CELEX: 51975PC0143
Language: en
Date: 1975-04-08
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL establishing Community supervision of imports of certain products originating in the State of Israel (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (75) 143
Vol. 1975/0050
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(75)143 final.
                                                         Brus sel s , 8 April 1975
                                Proposai for a
                        REGULATION (EEC ) OF THE COUNCIL
      establishing Community supervision of imports of certain products
                      originating in the State of Israel
                ( submitted to the Council by the Commission )
  COM(75) 143 final .
 ---pagebreak---                             EXPLA1TAT0RY MEMORAIIDUM
1.   The Agreement concluded by the European Economic Community with the
State of Israel provides , in particular in the case of industrial products ,
for the phased abolition of Common Customs Tariff duties over a transitional
period extending until 1 July 1 977 •     Noirwithstanding this provision ,
special arrangements are laid down for a certain number of sensitive
products s   an annual ceiling may be imposed on the volume of such products
which may be imported at the preferential rate of duty .       When this
ceiling is reached the Community may reintroduce until the end of the
calendar year the customs duties applicable to third countries .       In
certain cases it is the basic duties which are to be applied ;      these are
the duties to which the reductions provided for in the Agreement apply .
The initial volumes of the annual ceilings operative for 1975 are fixed
by the Agreement itself .     However , if the Agreement does not enter into
force at the beginning of a calendar year these volumes are to be
adjusted on a prorata basis .
The ceilings are to be fixed annually and their levels increased by a
certain percentage .     They will be abolished not later than 31 December 1 979-
2.   The operation of the ceiling arrangements and the power to reintroduce
customs duties will necessarily require the adoption of detailed common
rales 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 taice 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 an EUR 1 movement certificate conforming to the rules
contained in the Agreement referred to under 1 .
 ---pagebreak--- These returns are to be made up by each Member State at the end of every
month and forwarded by the tenth 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 imports at a reduced rate of duty in
excess of the ceilings could cause disturbance of the Community market ,
it is absolutely essential that all Member States respect rigorously
the ten-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 consultations
could be held , for example in the Working Party on Economic Tariff
Problems , either at the request of a Member ?tate 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 reintroduction
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 reduction of duties provided for in the Protocols Ho 1 .
 ---pagebreak---                                                            GUD/ 1 41/ 75-E
3.   A3 far as application of the rule on ceilings awl 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 r
the machinery to he set in train may he 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 .
ÂrlNEXî
Proposai for a Council Régulation .
 ---pagebreak---                                                                ÂNNEX
                                  Proposal for a
                    REGULATION (EEC ) NO .     OP 2HE COUNCIL
                                      of
      establishing Community supervision of imports of certain products
                      originating in the State of Israel
  QHE COUÎTCIL OF THE EtJROPEAN C0MUNIÏTES ,
  Having regard to the Treaty establishing the European Economic Community,
  and in particular Article 113 thereof ;
  Having regard to the proposal from the Commission:
                                       1
  Whereas Article 2 of the Agreement "between the European Economic Community
  and the State of Israel signed on               , and Articles 1 and 2 of
  Protocol No .1 thereto make provision for the progressive abolition of
  custom? duties in respect of the products to which the Agreement applies ;
  whereas by way of derogation from those Articles , Article 5 of that
  Protocol provides that in the case of imports of certain products listed
  in Annex B to that Protocol the reduction of duties is to be limited to
  ceilings above which the customs duties applicable to third countries may
, be reintroduced; whereas , however, the Community may suspend totally
  or partially the application of such ceilings ; whereas the application
  of ceilings requires that the Community be regularly informed of the .
  trend of . imports of the products in question originating in Israel ; .
  whereas it is , therefore , desirable to make imports of such products
  subject to supervision;
  Whereas this objective may be achieved by means of an administrative
  procedure based on setting off , at Community level , imports of the products
  in question against the ceilings as and when the products are submitted
  to the customs authorities under cover of declarations that they are to be made
  available for consumption ; whereas such administrative procedure must make
  provision for the reintroduction of customs tariff duties as soon as the
  ceilings have been reached at Community level ;
  1 0J No L
 ---pagebreak---                                      - 2 -
                                                             AMEX
Whereas such administrative procedure requires close and particularly
rapid cooperation between the Member States and the Commission :    whereas
                                                                                    f
the latter must , in particular, be able to follow the progress of amounts
set off against the indicative ceilings and keep the Member States
                                                                                    >
infonnedj   whereas there is particular need for close cooperation as
the Commission must be able to take suitable measures to reintroduce .
