CELEX: 51975PC0329
Language: en
Date: 1975-07-02
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL for the opening and method of administration of a Community preference ceiling for certain petroleum products refined in Turkey and for establishing a Community surveillance system for imports of these products (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 329
Vol. 1975/0116
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 ---pagebreak---           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(75)329 final.
                                                       Brussels , 2 July 1975
                                        Proposal for a
                           ,    REGULATION ( EEC) OF THE COUNCIL
                 for the opening and method of administration of a Community
                 preference ceiling for certain petroleum products refined
                 in Turkey and for establishing a Community surveillance
                              system for imports of these products
                        ( submitted to the Council by the Commission)
COM(75 ) 329 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
                                                    \
. As a consequence of the Accession of the new   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 metric
  tons 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 measures
  laid down by these Agreements in Turkey 's favour should be granted
  for 1976 on the basis of the Supplementary Protocol or of the Interim
  Agreement , the validity of which would have to be prolonged . The
  proposed Regulation annexed hereto is based on the Supplementary
  Protocol and would therefore have to be amended if the Supplementary
  Protocol did. not enter into force on 1 January 1976 .
  As a result of the decision by the Council of Association in June 1973
  that Turkey should be treated no less favourably than the countries
  benefiting from generalized 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 1975 these volumes have been fixed at the 1974 levels plus 12$
 ---pagebreak---                                       2
     When the problem had been studied., the Commission ultimately recog­
     nized that 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 metric tons laid down in Turkey 's favour should "be conver­
    ted into a Community ceiling with the volume increased provisionally
    by 12 %. This volume would be subject to adjustment on the basis of
    the ceiling volumes opened for 1976 under the generalized system of
    tariff preferences . The adjustment could be made when the matter is
    being dealt with at Council level , if that would be possible , or else
    during 1976 .
    The only purpose of the proposed Regulation is to open in the case
    of these products for 1976 a Community ceiling fixed provisionally
    at 380 800 metric tons ( 340 000 tons + 12 %) and to set up Community
    supervision of importations of these products .
    The Member States 1 experts who attended the consultation meeting of
    the Group on Economic Tariff Problems ( 14/18 April 1975) expressed
    approval in principle of the proposed plan of action .
3 . Adoption of precise common rules uniformly applied by the Member
    States will be necessary if the ceilings system incorporating en­
    titlement to reintroduce the customs duties is to work successfully .
    These requirements can be met by setting up a Community system for
    supervising imports actually made from the partner country . Member
    States will accordingly require to take steps to ensure that statisti- .
    cal 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 home use .
    Statistics will be compiled by each Member State at the end of each
    month and will be forwarded to reach the Commission by the tenth day
    of the following month in order to enable it to communicate to Member
    States by telex an inclusive return of the imports system will call for
  ■ the exercise of careful attention by the relevant departments in the
    Member States and for close cooperation between these departments and
    the Commission .
 ---pagebreak---                                      3
    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 Commissi'on will inform the Member States and con­
     sultations 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 third-country rate when the ceiling has actually been reached .
    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 of five days .
    The Commission will thus be in a position to taJce 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 ending the duty reduction laid down .
4 . The proposed Regulation provides that the Council should delegate autho­
    rity to the Commission as regards application of the rules on ceilings
    and introduction of duties .
    The proposed Regulation only sketches a general framework for the exer­
    cise 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 .
