CELEX: 51976PC0467
Language: en
Date: 1976-09-08
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL, establishing certain ceilings and Community supervision of imports of certain products originating in the State of Israel (1977) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 467
Vol. 1976/0141
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(76)467 final.
                                                   Brussels - 8 September 1976
         /   ,
                              Proposal for a
                      REGULATION ( EEC ) OF THE COUNCIL ,
   establishing certain ceilings and Community supervision of
  'imports of certain products originating in the State of Israel
                                   ( 1977 )
       "S
                                                                           t
               ( submitted to the Council by the Commission )
           /
   C0MC76 ) 467 final .
                    (
 ---pagebreak---                               EXPLANATORY MEMORANDUM
  1 . The Agreement .- conoluded by the European Economio Community with the
 State of Israel provides , in particular in the case of industrial products ,
 for the phased abolition of Common Customs Tariff duties over a transitional
 period extending until 1 July 1977 »      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 at the preferential rate of duty.         When this
 ceiling is reached the Community may reintroduce until the end. of the
 calendar y;ear the customs duties applicable 'to third countries .      In
 oertain cases it, is the basic duties which sire to be applied ; . these are
 the duties to which the reductions provided for in the Agreement apply .
 The initial volumes of the annual ceilings / are fixed
                                                                                I
by the Agreement itself . The ceilings are to be fixed annually and their
levels increased by 5 /°« They will be abolished not later than 31 December
1979 .                     '                "
2.    The operation of tho ceiling arrangements and the power to reintroduce
customs duties vri.ll' necessarily requirothe 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 frorii 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     whon they are submitted to tho
customs authorities under oover of a      declaration of entry for home use
and accompanied .by an EUR 1 movement     certificate conforming to the rules
contained in the Agreement " referred to under 1 . '
 ---pagebreak---         ese returns are to "bo              each Member State at the end of every
     month and forwarded by the     J day of the following 'month to the Commission
     so as to enable the latter to oommunioate by telex to all the Member States
     an overall', produot-by-produot statement for the preceding1 month of the
     imports in question. The system of supervision will require of the
     responsible dopartments„ of the Member States and the ■ Commission diligenoe
     and olose oooperation. In view 6f the faot that th^' products concerned
    are sensitive products and that 'imports at a reduced 'rate of duty in
    excess of the oeilings oould oause disturbance of the Community market,
    it is absolutely essential that all Member States respect rigorously the
    fifteen-day tim© limit referred to above.         '                  ' ■ .    .
    Ih© following proocdure is to bo adopted for setting in train machinery to
    reintroduce duties : if one of the overall monthly statements drawn up by
   the Commission reveals that' 75i° of the ceiling fixed fon a erven produot ;
   has boen reached, the Member States would bo informed and consultations
   could be held, for example in the WorkingrParty on' Economic Tariff- •
   Problems , either at the' request of a Member State or the Commission's
   initiative. ®i© aim of these consultations would be to examine; oase
  "by case, whether or not the customs duties applicable to.. non-member
  countries should be reintroduced once the ;target ceiling.iis actually
  reached.-                       '
                                           *  '            • • • r
   Ionthly returns would still be made in respect of imports of the product
  m (faeotion or, if the^ Commission so... requested, it would be notified by
  telex, of .such imp.orts every ten. .days,.. In. the latter case, the time
 limit for forwarding^ tho information, would be five days.;
 In this way, the Commission would bo able- to take, within the shortest
possible time, measures^ leading to the rointroduction by Regulation, of
 customs duties in respeot of the" partner State which would apply until
    e end of who calendar year. ' In the above hypothosis, the reintroduction
Ox the customs duties on the produot under consideration would, naturally,
be effected within a time limit fixed by the Regulation putting an end
to^ tho reduction of duties provided for in the Protoools' No 1 .
 ---pagebreak---                                     - 3
  3.   As far as application of tho rule on ceilings and rointroduction of
  duties is. ooncemed| the attached proposal makes provision for tho Council
  to confer powers upon tho Commission .
  Tho proposed Regulation does no more 'than outline how these powers
 are to "be cxeroised so that , in consultation with the Member States ,
 the machinery to bo set in train may be adapted flexibly and rapidly.
 It is with tho same view to maximum efficiency and rapidity that the
 proposed Regulation provides that the Commission would be responsible
 for rointroduoing, in respeot of tho partner Stato , the duties applicable
 to nonr-membor countries .
AÎTÎ7EX :
Proposal for a Counoil Regulation.
