ÈS»i»£»iBlË1rë COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90) 411 final 
Brussels, 11 September 1990 
Proposal for a 
COUNCIL REGULATION! (EEC) 
opening and providing for the administration of a Community preferential 
ceiling for certain petroleum products refined in Turkey and 
establishing Community surveillance for imports thereof 
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EXPLANATORY MEMORANDUM 
Following negotiations held with Turkey with a view to amending the 
EEC-Turkey Association Agreement and the Additional Protocol thereto 
consequent on the accession of new Member States, the Community signed 
on 30 June 1973 in Ankara a Supplementary Protocol, which entered into 
force on 1 March 1986. 
This Supplementary Protocol provides inter alia for the opening of an 
annual Community duty-free tariff quota of 340 000 tonnes for certain 
petroleum products falling within Cahpter 27 of the combined nomenclature. 
2. In addition, the decision taken by the Council of Association in June 
1973 that Turkey should not receive less favourable treatment than that 
granted to the countries qualifying for generalised tariff preferences 
led the Coaaission and the Turkish authorities to study the problem of 
giving Turkey and the developing countries equivalent tariff treatment. 
The Community tariff quotas opened for the developing countries during 
the years 1971 to 1973 were converted with effect from 1 January 1974 
into the Community ceilings, the levels of which were calculated by 
the usual method. For 1975 these volumes were fixed at the 1974 levels 
plus 12%, for 1976 at the 1975 levels plus 15X, for 1977 at the 1976 
levels plus 4.6% overall, for 1978, 1979 and 1980 at the same levels as 
in 1977, for 1981 at the 1980 levels plus 2%, for 1982 at the 1981 
levels plus 101, for 1983 at the 1982 levels plus 5%, for 1984 at the 
1983 levels, for 1985 at the 1984 levels plus 25X, for 1986 at the 
1985 levels plus 4.527X, and for 1987, 1988, 1989 and 1990 at the 
1986 levels. 
For 1991, with the said volumes not yet fixed in the framework of the 
GSP, the Commission reserves the right to modify its proposal at 
Council level, to take into account any increase which may be decided. 
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After study inf the problem, the Commission finally recegnited tHat, 
in view of the provisions of paragraph t* of the Sole Article ©f 
Annex I to the Additional Protocol, the tariff quota of 540 000 tonnes 
laid down for Turkey should be converted, as fro* 1976, into a 
Community ceiling, the volume of which should be increased in the same 
proportions *3 had been applied under the Generalized System of 
Preferences. 
The only purpose of the attached proposal for a Regulation is to open, 
•for the products in question, a Community ceiling for tÇÇj of 70S 000 
tonnes and to establish Community surveillance of imports of these 
products, taking into account 
the provisions of Regulations CEEC) No 2573/87 
of 11 August 1987 (1) and 1059/88 of 28 March 1988 (2), laying down 
the arrangements applicable to trade of Spain, Portugal and Greece 
with Turkey. 
3. The application of ceilings'and the possibility of re-establishing 
customs duties require the adoption of precise common rules to be 
applied uniformly by all Member States. These requirements may be met 
by the establishment of a Community surveillance system for goods 
actually imported from the partner country. To this end, the «ember 
States must take adequate measures to ensure ;hat statistical returns 
can be collected quickly at Community level. In this respect, account 
should be kept only of imports of the products in question as and 
when they »re entered with the customs authorities for free circulation. 
Statistics will be compiled by each Waiter State at the end of each month 
and will be forwarded to the Commission by the fifteenth day of 
(1) OJ N* L 250, 1.9.1987, p. 1. 
(2) OJ H9 L 104, 23.4.1988, p. 4. 
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the following month in order to enable it to telex to all «ember States 
complete statistics of imports of the products in question during the 
preceding month. The system of surveillance will require a diligent 
effort as well as close cooperation between the Member States'competent 
authorities and the Commission departments. 
As regards implementation of the mechanism for re-establishing customs 
duties, the following system will be applied: as soon as the total 
monthly statistics compiled by the Commission departments indicate 
that 75 X of the ceiling has been used up, the latter will notify 
the Member States and consultations may then be held, for instance 
within the Economic Tariff Problems Group, either at a Member State's 
request or on the Commission's initiative. The purpose of such consul­
tations will be to examine whether the customs duties applicable to 
third countries should be re-established when the ceiling has been 
used up. 
Imports of the products in question will continue to be notified on a 
monthly basis. 
