Proposal for a COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2603/69 ESTABLISHING COMMON RULES FOR EXPORTS
Date: 1991-12-06
Institutions: European Commission
Subjects: European political cooperation, animal skin, export policy, export restriction, petroleum product

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 534  final 

Brussels, 6  December  1991 

Proposal  for a 

mi INC l L REfflH-ATION (EEC) 

AMENDING REGULATION  (EEC) No 2803/69 

ESTABLISHING COMMON RULES FOR EXPORTS 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

In  line with  the provisions of Part  3 of  the EEC Treaty  regarding  a common 

commercial  policy, Council  Regulation  (EEC) No 2603/69 establishing  common 

rules for exports1  laid down  the principle of  the freedom of exports 

originating  In the Community  to third  countries, subject  to the exceptions 

provided  for  in that  Regulation. 

Council  Regulation  (EEC) No 1934/822 amending Regulation  (EEC) No 2603/69 

updated  the  list of exceptions by abolishing some of  the  restrictions 

imposed  by Member  States and  introducing  exceptions regarding  certain 

petroleum  products. 

However, since  the adoption of  the amending  Regulation, most  Member  States 

have removed  the remaining  restrictions.  In the  light of  the  forthcoming 

completion  of  the single market,  the maintenance of such  restrictions  is 

not only  a contradiction of all  that  the market  stands  for, but  is also 

impracticable  In a Community  without  controls on goods at  internal 

frontiers.  It seemed  necessary  to take account  of  this development. 

It  is therefore proposed  In this Regulation  that  the previous  regulations 

be brought  up  to date by the removal  of almost  all  the restrictions still 

in force and  the principle of  total  freedom  established  from 

31 December  1992.  Until  then a few restrictions of minor  economic 

importance  shall  be maintained. 

1 

2 

0J  No L 324, 27.12.1969, p.25. 

OJ  No L 211, 20.7.1982, p.1. 

3 

PROPOSAL  FOR A COUNCIL REGULATION 

AMENDING REGULATION  (EEC) No 2603/69 

ESTABLISHING COMMON  RULES FOR  EXPORTS 

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  instruments establishing common organization of 

agricultural  markets and to the  Instruments concerning  processed 

agricultural  products adopted  In pursuance of Article 235 of  the Treaty, in 

particular  the provisions of  those  instruments which  allow for  derogation 

from  the general  principle  that quantitative  restrictions or measures 

having equivalent  effect may be replaced solely by measures provided  for  in 

those same  instruments; 

Having  regard  to the proposal  from  the Commission, 

Whereas under  Regulation  (EEC) No 2603/69,1  as amended by Regulation  (EEC) 

No 1934/82,2 exports  from  the Community  to third countries are free, that 

is not subject  to any quantitative  restrictions, subject  to the exceptions 

provided  for  In that Regulation and  listed  in the Annex  thereto; 

Whereas since the adoption of  that Regulation, the Member  States have 

removed most of  the restrictions on exports of some products  listed  in that 

Annex ; 

Whereas  the Regulation  should be updated  accordingly; 

1 

2 

OJ No L 324, 27.12.1969, p.25. 

OJ No L 211, 20.7.1982, p.1. 

Whereas after  31 December  1992 the maintenance  by Member  States of 

quantitative  restrictions would  be  Incompatible with  the single market, 

which entails  the abolition of goods controls at  the Community's  internal 

front iers; 

Whereas Article  30, paragraph  5, of  the Single European Act  determines that 

the external  policies of  the European Community  and  the policies agreed  in 

European Political  Cooperation must  be consistent; whereas, therefore, 

Member  States may  be allowed  to maintain  some restrictions on exports until 

31 December  1992,  in particular  on  those exports  for which  restrictions 

have been agreed  In European Political  Cooperation. 

Whereas  It  is necessary  to authorize Member  States which  are bound by 

international  commitments  setting up a system  for  the allocation of oil 

products between contracting  parties  in cases of actual  or  potential  supply 

difficulties  to comply  with  the resulting obligations  vis-à-vis third 

countries, without  prejudice  to Community  provisions adopted  to the same 

end; whereas  this authorization should  apply until  the adoption  by the 

Council  of appropriate measures pursuant  to commitments  entered  Into by the 

Community  or all  the Member  States. 

