CELEX: 51981PC0631
Language: en
Date: 1981-11-05
Title: 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 supervision of imports thereof (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 631
Vol. 1981/0190
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)631 final
                                                Brussels , 5 November 1981
                                        /
                                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 supervision of
                            imports thereof ( 1982 )
                ( submitted to the Council by the Commission )
             i
               V
 C0M(81 ) 631    final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
As a consequence of the Accession of the next Member States and th
ensuing negotiations with Turkey for the purpose of adjusting her
Association Agreement with the Community and its Additional
               •                                                  I
Protocol , the Community signed at Ankara , on 30 June 1973 , a
Supplementary Protocol which will enter into force on ratification
Pending entry into force of the Protocol the Community concluded '
an Interim Agreement , intended to be valid only until the Protocol
does enter into force , in order to secure the application from       ,
1 January 1974 of certain provisions of the Protocol relating to
trade in goods .
                                                                »   t
The Supplementary Protocol and the Interim Agreement provide
inter alia for the opening of an annual Community tariff quota
of 340 000 tonnes for certain petroleum products falling under
Chapter 27 of the Common Customs Tariff .
It is not possible to say at the moment whether the tariff
measures laid down by these Agreements in Turkey 's favour should
be granted for 1982 on the basis of the Supplementary Protocol
or of the Interim Agreement . The proposed Regulation annexed
hereto is based on the Interim Agreement and would therefore
 have to be amended if the Supplementary Protocol entered into
force during the course of the adoption procedure .
                          1
The Commission is aware that this concession might be modified
 in the context of a future negotiation with Turkey . In the
 absence of a decision on this this proposal is an instrument
 which will allow respect' of the engagements contracted by the
 Community .     _          ,                          \ v ' ..
 Therefore the Commission reserves the possibility of modifying
this proposal during the procedure to adapt it> 1i necessary ,
to the final result of the negotiations *
 ---pagebreak---  As a result of thr dcislon by the Council of Association In
 June 1W3 that Turkey should be treated not less favourably
 than the countries benefiting from generalised tariff preferences ,
 thp Commission and the Turkish authorities have studied the problem
of giving equivalent tariff treatment to both the developing
 countries and Turkey .
 The Community tariff quotas opened in favour of the developing
 Countries during the years 1971 to 1973 were converted with
 effect frorft 1 January 1974 into Community ceilings / Volumes
being calculated by the usual fnethod . For * 975 these volumes
 were fixed at the 1974 levels plus 12 % , for 1976 they were
 fixed at the 1975 level plus 15 X , for 1977 at the 1976 level
plus ( for the most pose ) 4.6 % * for 1978, 1979 and 1980 at the
 1977 leveis >      for 1981 at the 1980 level plus 2      and- for 1982
at the 1981 level plus lC^t.
 When the problem had been studied, the Commission ultimately
  recognized that already for 1976 > in view of the provisions ,
 of paragraph 4 of the Sole Article of Annex I tb the Additional
 Protocol , the tariff quota of 340 000 tonnes laid down in
 Turkey 's favour should be converted into a Community celling
 with the volume increased provisionally in the proportion *
 used for *
 The only purpose of the proposed Regulation is tx» open irt
 case of these products for 1982 a Community ceiling fixed at
5I3.876 tonnes and te set up Community supervision of Impof*
 tations of these products .
  Adoption of precise common rules uniformy applied by the Wefcbef '
  States will necessary if the ceilings system incorporating err*
 tit tement to reintroduce the customs duties is to work success**
  fully . These requirements can be met by setting pp t Community
  System for supervising imports actually made from the partner
  country . Member States will accordingly require to take st#*>#
  to ensure that statistical data for the whole of the CommurHty
  can be collected rapidly . For this purpose importations wilt
 be counted only as the goods are actually , entered with the
 customs authorities for free circulation .
 ---pagebreak---     Statistics wiLl be compiled by each Member State at the end of each
    month and will be forwarded to reach the Commission , by the fifteenth .
    day of the following month in order to enable it to communicate to
 , Member States by telex an inclusive return of the imports system will
    call for the exercice of careful attention by the relevant departments
    in the Member States and for close cooperation between these
    departments and the Commission .
    The following system will be adopted for setting off the mechanism
    for reintroducing duties : when one of the inclusive monthly returns
                                                               «
    drawn up by the Commission shows that 75 X of the ceiling figure has
    been reached , the Commission will inform the Member States and consul­
    tations may then be held - particularly in the Group on Economic
    Tariff Problems - either at the request of a Member State or on the
    initiative of the Commission . The purpose of the consultations will
    be to consider whether or not to recommence collecting customs duties
    at the third-country rate when the ceiling has actually been reached .
    A monthly return will continue to 6e made for the product in question.
    If the Commission so requests / returns will be made every ten days
    by telex , within a time limit or 5 days .
    The Commission will thus be in a position to take quick action to .
     restore by regulation customs duties on imports from the partner
     country until the end of the calendar year ." Naturally, in such a
     case reintroduction of the duties would be effective from a date
     fixed by the regulation ending the duty reduction laid down .
4 . The proposed Regulation provides that the Council should delegate
     authority to the Commission as regards application of the rules
     on eeilings and introduction of duties .                •
 ---pagebreak--- the proposed Regut.it ion only sketched a general framework for the
fexercice of these powers in order that the mechanism to be used
can be flexibly arid rapidly adjusted , in consultation with the
Member States . It is precisely with this aim of optimum efficiency
                <          ,                            • ^
and rapidity that the proposed Regulation gives the Commission th#
task of reintroducing third country fate duties on imports Of the
goods in question from the partner country *
ANNEX i   Proposal for • Council Regulation.
            '                             i
 ---pagebreak---                             V
                                                                                 /
                                               PROPOSAL FOR A
                                           COUNCIL REGULAT10N (EEC)
                  opening and providing for the administration of a Community preferential ceiling for cer­
                  tain petroleum products refined in Turkey and establishing Community supervision of
                                                     imports thereof • ( 1^82 )
   THE COUNCIL OFTHE EUROPEAN COMMUNITIES,                          Whereas this objective may be attained by means of
                                                                    an administrative procedure based on setting off im­
   Having regard to the Treaty establishing the Euro­               ports of the products in question against the ceiling,
   pean Economic Community, and in particular Arti­                 at Community level, as and when these products are
   cle 1 13 thereof.                                                submitted to the customs authorities under cover of
                                                                    declarations that they have been made available for
   Having regard to the proposal from the Commis­                   free circulation ; whereas this administrative proce­
   sion,                                                            dure must make provision for the reintroduction of
                                                                    the Common Customs Tariff duty as soon as the
   Whereas, pending the'entry in>o force of the Supple­             said ceiling has been reached at Community level ;
   mentary Protocol signed in Ankara on 30 June 1973
   containing the adjustments to be made to the Agree­
                                                                    Whereas this administrative procedure requires
   ment establishing an association between the Euro­
                                                                    close and very rapid cooperation between the Mem­
   pean Economic Community and Turkey and to the
                                                                    ber States and the Commission, which must be able
   Additional Protocol ( ' ) consequent on the accession
   of new Member States , the Community has under­
                                                                    to monitor the amounts set off against the ceiling
                                                                    and keep the Member States informed thereof;
   taken , in an Interim Agreement (: ) which runs only
                                                                    whereas this cooperation must be all the closer to
   for a limited period prior to the entry into force of
                                                                    enable the Commission to take adequate measures
 . this Supplementary Protocol , which is applicable
   until 31 December 1974 but which has been ex­
                                                                    to reintroduce the Common Customs Tariff duty
   tended for 1982 in accordance with the terms laid                whenever the ceiling is reached,
   down in Article 13 thereof, to implement certain
   provisions of the Supplementary Protocol relating to             HAS ADOPTED THIS REGULATION :                     ~
   trade in goods : whereas under Article 6 of the In­
   terim Agreement amending^ the Jlrst paragraph Of
_ the_Sole-Afl!cle of Annex I to the Additional Proto­
   col , the Community must totally suspend the
   customs duties applicable to certain petroleum                                           Article /
   product* falling within Chapter 27 of the Common
   Customs Tariff, refined in Turkey , within the limit
   of an annujl Community tariff quota of 340 000                   1 . From 1 January to 31 December 1982^6 Com­
   tonnes ; whereas, for the products concerned a prov­             mon Customs Tariff duties shall, subject to Arti­
   isional adjustment should be made to these tariff                cle 2, be totally suspended for certain petroleum
   preferences, consisting essentially of substituting for          products, referred to hereinafter and refined in Tur­
   the Community tariff quota a Community ceiling                   key, within the limits of a Community ceiling of
  > hich     amounts, after successive         increases, to       -513.876
513 « 876tonnes, above which the customs duties ap­
   plicable to third countries may be reintroduced ;        ,       Within the limits of this ceiling, Greece shall apply
                                                                    duties calculated in accordance with the provisions
   Whereas the application of the ceiling requires that             of Article 1 17 of the 1979 Act of Accession.
