CELEX: 51977PC0092
Language: en
Date: 1977-03-28
Title: Proposal for a COUNCIL REGULATION (EEC) establishing ceilings and Community supervision for imports of certain products originating in Egypt, Jordan, the Lebanon and Syria (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (77) 92
Vol. 1977/0037
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(77)92 final
                                                 Brussels , 28 March 1977
                                  Proposal for a
                              COUNCIL REGULATION ( EEC )
                establishing ceilings and Community supervision
                for imports of certain products originating in
                     Egypt , Jordan , the Lebanon and Syria
                   ( submitted to the Council by the Commission )
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C0M(77 ) 92 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1 . The Interim Agreements to be concluded by the European Economic
    Community with Egypt , Jordan , the Lebanon and Syria will probably
    enter into force the 1 July 1977 .   They provide for the total
    suspension of customs duties for goods originating in these
    countries and imported into the Community , as from this date .
    Notwithstanding this provision , special arrangements are laid
    down for a certain number of sensitive products : annual ceilings
    may be imposed on the volume of such products . When a ceiling
    is reached the Community may reintroduce until the end of the
    calendar year the customs duties applicable for the goods in
    question to third countries .
                                              V
    The initial volumes of the annual ceilings operative for 1977 are
    fixed by the Agreements themselves . In the case that the date
    of entry into force does not coincide with the beginning of the
    calendar year these ceilings would be applicable "pro rata temporis".
    The ceilings are to be fixed annually and their levels increased
    by 5% . 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 adopted 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 Problems , either at the request of a Member State or the Commission 's
 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 reintroduc tion 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 :
Proposal for a Council Regulation *
 ---pagebreak---                                                           Proposal for a
                                             COUNCIL REGULATION (EEC)
                        establishing ceilings and Community supervision for imports of certain products
                        originating in Egypt , Jordan , the Lebanon and Syria ( 1977 )
THE COUNCIL OF 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 the Interim Agreements ( 1 ) between the European Economic
Community of the one part and the Arab Republic of Egypt , the
Hashemite Kingdom of Jordan , the Lebanes Republic and the
Syrian Arab Republic of the other part each stipulate in
Article 2 that products originating in theje countries shall
be imported into the Community duty free _/ as from 1 July _
19 77_/ J_ as from the entry into force of these Agreements_/;
whereas, by way of derogation therefrom, Article 7
 of each of these Agreements provides that the reduc­
 tion of duties shall apply to imports of the products
 listed therein only up to ceilings above which the
 customs duties applicable to third countries may be
 reimposed ; whereas -the entry into force
of these Agreements is provided for ~
on                             1977 ;
 whereas the pro rata temporis clause shall apply;
 whereas the ceilings to be applied from
 1977 should therefore be determined ; whereas the
 application of ceilings requires the Community to be
 regularly informed of the trend of imports of the
 relevant products originating in these countries;
 whereas imports should therefore be made subject to
 a system of supervision;
   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
   ucts are submitted to the customs authorities under
   cover of declarations that they have been made
   available for consumption; whereas this administra­
   tive procedure must make provision for the
   reintroduction of customs tariff duties as soon as the
   ceilings have been reached at Community level;
                                                                                                 •••/I
  ( 1 ) OJ No L
 ---pagebreak--- 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
operation must be all the closer in that the Com­
mission , must be able to take adequate measures to
reintroduce customs tariff duties whenever one of the
ceilings is reached.
 Whereas rhe trend of imports of certain products not
 subject to ceilings s'hould also be followed ; whereas
 it is Therefore desirable that imports of such products
  should also be subjected to a system of supervision,
HAS ADOPTED THIS REGULATION:
                         Article 1
1 . From 1         to 31 December 1977 imports of the
products originating in Egypt , Jordan , the Lebanon and Syria
which are listed in L i st s A of Annexes I , II , III and IV respectively
shall be subject to annual ceilings and Community
 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
 Lists A of Annexes I , II , III and IV ( 1 ).
  2. Amounts shall be set off against the ceilings as
   and when products are submitted to the customs
   authorities under cover of a declaration that they
   have been made available for consumption and
   accompanied by a movement certificate conforming
   to the rules contained in the Protocols on rules of
   origin annexed to the                          Interim
   Agreements between uic community of the one part
   and Egypt , Jordan , the Lebanon and Syria of the other part .
