CELEX: 51976PC0470
Language: en
Date: 1976-09-14
Title: Proposal for a COUNCIL REGULATION (EEC) establishing certain ceilings and Community supervision of imports of certain products originating in Algeria, Morocco and Tunisia (1977) (submitted by the Commission to the Council)

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DOCUMENTS "COM"
COM (76) 470
Vol. 1976/0142
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(76)470    final
                                             Brussels , 14 September 1976
                                                                    Λ
                               Proposal for a
                           COUNCIL REGULATION ( EEC )
               establishing certain ceilings and Community
               supervision of imports of certain products
               originating in Algeria , Morocco and Tunisia
                                    ( 1977 )
                         ' \ .          '        * ' ■
                                  \           ':
                               /
             ( submitted by the Commission to the Council )
 COM ( 76 ) 470 final
 ---pagebreak---                     EXPLANATORY MEMORANDUM
    Interim
The /Agreements between   by the European Economic Community with
Algeria , Morocco and Tunisia provide from their entry into force , in
particular in the case of industrial products , for the abolition of
Common Customs Tariff duties       . 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 duty free . When this ceiling is reached
the Community may reintroduce until the end of the calendar year the
customs duties applicable to third countries .
The initial volumes of the annual ceilings operative for 1976 are
fixed by the Agreements themselves . The ceilings are to be fixed
annually and their levels increased by 3% for cork products ( tariff
headings 45.02 , 45.03 and 45.04 ) and by 5% for petroleum, products ( ex
Chapter 27 ). They will be abolished not later than 31 December 1979 .
The operation of the ceiling arrangements and the power to reintroduce
customs duties will necessarily require the 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
from 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 when
they are submitted to the customs authorities under cover of a
declaration of entry for home use and accompanied by a movement
certificate conforming to the rules contained in the Agreements
referred to under 1 .
 ---pagebreak---                   ;
                                     2
 These returns are to be made up by each Member State at the end of
 every month and forwarded before the fifteenth day of the following
 month to the Commission so as to enable the latter to communicate
 by telex to all the Member States an overall , product-by-product
 statement for the preceding month of the imports in question . The
 system of supervision will require of the responsible departments of
 the Member States and the Commission diligence and close cooperation .
 In view of the fact that the products concerned are sensitive products
 and that duty free imports in excess of the ceilings could cause
 disturbance of the Community market , it is absolutely essential that
 all Member States respect rigorously the fifteenth-day time limit
 referred to above .
 The following procedure is to be adoptee) for setting in train machinery
 to reintroduce duties : if one of the overall monthly statements drawn
up by the Commission reveals that 75% of the ceiling fixed for a given
product has been reached , the Member States would be informed and consul­
 tations could be held , in particular in the Working Party on Economic
Tariff Probl'ems , either at the request of a Member State or the Commission
 initiative . The aim of these consultations would be to examine , case by
case , whether or not the customs duties applicable to non-member countries
should be reintroduced once the target ceiling is actually reached .
Monthly returns would still be made in respect of imports of the product
in question or , if the Commission so requested , it would be notified by
telex of such imports every ten days . In the latter case , the time limit
for forwarding the information would be five days .
In this way , the Commission would be able to take , within the shortest
possible time , measures leading to the reintroduction by Regulation , of
customs duties in respect of the partner State which would apply until
the end of the calendar year . In the above hypothesis , the reintroduc­
tion of the customs duties on the product under consideration would ,
naturally , be effected within a time limit fixed by the Regulation putting
an end to the exemption of duties provided for in the Agreements in
question .
 ---pagebreak---  3.  As far as application of the rule on ceilings and reintroduction of
      duties is concerned , the attached proposal makes provision for the
     Council to confer powers upon the Commission .
     The proposed Regulation does no more than outline how these powers
     are to be exercised so that , in consultation with the Member States ,
      the machinery to be set in train may be adapted flexibly and rapidly .
      It is with the same view to maximum efficiency and rapidity that the
     proposed Regulation provides that the Commission would be responsible for
     reintroducing , in respect of the partner State , the duties applicable to
     non-member countries .
ANNEX 5
Proposal for a Council Regulation .
 ---pagebreak---                                                         Proposal for a
                                   COUNCIL REGULATION (EEC)
              establishing ceilings and Community supervision for imports of certain products
                                 originating in Algeria, Morocco and Tunisia ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
                                                             Whereas this objective may be achieved by means of
                                                             an administrative procedure based on setting off
                                                             imports of the products in question against the
                                                             ceilings at Community level, as and when these prod­
Having regard to the Treaty establishing the                 ucts are submitted to the customs authorities under
European Economic Community, and in particular               cover of declarations that they have been made
Article 113 thereof,                                         available for consumption ; whereas this administra­
                                                             tive procedure must make provision for the
                                                             reintroduction of customs tariff duties as soon as the
Having regard to the proposal from the Commission,           ceilings have been reached at Community level ;
Whereas the Interim Agreements between the                   Whereas this administrative procedure requires close
European Economic Community of the one part and              and particularly rapid cooperation between the
the People's Democratic Republic of Algeria, the             Member States and the Commission;' whereas the
Kingdom of Morocco and the Republic of Tunisia               latter must, in particular, be able to follow the
of the other part each stipulate in Article 2 that           progress of amounts set off against the ceilings and
products originating in these countries shall be             keep the Member States informed ; whereas this co­
imported into the Community free of customs duties;          operation must be all the closer in that the Com­
whereas, by way of derogation therefrom, Article 5           mission must be able to take adequate measures to
of each of these Agreements provides that the reduc­         reintroduce customs tariff duties whenever one of the
tion of duties shall apply to imports of the products        ceilings is reached.