   the Community should be regularly informed of the
   trend of imports of these products refined in Tur­
   key ; whereas imports of these products should                   2. The petroleum products to which paragraph I
   therefore be subject to a system of supervision ;                applies are the following :
   ( ' ) OJ No L 293 , 29. 12. 1972, p. 4.
   (!) OJ No L 277, J. 10. 1973, p. 2.
 ---pagebreak---       CCT
     heading                                                      Description
       No
27.10                 Petroleum oils and oiis obtained from bituminous minerals other than crude ; prep­
                      arations not elsewhere specified o; included, containing not less than 70 % by
                      weight of petroleum oil or of oils obtained from bituminous minerals, these oils
                      being the basic constituents of the preparations :
                      A. Light oils :
                           III . For other purposes
                      B. Médium otls :
                           III . For other purposes
                      C. Heavy oils :
                             I. Gas oils :
                                  c) For other purposes
                            II . rue   oiis :
                                  c) For other purposes
                           111 . Lubricating oils, oiher oils :
                                  c) To be mixed in accordance with the terms of Additional Note 7 to
                                     this chapl er ( aj
                                  d) For other purpe ses
27.11                 Petroleum gases and other gaseous hydrocarbons :
                      B. Other :
                           I. Commercial propane and commercial butane :
                                c) For other purposes
27.12                 Fetrcleuiii jelly :
                      A. Crude :                                                                ^
                           ill . For otn^r purpose;
                      B. Other
27.13                 Paraffin wax , micro-crystal , ine wax, slack wax, ozokerite, lignite wax , peat wax and
                      other mineral waxes, whether or not coloured :
                      B. Other :
                            I. Crude :
                                 c) For other purposes
                           II . Other
27.14                 Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils
                     obtained from bituminous minerals :
                     C. Other
  Entry under this subhei'lmq is subject to conditions ( ix determined by the competent authorities.
 ---pagebreak--- 3.   Imports of the petroleum products referred to m          may issue a Regulation re-introducing the Common
paragraph 1 shall be subject to Community supervi­            Customs Tariff duties applicable to third countries
sion .                                                        until the end of the calendar year.
4 . Imports of the products shall be set off against
the ceiling as arid when they are submitted to the                                    A rticle 3
customs authorities under cover of a declaration
that they have been made available for free circula­          Member States shall forward to the Commission not
tion .                                                        later than the 15th day of each month a statement of
                                                              the imports effected during the preceding month . If
5 . The extent to which the ceiling has been used             the Commission so requests, they shall forward this
shall be determined at Community level on the basis           statement, in respect of 10 day periods, within five
of the imports set off against it in the manner de­           clear days of the expiry of each such 10 day period .
fined in paragraph 4 .
6.    Member States shall inform the Commission at                                    Article 4
the intervals and within the time limits specified in
 Article 3 of any imports effected in accordance with         The Commission shall take all necessary measures
the above rules.
                                                              for the implementation of this Regulation in close
                                                              cooperation with the Member States.
                        Article 2                                                     Article 5
 As soon as the ceiling referred to in Article 1(1 ) has       This Regulation shall enter into force on 1 January
 been reached at Community level , the Commission             1982 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels .
                                                                                    For the Council
                                                                                     The President