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COUNCIL REGULATION ( EEC ) NO 2865/78

OF 23 NOVEMBER 1978

ESTABLISHING CEILINGS AND COMMUNITY SUPERVISION OF IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN ISRAEL ( 1979 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS ARTICLE 2 OF THE AGREEMENT ( 1 ) BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE STATE OF ISRAEL , SIGNED ON 11 MAY 1975 , AND ARTICLES 1 AND 2 OF PROTOCOL 1 ANNEXED THERETO , MAKE PROVISION FOR THE PROGRESSIVE ABOLITION OF CUSTOMS DUTIES IN RESPECT OF THE PRODUCTS TO WHICH THE AGREEMENT APPLIES ; WHEREAS , BY WAY OF DEROGATION FROM THESE ARTICLES , ARTICLE 5 OF THAT PROTOCOL PROVIDES THAT , FOR IMPORTS OF PRODUCTS LISTED IN THAT ARTICLE , THE REDUCTION OF DUTIES SHALL BE LIMITED TO CEILINGS ABOVE WHICH THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES MAY BE REINTRODUCED ; WHEREAS THE CEILINGS TO BE APPLIED IN 1979 SHOULD THEREFORE BE DETERMINED ; WHEREAS THE APPLICATION OF CEILINGS REQUIRES THAT THE COMMUNITY BE REGULARLY INFORMED OF THE TREND OF IMPORTS OF THE PRODUCTS IN QUESTION ORIGINATING IN ISRAEL ; WHEREAS IT IS , THEREFORE , DESIRABLE THAT IMPORTS OF THESE PRODUCTS BE SUBJECTED TO A SYSTEM OF SUPERVISION ;

WHEREAS THIS OBJECTIVE MAY BE ACHIEVED BY MEANS OF AN ADMINISTRATIVE PROCEDURE BASED ON CHARGING IMPORTS OF THE PRODUCTS IN QUESTION AGAINST THE CEILINGS AT COMMUNITY LEVEL , AS AND WHEN THESE PRODUCTS ARE SUBMITTED TO THE CUSTOMS AUTHORITIES UNDER COVER OF DECLARATIONS THAT THEY HAVE BEEN MADE AVAILABLE FOR HOME USE ; WHEREAS THIS ADMINISTRATIVE PROCEDURE MUST MAKE PROVISION FOR THE POSSIBILITY OF CUSTOMS DUTIES BEING REINTRODUCED AS SOON AS THE CEILINGS HAVE BEEN REACHED AT COMMUNITY LEVEL ;

WHEREAS THIS ADMINISTRATIVE PROCEDURE REQUIRES CLOSE AND PARTICULARLY RAPID COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION ; WHEREAS THE LATTER MUST , IN PARTICULAR , BE ABLE TO FOLLOW THE PROGRESS OF AMOUNTS SET OFF AGAINST THE CEILINGS AND KEEP THE MEMBER STATES INFORMED ; WHEREAS THIS COOPERATION HAS TO BE PARTICULARLY CLOSE SINCE THE COMMISSION MUST BE ABLE TO TAKE THE APPROPRIATE MEASURES TO REINTRODUCE CUSTOMS TARIFF DUTIES IF ONE OF THE CEILINGS IS REACHED ;

WHEREAS THE TREND OF IMPORTS OF CERTAIN PRODUCTS NOT SUBJECT TO CEILINGS SHOULD ALSO BE FOLLOWED ; WHEREAS IT IS THEREFORE DESIRABLE THAT IMPORTS OF SUCH PRODUCTS SHOULD ALSO BE SUBJECTED TO A SYSTEM OF SUPERVISION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY UNTIL 31 DECEMBER 1979 , IMPORTS OF PRODUCTS ORIGINATING IN ISRAEL LISTED IN ANNEX I SHALL BE SUBJECT TO ANNUAL CEILINGS AND COMMUNITY SUPERVISION .

THE DESCRIPTION OF THE PRODUCTS REFERRED TO IN THE FIRST PARAGRAPH , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE CEILINGS ARE GIVEN IN ANNEX I .

2 . QUANTITIES SHALL BE CHARGED AGAINST THE CEILINGS AS AND WHEN PRODUCTS ARE ENTERED WITH THE CUSTOMS AUTHORITIES UNDER COVER OF A DECLARATION THAT THEY HAVE BEEN MADE AVAILABLE FOR HOME USE AND ACCOMPANIED BY A MOVEMENT CERTIFICATE IN ACCORDANCE WITH THE RULES CONTAINED IN PROTOCOL 3 TO THE AGREEMENT BETWEEN THE COMMUNITY AND ISRAEL . HOWEVER , IN THE CASE OF PRODUCTS FALLING WITHIN CHAPTER 27 , THE CERTIFICATE OF ORIGIN MAY REPLACE THE MOVEMENT CERTIFICATE .

