CELEX: 51980PC0768
Language: en
Date: 1980-11-24
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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 768
Vol. 1980/0240
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80)768 final
                                                Brussels . 24 November 1980
                             Proposal for a
                          COUNCIL REGULATION ( EEC )
     opening and providing for the administration of a Community prefer­
     ential ceiling for certain petroleum products refined in Turkey and
     establishing Community supervision of imports thereof
                ( submitted to-r-the- Council by the Commission )
                                        :   i
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C0M(80 ) 768 final
 ---pagebreak---                               ■EXPLANATORY MEMORANDUM
1 . As a consequence of the Accession of the next 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 ratification .
     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
                                                                     ι
     measures laid down by these Agreements in Turkey 's favour should
     be granted for 1981 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 during the course of the adoption procedure .
     The Commission is aware that this concession might be modified       ,
     in the context of a future negotiation with Turkey . In the
     absence of a decision on this this proposal is an instrument
     which will allow respect " of the engagements contracted by the    .
     Community .        •
     Therefore the Commission reserves the possibility of modifying
     this proposal during the procedure to adapt it, if necessary ,
     to the final result of the negotiationsb
 ---pagebreak--- 2 . As a result of the dcision 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 developing
    countries and Turkey .
    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 1'975 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 %' for 1978 , 1979 and 1980 at the
    1977 levels , and for 1981 at the 1980 level plus 2% .
    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.     ,
    case of these products for 1981 a Community ceiling fixed at #
    467 160 tonnes and to set up Community supervision of impor­
    tations of these products .
3 . 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 MP 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 free circulation .
 ---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 fol lowing 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 .    .
  The following system will be adopted for setting off the mechanism
  for reintroducing duties : when one of the inclusive 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 consul­
  tations 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 thi rd-^country rate when the ceiling has actually been reached .
                       ' J
  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 or 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 eiHding the duty reduction laid down .
. The proposed Regulation provides that the Counci I - should delegate
  authority^ to the Commission as regards application of the rules
  on ceilings and introduction of duties .
 ---pagebreak--- 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
                                                                     trend of imports of these products refined in Turkey ;
tI .           .     ,                           c                   whereas imports of these products should therefore be
Having regard to the Treaty establishing the European                „ , . „ _ r      „ _ , r . .
       6 . 6_                  7. .      . ,   . • , ,,,             subject to a system of supervision ;
Economic Community, and in particular Article 113                          ,
thereof,               ^                                             Whereas this objective may be attained by means of
                                                                     an administrative procedure based on setting off
Having regard to the proposal from the Commission,                   imports of the products in question against the
                                                                     ceiling, at Community level, as and when these
                                                 '                   products are submitted to the customs authorities
Whereas, pending the entry into force of the Supple-                 under cover of declarations that they have been made
mentary Protocol signed in Ankara on 30 June 1973                    available for free circulation ; whereas this administra-
containing the adjustments to be made to the Agree-                  tive procedure, must make provision for the reintroduc-
ment establishing an association between the Euro- >                 tion Qf the Common Customs Tariff duty as soon as
pean Economic Community and Turkey and to the                        the said ceiling has been reached at Community
Additional Protocol ( ') consequent on the accession of               ievei •
new Member States, the Community has undertaken,
in an Interim Agreement (2) which runs only for a                    Whereas this administrative procedure requires close
limited period prior to the entry into force of this                 ancj very rapid cooperation between the Member
Supplementary Protocol, which is applicable until 31 -               States- and the Commission, which must be able to
December 1974 but which has been extended for                         monitor the amounts set off against the ceiling and
 1981 in accordance with the terms laid down in                       keep the Member States informed thereof ; whereas
Article 13 thereof, to implement certain provisions of               this cooperation must be all the closer to enable the
the Supplementary Protocol relating to trade in                      Commission to take adequate measures to reintroduce
goods ; whereas under Article 6 of the Interim Agree-                 the Common Customs Tariff duty whenever the
ment amending the first paragraph of the Sole Article          •, ceiling is reached,
of Annex 1 to the Additional Protocol, the Commu - ■               ■
nity must totally suspend the customs duties appli-                                     ,      '
cable to certain petroleum products falling within
Chapter 27 of the Common Customs Tariff, refined in                   HAS ADOPTED THIS REGULATION :
Turkey, within the limit of an annual Community              :           .
tariff quota Of 340 000 'tonnes whereas, for the                 •
products concerned a provisional adjustment should                                            Article 1       , '
be made to these tariff preferences, consisting essen- .                                  ,
tially of substituting for the Community tariff quota a               1 . : From 1 January to 31 December 1981 the
Community ceiling- which amounts, after successive                   Common Customs Tariff duties shall, subject to
increases,                tonnes, above which the customs , •        Article 2, be totally suspended for the petroleum
duties applicable to third countries may be reintro-                  products, referred to hereinafter and re­
duced ;                                                              fined in Turkey, within the Limits t>T
                         ; v                                 \       a' Community ceiling of 467 160 tonnes ,
(•) OJ No L 293, 29. 12. .1972, p. 4.                '     -                  .   •   .     '
    OJ No L 277, 3. 10. 1973, p. 2.        -            '                       -
 ---pagebreak---     Within the Limits of this ceiling ^ Greece shall apply duties calcu-
    tated in accordance with the provisions of Article 117 of the
    Act of Accession
2 . The petroleum products to which paragraph 1 applies are the
    following :
 ---pagebreak---                                                                       Description
                         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 :
                             III . For other purposes
                         B. Médium oils :
                             III . For other purposes
                         C. Heavy oils :
                               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
                         Petroleum gases and other gaseous hydrocarbons :
                         B. Other :
                             I. Commercial propane and commercial butane :
                                  c) For other purposes
                       ' Petroleum jelly :
                         A. Crude :
                             III . For other purposes
                         B. Other
                         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
                             II . Other
                         Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils
                         obtained from bituminous minerals :
                         C. Other
(a) Entry under ( his subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---  3 . Imports of the petroleum products referred to in        may issue a Regulation re-introducing the Common
 paragraph 1 shall be subject to Community supervi­          Customs Tariff duties applicable to third countries
sion .                                                       until the end of the calendar year.
       Imports of the products shall be set off against                             Artide 3
the ceiling as and when they are submitted to the
customs authorities under cover of a declaration that        Member States shall forward to the Commission not
they have been made available for free circulation .         later than the 1.5th day of each month a statement of
                                                             the imports effected during the preceding month . If
 5 . The extent to which the ceiling has been used           the Commission so requests, they shall forward this
shall be determined at Community level on the basis          statement, in respect of 10 day periods, within five
of the imports set off against it in the manner defined      clear days of the expiry of each such 10 day period.
in paragraph 4 .
       Member States shall inform the Commission at                                  Article 4
the intervals and within the time limits specified in        The Commission shall take all necessary measures for
Article 3 of any imports effected in accordance with         the implementation of this Regulation in close cooper­
the above rules.                                             ation with the Member States.
                       Artide 2                                                      Artide 5
As soon as the ceiling referred to in Article 1 ( 1 ) has    This Regulation shall enter into force on 1 January
been reached at Community level, the Commission              198t -
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,                       .                     '
                                                                         For the Council
                                                                          The President