ANTTEX : Proposal for a Council Regulation
 ---pagebreak---                             Proposal for
             Regulation ( EEC ) NO... /75 of the Council
          opening and providing for the administration of a
          Community preferential ceiling for certain petro^->
          leum products refined in Turkey and establishing
          Community cupervision of importations of these
         products
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ;
having regard to the proposal from the Commission ;
Whereas , tinder the terms of Article 7 of the Supplementary Protocol
signed in Ankara on 30 June 1973 containing the adjustments to be
made to the Agreement establishing an Association between the Euro­
pean Economic Community and Turkey , and to the Additional Protocol ,
consequent on the Acession of new Member States , the Community must
each year totally suspend the customs duties applicable to certain
petroleum products falling within Chapter 27 of the Common Customs
Tariff , within the limit of an annual Community tariff quota      of
340 000 metric tons ; whereas for the products concerned a provisional
adjustment of these tariff preferences should be made consisting basi­
cally in substituting for the Community tariff quota a Community cei­
ling amounting , after an increase of 12        to 380 800 metric tons ,
above which the customs duties applicable to third countries may be
reintroduced ; whereas this adjustment can be reviewed in the light
of any requirements , in the course of the year to which it applies ;
whereas in accordance with Article 9         the said Supplementary Proto­
col nil rates of duty are to be applied by the new Member States to
the products in question ;
 ---pagebreak---                                        2
   ;    whereas application of the ceiling system requires that the Community
 I       should be kept informed of the trend of imports of the said products
         refined in Turkey ; whereas it is therefore desirable to submit im­
         portations of these products to a system of supervision ;
        whereas this objective ray be attained by an administrative method
         based on charging at Community level to the ceiling importations of the
         products in question as and when the goods are entered with the customs
         authorities for home use ; whereas this administrative method must allow
         for the possibility of reintroducing the customs tariff duties when the
         said ceilings have been reached at Community level ;
I       whereas this administrative method calls for close and particularly
;        rapid cooperation between the Member States and the Commission , which
S        must in particular be able to keep under review charges made to the
j        ceiling and inform the Member States thereof ; whereas the need for the
f        Commission to be able_ to take measures to introduce the customs tariff
:        duties when the ceiling has been reached makes such close co-operation
r
I        particularly necessary ,,
         HAS ADOFTED THIS REGULATION :
                                     Article 1
     1 . Prom 1 January to 31 December 197° the Common Customs Tariff duties
         and the tariff duties of the new Member States will , subject to the
         provisions of Article 2 , be totally suspended for the petroleum pro­
         ducts , refined in Turkey , specified below , within a limit of a
         Community ceiling of 380 000 metric tons :
         CCT
     heading                           Description
         No
         1                                  2
     '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 pe­
                       troleum oil or of oils oibtained from bituminous minerals ,
                       these oi ^s being the "fc^sic constituents of the
                       Preparations :
 ---pagebreak---                                      3
      27.10        A. Light oils :
 ( continued)          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 bils :
                           c) To "be mixed in accordance with the terms
                              of Additional Note 7 to Chapter 27 (a)
                           d) For other purposes
      27.11         Petroleum gases and other gaseous hydrocarbons :
                    B. Other :
                        I. Commercial propane and commercial butane :
                            c) For other purposes
      27.12         Petroleum jelly :
                    A. Crude :
                        III . For other purposes
                    B. Other
      27.13         Paraffin wax , micro-crystalline wax , slack wax ,
                    ozokerite , lignite wax , peat wax and other mine­
                    ral waxes , whether or not coloured :
                    B. Other :
                        I. Crude :
                            c) For other purposes
                       II . Other
      27.14         Petroleum bitumen , petroleum coke and other resi­
                    dues of petroleum oils or of oils obtained from
                    bituminous minerals :
                    C. Other
Entry under this sub-heading is subject to conditions to be determined
by the competent authorities .
 ---pagebreak---                                       4
2 . Importations of the petroleum products referred to in paragraph 1
       shall "be subject to Community supervision .
* *
3 . Importations of the products shall be charged to the ceiling as
    . and when the goods are entered with the customs authorities for
      home use .                                                      .
4 . Determination at Community level of exhaustion of the ceiling shall
      "be on the basis of the importations charged under the conditions
      set out in paragraph 3 «
5 . The Member States shall inform the Commission of the importations
      made under the procedures described above at the frequency and
      within the time limits specified in Article 3 .
                                    Article 2
      When the ceiling referred to in Article 1 ( l ) has been reached at
      Community level the Commission may by regulation reintroduce customs
      duties until the end of the calendar year at the rate applicable
      to third countries .
                                    Article 3
      The Member States shall furnish the Commission not later than the
      tenth day of each month with returns of the charges made during the
       course of the previous month . At the request of the Commission these
       returns shall be made for ten day periods , and in this case the re­
       turns will reach the Commission within five days from the end of each
       ten day period .
                                  : Article 4
      The Commission shall , acting in close co-operation with the Member
       States , take all appropriate steps to ensure application of this
       Regulation *
 ---pagebreak---                             5
                        Article 5
This Regulation shall enter into force on 1 January 1976 .
         This Regulation shall he binding in its entirety
         and directly applicable in all Member States .
                                        For the Council ,
Done at Brussels ,
                                          The Président
          l