listed therein only up to ceilings above which the
customs duties applicable to third countries may be
reimposed ; whereas the ceilings to be
applied in 1977 should therefore be
determined ;                                                 HAS ADOPTED THIS REGULATION :
                                                                                    Article 1
                                                                          January '
                                                             1 . From 1 / to 31 December 197 7imports of the
                                           W Hereas the      products originating in Algeria, Morocco and Tunisia
application of ceilings requires the Community to be         which are listed in Annexes I, II and III respectively
regularly informed of the trend of imports of the            shall be subject to annual ceilings and Community
relevant products originating in these countries;            supervision.
whereas imports should therefore be made subject to
a system of supervision;
                                                             The description of the products referred to in the
                                                             first paragraph, their tariff headings and statistical
                                                             numbers and the levels of the ceilings are given in
(') OJ No L 141, 28. 5. 1976.                                Annexes I, II and III.
 ---pagebreak---                                              - 2 -
 2. Amounts shall be set off against the ceilings as         graph 4 of imports effected in accordance with the
 and when products are submitted to the customs              above rules.
 authorities under cover of a declaration that they
 have been made available for consumption and               3. As soon as the ceilings have been reached, the
 accompanied by a movement certificate conforming            Commission may issue a Regulation reimposing the
 to the rules contained in the Protocols on rules of        customs duties applicable to third countries until the
 origin annexed to the                          Interim     end of the calendar year.
 Agreements between the Community of the one part
 and Algeria, Morocco and Tunisia of the other part.        4. Member States shall forward to the Commission
 However, in the case of products falling within            not later than the 15th day of each month statements
 Chapter 27, a certificate of origin may be substituted     of the amounts set off during the preceding month.
 for the movement certificate.
                                                            They shall, if the Commission so requests, make up
                                                            such statements for periods of 10 days and forward
Goods shall be set off against the ceiling only if the      them within five clear days from the expiry of the
movement certificate or, in the case of goods falling       preceding 10-day period.
within Chapter 27, the certificate of origin has been
submitted before the date on which customs duties                                 Article 2
are reimposed.
                                                            For the implementation of this Regulation the Com­
The reaching of a ceiling shall be determined at            mission shall take all necessary measures in close
Community level on the basis of imports set off             cooperation with the Member States.
against it as defined in the preceding subparagraphs.
                                                                                  Article 3
Member States shall inform the Commission at the
intervals and within the time limits specified in para­     This Regulation shall enter into force on 1 January 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 /
                  List of products originating in Algeria subject to import ceilings in 1977
                                                                                                              LctcI of
                      CCT                                                                      . Nimexe
   Order No                                                   Description      4                   Code        ceiling
                   heading No                                                                               (metric tons)
       i       I        2     I                                    3                        I       «     I       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. Medium oils :
                                       III. For other purposes                                 27.10–34,
                                                                                                  38, 39
                                  C. Heavy oils :
                                          I. Gas oils :
                                                                                                27.10–59
                                               c) For other purposes
                                         II. Fuel oils :
                                                                                                27.10–69
                                               c) For other purposes
                                        III. Lubricating oils ; other oils :
                                               c) To be mixed in accordance with the terms      27.10–75
                                                   of Additional Note 7 to this Chapter (a)
                                                                                                27.10–79
                                               d) For other purposes
                                I
IDZ1                  27.11        Petroleum gases and other gaseous hydrocarbons :                             1,155,C
                                   A. Propane of a purity not less than 99 % :
                                                                                                27.11–03
                                           I. For use as power or heating fuel
                                   B. Other :
                                           I. Commercial propane and commercial butane :
                                                                                                 27.11–19
                                                c) For other purposes
          \
                      27.12        Petroleum jelly
                                   A. Crude :
                                                                                                 27.12–19
                                         III. For other purposes
                                                                                                 27.12–90
                                   B. Other               ;
                       27.13       Paraffin wax, micro -crystallinewax, slackwax,ozokerite,
                                    lignite wax, peat wax and other mineral waxes, whether
                                    or not coloured :
                                    B. Other :
                                            I. Crude :
                                                                                                 27.13–89
                                                 c) For other purposes
                                                                                                 27.13–90
                                           II . Other
 H Em™ under *1, fading i, »bjec, «o condition, » be defined b, «he co^t .ufcoriuc
 ---pagebreak---                                       – 2 -
    OnIh No    ÇCT                               Dmcrlption
                                                                                          Nimcn
            headlng No                                                                     Code
       1         2                                    3                               i      *
IDZ1          27.14      Petroleum bitumen, petroleum coke and other residues
  (cont'd)               of petroleum oils or of oils obtained from bituminous
                         minerals :
                       ' C. Other :
                             II. Other                                                  27.14–99
IDZ2          45.02      Natural cork in blocks, plates , sheets or strips (including     45.02     51.5
                         cubes or square slabs, cut to size for corks or stoppers)       all Nos
IDZ3          45.03      Articles of natural cork                                         45.03    154.5
                                                                                         all Nos
IDZ4          45.04      Agglomerated cork (being cork agglomerated with or               45.04  2,060
                         without a binding substance) and articles of agglomer­          all Nos
                         ated cork
 ---pagebreak---                                                                      ANNEX 11
                              List of products originating in Morocco subject to import ceilings in 197 7
                            CCT                                                                               Nimexe
       Order No         hcading No                                     Description                              Code
           i         I       2                                             3                            |         <        i
                                                                                                         I
                                                                                                                             !
