CELEX: 51979PC0530
Language: en
Date: 1979-10-11
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 SUPERVISION OF IMPORTS THEREOF (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 530
Vol. 1979/0181
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM ( 79 ) 530 final
                                             Brussels . 11th October 1979
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                      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
                  ( presented by the Commission to the Council )
COM ( 79 ) 530 final
 ---pagebreak---                EXPLANATORY MEMORANDUM
As a consequence of the Accession of the nex Member States and
the ensuing negotiations with Turkey for the   purpose of adjusting
her Association Agreement with the Community   and its Additional
Protocol , the Community signed at Ankara , on 30 June 1973 , a
Supplementary Protocol which will enter into   force on ratifica­
tion .
                                    (
                    /    *        '
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 .
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 1980 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 before 1 January 1980 .
As a result of the decision by the Council of Association in
June 1973 that Turkey should be treated not less favourably
 than the countries benefiting from generalised tariff preferences ,
 the Commission and the Turkish authorities have studied the
problem of giving equivalent tariff treatment to both the
devleoping countries and Turkey .
 ---pagebreak--- The Community tariff quotas opened in favour of the developing
countries during the years 1971 to 1973 were converted with
effect from 1 January 1974 into Community ceilings , volumes
being calculated by the usual method . For 1975 these
volumes were fixed at the 1974 levels plus 12% , for 1976
they were fixed at the 1975 level plus 15% , for 1977 at
the 1976 level plus ( for the most pose) 4.6% and for 1978 , '
1979 and 1980 at the 1977 levels .
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 to the Additional
Protocol , the tariff quota of 340 000 tonnes laid down in
Turkey 's favour should be converted into a Community ceiling
with the volume increased provisionally in the proportions
used for .
The only purpose of the proposed Regulation is to open in the
case of these products for 1980 a Community ceiling fixed .at -
458 000 tonnes and to set up Community supervision of importations
of these products .
Adoption of precise common rules uniformy applied by the Member
States will necessary if the ceilings system incorporating en­
titlement to reintroduce the customs duties is to work success­
fully .  These requirements can be met by setting up a Community
system for supervising imports actually made from the partner
country . Member States will accordingly require to take steps
to ensure that statistical data for the whole of the Community
can be collected rapidly . For this purpose importations will
be counted only as the goods are actually entered with the
customs authorities for home use .
 ---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 .         1   .
The following system will be adopted for setting off the
mechanism for reintroducing duties' : when one of the inclu­
sive monthly returns drawn up by the Commission shows that
75% of the ceiling figure has been reached , the Commission
will inform the Member States and consultations 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 be made for the product in
                                       \
question . If the Commission so requests , returns will be made
every ten days by telex , within a time limit of 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 .
 The proposed Regulation provides that the Council should delegate
 authority to the Commission as regards application of the rules
 on ceilings and introduction of duties «
 ---pagebreak---                          - 4 -
The proposed Regulation only sketches a general framework for .
the exercice of these powers in order that the mechanism to
be used can be flexibly and 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 the task of reintroducing third country rate duties
on imports of the goods in question from the partner country .
ANNEX :   Proposal for a Council Regulation .