                                                       f
                                                       c'
 ---pagebreak---                                                                                                               ΑΪΠΤΕΧ
                                                  Proposal for a
                                 REGULATION (EEC) No . ../iSOF THE COUNCIL                           .
                   establishing ceilings and Community supervision of imports of certain products
                                                  originating in Israel (1977)
    THE COUNCIL QF THE EUROPEAN COMMUNITIES,                          operation must be all the closer since the Commis­
                                                                     sion must be able to take adequate measures to re­
                                                                     introduce customs tariff duties whenever one of the
   Having regard to the Treaty establishing the Euro­                 ceilings has been reached ;
   pean Economic Community, and in particular
    Article 113 thereof;                                              Whereas the trend of imports of certain products not
                                                                      subject to ceilings should also be followed; whereas
                                                                      it is therefore desirable that imports of such products ,
   Having regard to the proposal from the Commission;                 should also be subjected to a system of supervision,'
   Whereas Article 2 of the Agreement (') between the
   European Economic Community and the State of                      HAS ADOPTED THIS REGULATION:
   Israel, signed on 11 May 1975, and Articles 1 and 2
   of I rotocol 1 annexed thereto make provision for the
  progressive abolition of customs duties in respect of
  the products to which the Agreement applies;                                                Article 1
  whereas by way of derogation from these Articles,
  Article 5 of that Protocol provides that for imports
  of products listed in that Article the reduction of                 1 . From 1 January to 31 December 1977 imports of
  duties shall be limited to ceilings, above which the               products originating in Israel, listed in Annex I, shall
  customs duties applicable to third countries may be                be subject to annual, ceilings and Community
  re-introduced; whereas the ceilings to be applied in               supervision.
  197 ? should therefore be determined; whereas the
  application of ceilings requires that the Community                The description of the products referred to in the
  be regularly informed of the trend of imports of the               first paragraph, their tariff headings and statistic
  products in question originating in Israel; whereas it             numbers and the levels of the ceilings are given in
  is, therefore, desirable that imports of these products            Annex I.
  be subjected to a system of supervision;
                                                                     2. Amounts shall be set off against the ceilings as '
 Whereas this objective may be achieved by means of                  and when products are submitted to the customs
  an administrative procedure based on setting off                   authorities under cover of a declaration that they
 imports of the products in question against the                     have been made available for home . use and
 ceilings at Community level, as and when these pro­                 accompanied by a movement certificate conforming
 ducts are submitted to the customs authorities under                to the rules contained in Protocol 3 to the Agreement
 cover of declarations that they have been made                      between the Community and Israel.          However ,"
 available for home use; whereas this administrative                 in the case of products falling within
 procedure must make provision for the re-introduc­                  Chapter 27 , the movement certificate
tion of customs tariff duties as soon as the ceilings                may be replaced by a certificate of
have been reached at Community level;                                oririn .
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; whereas this co-
                                                                   Goods shall be set off against the ceiling only if the
                                                                   movement certificate or, in the case of goods falling
O OJ No L 136, 28. 5. 1975, p. 3.                                  within Chapter 27, the certificate of origin has been
                                                                   submitted before the date on which customs duties
                                                                   are re-introduced .
                                                                   The reaching of a ceiling shall be determined at
                                                                   Community level on the basis of imports set off
                                                                   against it in the manner defined in the preceding
                                                                   subparagraphs.
 ---pagebreak---   The Member States shall inform the Commission              originate in Israel shall be subjected to Community
  at the intervals and within the time limits specified      supervision.
  in paragraph 4 of any imports effected in accordance       Member States shall forward to the Commission not
  with the above rules.
                                                             later than the 15th day of each month statements of
  3. As soon as the ceilings have been reached, the          imports of the products in question effected during
  Commission may issue a Regulation re-introducing
                                                             the preceding month; only products submitted to the
                                                             customs authorities under cover of a declaration that
  the customs duties specified in Articles 2 and 5 (6) .
  of Protocol 1 to the Agreement until the end of the        they are to be made available for home use and
  calendar year.
                                                              accompanied by a movement certificate conforming
                                                              to the rules contained in Protocol 3 to the Agreement
                                                              shall be taken into consideration for this purpose.
  4. 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.                                 Article 3
  They shall, if the Commission so requests, make up
. such statements for periods of 10 days and forward          For the implementation of this Regulation the Com­
  them within five clear days of expiry of the preceding      mission shall take all necessary measures in close
  10-day period.                                              cooperation with the Member States.
                         Article 2                                                   Article 4
  During the period 1 January to 31 December 1977              This Regulation shall enter into force on 1 January
  imports of the products referred to in Annex II which        1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                Done at Brussels,
                                                                                       For the Council
                                                                                        The President
 ---pagebreak---                                                                        ANNEX I
                                                Liit of product! mibjcct to import ceiling) in 1977
                                                                                                                       Level
                          CCT                                                                              Nimexe
     Order No
                       heading No                                    Description                            Code     of ceiling
                                                                                                                    (metric tons)
                            2                                              3                                   4          5
                         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. 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
                                                                                                                        661.500
                         27.11           Petroleum gases and other gaseous hydrocarbons :
  I IL 1
                                         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                                                                                      Nimexe
   Order No                                                 Description                                    Code
              heading No
       1           2                                            3
 II IL 9        42.03      Articles of apparel and clothing accessories, of leather or of composition
            i              leather :   .       .   .     .