                           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. Medium oils :
                                               III. For other purposes                                      27.10–34,
                                                                                                              38, 39
                   i
                                           C. Heavy oils :
                                                 I. Gas oils :
                                                     c) For other purposes                                  27.10–59
                                                II. Fuel oils :
                                                     c) For other purposes                                  27.10–69
                                               III. Lubricating oils ; other oils :
                   !                                 c) To be mixed in accordance with the terms
                   i
                                                         of Additional Note 7 to this Chapter (a)           27.10–75
                   !                                 d) For other purposes                                  27.10–79
I MA 1                     27.11           Petroleum gases and other gaseous hydrocarbons':                                    183,750
                                           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
                                                                                                                                 m
      \                    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
(«) Entry under this subheading ii subject to conditions to be determined by the competent authorities.
 ---pagebreak---                    CCT                                                                     Nimtxc
     Order No   heading No                           Description                            Code
              I      2
                           I                             ?                                    4
I MA 1            27.14      Petroleum bitumen, petroleum coke and other residues
   (cont'd)                  of petroleum oils or of oils obtained from bituminous
                             minerals :
                             C. Other :
                                 II. Other                                               27.14–99
I MA 2            45.02      Natural cork in blocks, plates, sheets or strips (including   45.02     51.5
                             cubes or square slabs, cut to size for corks or stoppers)    all Nos
I MA 3            45.03      Articles of natural cork                                      45.03    618
                                                                                 •  '
                                                                                          all Nos
I MA 4            45.04      Agglomerated cork (being cork agglomerated with or            45.04  2,060
                             without a binding substance) and articles of agglomer­       all Nos
                             ated cork
 ---pagebreak---                                                                      AiNNJtA lit
                                List of products originating in Tunisia subject to import ceilings in 197 7
                            CCT                                                                                     Nimexe
      Order No           heading No                                    Description                                   Code
           i          1       »          I                            __J                                   I          4
                           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                                       27.10–1S,
                                                                                                               17,21,25 , 29
                                             B. Medium oils : .
                                                 III. For other purposes                         '      ■ i     27.10–34 ,
                                                                                                                   38 , 39 ■
                                             C. Heavy oils :
                                                   I. Gas oils :
                                                       c) For other purposes                                    27.1Ô–59
                                                  II. Fuel oils :
                                                       c) For other purposes                                    27.10–69
                                                                                                            i
                                                 III. Lubricating oils ; other oils :                       I
                                                       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
I TN 1                     27.11             Petroleum gases and other gaseous hydrocarbons :                                183,750
                                             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 :
                                                                                                            i
                                             A. Crude :
                                                 III. For other purposes                                    i 27.12–19
                                             B. Other                                                         • 27.12–90
                                       j                                                                         .
                          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                                                                     Nimcxt'
    Ordet No hudlHg No                          PMcrlpilen                               Cod*
    ,    1       2
                       I                             3                                     4
ITN 1          27.14     Petroleum bitumen, petroleum coke and other residues
  (cont 'd)              of petroleum oils or of oils obtained from bituminous
                         minerals :
                         C. Other :
                             II. Other                                        ;       27.14–99
ITN 2          45.02     Natural cork in blocks, plates, sheets or strips (including    45.02    51.5
                         cubes or square slabs, cut to size for corks or stoppers)     all Nos
ITN 3          45.03     Articles of natural cork                                       45.03    51.5
                                                                                       all Nos
ITN 4          45.04     Agglomerated c6rk (being cork agglomerated with or          .  45.04   824
                         without a binding substance) and articles of agglomer­        all Nos
                         ated cork