customs tariff duties whenever one of the ceilings has been reached ;
Whereas the amounts indicatfidin Annex B to the said Protocol are annual
ceilings j wheroas f however, since the Agreement is to enter into force
on /! July 197^7 1      provision relating to prorata application is
operative ;
Whereas the trend of imports of certain products not subjeot to ceilings
should also be followed ;    whereas it is therefore desirable that imports
of such products should also be subject to supervision;
HAS ADOPTED . TKIS REGRJLATIQtls
                                   Article 1
1 , From /l July 197^7 until 31 December 1975 » imports of products originating
in Israel to which annual ceilings are. applied in accordance with Article 5* Par# 2t
of and Annex B to Protocol No 1 to the Agreement between the European
Economic .Community and the State of Israel shall be subjected to Community
supervision ;      –
The description of the products referred to in the preceding subparagraph,
their tariff headings and statistic numbers; and the levels of the ceilings
are given in Annex I.
                                                                        0 I •>
 ---pagebreak---                                      - 3 -
                                                               AMEX
         «
2.  Amounts shall be sat off against the ceilings as and when products
are submitted to the customs authorities tinder cover of a declaration
that they are to he made available for consumption and accompanied by
a movement certificate conforming to the rules contained in Protocol No 3
to the Agreement referred to in paragraph 1 .
Goods shall be set off against the ceiling only if the movement certificate
has been submitted before the date on which customs duties are reimposed.
The reaching of a ceiling shall be determined at Community level on the
basis of imports set off against it in the- manner defined in the preceding
subparagraphs .
The Member States shall inform the Commission at the intervals and within
the time limits specified in paragraph 4 below 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, until the end of the calendar year, the customs
duties specified in Articles 2 and 5(6 ) of Protocol No 1 to the Agreement .
4.  Member States shall forward to the Commission not later than the tenth
day of each month statements of the amounts set off during the preceding
month .    They shall , if the Commission so requests , make up such
statements for periods of ten days and forward them within five clear
days of expiry of the preceding ten-day period.
                                                                     •A
 ---pagebreak---                                   - 4 -
                                                                ANliEX
                             " Article 2'     '
During the period from /l July 197^7until 31 December 1 975 * imports of
the products referred to in Annex IX which originate in Israel shall be
subjected to Community supervision.
Member States shall forward to the Commission not later than the tenth   .. ;
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 they are to be made
available for consumption and accompanied by a movement certificate
conforming to the rules contained in Protocol No 3 to the Agreement
referred to in Article 1 shall be talcen into consideration for this purpose .
                               Article 3
For the implementation of this Regulation the Commission shall take all
necessary measures in close cooperation with the Member States .
                                       4   '    '     ...... .1  ,         i
                               Article 4
This Regulation shall enter into force on         July 1975J
This Regulation shall be binding in its entirely and directly applicable
in all Member States .            ....            , .                         -
Done at Brussels ,                                    Por the Council
                                                       The Président
 ---pagebreak---                . .. .                 ;                 annsx i
                    LIST' OHV PRODUCTS- $UBJ3CT , TO , INDICATE CEILINGS UPON IMPORTATION
            ■ '           • '        -         i.      IN 1975 '                        .
 Order     CCT                                         Description     Nimexe       Level of ceiling
■ No   heading No           -                                            Code       - metrc tons –
   1         2                                              3              4                5
        ( 27.10            Petroleum oils , and oils obtained
         .                 from bitummous minerais , other than
        '                  crude ; préparations not elsewhere
        (                  specified or included, containing not
         .                 less than 70 fo by weight of petroleum
        v                  oils or of oils obtained from bitumi­
        (                  nous minerais, those oils being th.©
        .                 basic constituents of the prepara­
        *                  tions :
        v                  A. Light oils :                                          )
        a
        '                         III . Por other purposes            27.10 - 15 ,  )
       ^•
        »
                           B. Médium oils ï                           17,21,25,29   )
        *                         III . Por other purposes            27.10 -r 34 , )
       (                   C. Eeavy oils :                            38,39         ) ,
       ^»
                                  I. Gas oil :                                      )
       *                                c ) Por other purposes •      27.10 - 59 .  )
       f                                                                            \
       V                                                                            ;
       /                         II . Puel oil :
       >                                  .                                         j
       /                                c ) Por other purposes        27.10 - 69
                                                                                    i
       f                      III . Lubricating oilsj other oils :
                                                                                    /
       f                       .        c ) To be mixed in accordance   >
       *                                    with the terms of Addi­
I IL 1 (                                    tional Note 7 to Chapter                  300,000
       (                                    27 (a)                    27.10 - 75
       t                                d) Por other purposes         27.10 - 79
                                                                                                     \
       x 27.11            Petroleum gases and other gaseous
       (               •>
                          hydrocarbons j          >• *
       (                  A. Propane of a purity of 99 % or
       ç                          more s
       /                          I. Intended to be used as mot or
       ^                                or other fuel                 27.11 - 05
 ---pagebreak---                                                      2
    1              2                               , 34                                    5
                                                                                     "       , ■
    ■ ■■ (                3 . Other s
            (                  I. Commercial propane and com-
        ... (    ,  . ,
                                   mercial butane .i   .
