COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 376 final 
Brussels, 15 October 1991 
i^*SjH«^? 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 
(1992) 
(presented by the Commission) 
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 Chapter 27 of the combined 
nomenclature. 
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 Commission 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, ther 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 15%, 
- 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 10%, 
- for 1983 at the 1982 levels plus 5%, 
- for 1984 at the 1983 levels, 
- for 1985 at the 1984 levels plus 25%, 
- for 1986 at the 1985 levels plus 4.527, 
- for 1987, 1988, 1989 and 1990 at the 1986 levels, 
- for 1991 at the 1990 levels plus 5%. 
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For 1992, 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. 
After studying the problem, the Commission finally recognized that, in 
view of the provisions of paragraph 4 of the Sole Article of Annex I 
to the Additional Protocol, the tariff quota of 340 000 tonnes laid 
down for Turkey should be converted, as from 1976, into a Community 
ceiling, the volume of which should be increased in the same 
proportIons as 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 1992 of 740 250 
tonnes and to establish Community surveillance of imports of these 
products, taking into account the provisions of Regulations (EEC) 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 dut les 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 Member 
States must take adequate measures to ensure that 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 are entered with the customs authorities for free circulation. 
Statistics will be compiled by each Member States at the end of each 
month and will be forwarded to the Commission by the fifteenth day of 
the following month in order to enable it to telex to all Member 
States complete statistics of imports of the products in question 
(1) 0J No L 250, 1.9.1987, p. 1 
(2) 0J No L 104, 23.4.1988, p. 4 
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during the preceding month. The system of surveiI lance wiI I 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% of the celling 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 consultations 
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 quest in 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 from 
the date indicated in the regulation ending the reduction of customs 
dut les. 
4. The attached proposal lays down that authority to apply the rules on 
ceilings and re-establishment of customs duties should be transferred 
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 adjested flexibly and quickly in consultation with the 
Member States. 
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Moreover, 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. 
Annex: Proposal for a Council Regulation. 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of /9l 
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 (1992) 
THE COUNCIL Ol 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 (*), provides for the total suspension of customs duties 
applicable to certain petroleum products refined in Turkey 
falling 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, 
after successive increases, to 740 250 tonnes, above which 
the customs duties applicable to third countries may be 
re-established; 
Whereas the Council adopted Regulation (EEC) No 
1059/88 laying down the arrangements applicable to 
Greece's trade with Turkey (3); whereas, the Council also 
adopted Regulation (EEC) No 2573/87 laying down the 
arrangements for trade between Spain and Portugal, on the 
one hand, and Algeria, Egypt, Jordan, Lebanon, Tunisia and 
Turkey, on the other (4); 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 coopération has to be particularly close since the 
Commission must be able to lake 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 19% 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 740 250 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 I applies 
shall be the following: 
N CN code Description 
13.0010 2710 00 Petroleum oils and oils obtained from bituminous minerals, other than crude 
preparations 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 Nol. 361, .11. 12. 1977, p. 2. 
(2) OJ No I. 48, 26. 2. 1986, p. 36. 
(') OJ No 1. 104, 23. 4. 1988, p. 4. 
(<) OJ No I. 2S0, 1. 9. 1987, p. 1. 
Oui. 
Nu 
I 1.0010 
(mut'il) (N 
27100021 
2710 00 25 
2710 00 31 
2710 00 33 
2710 00 35 
2710 00 37 
2710 00 39 
27100051 
27100055 
27100059 
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 I >I'M 11)11 IOI! 
Spcual &pnils: 
. _ ._ _ White spirit 
Other 
Other: 
— — — — Motor spirit: 
— — — — — Aviation spirit: 
— — — — — Other, with a lead content: 
— — — — — — Not exceeding 0,013 g/1 
------ Exceeding 0,013 g/1 
— — — - Spirit type jet fuel 
— - — — Other light oils 
— Medium oils: 
- For other purposes: 
- — Kerosene: 
Jet fuel 
Other 
Other 
— Heavy oils: 
— — Gas 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: 
— liquefied 
— - 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: 
___..- Eor 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 this code is subject to conditions laid down in the relevant Community provisions. 
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 clear days of 
the end of each 10-day period. 
Article 4 
The Commission shall take all appropriate measures, in c lost-
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. Article 5 
This Regulation shall enter into force on 1 January 1992 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
/•or the (Council 
The President 
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 art. 120 
2. Legal base : art 113 of the Treaty 
3. Heading of the tariff measure : 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 (1992). 
4. Object ive : Respect of contractual engagements as regards Turkey. 
5. Method of calculation : 
CN code: 2710 to 2714 
Volume of the ceiling : 740 250 t 
Duty to apply: 0 % 
Normal duties : Various duties (average duty : 5 %) 
6. Loss of receipts : 
Value 1 tonne : 68 ecus (average value) 
Total value : 50 337 000 ecus 
Loss : 
- in case of total utilisation : 
50 337 000 ecus X 5/100 : 2 516 850 ecus. 

ISSN 0254-1475 
COM(91) 376 final 
DOCUMENTS 
EN 12 li 
Catalogue number : CB-CO-91-427-EN-C 
ISBN 92-77-76158-X 
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