HAS ADOPTED THIS  REGULATION: 

Article 1 

Regulation  (EEC) No 2603/69  Is hereby amended  as follows 

Article  10  is replaced  by  the following: 

" Article  to 

1. 

Until  31  December  1992  the  principle  of  the  freedom  of  export  as  laid 

down  In Article  1 shall  not  apply: 

-  to  those  products  listed  In the Annex  1 for  the Member  States 

mentioned  therein, 

-  nor  to  exports  which  are  presently  restricted  by  the Member  States 

pursuant  to  a  decision  taken  In European  Political  Cooperation. 

2. 

In respect  of  products  listed  in Annex  2, until  such  time  as  the 

Council  adopts  appropriate  measures  pursuant  to  international 

commitments  entered  Into by  the  Community  or  all  its Member  States, 

Member  states  are  authorised  to  implement,  without  prejudice  to  rules 

adopted  by  the  Community  In this  field,  the  emergency  sharing  system 

Introducing  an  allocation  obligation  vis-à-vis  third  countries 

provided  for  in  International  commitments  entered  into  before  the 

entry  into  force  of  this  Regulation. 

Member  States  shall  inform  the  Commission  of  measures  they  envisage  to 

adopt.  The  measures  adopted  shall  be  communicated  by  the  Commission 

to  the  Council  and  other  Member  States. 

Article  2 

The  Annex  is replaced  by  Annexes  1 and  2  to  this  Regulation.  " 

Article  3 

This  Regulation  shall  enter  into  force  on  the  third  day  following  that  of 

its publication  In  the Official  Journal  of  the  European  Communities. 

This  Regulation  shall  be  binding  in  Its entirety  and  directly  applicable  in 

a I I Member  States. 

Done  at  Brussels, 

For  the  Council 

ANNEX 1 

Description 

CCT 

heading  No 

Member 

State 

applying 

restrlet ion 

ex 

4101  10 

Whole tildes or  skins of  bovine  animals,  Italy 

of  a weight  per  skin  not  exceeding  8 kg 

when  simply  dried,  10 kg when  dry-

salted, or  14 kg when  fresh, wet-salted 

or otherwise  preserved:: 

ex 

4102 

Raw  skins of  sheep or  lambs  (fresh, or  Italy 

salted,  dried,  limed, pickled  or 

otherwise  preserved,  but  not  tanned, 

parchment-dressed  or  further  prepared), 

whether  or  not  with wool  on or  split, 

other  than  those excluded  by  note  K b) 

or  1(c) to this  chapter: 

ex 

4102  10 

With wool  on: 

ex 

4102  10 90 

Other 

ex 

4102 29 00 

Without  wool  on, other 

France 

France 

France 

* 

ex 

4103 10 

Other  raw hides and skins of goats or 

Italy 

kids  (fresh, or salted, dried,  limed, 

pickled or otherwise  preserved,  but not 

tanned, parchment-dressed  or  further 

prepared), whether  or not  dehaired or 

split, other  than  those excluded  by 

note K b)  or  1(c) to this chapter: 

ex 

4301  20 00 

Raw  furskins  (including  heads, tails, 

Italy 

paws and other  pieces or cuttings, 

suitable  for  furriers' use), other  than 

raw hides and skins of heading  No 4101, 

4102 or 4103 of  rabbit  or  hare, whole, 

with or without  head, tall  or paws 

% 

ANNEX  2 

2709 00 

Petroleum oiIs and oils obtained  from bituminous minerals, 

crude 

2710 00 

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: 

2710 00 11  to 2710 00 39 

Light oils 

2710 00 41  to 2710 00 59 

Medium oils 

2710 00 61  to 2710 00 99 

Heavy oils except 

ex  2710 00 91  to ex  2710 00 00 

lubricating oils used 

in clocks and watches and  the 

like presented  in small 

receptacles  containing not 

more  than 250 g net of oil. 

2711 

Petroleum  gases and other  gaseous hydrocarbons: 

Liquefied: 

2711 12 

Propane: 
Propane of a purity not  less than 99% 

Other 

2711  13 

BjJlanfiS.: 

In gaseous state: 

ex  2711  29 00 

Other: 

-  Propane 

-  Butanes 

KSN 0254-1475 

COM(91) 534 final 

DOCUMENTS 

EN 

02 

Catalogue number : CB-CO-91-587-EN-C 

ISBN 92-77-78827-5 

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