Commission proposes longer dock-dues regime for French outermost regions

The Commission has proposed extending the dock dues (octroi de mer) regime for the French outermost regions by three yearsEuropa, to 31 December 2030, and widening the list of local products that may benefit from a reduced rateEuropa. The proposal, COM(2026) 662 of 10 September 2026, amends Council Decision (EU) 2021/991Europa; it is not yet in forceEuropa and must still be adopted by the Council after consulting the European ParliamentEuropa.

The octroi de mer is a consumption tax levied in Guadeloupe, French Guiana, Martinique, Mayotte and Réunion on imported goods and on goods produced locally. EU Treaty rules normally prohibit taxing local products more favourably than products from elsewhere in the Union, but Article 349 of the Treaty on the Functioning of the European Union allows tailored measures for the outermost regions. Under Decision (EU) 2021/991, in force from 1 January 2022 to 31 December 2027, France may apply exemptions from or reductions of dock dues to locally produced goods listed in Annex I, with tax differentials of up to 20 percentage points (List A) or 30 percentage points (List B) compared with imported equivalents.

The proposal responds to two problems. First, the tariff codes in Annex I were fixed in 2021 while the EU Combined Nomenclature changes every year, so some codes are obsolete or misaligned and regional authorities face legal uncertainty over which goods still qualify. The proposal updates five codes and realigns the annex with the current nomenclature. Second, at France's request, twenty-two new codes become eligible for a lower rate on locally produced goodsEuropa: plastics for GuadeloupeEuropa; animal products, vegetables, fats and oils, cement, chemicals, paper and board articles, and iron and steel articles for RéunionEuropaEuropa; rice, chemical-industry products, wood articles, and paper and board articles for French GuianaEuropaEuropa; and animal products, wood articles, and glass and glassware for MartiniqueEuropaEuropa. Some codes are broadened to four-digit headings, which widens the products covered. Saint-Martin is not included in the requestEuropa.

The scheme would apply continuously from 1 January 2027, so no gap arises when the current authorisation expires at the end of 2027. France would submit an evaluation report to the Commission by 30 September 2028, and the reporting tables in Annex II are extended to cover years until 2027.

The proposal also confers a delegated power on the Commission to correct tariff headings or add new products in Annex I each year following the annual nomenclature updateEuropa, so the list stays current without repeated legislation. That power would run until 31 December 2030Europa; the Parliament or the Council could revoke it at any time, and a delegated act would enter into force only if neither institution objects within two months of notification, extendable by two further months.

Legal basis: Proposal COM(2026) 662 for a Council Decision amending Decision (EU) 2021/991, based solely on Article 349 TFEU.