Commission Implementing Regulation (EU) 2015/2064
of 17 November 2015
amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code as regards solar glass intended to be processed under the processing under customs control procedure
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1, and in particular Article 247 thereof,
Whereas:
Commission Regulation (EEC) No 2454/932 provides for a possibility for certain goods to be processed under the processing under customs control procedure without an examination of the economic conditions referred to in Article 133(e) of Regulation (EEC) No 2913/92. For those goods, the economic conditions are deemed to be fulfilled in accordance with Article 552 of Regulation (EEC) No 2454/93. Those goods are covered by Part A of Annex 76 to Regulation (EEC) No 2454/93.
Order number 11 of Part A of Annex 76 to Regulation (EEC) No 2454/93 covers certain components, parts, assemblies or materials which may be processed into information technology products.
Solar glass may be processed under processing under customs control into solar panels. The processing operation is covered by order number 11 of Part A of Annex 76 to Regulation (EEC) No 2454/93.
Solar glass originating in the People's Republic of China intended to be placed under processing under customs control would be, if it were declared for release for free circulation, subject to a definitive anti-dumping duty in accordance with Commission Implementing Regulation (EU) No 470/20143 or to a definitive countervailing duty in accordance with Commission Implementing Regulation (EU) No 471/20144.
The processing of solar glass originating in the People's Republic of China under processing under customs control may adversely affect the essential interests of Union producers of solar glass. Therefore, the use of processing under customs control should be possible only after the Customs Code Committee has examined the economic conditions in accordance with Article 552(2) of Regulation (EEC) No 2454/93 and concluded that those conditions are fulfilled.
Regulation (EEC) No 2454/93 should therefore be amended accordingly.
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION: