CELEX: 51993PC0474
Language: en
Date: 1993-12-06
Title: Proposal for a COUNCIL REGULATION (EC) 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 (1994)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      C0M(93) 474 final
                                                      Brussels, 6 December 1993
                                         Proposal for a
                                    COUNCIL REGULATION (EC)
                opening and providing for the administration of a Community
                    preferential celling for certain petroleum products
                 refined In Turkey and establishing Community surveillance
                                 for imports thereof (1994)
                                 (presented by the Commission)
$0$EMg&M$;$
 ---pagebreak---                                                                         z
                         EXPLANATORY MEMORANDUM
1. 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 Chapter 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 Commission and the Turkish authorities to study
   the problem of giving Turkey and the developing countries equivalent
    tariff treatment.
   After studying the problem, the Commission finally recognized that, 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 for Turkey should be converted, as from 1976, into a Community
   ceiling, the volume of which should be increased in the same
    proportions as had been applied under the Generalized System of
    Preferences.
   Currently, the amount of this ceiling after successive increases is
   740 250 tonnes.
   The only purpose of the attached proposal for a Regulation is to open,
    for the products in question, a Community ceiling for 1994 of the
    abovementioned ceiling, and to establish Community surveillance of
    imports of these products.
 ---pagebreak---                                                                        3
3.   The attached proposal lays down that authority to apply the rules on
     ceilings and re-establishment of customs duties should be transferred
     from the Council to the Commission.
     This is the purpose of the attached proposal
Annex: Proposal for a Council Regulation.
 ---pagebreak---                                                   Proposal for a
                                     C O U N C I L REGULATION ( EC) No            793
                                                     of
                 opening and providing for the administration of a C o m m u n i t y preferential
                 ceiling for certain petroleum products refined in Turkey and establishing
                                Community surveillance for imports thereof ( 1 9 9 4 )
THE COUNCIL OF THE EUROPEAN UNION,                            imports should, therefore, be made subject to a system of
                                                              surveillance ;
Having regard to the Treaty establishing the European
             Community, and in particular Article 113         Whereas the decision for the opening of Community
thereof,                                                      tariff ceilings in the execution of its international obliga-
                                                              tions should be taken by the Community ; whereas to
                                                              ensure the efficiency of a common administration of
Having regard to the proposal from the Commission,            these ceilings, the Member States might well have
                                                              recourse to the means of an administrative procedure
                                                              based on offsetting imports of the products in question
Whereas Article 7 of the Supplementary Protocol to the        against the ceiling at Community level as and when these
 Association Agreement between the European .                 products are entered with the customs authorities for free
 Community and Turkey consequent on the accession of          circulation ; whereas this administrative procedure must
 new Member States to the Community ('), which was            make provision for the possible re-establishment of
 signed in Ankara on 30 June 1973 and entered into force      customs tariff duties as soon as the ceiling is reached at
 on 1 March 1986(2), provides for the total suspension of     Community level ;
 customs duties applicable in certain petroleum products
 refined in Turkey falling within Chapter 27 of the
 Common Customs Tariff within the limits of an annual         Whereas this administrative procedure requires close and
 Community tariff quota of 340 000 tonnes ; whereas, for       particularly swift coopération between the Member States
 the products concerned, a provisional adjustment should      and the Commission ; whereas the latter must, in partic-
 be made to those tariff preferences, consisting essentially  ular, be able to follow the progress of quantities charged
 of substituting for the Community tariff quota a Com-         against the ceiling and keep the Member States informed ;
 munity ceiling amounting, after successive increases, to     whereas this cooperation has to be particularly close since
 740 250 tonnes, above which the customs duties ap-            the Commission must be able to take the appropriate
 plicable to third countries may be re-established ;           measures to re-establish customs tariff duties if the ceiling
                                                               is reached,
                                                               HAS ADOPTED THIS REGULATION :
                                                                                         Article 1
                                                                1.   From 1 January to 31 December 1994 the duties
 Whereas the application of ceilings requires the Com-         applicable to imports into the Community of the petro-
  munity to be regularly informed of the trend of imports      leum products refined in Turkey and indicated in para-
 of the relevant products originating in Turkey ; whereas      graph 2 shall be suspended in full within the limits of a
                                                               Community ceiling of 740 250 tonnes.
 (') OJ No L 361, 31. 12. 1977, p. 2.
 O OF No L 48, 26. 2. 1986. D- 36.
