
COMMISSION IMPLEMENTING REGULATION (EU) No 80/2012 of 31 January 2012 establishing the list of biological or chemical substances provided for in Article 53(1)(b) of Council Regulation (EC) No 1186/2009 setting up a Community system of reliefs from customs duty (codification) 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty,
Whereas:

(1) Commission Regulation (EEC) No 2288/83 of 29 July 1983 establishing the list of biological or chemical substances provided for in Article 60(1)(b) of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty has been substantially amended several times. In the interests of clarity and rationality the said Regulation should be codified.

(2) Article 53(1)(b) and (2) of Regulation (EC) No 1186/2009 provides for admission with relief from import duties for biological or chemical substances imported exclusively for non-commercial purposes by public establishments, or those departments of public establishments, or by officially authorised private establishments, whose principal activity is education or scientific research. Such admission with relief from import duties is limited, however, to biological or chemical substances for which there is no equivalent production in the customs territory of the Union and which are included in a list drawn up in accordance with the procedure referred to in Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code.

(3) According to information obtained from the Member States there is no equivalent production in the customs territory of the Union of the biological or chemical substances listed in Annex I to this Regulation.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:

Article 1 
The list of biological or chemical substances eligible for admission with relief from import duty provided for in Article 53(1)(b) of Regulation (EC) No 1186/2009 is set out in Annex I to this Regulation.
Article 2 
Regulation (EEC) No 2288/83 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 3 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I

CUS number CN code Description
 ex 2845 90 90 Helium-3
 ex 2845 90 90 (Oxygen-18) Water
 ex 2849 90 90 Titanium silicon carbide powder of a purity by weight of 99 % or more
0020273-3 ex 2901 29 00 3-Methylpent-1-ene
0020274-4 ex 2901 29 00 4-Methylpent-1-ene
0020275-5 ex 2901 29 00 2-Methylpent-2-ene
0020276-6 ex 2901 29 00 3-Methylpent-2-ene
0020277-7 ex 2901 29 00 4-Methylpent-2-ene
0025634-8 ex 2902 19 00 P-Mentha-1 (7), 2-diene beta- Phellandrene
0014769-3 ex 2903 99 90 4,4′-Dibromobiphenyl
0017305-7 ex 2904 10 00 Ethyl methanesulphonate

0020641-7 ex 2926 90 95 1-Naphtonitrile
0020642-8 ex 2926 90 95 2-Naphtonitrile
 ex 2934 99 90 Morpholino phosphorodiamidate oligomers (morpholino oligonucleotides)
0022830-8 ex 2936 21 00 Retinyl acetate
0045091-9 ex 3204 12 00 Sulphorhodamine G (C.I. Acid Red 50)
0021887-1 ex 3507 90 90 Phosphoglucomutase

ANNEX II
Repealed Regulation with list of its successive amendments


 Commission Regulation (EEC) No 2288/83
(OJ L 220, 11.8.1983, p. 13).
 Commission Regulation (EEC) No 1798/84
(OJ L 168, 28.6.1984, p. 22).
 Commission Regulation (EEC) No 2340/86
(OJ L 203, 26.7.1986, p. 15).
 Commission Regulation (EEC) No 3692/87
(OJ L 347, 11.12.1987, p. 16).
 Commission Regulation (EEC) No 213/89
(OJ L 25, 28.1.1989, p. 70).

ANNEX III

CORRELATION TABLERegulation (EEC) No 2288/83 This Regulation
Article 1 Article 1
— Article 2
Article 2 Article 3
Annex Annex I
— Annex II
— Annex III