CELEX: 51990PC0411
Language: en
Date: 1990-09-11
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 SURVEILLANCE FOR IMPORTS THEREOF ( 1991 )

COMMISSION OF THE EUROPEAN                                COMMUNITIES
                                                                  COM(90) 411 final
                                                                  Brussels, 1 1 September 1990
                                                    Proposal for a
                                               COUNCIL REGULATION! (EEC)
  ÈS»i»£»iBlË1rë
                         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 ^
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                                            (presented by the Commission)
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 ---pagebreak---                            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.
 ---pagebreak---                                                  -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
                                        the provisions of Regulations CEEC) 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 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.
 ---pagebreak---                                     -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.
 ---pagebreak---                                       -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.
 ---pagebreak---                                                       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,                                   Whereas this objective may be achieved by means of an
                                                                           administrative procedure based on offsetting imports of the
 Having regard to the Treaty establishing the European                     products in question against the ceiling at Community level
Economic Community, and in particular Article 113                          as and when these products are entered with the customs
thereof,                                                                   authorities for free circulation; whereas this administrative
                                                                           procedure must make provision for the possible
Having regard to the proposal from the Commission,                         re-establishment of customs tariff duties as soon as the ceiling
                                                                           is reached at Community level;
Whereas Article 7 of the Supplementary Protocol to the
Association Agreement between the European Economic                        Whereas this administrative procedure requires close and
Community and Turkey consequent on the accession of new                    particularly swift cooperation between the Member States
Member States to the Community ('), which was signed in                    and the Commission; whereas the latter must, in particular,
Ankara on 30 June 1973 and entered into force on 1 March                   be able to follow the progress of quantities charged against
 1986 ( 2 ), provides for the total suspension of customs duties           the ceiling and keep the Member States informed; whereas
applicable to certain petroleum products refined in Turkey                 this cooperation has to be particularly close since the
failing within Chapter 27 of the Common Customs Tariff                     Commission must be able to take the appropriate measures
within the limits of an annual Community tariff quota of                   to re-establish customs tariff duties if the ceiling is
340 000 tonnes; whereas, for the products concerned, a                     reached,
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                    HAS ADOPTED THIS REGULATION:
rr-'Sta Wished;
Whereas the Council adopted Regulation (EEC) No
                                                                                                        Article 1
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                        1.     From 1 January to 31 December 1991 the duties
 11 August 1987 laying down the arrangements for trade                     applicable to imports into the Community of the petroleum
between Spain and Portugal, on the one hand, and Algeria,                  products refined in Turkey and indicated in paragraph 2 shall
Eçypt, Jordan, Lebanon, Tunisia and Turkey, on the                         be suspended in full within the limits of a Community ceiling
other (*); whereas the tariff quota in question applies                    of 705 000 tonnes.
therefore to the current Community;
                                                                           Within the limits of this ceiling, the Kingdom of Spain and the
Whereas the application of ceilings requires the Community                 Portuguese Republic shall apply the duties calculated in
to be regularly informed of the trend of imports of the                    accordance with Regulation (EEC) N o 2573/87.
relevant products originating in Turkey; whereas imports
should, therefore, be made subject to a system of                          2.     The petroleum products to which paragraph 1 applies
surveillance;                                                              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.
 ---pagebreak---                                                            -2~
     Or*r              CNcode
      No                                                                   Description
13.9010                                — — — Special spirits:
(cont'd)          27100G21             — — — — White spirit
                  2710 00 25                          Other
                                                  Other:
                                       ——             Motor spirit:
                  2710 00 31           — — — — — Aviation spirit:
                                       ———               Other, with a lead content:
                  2710 00 33                                 Not exceeding 0,013 g/t
                  2710 00 35                                 Exceeding 0,013 g/1
                  2710 00 37           _ _ _ — Spirit type jet fuel
                  2710 00 39           —          — Other light oils
                                       — Medium oils:
                                       — — For other purposes:
                                       —          Kerosene:
                  2710 00 51                          Jet fuel
                  271000 55                           Other
                  2710 00 59                      Other
                                       — Heavy oils:
                                       — — Cas oils:
                  2710 00 69           — — — For other purposes
                                       — — Fuel oils:
                  2710 00 79           — — — For other purposes
                                       — — Lubricating oils; other oils:
                  2710 00 95           — — — To be mixed in accordance with the terms of additional note 6 (CN)
                                                  to this chapter (')
                  2710 00 99           — — — For other purposes
                  2711                 Petroleum gases and other gaseous hydrocarbons:
                  2711 12              — — Propane:
                                                  Other:
                  2711 12 99           — — — — For other purposes
                  2711 13              — — Butanes:
                  2711 13 90           — — — For other purposes
                  2712                 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:
                  2712 10              — Petroleum jelly:
                  2712 10 10                  Crude
                  2712 10 90                  Other
                  2712 20 00           — Paraffin wax containing by weight less than 0,75 % of oil
                  2712 90              — Other:
                                              Other:
                                       — — — Crude:
                  2712 90 39           _ _ _ — For other purposes
                  2712 90 90                      Other
                                       Petroleum coke, petroleum bitumen and other residues of petroleum oils or of
                  2713
                                       oils obtained from bituminous minerals:
                                       — Other residues of petroleum oils or of oils obtained from bituminous
                  2713 90
                                           minerals:
                                              Other
                  2713 90 90
(') Entry under thu code i< subject to conditioni laid down in the relevant Community provisions.
                                                                                                                    %
 ---pagebreak---                                                                 -3-
3.    Imports of the petroleum products referred to in                                        Article 3
paragraph 1 shall be subject to Community surveillance.
4.    Quantities shall be charged against the ceiling as and        Member States shall send the Commission statements of
when products are entered with the customs authorities for          the quantities charged for the preceding month no later than
free circulation.                                                   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
5.    The extent to which the ceiling is used up shall
                                                                    the end of each 10-day period.
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                                       Article 4
intervals and within the time limits specified in Article 3, of
imports effected in accordance with the rules referred to in
                                                                    The Commission shall take all appropriate measures, in dose
this Article.
                                                                    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                                     Articles
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.                   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
 ---pagebreak---    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 t s d i v e r s ( d r o i t 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
 ---pagebreak---             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
 ---pagebreak---                                                                           ISSN 0254-1475
                                                             COM(90) 411 final
                                                      DOCUMENTS
                                                                                   n 02
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