CELEX: 51976PC0126
Language: en
Date: 1976-04-05
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL establishing certain ceilings and Community supervision of imports of certain products originating in Algeria, Morocco and Tunisia (1976) (submitted to the Council by the Commission)

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DE LA COMMISSION
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DOCUMENTS "COM"
COM (76) 126
Vol. 1976/0040
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 ---pagebreak---                                  J '
    > 1          ' 1           ■     '     v
   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(76)126 final .
                                                       Brussels , 5 April 1976
 I                 ' •                             , r                      ■
                 r .          ■ . ■      :      ..                    \
                                       Proposal for a
                             REGULATION ( EEC ) OF THE COUNCIL
                       establishing certain ceilings and Community
                       supervision of imports of certain products
               originating in Algeria , Morocco and Tunisia ( 1976 )
                   ( submitted to the Council 'by the Commission )
C0M( 76 ) 126 final .
 ---pagebreak---                           EXPLANATORY MEMORANDUM
                    ta bo   .
1.    The Agreements^concluded by the European Economic Community with
      Algeria , Morocco and Tunisia provide from their entry into force , in
      particular in the case of industrial products , for the abolition of
      Common Customs Tariff duties ( 1 ). Notwithstanding this provision ,
      special arrangements are laid down for a certain number of sensitive
      products : an annual ceiling may be imposed on the volume of such
      products which may be imported duty free . When this ceiling is reached
      the Community may reintroduce until the end of the calendar- year the
      customs duties applicable to third countries .
      The initial volumes of the annual ceilings operative for 1976 are
      fixed by the Agreements themselves . The ceilings are to be fixed
      annually and their levels increased by 3% for cork products ( tariff
      headings 45.02 , 45.03 and 45.04 ) and by 5% for petroleum products ( ex
      Chapter 27 ). They will be abolished not later than 31 December 1979 .
2.    The operation of the ceiling arrangements and the power to reintroduce
      customs duties will necessarily require the adoption of detailed
      common rules to be applied uniformly by all Member States . This can
      take the form of a Community system of supervision of actual imports
      from the partner State . To this end , the Member States should take
      appropriate measures to permit the rapid collection of statistical
      returns for the whole Community . In this connection only imports of
      the products in question should be taken into account , as and when
      they are submitted to the customs authorities under cover of a
      declaration of entry for home use and accompanied by a movement
      certificate conforming to the rules contained in the Agreements
      referred to under 1 .
                                                                    •••/I • •
( 1 ) These agreements are not yet in force . Pending their entry into force
      Interim Agreements on trade of goods between the EEC and these
      countries provide for the anticipatory application (from 1 July 1976iof
      the tariff concessions provided forf                     *)»
 ---pagebreak---                  ;
                                    2
These returns are to be made up by each Member State at the end of
every month and forwarded before the fifteenth day of the following
month to the Commission so as to enable the latter to communicate
by telex to all the Member States an overall , product-by-product
 statement for the preceding month of the imports in question . The
system of supervision will require of the responsible departments of
 the Member States and the Commission diligence and close cooperation .
 In view of the fact that the products concerned are sensitive products
and that duty free imports in excess of the ceilings could cause
disturbance of the Community market , it is absolutely essential that
all Member States respect rigorously the fifteenth-day time limit
referred to above .
The following procedure is to be adopted for setting in train machinery
to reintroduce duties : if one of the overall monthly statements drawn
up by the Commission reveals that 75% of the ceiling fixed for a given
product has been reached , the Member States would be informed and consul­
tations could be held , in particular in the Working Party on Economic
Tariff Problems , either at the request of a Member State or the Commission 's
initiative . The aim of these consultations would be to examine , case by
case , whether or not the customs duties applicable to non-member countries
should be reintroduced once the target ceiling is actually reached .
Monthly returns would still be made in respect of imports of the product
in question or , if the Commission so requested , it would be notified by
telex of such imports every ten days . In the latter case , the time limit
for forwarding the information would be five days .
In this way , the Commission would be able to take , within the shortest
possible time , measures leading to the reintroduction by Regulation , of
customs duties in respect of the partner State which would apply until
the end of the calendar year . In the above hypothesis , the reintroduc­
tion of the customs duties on the product under consideration would ,
naturally , be effected within a time limit fixed by the Regulation putting
an end to the exemption of duties provided for in the Agreements in
question .
 ---pagebreak---  3.  As far as application of the rule on ceilings and reintroduction of
      duties is concerned , the attached proposal makes provision for the
     Council to confer powers upon the Commission .