 ---pagebreak---                                               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
THE COUNCIL OF THE EUROPEAN                               Whereas the application of the ceiling requires that
COMMUNITIES.                                              the Community should be regularly informed of the
 Having regard to the Treaty establishing the European    trend of imports of these products refined in Turkey ;
 Economic Community, and in particular Article 113        whereas imports of these products should therefore be
thereof.                                                  subject to a system of supervision ;
 Having regard to the proposal from the Commission,       Whereas this objective may be attained by means of
                                                          an administrative procedure based on setting off
Whereas, pending the entry into force of the Supple­      imports of the products in question against the
mentary Protocol signed in Ankara on 30 June 1973         ceiling, at Community , level, as and when these
containing the adjustments to be made to the Agree­       products are submitted to the customs authorities
ment establishing an association between the Euro­        under cover of declarations that they have been made
pean Economic Community and Turkey and to the             available for home use ; whereas this administrative
Additional Protocol ( ') consequent on the accession of   procedure must make provision for the reintroduction
new Member States, the Community has undertaken,          of the Common Customs Tariff duty as soon as the
in an Interim Agreement (2) which runs only for a         said ceiling has been reached at Community level ;
limited period prior to the entry into force of this
Supplementary Protocol, which is applicable until 31      Whereas this administrative procedure requires close
December 1 974 but which has been extended for            and very rapid cooperation between the Member
 19 80 in accordance with the terms laid down in          States and the Commission, which must be able to
Article 13 thereof, to implement certain provisions of    monitor the amounts set off against the ceiling and
the Supplementary Protocol relating to trade in           keep the Member States informed thereof ; whereas
goods ; whereas under Article 6 of the Interim Agree­     this cooperation must be all the closer to enable the
ment amending the first paragraph of the Sole Article     Commission to take adequate measures to reintroduce
of Annex 1 to the Additional Protocol, the Commu­         the Common Customs Tariff duty whenever the
nity must totally suspend the customs duties appli­       ceiling is leached,
cable to certain petroleum products falling within
Chapter 27 of the Common Customs Tariff, refined in
Turkey, within the limit of an annual Community           HAS ADOPTED THIS REGULATION :
tariff quota of 340 000 tonnes ; whereas, for the
products concerned a provisional adjustment should                              Article I
be made to these tariff preferences, consisting essen­
tially of substituting for the Community tariff quota a   1 . From 1 January to 31 December 1980 the
Community ceiling which amounts, after successive         Common Customs Tariff duties shall, subject to
increases, tt>458 000 tonnes, above which the customs     Article 2, be totally suspended for the petroleum
duties applicable to third countries may be reintro­      products, refined in Turkey, specified below, within a
duced ;                                                   limit of a Community ceiling of458 000 tonnes :
(') OJ No L 293, 29. 12. 1972, p. 4.
(') OJ No L 277, 3. 10. 1973, p. 2.
 ---pagebreak---                     CCT
                   heading                                                       Description
                     No
             27.10                  Petroleum oils and oils obtained from bituminous minerals other than crude ; prep­
                                    arations not elsewhere specified or 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 :
                                        ill. For other purposes
                                    B. Médium oils :
                                        III . For other purposes
                                   C. Heavy otls :
                                          I. Gas oils :
                                               c) For other purposes
                                         II . Fuel oils :
                                               c) For other purposes
                                        III- Lubricating oils, other oils :
                                               c) To be mixed in accordance with the terms of Additional Note 7 to
                                                  Chapter 27 (a)
                                               d) For other purposes
            27.Î1                  Petroleum gases and other gaseous hydrocarbons :
                                   B. Other :
                                        I. Commercial propane and commercial butane -:
                                             c) For other purposes
            27.12                  Petroleum jelly :                                           '    . •
                                   A. Crude :
                                        III. For other purposes
                                   B. Other
            27.13                  Paraffin wax, micro-crystalline wax, slack wax, ozokerite, lignite wax, peat wax and
                                   other mineral waxes, whether or not co)oured :
                                   B. Other :
                                         I. Crude :
                                              c) For other purposes
                                        II. Other
            27.17                  Petroleum bitumen, petroleurtt coke and other residues of petroleum oils or of oils
                                   obtained from bituminous minerals :
                                   C. Other
            (#) Entry under this sobhetding is subject to conditions to be determined by the competent authorities.
2. Imports of the petroleum products referred to in                              4. The extent to which the ceiling has been used
paragraph 1 shall be subject to Community supervi­                               shall be determined at Community level on the basis
sion .                                                                           of the imports set off against it in the manner defined
                                                                                 in paragraph 3.
3. Imports of the products shall be set off against                               5.     Member States shall inform the Commission at
the ceiling as and when they are submitted to the                                 the intervals and within the time limits specified in
customs authorities under cover of a declaration that                            Article 3 of any imports effected in accordance with
they have been made available for home use.                                       the above rules.
 ---pagebreak---                                                           - 3 -
                      Artide 2                            i statement, in respect of 10 day periods, within five
                                                            clear days of the expiry of each 10 day period.
As soon as the ceiling referred to in Article 1 ( 1 ) has
been reached at Community level, the Commission
may issue a Regulation reintroducing the Common                                         Artide 4
Customs Tariff duties applicable to third countries
until the end of the calendar year.                         The Commission shall take all necessary measures for
                                                            the implementation of this Regulation in close cooper­
                                                            ation with the Member States.
                      Artide 3
Member States shall forward to the Commission not                             • - • --- Article 5
later than the 15th day of each month a statement of
the imports effected during the preceding month. If         This Regulation shall enter into force on 1 January
the Commission so requests, they shall forward this         1980 .      '
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels.
                                                                       For the Counal
                                                                          The President
                                       \