                           A. Articles of apparel                                                       42.03–10
                           C. Other clothing accessories                                                42.03–51 ,
                                                                                                            59
II IL 10        51.04      Woven fabrics of man-made fibres (continuous), including woven
                           fabrics of monopol or strip of heading No 51.01 or 51.02                   51.04–
                                                                                                      all Nos
                         i           •
II IL 11        56.05      Yarn of man-made fibres, (discontinuous or waste), not put up for
                           retail sale                                                                56.05–
                                                                                                      all Nos
II IL 12       .56.07      Woven fabrics of man-made fibres (discontinuous or waste)                  56.07–
                                                                                                      all Nos
II IL 13        70.05      Unworked drawn or blown glass (including flashed glass), in rectangles     70.05–
                                                                                                      all Nos
II IL 14        76.03      Wrought plates, sheets and strip, of aluminium                             76.03–
                                                                                                      all Nos
 ---pagebreak---                                                   ANNEX 11      ■
                                   List of products referred to in Article 2
   Order No    CCT                                                                                  Nimexc
            heading No                                   Description                                 Code
II IL 1       28.01      Halogens (fluorine, chlorine, bromine and iodine):
                         C. Bromine                                                              28.01–50
II IL 2       28.10     Phosphorus pentoxide and phosphoric acids (meta-, ortho- and pyro-)      28.10–00
II IL 3       28.33     Bromides, oxybromides, bromates and perbromates, and hypobromites        28.33–10,
                                                                                                      90
              28.40     Phosphites, hydrophosphites and phosphates :
                       )B. Phosphates (including polyphosphates) :
                              II. Other                                                          28.40–30 ,
                                                                                                  62, 65 , 71 ,
                                                                                                  79, 81 , 85
              29.16     Carboxylic acids with alcohol, phenol, aldehyde or ketone function
                        and other single or complex oxygen-function carboxylic acids and
                        their anhydrides, halides, peroxides and peracids, and their haloge­
                        nated , sulphonated, nitrated or nitrosated derivatives :
                        A. Carboxylic acids with alcohol function :
                            IV. Citric acid and its salts and esters                             29.16–21 ,
                                                                                                   23 , 29
             31.03      Mineral or chemical fertilizers, phosphatic :
                        A. Mentioned in Note 2 (A) to Chapter 31 :
                            I. Superphosphates                                                   31.03–15
             39.02     Polymerization and copolymerization products (for example, poly­
                       ethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, poly­
                       vinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other
                       polyvinyl derivatives, polyacrylic and polymethacrylic derivatives,
                       coumarone-indene (resins):
                       C. Other :
                            VII. Polyvinyl chloride                                             39.02 - 41,43,45
                                                                                                46,47,51,52,53 ,
                                                                                                54,57,59,61,66
             42.02     Travel goods (for example, trunks, suitcases, hat boxes, travelling
                       bags, rucksacks), shopping-bags, handbags, satchels, brief-cases,
                       wallets, purses, toilet-cases, tool-cases, tobacco-pouches, sheaths,
                       cases, boxes (for example, for arms, musical instruments, binoculars,
                       jewellery, bottles, collars, footwear, brushes) and similar containers
                       of leather or of composition leather, of vulcanized fibre, of artificial
                       plastic sheeting, of paperboard or of textile fabric :
                       ex B. Of other materials :
                                 – Of leather                                                   42.02–ex 21 ,
                                                                                                ex 31 , ex 41 ,
                                                                                                ex 51 , ex 81
 ---pagebreak---                                                              - 2 -
              CCT                                                                                    Nimexe
  Order No                                             Description                                    Code
           heading No
                                                                                                       4
      1         »
II IL 9      42.03    Articles of apparel and clothing accessories, of leather or of composition
                      leather :
                                                                                                   42.03–10
                      A. Articles of apparel
                      C. Other clothing accessories                                                42.03–51 ,
                                                                                                       59
II IL 10     51.04    Woven fabrics of man-made fibres (continuous), including woven
                      fabrics of monopol or strip of heading No 51.01 or 51.02                   51.04–
                                                                                                 all Nos
II IL 11     56.05    Yarn of man-made fibres (discontinuous or waste), not put up for
                      retail sale                                                                56.05–
                                                                                                 all Nos
                                                                                                 56.07–
II IL 12     56.07    Woven fabrics of man-made fibres (discontinuous or waste)
                                                                                                 all Nos
                                                                                                 70.05–
II IL 13     70.05     Unworked drawn or blown glass (including flashed glass), in rectangles
                                                                                                 all Nos
                                                                                                 76.03–
II IL 14     76.03     Wrought plates, sheets and strip, of aluminium
                                                                                                 all Nos