     The proposed Regulation does no more than outline how these powers
     are to be exercised so that , in consultation with the Member States ,
      the machinery to be set in train may be adapted flexibly and rapidly .
      It is with the same view to maximum efficiency and rapidity that the
     proposed Regulation provides that the Commission would be responsible
     reintroducing , in respect of the partner State , the duties applicable
     non-member countries .
ANNEX :
Proposal for a Council Regulation .
 ---pagebreak---                                 - Proposal for a
                          REGULATION ( EEC ) OF THE COUNCIL
            establishing ceilings and Community supervision of imports of
         certain products originating in Algeria , Morocco and Tunisia ( 1976 )
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 the Agreements between the European Economic Community on the one
hand and the Democratic and Popular Republic of Algeria , the Kingdom of
Morocco and the Republic of Tunisia respectively on the other hand each
stipulate in Article 9 that . the products originating in these countries shall
be imported into the Community free of customs duties ; whereas , by way of
derogation therefrom , Article 12 of each of these Agreements provides that , in
the case of imports of products therein listed , the benefit of the reduction of
duties shall be limited to ceilings , above which the customs duties applicable
to third countries may be reintroduced ;
Whereas , pending the entry into force of these Agreements , Interim Agreements on
trade in goods between the European Economic Community and Algeria , Morocco
and Tunisia ( 1 ) provide for the anticipatory application of these tariff measures
probably with effect from 1 July 197^5 whereas the pro rata temporis clause shall
apply ; whereas the ceilings to be applied in the second half of
1976 should therefore be determined ; whereas the application of ceilings
requires the Community to , be regularly informed of the trend of imports
of the relevant products      originating in these countries ; whereas . imports
should therefore be made subject to a system of supervision ;
Whereas this objective may be achieved by means of an administrative
procedure based on setting off imports of the products in question against
the ceilings at Community level , as and when these products are submitted
to the customs authorities under cover of declarations that they have been
made available for home use ; whereas this administrative procedure must
make provision for the reintroduction of customs tariff duties as soon as
the ceilings have been reached at Community level ;
( 1 ) OJ No L         of               * p»  •••
 ---pagebreak---                                           2
Whereas this administrative procedure requires close and particularly rapid
cooperation between the Member States and the Commission } Whereas the
latter must , in particular , be able to follow the progress of amounts set
off against the ceilings and keep the Member States informed thereof ; whereas
this cooperation must "be all the closer to enable the Commission to
take adequate measures to reintroduce customs tariff duties whenever one of
the ceilings is reached ,
                                                                           t
HAS ADOPTED THIS REGULATION :
                                      Article 1
1.   From J. July to 31 December 1976 imports of products originating in
     Algeria , Morocco and Tunisia , listed respectively in Annexes I , II and
     III , shall be subject to annual ceilings and Community supervision .
     The description of the products referred to in the first paragraph ,
     their tariff headings and statistical numbers and the levels of the
     ceilings are set out in Annexes I , II and III .
2.   Amounts shall be set off against the ceilings as and when products are
     submitted to the customs authorities under cover of a declaration that
     they have been made available for home use and accompanied by a
     movement certificate conforming to the rules contained in Protocol 2
     to each of the Agreements between the Community one the one hand and
     Algeria , Morocco and Tunisia on the other hand . However , in the case
     of products falling within Chapter 27 , a certificate of origin may be
     substituted for the movement certificate .
     Goods shall be set off against the ceiling only if the movement
     certificate or , in the case of goods falling within Chapter 27 , the
     certificate of origin has been submitted before the date on which
     cijstoms duties are reintroduced .
     The reaching of a ceiling shall be determined at Community level on
     the basis of imports set off against it as defined in the
     preceding subparagraphs .
 ---pagebreak---                                               r
                                          3
         Member States shall inform the Commission at the intervals and
     within the time limits specified in paragraph A of any imports
     effected in accordance with the above rules .
3.   As soon as the ceilings have been reached , the Commission may issue a
     Regulation reintroducing the customs duties applicable to third
     countries until the end of the calendar year .
A.   Member States shall forward to the Commission not later than the 15th
     day of each month statements of the amounts set off during the
     preceding month . They shall , if the Commission so requests , make up
     such statements for periods of 10 days and forward them within five
     clear days from the expiry of the preceding 10-day period .
                                      Article 2
For the implementation of this Regulation the Commission shall take all
necessary measures in close cooperation with the Member States .