                                                                2.   The petroleum products to which paragraph 1
                                                               applies shall be the following :
 ---pagebreak---                                                                                         s
 Order                                           Description
          CN code
  No
13.0010 2710 00     Petroleum oils and oils obtained from bituminous minerals, other than
                    made preparations not elsewhere specified or included, containing by
                    weight 70 % or more of petroleum oils or of oils obtained from bitumi-
                    nous minerals, these oils being the basic constituents of the prepara-
                    tions :
                     — Lights oils :
                     — — For other purposes :
                     — — — Special spirits :
        2710 00 21   — - — — White spirit
        2710 00 25             Other
                             Other
                     — — — - Motor spirit :
        2710 00 26   — — — — — Aviation spirit
                     — — — — — Other, with a lead content :
                     — — — — — — Not exceeding 0,013 g per litre :
        2710 00 27   - - - - - - -       With an octane number of less than 95
        2710 00 29   — — — — — — — With an octane number of 95 or more but less
                                         than 98
        2710 00 32   — — — — — — — With an octane number of 98 or more
                     — — — — — — Exceeding 0,013 g per litre :
        2710 00 34   — — — — — — — With an octane number of less than 98
        2710 00 36   —- -    — — — — With an octane number of 98 or more
        2710 00 37   — — — — Spirit type jet fuel
        2710 00 39              Other light oils
                     — Medium oils :
                     — — For other purposes :
                     — — — Kerosene :
        2710 00 51              Jet fuel
        2710 00 55              Other
        2710 00 59           Other
                     — Heavy oils :
                     — — Gas oils :
        2710 00 69   — — — For other purposes
                     — — Fuel oils :
         2710 00 74  — — — — With a sulphur content not exceeding 1 % by weight
         2710 00 76  — — — — With a sulphur content exceeding 1 % by weight but not
                                exceeding 2 % by weight
         2710 00 77   — — — — With a sulphur content exceeding 2 % by weight but not
                                exceeding 2,8 % by weight
         2710 00 78   — — — — With a sulphur content exceeding 2,8 % by weight
                      — — Lubricating oils ; other oils :
         2710 00 85   — - — To be mixed in accordance with the terms of additional note 6
                             (CN) to this chapter (')
                      — — — For other purposes :
         2710 00 87
                      — — — — Motor oils, compressor lube oils, turbine lube oils
         2710 00 88
                      — — — — Liquids for hydraulic purposes
         2710 00 89
                      —         White oils, liquid paraffin
         2710 00 92
                      — — — — Gear oils and reductor oils
         2710 00 94
                      — — — — Metal-working       compounds,   mould     release  oils, anti-
         2710 00 96             corrosion oils
         2710 00 98   — — — — Electrical insulating oils
                      — — — — Other lubricating oils and other oils
 ---pagebreak---                                                                                                                                 c
                  Order
                                    I N  ,<><(<•                                    Description
                    No
                 13 0010          2711               Petroleum gases and other gaseous hydrocarbons :
                 (Otnt'd)                            - liquefied
                                  2711 12            - - Propane :
                                                               Other :
                                  2711 12 94         - - - - - Of a purity exceeding 90 % but less than 99 %
                                  2711 12 96         - - - - - Mixtures of propane and butane containing more than
                                                                      50 % but not more than 70 % of propane
                                  2711 12 98                          Other
                                  2711 13            - - Butanes :
                                                     - — — For other purposes
                                  2711 13 91         - - - - Of a purity exceeding 90 % but less than 95 %
                                  2711 13 93         - - — — Mixtures of butane and propane containing more than 50 %
                                                                   but not more than 65 % of butane
                                                                                                           V
                                  2711 13 98                      Other
                                  2712               Petroleum jelly, paraffin wax, microcrystalline petroleum 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
                                  2713               Petroleum coke, petroleum bitumen and other residues of petroleum oils
                                                     or of oils obtained from bituminous minerals :
                                  2713 90             - Other residues of petroleum oils or of oils obtained from bituminous
                                                        minerals :
                                  2713 90 90                Other
             (') Entry under this code is subject to conditions laid down in the relevant Community provisions.
3.    Imports, of the petroleum products referred to in                      a regulation re-establishing, until the end of the calendar
paragraph 1 shall be subject to C o m m u n i t y surveillance.              year, the collection of the duties normally applicable.
4.    Quantities shall be charged against the ceiling as
and when products are entered with the customs authori-                                                 Article  3
ties for free circulation.
                                                                             Member States shall send the Commission statements of
                                                                             the quantities charged for the preceding month no later
5.    The extent to which that ceiling is used up shall be                   than the 15th day of each m o n t h . At the Commission's
determined at C o m m u n i t y level on the basis of the                    request, they shall send statements of the quantities
imports charged against it, in the manner specified in                       charged for periods of 10 days, to be forwarded within five
paragraph 4.                                                                 clear days of the e n d of each 10-day period.
6.    Member States shall inform the Commission, at the
intervals and within the time limits specified in Article 3,                                            Article  4
of imports effected in accordance with the rules referred
to in this Article.                                                          The Commission shall take all appropriate measures, in
                                                                             close cooperation with the M e m b e r States, to ensure the
                                                                             implementation of this Regulation.
                             Article    2
                                                                                                         Article 5
As soon as the ceiling referred to in Article 1 (1) has been
reached at C o m m u n i t y level, the Commission may adopt                 This Regulation shall enter into force on 1 January i § 9 4
 ---pagebreak---                                                                                        }
This Régulaiiim shall be binding in its entirety and directly applicable in all Member
States.
Done al Brussels,
                                                         For the    Council
                                                           Tlie  President
 ---pagebreak--- FINANCIAL RECORD                                              S
1.   Budget line concerned : Chap. 12 art. 120
2.   Legal base : art 113 of the Treaty
3.   Heading of the tariff measure : Proposal for a Council Regulation (EC)
     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 (1994)
4.   Oblect ive : Respect of contractual engagements as regards Turkey.
5.   Method of calculation :
     CN code: 2710 to 2714
     Volume of the ceiling : 740 250 t
     Duty to apply: 0 X
     Normal duties : Various duties (average duty : 5 %)
6.   Loss of receipts :
     Value 1 tonne: 72 ECU (average value)
      Total value: 53 298 000 ECU
LOSS:
- in case of total utilisation
53 298 000 ECU X 5/100 - 2 664 900 ECU
 ---pagebreak---                                                                               3
                                                                   ISSN 0254-1475
                                                             COM(93) 474 final
                                                     DOCUMENTS
EN                                                                        l i 02
                               Catalogue number : CB-CO-93-681-EN-C
                                                            ISBN 92-77-62491-4
Office for Official PubUcations of the European Communities
L-2985 Luxembourg