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 ( 1991 )
Date: 1990-09-11
Institutions: European Commission
Subjects: Türkiye, petroleum product, suspension of customs duties, tariff ceiling

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 

(199 ^ 

(presented by the Commission) 

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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. 

- 2-

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 

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 

the provisions of Regulations CEEC) No 2573/87 

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. 

- 3-

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. 

- 4-

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 

790 

of 

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 
in  particular  Article  113 
Economic  Community,  and 
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 
the  possible 
re-establishment of customs tariff duties as soon as the ceiling 
is reached  at Community  level; 

for 

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. 

The  petroleum  products  to which  paragraph  1  applies 

2. 
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 

Description 

— — — Special spirits: 

27100G21 

— — — — White spirit 

2710 00 25 

Other 

Other: 

— — 

Motor spirit: 

2710 00 31 

— — — — — Aviation spirit: 

2710 00 33 

2710 00 35 

2710 00 37 
2710 00 39 

— — — 

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: 

2710 00 51 
271000 55 
2710 00 59 

— 

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) 

2710 00 69 

2710 00 79 

2710 00 95 

2710 00 99 

— — — For other purposes 

to this chapter (') 

2711 
2711 12 

Petroleum gases and other gaseous hydrocarbons: 

— — Propane: 
Other: 

2711 12 99 
2711 13 
2711 13 90 

— — — — For other purposes 
— — Butanes: 
— — — For other purposes 

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 

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. 

% 

- 3-

Imports  of  the  petroleum  products  referred  to  in 

3. 
paragraph  1 shall  be subject  to Community  surveillance. 

Article 3 

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 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. 

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. 

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. 

: 2710 à 27Î4 

Volume du plafond 

: 705 000 tonnes 

Droits à appliquer 

: 0 % 

Droits normaux 

:  d r o i ts  d i v e rs  ( d r o it  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 

ISSN 0254-1475 

COM(90) 411 final 

DOCUMENTS 

EN 

n  02 

Catalogue number : CB-CO-90-434-EN-C 
ISBN 92-77-63886-9 

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