                                      Article 3
This Regulation shall enter into force on 1 July 1976 .
     This Regulation shall be binding in its entirety and directly
     applicable in all Member States .
Done at Brussels ,                                       ^or t'ie Council
                                                          The President
 ---pagebreak---                                                                    ANNEX I
List of products originating in Algeria, subject to import ceilings in 1976
                               CCT                                                                               Nimexe
        Order No                                                        Description                               Code
                          heading No
            i                   2                                             i                            |I        4
                            .
                                                                                                            I
                              27.10         Petroleum oils and oils obtained from bituminous
                                            minerals, other than crude ; preparations not elsewhere         !                !
                                            specified or included, containing not less than 70%                              I
                                            by weight of petroleum oils or of oils obtained from
                                            bituminous minerals, these oils being the basic constitu­
                                            ents of the preparations :
                                            A. Light oils :
                                                 III . For other purposes                                      27.10–15 ,
                                                                                                              17,21,25,29
                                            B. Medium oils :
                                                 III . For other purposes                                      27.10–34,
                                                                                                                 38 , 39
                                            C. Heavy oils :
                                                   I. Gas oil :
                                                       c) For other purposes                                   27.10–59
                                                  II. Fuel oil :
                                                       c) For other purposes                                   27.10–69
                                                 III . Lubricating oils ; other oils :
                                                       c) To be mixed in accordance with the terms
                                                          of Additional Note 7 to this Chapter (a)             27.10–75
                                                       d) For other purposes                                   27.10–79
    DZ 1
                              27.11         Petroleum gases and other gaseous hydrocarbons :                                   550.000
                                            A. Propane of a purity not less than 99 % :
                                                   I. For use as power or heating fuel                         27.11–0 3
                                                                                                                            I
                                            B. Other :
                                                   I. Commercial propane and commercial butane :
                                                       c) For other purposes                                   27.11–19
                              27.12         Petroleum jelly :
                                         i  A. Crude :
                                        j        III . For other purposes                                      27.12–19
                                         i
                                            B. Other                                                           27.12–90
                              27.13         Paraffin wax, micro-crystalline wax, slack wax,
                                            ozokerite, lignite wax, peat wax and other mineral
                                            waxes, whether or not coloured :
                                            B. Other :
                                                   I. Crude :
                                                       c) For other purposes                                   27.13–89
                                                  II . Other     .                                             27.13–90     I
                                                                    )
                                                                                                                          I
   (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---                                                                - 2 -
                      CCT                                                                 Nimexe
      Order No
                   heading No
                                                       Description .                        Code
   -ρ        Ι
          1      1      »                                    3                         |     4      I
                                                                                                          1
    I,DZ.l           27.14       Petroleum bitumen, petroleum coke and other residues
      (çont a)                   of petroleum oils or of oils obtained from bituminous
                                 minerals :
                                 C. Other :
                                     II. Other                                           27.14–99
I DZ 2         45.02          Natural cork 111 blocks , plates , sheets or                     45.02        25
                              trips ( including cubes or square slabs ,                        ail Nos
                              cut to size for corks or stoppers )
I DZ 3         45.03          Articles of natural cork                                         45.03        75
                                                                                               ail Nos
I DZ 4         45.04          Agglomerated cork (being cork agglomera­                         45.04   1.000
                              ted with or without a binding substance )                        ail Nos
                              and articles of agglomerated cork
 ---pagebreak---                                                             ANNEX II
List of products , originating in Morocco , subject to import ceilings in 1976
                                                                                                                        Level
                            CCT                                                                             Nimexe
      Order No                                                         Description                                    of ceiling
                        heading No                                                                           Code
                                                                                                                     (metric tons)
                           27.10           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 constitu­
                                           ents of the preparations :
                                           A. Light oils :
                                                III. For other purposes                                   27.10–15,
                                                                                                         17,21,25,29
                                           B. Médium oils :
                                                III. For other purposes                                   27.10–34,
                                                                                                            38, 39
                                          C. Heavy oils :
                                                   I. Cas oil :
                                                      c) For other purposes                               27.10–59
                                                 II. Fueioii :
                                                      c) For other purposes                               27.10–69
                                                III . Lubricating oils ; other oils :
                                                      c) To be mixed in accordance with the terms
                                                         of Additional Note 7 to this Chapter (a)         27.10–75
                                                      d) For other purposes                               27.10–79
                          27.11           Petroleufti gases and other gaseous hydrocarbons :
I MA 1                                                                                                                87.500