GOODS MAY BE CHARGED AGAINST THE CEILING ONLY IF THE MOVEMENT CERTIFICATE OR , IN THE CASE OF GOODS FALLING WITHIN CHAPTER 27 , THE CERTIFICATE OF ORIGIN IS SUBMITTED BEFORE THE DATE ON WHICH CUSTOMS DUTIES ARE REIMPOSED .

THE EXTENT TO WHICH A CEILING IS USED UP SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF THE IMPORTS CHARGED AGAINST IT IN THE MANNER DEFINED IN THE PRECEDING SUBPARAGRAPHS .

THE MEMBER STATES SHALL INFORM THE COMMISSION AT THE INTERVALS AND WITHIN THE TIME LIMITS SPECIFIED IN PARAGRAPH 4 OF ANY IMPORTS EFFECTED IN ACCORDANCE WITH THE ABOVE PROCEDURES .

3 . AS SOON AS THE CEILINGS HAVE BEEN REACHED , THE COMMISSION MAY ISSUE A REGULATION REIMPOSING THE CUSTOMS DUTIES SPECIFIED IN ARTICLES 2 AND 5 ( 6 ) OF PROTOCOL 1 TO THE AGREEMENT UNTIL THE END OF THE CALENDAR YEAR .

4 . MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF THE QUANTITIES CHARGED DURING THE PRECEDING MONTH . THEY SHALL , IF THE COMMISSION SO REQUESTS , MAKE UP SUCH STATEMENTS FOR PERIODS OF 10 DAYS AND FORWARD THEM WITHIN FIVE CLEAR DAYS OF THE END OF EACH 10-DAY PERIOD .

ARTICLE 2

FROM 1 JANUARY UNTIL 31 DECEMBER 1979 , IMPORTS OF THE PRODUCTS REFERRED TO IN ANNEX II WHICH ORIGINATE IN ISRAEL SHALL BE SUBJECTED TO COMMUNITY SUPERVISION .

MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF IMPORTS OF THE PRODUCTS IN QUESTION EFFECTED DURING THE PRECEDING MONTH ; ONLY PRODUCTS SUBMITTED TO THE CUSTOMS AUTHORITIES UNDER COVER OF A DECLARATION THAT THEY ARE TO BE MADE AVAILABLE FOR HOME USE AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 3 TO THE AGREEMENT SHALL BE TAKEN INTO CONSIDERATION FOR THIS PURPOSE .

ARTICLE 3

THE COMMISSION SHALL TAKE ALL APPROPRIATE MEASURES IN CLOSE COOPERATION WITH THE MEMBER STATES FOR THE PURPOSES OF APPLYING THIS REGULATION .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 23 NOVEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

J . ERTL

( 1 ) OJ NO L 136 , 28 . 5 . 1975 , P . 3 .

ANNEX I

LIST OF PRODUCTS SUBJECT TO IMPORT CEILINGS IN 1979

ORDER NO*CCT HEADING NO*DESCRIPTION*NIMEXE CODE*LEVEL OF CEILING ( TONNES ) *

1*2*3*4*5*

I IL 1*27.10*PETROLEUM OILS AND OILS OBTAINED FROM BITUMINOUS MINERALS , OTHER THAN CRUDE ; PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED , CONTAINING NOT LESS THAN 70 % BY WEIGHT OF PETROLEUM OILS OR OF OILS OBTAINED FROM BITUMINOUS MINERALS , THESE OILS BEING THE BASIC CONSTITUENTS OF THE PREPARATIONS : **CEILING DELAYED*

