CELEX: 51991PC0534
Language: en
Date: 1991-12-06
Title: Proposal for a COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2603/69 ESTABLISHING COMMON RULES FOR EXPORTS

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)
 ---pagebreak---                             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     0J No L 324, 27.12.1969, p.25.
2     OJ No L 211, 20.7.1982, p.1.
 ---pagebreak---                                      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     OJ No L 324, 27.12.1969, p.25.
2     OJ No L 211, 20.7.1982, p.1.
 ---pagebreak--- 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:
 ---pagebreak---                                   " 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
 ---pagebreak---                                 ANNEX 1
        CCT                   Description               Member
    heading No                                          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:                             France
ex 4102 10 90  Other                                    France
ex 4102 29 00  Without wool on, other                    France
 ---pagebreak---                           *
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
 ---pagebreak---                                           %
                                    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
 ---pagebreak---                                                                      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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