   However, in the case of products falling within
   Chapter 27, a certificate of origin may be substituted
   for the movement certificate.
   Goods shall be set off against the ceiling only if the
   movement certificate or, in the case of goods falling
   within Chapter 27, the certificate of origin has been
   submitted before the date on which customs duties
   are rcimposed.
    ( 1 ) The* .iivuntrt o1 the ceilings are calculated "pro rata tercporis
          for the period from 1 July to 31 December 1977 .
 ---pagebreak---                                                  - 3 -
The reaching of a ceiling shall be determined at
Community level on the basis of imports set off
against it as defined in the preceding subparagraphs.
Member States shall inform the Commission at the
intervals and within the time limits specified in para­
graph 4 of imports effected in accordance with the
above rules.
3 . As soon as the ceilings have been reached, the
Commission may issue a Regulation reimposing the
customs duties applicable to third countries until the
end of the calendar year.
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.      v
 They shall, if the Commission so requests, make up
 such statements for periods of 10 days and forward
 them within five clear days from the expiry of the
 preceding 10-day period.
                         Article 2
 From 1            until 31 December 1977, imports of
 the products referred to in the lists B of Annexes I , II , III and IV which originate in
 Egypt , Jordan , the Lebanon and Syria shall be subjected to Community supervision .
 Member States shall forward to the Commission, not
 later than rhe 15rh day of each month, statements of
 imports of the products in question effected during
 the preceding month ; only products submitted to the
 customs authorities under cover of a declaration that
 rhey are to be made available for home use and
 accompanied by a movement certificate conforming
 to the rules contained in the Protocols on rules of origin annexed to the Interim
Agreements .
                         Article 3
  For the implementation of this Regulation the Com­
 mission shall take all necessary measures in close
  cooperation with the Member States.
 ---pagebreak---                                   - 4 -
                            Article 4
The Member States shall forward to the Commission ,
within the 45 days following the publication of
this Regulation in the Official Journal of the
European Communities , a copy or a photocopy of
the provisions they have made in order to apply
this Regulation .
                            Article 5
This Regulation shall enter into force on
1                          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
                                                                      LIST A
                         List of products originating inf£gyp£ subject to import ceilings in 197 7
                             CCT                                                                               Nimexe
       Order No
                          heading No                                    Description                      |      Code
            i          I       »           I                                 ?                           :I        4    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
                                              bituminou.s 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 :
                                        i
                                                  III. For other purposes                                    27.10–34,
                                                                                                               38 , 39
                                              C. Heavy oils :
                                                    I. Gas oils :
                   i
                                         |             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
                                                          of Additional Note 7 to this Chapter (a)           27.10–75
                                                       d) For other purposes                                 27.10–79
  ET 1                     27.11             Petroleum gases and other gaseous hydrocarbons :                             225,000
                                             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---                                           ANNEX I
                                          LIST A(cont 'd )
                    CCT                                                                  Niincxe
      Order No   heading No                           Description                         Code
               I      '     I                              ?                         I       *
   I ET 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 ET 2         31.03        Mineral or chemical fertilizers /                        31.03-    17,500
                              phosphati c                                              all Nos
  I ET 3         55.05        Cotton yarn , not put up for v retail                    55.05-     3 / 500
                              sale                                                     all Nos
  I ET A         55.09        Other woven fabrics of cotton                            55.09-     1,625
                                                                                       all Nos
 ---pagebreak---                                              ANNEX I
                                              LIST B
                                      List of products referred to in Article 2 Of i g i nat 1 ng in Egypt
                   CCT                                                                                   Nimcxc
   Order No
                heading No                                  Description                                   code
       1             2
                           I                                    3                                          4
            II             l                                                                         '
II ET 1        28 . AO       Phosphites , hypophosphites and phosphates :
                             B. Phosphates ( including polyphosphates ) :
                                II . Other                                                             28.40 - 30,62,65
                                                                                                         71,79,81,85
II ET 2        76.01         Unwrought aluminium ; aluminium waste and scrap                           76.01 - all Nos
II ET 3        76.02         Wrought bars , rods , angles , s'hapes and                                76.02 - all Nos
                             sections , of aluminium ; aluminium wire
II ET 4        76.03         Wrought plates , sheets and strip , of                                    76.03 - all Nos
                             aluminium
II ET 5        76.04         Aluminium foil ( whether or not embossed , cut                            76.04 - all Nos
                             to shape , perforated , coated , printed , or
                             backed with paper or other reinforcing
                             material ), of a thickness ( excluding any
                             backing ) not exceeding 0-20 mm
 ---pagebreak---                                                     ANNEX II
                                                    LIST A '
                    List of products originating in Jordan subject to import ceilings in 197 7
                 CCT                                                                       Nimcxe       Level of
  Order No    heading No                              Description                           Code         ceiling
                                                                                                    i (metric tons)
           i
                            !