                                          A. Propane of a purity not less than 99 % :
                                                  I. For use as power or heating fuel                     27,11–03
                                          B. Other :
                                                  I. Commercial propane and commercial butane :
                                                      c) For other purposes                               27.11–19
                          27.12           Petroleum jelly :
                                          A. Crude :
                                                III . For other purposes                                  27.12–19
                                          B. Other                                                        27.12–90
                          27.13           Paraffin wax, micro-crystalline wax, slack wax,
                                          ozokerite, lignite wax, peat wax and other mineral
                                          waxes, whether or not coloured :
                                          B. Other :
                                                  I. Crude :
                                              !       c) For other purposes                               27.13–89
                                                 II . Other                                               27.13–90
 (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---                                                                    - 2 -
                      CCT                                                                                Level
                                                                                         Nimexe
      Order No                                       ' Description                                     of ceiling
                   heading No                                                             Code
                                                                                                     ( metric tons)
          i             2                                    3                              4               5
    I MA 1           27.14       Petroleum bitumen, petroleum coke and other residues
      (cont'd)                   of petroleum oils or of oils obtained from bituminous
                                 minerals :
                                 C. Other :
                                     II. Other                                         27.14–99
I MA 2         45.02          Natural cork in blocks , plates , sheets or                     45.02              25
                              trips ( including cubes or square slabs ,                        ail Nos
                              cut to size for corks or stoppers )
I MA 3         45.03          Articles of natural cork                                         45.03
                                                                                                               300
                                                                                               ail Nos
I MA 4      . 45.04           Agglomerated cork ( being cork agglomera­                        45.04         . 000
                              ted with or without a binding substance)                         ail Nos
                              and articles of agglomerated cork
 ---pagebreak---                                                           ANNEX III
List of products , originating in Tunisia , subject to import ceilings in 1976
                              CCT                                                                              Nimexe
         Order No
                           heading No
                                                                          Description                           Code
              1                 2                                               3                                  4
                             27.10            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 constitu­
                                             ents of the preparations :
                                             A. Light oils :
                                                  III. For other purposes                                    27.10–15,
                                                                                                            17,21,25, 29
                                             B. Medium oils :
                                                  III. For other purposes                                    27.10–34,     I
                                                                                                               38 , 39
                                             C. Heavy oils :
                                                    I. Gas oil :
                                                        c) For other purposes                                27.10–59
                                                   II. Fuel oil :
                                                        c) For other purposes                                27.10–69
                                                  III . Lubricating oils ; other oils :
                                                        c) To be mixed in accordance with the terms
                                                            of Additional Note 7 to this Chapter (a)         27.10–75
                                                        d) For other purposes                                27.10–79
                             27.11           Petroleum gases and other gaseous hydrocarbons :
    TN      1                                                                                                                87.500
                                             A. Propane of a purity not less than 99 % :
                                                    I. For use as power or heating fuel                      27.11–0 3
                                             B. Other :
                      i                             I. Commercial propane and commercial butane :
                                                        c) For other purposes                                27.11–19
                      i
                             27.12           Petroleum jelly :
                                             A. Crude :
                                                  III . For other purposes                                   27.12–19
                                             B. Other                                                        27.12–90
                                          I
                             27.13           Paraffin wax, micro-crystalline wax, slack wax,
                        i                    ozokerite, lignite wax, peat wax and other mineral
                                             waxes, whether or not coloured :
                                             B. Other :
                                                    I. Crude :
                                                        c) For other purposes                                27.13–89    .
                                                   II. Other                                                 27.13–90
   <ft) Entry under thii subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---                                                                  - 2 -
                                               »
                                                                                                       Level
                    CCT                                                                Nimexe
    Order No
                 heading No
                                                     Description                        Code         of ceiling
                                                                                                   (metric tons)
        i             2                                    3                             4               5
  I TN 1           27.14       Petroleum bitumen, petroleum coke and other residues
    (cont'd)                   of petroleum oils or of oils obtained from bituminous
                               minerals:       ^
                               C. Other :
                                   II. Other                                         27.14–99
I TN 2       45.02          Natural cork in blocks , plates , sheets or                      45.02              25
                            trips ( including cubes or square slabs ,                        all Nos
                            cut to size for corks or stoppers )
I TN 3       45.03          Articles of natural cork                                         45.03              25
                                                                                             ail Nos
I TN 4       45.04          Agglomerated cork ( being cork agglomera­                        45.04           400
                            ted with or without a binding substance )                        ail Nos
                            and articles of agglomerated cork