The Commission will thus be able to act quickly to adopt a regulation 
re-establishing customs duties on imports from the partner country 
until the end of the calendar year. 
In such a case, customs duties will naturally be re-established fro» 
the date indicated in the regulation ending the reduction of 
customs duties. 
A* The attached proposal lays down that authority to apply the rules on 
ceilings and the re-establishment of customs duties should be trans­
ferred from the Council to the Commission. 
This proposal for a regulation merely gives a general framework within 
which such authority is to be exercised so as to enable the mechanisms 
envisaged to be adjusted flexibly and quickly in consultation with the 
Member States. 
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Horeover, it is precisely with this aim of optimum efficiency and 
speed that, under the proposed regulation, the task of re-establishing 
the customs duties applicable to third countries in respect of imports 
from the partner country will fall to the Commission. 
Anne*: Proposal for a Council Regulation. 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 790 
opening and providing for the administration of a Community preferential ceiling for certain 
petroleum products refined in Turkey and establishing Community surveillance for imports 
thereof (1991) 
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 7 of the Supplementary Protocol to the 
Association Agreement between the European Economic 
Community and Turkey consequent on the accession of new 
Member States to the Community ('), which was signed in 
Ankara on 30 June 1973 and entered into force on 1 March 
1986 (2), provides for the total suspension of customs duties 
applicable to certain petroleum products refined in Turkey 
failing within Chapter 27 of the Common Customs Tariff 
within the limits of an annual Community tariff quota of 
340 000 tonnes; whereas, for the products concerned, a 
provisional adjustment should be made to those tariff 
preferences, consisting essentially of substituting for the 
Community tariff quota a Community ceiling amounting, 
?fter successive increases, to 705 000 tonnes, above which 
the customs duties applicable to third countries may be 
rr-'Sta Wished; 
Whereas the Council adopted Regulation (EEC) No 
1059/88 of 28 March 1988 laying down the arrangements 
applicable to Greece's trade with Turkey (3); whereas, the 
Council also adopted Regulation (EEC) No 2573/87 of 
11 August 1987 laying down the arrangements for trade 
between Spain and Portugal, on the one hand, and Algeria, 
Eçypt, Jordan, Lebanon, Tunisia and Turkey, on the 
other (*); whereas the tariff quota in question applies 
therefore to the current Community; 
Whereas the application of ceilings requires the Community 
to be regularly informed of the trend of imports of the 
relevant products originating in Turkey; whereas imports 
should, therefore, be made subject to a system of 
surveillance; Whereas this objective may be achieved by means of an 
administrative procedure based on offsetting imports of the 
products in question against the ceiling at Community level 
as and when these products are entered with the customs 
authorities for free circulation; whereas this administrative 
procedure must make provision for the possible 
re-establishment of customs tariff duties as soon as the ceiling 
is reached at Community level; 
Whereas this administrative procedure requires close and 
particularly swift cooperation between the Member States 
and the Commission; whereas the latter must, in particular, 
be able to follow the progress of quantities charged against 
the ceiling 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 re-establish customs tariff duties if the ceiling is 
reached, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. From 1 January to 31 December 1991 the duties 
applicable to imports into the Community of the petroleum 
products refined in Turkey and indicated in paragraph 2 shall 
be suspended in full within the limits of a Community ceiling 
of 705 000 tonnes. 
Within the limits of this ceiling, the Kingdom of Spain and the 
Portuguese Republic shall apply the duties calculated in 
accordance with Regulation (EEC) No 2573/87. 
2. The petroleum products to which paragraph 1 applies 
shall be the following: 
°NoCr CNcodc Description 
13.0010 2710 00 Petroleum oils and oils obtained from bituminous minerals, other than crude 
préparations not elsewhere specified or included, containing by weight 70 % 
or more of petroleum oils or of oils obtained from bituminous minerals, these 
oils being the basic constituents of the preparations: 
- Light oils: 
- - For other purposes: 
(') Oj No L 361, 31. 12. 1977, p. 2. 
{*) Oj No L 49, 25. 2. 1986, v. 36. 
{') OJ No L 104, 23. 4. 1988, p. 4. 
(«) OJ No L 250, 1. 9. 1987, p. 1. 