      i            2        |                             3                            I      <             5
           i               il                                                         I'          i
I J0R 1      55.09            Other woven fabrics of cotton                              55.09-          50
                                                                                         all Nos
 ---pagebreak---                                                   ANNEX II
                                                  LIST B
                                       List of products referred to in Article 2 0 r i'g i nat 1 ng in   Jordan
                   CCT                                                                                      Nimexe
   Order No                                                  Description
                heading No                                                                                   code
      1              2                                           3                                            4
            Ii             i                                                                           I
II JOR 1        28,40         Phosphites , hypophosphites and phosphates ;
                              B. Phosphates ( including polyphosphates ) :
                                  II , Other                                                              28.40 - 30,62,65
                                                                                                             71,79,81,85
II J0R 2       31.03          Mineral or chemical fertilizers , phosphatic :                               31.03 - all Nos
               31.05          Other fertilizers ; goods of the present Chapter
                              in tablets , lozenges and similar prepared forms
                              or in packings of a gross weight not exceeding
                              10 kg :
                              A.  Other fertilizers            :
II J0R 3                          I. Containing the three fertilizing
                                      substances : nitrogen , phosphorus
                                      and potassium                                                        31.05 - 04 , 06
II J0R 4                         II . Containing the two fertilizing
                                      substances : nitrogen and
                                      phosphorus                                                           31.05 - 12,14,16,19
II J0R 5       55.05          Cotton yarn , not put up for retail sale                                     55.05 - all NoNos
                                                                                                                           :
II J0R 6       76.01         Unwrougbt aluminium ; aluminium waste and scrap                              76.01 - all Nos,
II J0R 7       76.02         Wrought bars , rods , angles , shapeis and                                   76.02 - all Nos,.
                             sections , of aluminium ; aluminium wire
II J0R 8       76.03         Wrought plates , sheets and strip , of                                       76.03 - all Nosi
                             aluminium
II J0R 9       76.04         Aluminium foil ( whether or not embossed , cut                               76.04 - all Nos
                             to shape , perforated , coated , printed , or
                             backed with paper or other reinforcing
                             material ), of a thickness ( excluding any
                             backing ) not exceeding 0-20 mm
 ---pagebreak---                                                     ANNEX HI
                                                    LIST A
                       List Of products ong.nat.ng m the Lebanon subject to import ceilings in 1977
                   CCT                                                           Nimcxe      Level of
   Order No                                           Description                             ceiling
                hfnding No                                                        Co<lc
                                                                           i
                                                                                          ( metric tons)
                                                                           '
            1        i        |I                          3               I         4            s
            Ii               iI                                           II            I
I RL 1         31.03             Mineral or chemical fertilizers ,           31.03-       7,500
                                 phosphati c                                 all Nos
I RL 2         55.09             Other woven fabrics of cotton               55.09-            100
                                                                             a 1 1 No s
                                                                      V
 ---pagebreak---                                                        ANNEX         III
                                                         LIST B
                    List of products referred to in Article 2 originating in the                              Lebanon
                                                                                                              Nimexe
                 CCT
  Order No                                               Description                                            code
              heading No
      i            2        I               ;                ?                                                    4
           II              I
II RL 1       28,40            Phosphites , hyp,ophosphites and phosphates :
                               B. Phosphates ( including polyphosphates ) j
                                     II . Other                                                              28 . 40 - 30,62,65
                                                                                                                71,79,81,85
II RL 2        42.02          Travel goods (for example, minks, suit-cases, hat-boxes, travelling-buns,
                              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, collsm,
                              footwear, brushes) and similar containers, of leather or of composition
                              leather, of vulcanised fibre, of artificial plastic sheeting, of paperboaud    42.02 - all Nos
                              or of textile fabric :
II RL 3        55.05           Cotton yarn , not put up for retai l sale                                     55.05 - ali Nos
II RL 4       76.01            Unwrought aluminium ; aluminium waste and $r,rap                              76.01 - all Nos
II RL 5       76.02            Wrought bars , rods , angles , shapes and                                     76.02 - all Nos
                               sections , of aluminium ; aluminium wire
II RL 6       76.03            Wrought plates , sheets and strip , of                                        76.03 - all Nos