**A . LIGHT OILS : **CEILING DELAYED*

**III . FOR OTHER PURPOSES*27.10-15 , 17 , 21 , 25 , 29*CEILING DELAYED*

**B . MEDIUM OILS : **CEILING DELAYED*

**III . FOR OTHER PURPOSES*27.10-34 , 38 , 39*CEILING DELAYED*

**C . HEAVY OILS : **CEILING DELAYED*

**I . GAS OIL : **CEILING DELAYED*

**C ) FOR OTHER PURPOSES*27.10-59*CEILING DELAYED*

**II . FUEL OIL : **CEILING DELAYED*

**C ) FOR OTHER PURPOSES*27.10-69*CEILING DELAYED*

**III . LUBRICATING OILS ; OTHER OILS : **CEILING DELAYED*

**C ) TO BE MIXED IN ACCORDANCE WITH THE TERMS OF ADDITIONAL NOTE 7 TO THIS CHAPTER ( A ) *27.10-75*CEILING DELAYED*

**D ) FOR OTHER PURPOSES*27.10-79*CEILING DELAYED*

*27.11*PETROLEUM GASES AND OTHER GASEOUS HYDROCARBONS : **CEILING DELAYED*

**A . PROPANE OF A PURITY NOT LESS THAN 99 % : **CEILING DELAYED*

**I . FOR USE AS POWER OR HEATING FUEL*27.11-03*CEILING DELAYED*

**B . OTHER : **CEILING DELAYED*

**I . COMMERCIAL PROPANE AND COMMERCIAL BUTANE : **CEILING DELAYED*

**C ) FOR OTHER PRUPOSES*27.11-19*CEILING DELAYED*

*27.12*PETROLEUM JELLY : **CEILING DELAYED*

**A . CRUDE : **CEILING DELAYED*

**III . FOR OTHER PURPOSES*27.12-19*CEILING DELAYED*

**B . OTHER*27.12-90*CEILING DELAYED*

*27.13*PARAFFIN WAX , MICRO-CRYSTALLINE WAX , SLACK WAX , OZOKERITE , LIGNITE WAX , PEAT WAX AND OTHER MINERAL WAXES , WHETHER OR NOT COLOURED : **CEILING DELAYED*

**B . OTHER : **CEILING DELAYED*

**I . CRUDE : **CEILING DELAYED*

**C ) FOR OTHER PRUPOSES*27.13-89*CEILING DELAYED*

**II . OTHER*27.13-90*CEILING DELAYED*

ORDER NO*CCT HEADING NO*DESCRIPTION*NIMEXE CODE*LEVEL OF CEILING ( TONNES ) *

1*2*3*4*5*

I IL 1 ( CONT'D ) *27.14*PETROLEUM BITUMEN , PETROLEUM COKE AND OTHER RESIDUES OF PETROLEUM OILS OR OF OILS OBTAINED FROM BITUMINOUS MATERIALS : **CEILING DELAYED*

**C . OTHER : **CEILING DELAYED*

**II . OTHER*27.14-99*CEILING DELAYED*

I IL 2*29.02*HALOGENATED DERIVATIVES OF HYDROCARBONS : ***

**A . HALOGENATED DERIVATIVES OF ACYCLIC HYDROCARBONS : ***

**III . BROMIDES*29.02-40*2 188*

I IL 3*42.03*ARTICLES OF APPAREL AND CLOTHING ACCESSORIES , OF LEATHER OR OF COMPOSITION LEATHER : ***

**B . GLOVES , INCLUDING MITTENS AND MITTS*42.03-21 , 25 , 27 , 28*CEILING DELAYED*

I IL 4*55.05*COTTON YARN , NOT PUT UP FOR RETAIL SALE*55.05-ALL NOS*1 094*

I IL 5*55.09*OTHER WOVEN FABRICS OF COTTON*55.09-ALL NOS*486*

I IL 6*60.03*STOCKINGS , UNDER STOCKINGS , SOCKS , ANKLE SOCKS , SOCKETTES AND THE LIKE , KNITTED OR CROCHETED , NOT ELASTIC NOR RUBBERIZED*60.03-ALL NOS*CEILING DELAYED*

I IL 7*60.05*OUTER GARMENTS AND OTHER ARTICLES , KNITTED OR CROCHETED , NOT ELASTIC NOR RUBBERIZED*60.05-ALL NOS*547*

( A ) ENTRY UNDER THIS SUBHEADING IS SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES .

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 2

ORDER NO*CCT HEADING NO*DESCRIPTION*NIMEXE CODE*

1*2*3*4*

II IL 1*28.01*HALOGENS ( FLUORINE , CHLORINE , BROMINE AND IODINE ) : **

**C . BROMINE*28.01-50*

II IL 2*28.10*PHOSPHORUS PENTOXIDE AND PHOSPHORIC ACIDS ( META , ORHTOAND PYRO - ) *28.10-00*

II IL 3 A*28.30*CHLORIDES , OXYCHLORIDES AND HYDROXYCHLORIDES ; BROMIDES AND OXYBROMIDES ; IODIDES AND OXYIODIDES : **

**C . OTHER : **

** - BROMIDES AND OXYBROMIDES*28.30-93 , 95*

II IL 3 B*28.31*HYPOCHLORITES ; COMMERCIAL CALCIUM HYPOCHLORITE ; CHLORITES ; HYPOBROMITES : **

**C . OTHER : **

** - HYPOBROMITES*28.31-99*

II IL 3 C*28.32*CHLORATES AND PERCHLORATES ; BROMATES AND PERBROMATES ; IODATES AND PERIODATES : **

**C . OTHER : **

** - BROMATES AND PERBROMATES*28.32-90*

II IL 4*28.40*PHOSPHITES , HYPOPHOSPHITES AND PHOSPHATES : **

**B . PHOSPHATES ( INCLUDING POLYPHOSPHATES ) : **

**II . OTHER*28.40-30 , 62 , 65 , 71 , 79 , 81 , 85*

II IL 5*29.16*CARBOXYLIC ACIDS WITH ALCOHOL , PHENOL , ALDEHYDE OR KETONE FUNCTION AND OTHER SINGLE OR COMPLEX OXYGEN-FUNCTION CARBOXYLIC ACIDS AND THEIR ANHYDRIDES , HALIDES , PEROXIDES AND PERACIDS , AND THEIR HALOGENATED , SULPHONATED , NITRATED OR NITROSATED DERIVATES : **

**A . CARBOXYLIC ACIDS WITH ALCOHOL FUNCTION : **

**IV . CITRIC ACID AND ITS SALTS AND ESTERS*29.16-21 , 23 , 29*

II IL 6*31.03*MINERAL OR CHEMICAL FERTILIZERS , PHOSPHATIC : **

**A . MENTIONED IN NOTE 2 ( A ) TO CHAPTER 31 : **

**I . SUPERPHOSPHATES*31.03-15*

II IL 7*39.02*POLYMERIZATION AND COPOLYMERIZATION PRODUCTS ( FOR EXAMPLE , POLYETHYLENE , POLYTETRAHALOETHYLENES , POLYISOBUTYLENE , POLYSTYRENE , POLYVINYL CHLORIDE , POLYVINYL ACETATE , POLYVINYL CHLOROACETATE AND OTHER POLYVINYL DERIVATIVES , POLYACRYLIC AND POLYMETHACRYLIC DERIVATIVES , COUMARONE-INDENE RESINS ) : **

**C . OTHER : **

**VII . POLYVINYL CHLORIDE : **

II IL 7 A**A ) IN ONE OF THE FORMS MENTIONED IN NOTE 3 ( A ) AND ( B ) TO THIS CHAPTER*39.02-41 , 43*

II IL 7 B**B ) IN OTHER FORMS*39.02-45 , 46 , 47 , 51 , 52 , 53 , 54 , 57 , 59 , 61 , 66*

ORDER NO*CCT HEADING NO*DESCRIPTION*NIMEXE CODE*

1*2*3*4*

II IL 8*42.02*TRAVEL GOODS ( FOR EXAMPLE , TRUNKS , SUITCASES , HAT BOXES , TRAVELLING BAGS , RUCKSACKS ) , SHOPPING-BAGS , HANDBAGS , SATCHELS , BRIEF-CASES , WALLETS , PURSES , TOILET-CASES , TOOL-CASES , TOBACCOPOUCHES , SHEATHS , CASES , BOXES ( FOR EXAMPLE , FOR ARMS , MUSICAL INSTRUMENTS , BINOCULARS , JEWELLERY , BOTTLES , COLLARS , FOOTWEAR , BRUSHES ) AND SIMILAR CONTAINERS OF LEATHER OR OF COMPOSITION LEATHER , OF VULCANIZED FIBRE , OF ARTIFICIAL PLASTIC SHEETING , OF PAPERBOARD OR OF TEXTILE FABRIC : **

**EX B . OF OTHER MATERIALS : **

** - OF LEATHER*42.02-EX 21 , EX 31 , EX 41 , EX 51 , EX 81*

II IL 9*42.03*ARTICLES OF APPAREL AND CLOTHING ACCESSORIES , OF LEATHER OR OF COMPOSITION LEATHER : **

**A . ARTICLES OF APPAREL*42.03-10*

**C . OTHER CLOTHING ACCESSORIES*42.03-51 , 59*

II IL 10*51.04*WOVEN FABRICS OF MAN-MADE FIBRES ( CONTINUOUS ) , INCLUDING WOVEN FABRICS OF MONOFIL OR STRIP OF HEADING NO 51.01 OR 51.02*51.04-ALL NOS*

II IL 11*56.05*YARN OF MAN-MADE FIBRES ( DISCONTINUOUS OR WASTE ) , NOT PUT UP FOR RETAIL SALE*56.05-ALL NOS*

II IL 12*56.07*WOVEN FABRICS OF MAN-MADE FIBRES ( DISCONTINUOUS OR WASTE ) *56.07-ALL NOS*

II IL 13*70.05*UNWORKED DRAWN OR BLOWN GLASS ( INCLUDING FLASHED GLASS ) , IN RECTANGLES*70.05-ALL NOS*

II IL 14*76.03*WROUGHT PLATES , SHEETS AND STRIP , OF ALUMINIUM*76.03-ALL NOS