-2~ 
Or*r 
No 
13.9010 
(cont'd) CNcode 
27100G21 
2710 00 25 
2710 00 31 
2710 00 33 
2710 00 35 
2710 00 37 
2710 00 39 
2710 00 51 
271000 55 
2710 00 59 
2710 00 69 
2710 00 79 
2710 00 95 
2710 00 99 
2711 
2711 12 
2711 12 99 
2711 13 
2711 13 90 
2712 
2712 10 
2712 10 10 
2712 10 90 
2712 20 00 
2712 90 
2712 90 39 
2712 90 90 
2713 
2713 90 
2713 90 90 Description 
— — — Special spirits: 
— — — — White spirit 
Other 
Other: 
— — Motor spirit: 
— — — — — Aviation spirit: 
— — — Other, with a lead content: 
Not exceeding 0,013 g/t 
Exceeding 0,013 g/1 
_ _ _ — Spirit type jet fuel 
— — Other light oils 
— Medium oils: 
— — For other purposes: 
— Kerosene: 
Jet fuel 
Other 
Other 
— Heavy oils: 
— — Cas oils: 
— — — For other purposes 
— — Fuel oils: 
— — — For other purposes 
— — Lubricating oils; other oils: 
— — — To be mixed in accordance with the terms of additional note 6 (CN) 
to this chapter (') 
— — — For other purposes 
Petroleum gases and other gaseous hydrocarbons: 
— — Propane: 
Other: 
— — — — For other purposes 
— — Butanes: 
— — — For other purposes 
Petroleum jelly, paraffin wax, microcrystalline petrolum wax, slack wax, 
ozokerite, lignite wax, peat wax, other mineral waxes, and similar products 
obtained by synthesis or by other processes, whether or not coloured: 
— Petroleum jelly: 
Crude 
Other 
— Paraffin wax containing by weight less than 0,75 % of oil 
— Other: 
Other: 
— — — Crude: 
_ _ _ — For other purposes 
Other 
Petroleum coke, petroleum bitumen and other residues of petroleum oils or of 
oils obtained from bituminous minerals: 
— Other residues of petroleum oils or of oils obtained from bituminous 
minerals: 
Other 
(') Entry under thu code i< subject to conditioni laid down in the relevant Community provisions. 
% 
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3. Imports of the petroleum products referred to in 
paragraph 1 shall be subject to Community surveillance. 
4. Quantities shall be charged against the ceiling as and 
when products are entered with the customs authorities for 
free circulation. 
5. The extent to which the ceiling is used up shall 
be determined at Community level on the basis of the 
imports charged against it, in the manner specified in 
paragraph 4. 
6. Member States shall inform the Commission, at the 
intervals and within the time limits specified in Article 3, of 
imports effected in accordance with the rules referred to in 
this Article. Article 3 
Member States shall send the Commission statements of 
the quantities charged for the preceding month no later than 
the 15th day of each month. At the Commission's request, 
they shall send statements of the quantities charged for 
periods of 10 days, to be forwarded within five dear days of 
the end of each 10-day period. 
Article 4 
The Commission shall take all appropriate measures, in dose 
cooperation with the Member States, to ensure the 
implementation of this Regulation. 
Article 2 
As soon as the ceiling referred to Article 1 (1) has been 
reached at Community level, the Commission may adopt a 
regulation re-establishing, until the end of the calendar year, 
the collection of the duties normally applicable. Articles 
This Regulation shall enter into force on 1 January 1991. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
FICHE FINANCIERE 
1. ligne budgétaire concernée : cnap. 12, art. 120 
2. Base lurldlQue : article 113 du traité 
3. Intitulé des mesures tarifaires : Proposition de règlement du 
Conseil portant ouverture et mode de gestion d'un plafond 
communautaire préférentiel pour certains produits pétroliers 
raffinés en Turquie et établissement d'une surveillance 
communautaire des Importations de ces produits (1991). 
4. OblectIf : Respect des engagements contractés vis-à-vis de la 
Turquie. 
5. Mode de calcul 
Codes N.C. 
Volume du plafond 
Droits à appliquer 
Droits normaux : 2710 à 27Î4 
: 705 000 tonnes 
: 0 % 
: droits divers (droit moyen 5 %) 
6. Parti» de recettes : 
Va leur f tome : 68 écus (valeur moyenne) 
Valeur totale : 47.940,000 écus 
Pert© : 
- si utilisation totale : 47.940.000 écus X 5/100 - 2.397.000 écus. 
J 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec un engagement 
contractuel de la Communauté. L'Impact découlant de cette concession a 
été pris en considération lors de la prise de décision d'adoption de ce 
plafond tarifaire et il n'aura pas un caractère sérieux sur la 
compétitivité et l'emploi dans la Communauté. 
(0 
I 
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