                               aluminium
II RL 7       76.04            Aluminium foil ( whether or not embossed , cyt                                 76.04 •» all Nog
                               to shape , perforated , coated , printed , or
                               backed with paper or other reinforcing
                               material ), of               thickness ( excluding any
                               backing ) not exceeding 0-20 mm
 ---pagebreak---                                                                       ANNEX IV
                                                                     . LIST A
                                 List of products originating in Syr i a subject to import ceilings in 197 7
       - .                   CCT                                             . .                                Nimcxe      Lcvfl «>
       Order No          heading No                                     Description                              Co<lc       ceiling
                                                                                                                          (metric tuns)
           I                   2        |                                   3                             |        4    I       5
                            27.10           Petroleum oils and oils obtained from bituminous
                                            minerals , other than crude ; preparations nor 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 :                         '
                                                                                                        ν
                                                III. For other purposes                                      27.10–15 ,
                                                                                                            17,21,25,29
                                            B. Médium oils :
                                               III. For other purposes                                       27.10–34,
                                                                                                               38 , 39
                                            C. Hcavy oils :
                                                  I. Cas oils :
                                                     c) For other purposes                                   27.10–59
                                                 II. Fuel oils :
                                                     c) For other purposes                                   27.10–<59
                                               IN. 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
I SYR 1                    27.11           Petroleum gases and other gaseous hydrocarbons :
                                           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           Para ffin wax , m icro-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---                                          ANNEX   IV
                                         LIST A (cont 'd)
                  CCT                                                                    Niim xe          ^ev < : of
    Order No                                         Description                                           ceiing
               heading No
                                                                                                        (metric ioiuI
        1    1      *       I                             3                           I     < 1 ' ■ –
                                                                                                      I       *
I   SYR 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
 I SYR 2        55.09         Other woven fabrics of cotton                             55.09-             250
                                                                                        ail Nos
 ---pagebreak---                                                     ΑΠΝΕΧ IV
                                                    l:[st s
                                          list of profit* referred to in ArtjcU i originating in Syria
                                                      -,
                      cor                                                                            Nirc.:xe
    Ordct ;jJo                                                  Description
                   hcaduif No                                                                         code
        t              2                                           3                                    4
               I Γ            I                                                              '  |I
II SYR 1           28,40         Phosphites , hypophosphites ^nd phosphates {
                                 B. Phosphates ( including polyphosphates ) :
                                     II , Other     .                                              28.40 - 30,62,65
                                                                                                     71,79,81,85
 II SYR 2          31.03         Mineral or chemical fertilizers , phosphatic :                    31.03 - all Nos
                   31.05         Other fertilizers ; goods of the present Chapter
                                 in tablets , lozenges and similar prepared fprms
                                 or in packings i^f a gross weight not exceeding
                                 10 kg :
                                 A. Other fertilizers :
II SYR 3                            I , Containing the three fertilizing
                                         substances : nitrogen , phosphorus
                                         and potassium                                             31.05 - 04,06
II SYR 4                           II . Containing the two fertilizing
                                         substance ? : nitrogen and
                                         phosphorus                                                31.05 - 12,14,16,1
II SYR 5          55.05          Cotton yarn , not put up for retail sale                          55.05 ■* all Nos
II
II SYR
    SYR 66        76.01
                  76.01         Unwrought aluminium; aluminium waste and scrap                     76.01      all No s,
II SYR 7          76.02         wrought bars , rods , angles , shapes and                          76.02      all No u
                                sections , of aluminium ; aluminium wire
II SYR 8          76.03         Wrought plates , sheets and strip , of                             76.03      all Nos
                                aluminium
II SYR 9          76.04         Aluminium foil ( whether or not embossed, cpt                      76.04      all Nos
                                to shape , perforated, coated , printed , or
                                backed with paper or other reinforcing
                                material ), of a thickness ( excluding any
                                backing ) not exceeding 0-20 mm