            \
                                   c ) For other purposes               27.11 - 19 v
              27.12       Petroleum jelly :
                          A. Crude î
                               III , Por other purposes                 27.12 - 19 '
                          B. Other                                      27.12 - 90 ^
            \
              27.13       Paraffin wax , micro-crystalline
                          wax, slack waxr ozokerite ,
                          lignite wax, peat wax and other
                          mineral waxes , wether or not
                          coloured :
                          B. Other :
                             . I . Grude :
                                   c ) Por other purposes               27.13 - 89 j
                             II . Other                                 27.13 - 90 \
            ( 27.14       Petroleum bitumen, petroleum
                        • coke and other residues of
                          petroleum oils or of oils
                          obtained from bituminous
                          minerals :                         . . 1.
                          C. Other :
                               II . ITot specified "                    27.14 - 99
I IL 2        29.02       Halogenated dérivât ives of
                          hydrocarbons :
                          A. Halogenated dérivât ives of
                               acyclic Içrdrocarbons :    -j     .  ; ,
                               III . Bromides and polybromides          29.02 - 40     900
 ---pagebreak---                                         3
    42.03       Articles of apparel and clothing
                accessories , of leather or of
                composition leather :
                B. Gloves , including mittens and
                   mitts                              42 « 03 - 21 ,
                                                      25,27,28         1.5
    55.05       Cotton yarn, not put up for retail
                sale                                  55*05 -        450
                                                      all Nos
    55*09      Other woven fabrics of cotton          55»09 -        200
                                                      ail Los
    60.03      Stockings , under stockings , socks ,  60.03 -         50
               ankle-socks , sockettes and the        all ITos
                like , knitted or crocheted, not
                elastic nor rubberised
    60.05       Outer garments and other articles ,   60 . 05 -      225
               knitted or crocheted, not elastic      all Nos
               nor rubbensed
( a) Entry under this subheading is subjeot to conditions
     to be determined by the competent authorities .
 ---pagebreak---                                        AFFIJEX II
                     4 •      *»
                    LIST OF PRODUCTS REFERRED TO EI ARTICLE 2
   CCT                                Description .                       Nimexe
heading Ho                                                                 Code
  28.01      Halogens (fluorine , chlorine , bromine
             and iodine ) :
             C. Bromine                                             23.01 -* 50
  25.10      Phosphorus pentoxide and phosphoric                    28.10 - 00
             acids (met a-, ortho- and pyro-)
  28.33      Bromides , oxybromides , bromates and                  28.33 - 00
             perbromates , and hypobromites .
                                                     v
           Ç      .      , *'    ' ..    '     '
  28.40      Phosphites, hypophosphit es and
           . phosphates :
             B. Phosphates :           * "        ■
                II . Other, including polyphosphates 28.40 - 50,62
                         - . :                         .            65,71,79,81,85
  29.16      Carboxylic acids with alcohol ,
             phénol , aldehyde or ketone function •
             and other single or complex oxygen-
             function carboxylic acids and their
             anhydrides , halides , peroxides and
             peracids , and their halogenates ,
             sulphonated , nitrated or nitrosated
             derivatives s
             A. Carboxylic acids with alcohol .                       *
                fonction :                               "      ' ■     •
                                           r
                III . Tartaric acid and its salts                   29 . 16 - 15,16,18
                         and esters
  31.03      Mineral or chemical fertilisers ,
             phosphatic :
             A. Mentioned in Note 2 .(A ), to
                this Chapt.er :                    '        ■
                I. Superphosphates                         ,. ! v 31.03 - 15
 ---pagebreak---                                                    2
      1       2                                    3                             4
II IL 7   39 «02          Polymérisation and. copolymerisation products
                        r ( for example , polyethylene, polytetrahalo- . ... .
  ...   ,                 ethylenes , polyisobutylene , polystyrene ,
                 "    "   polyvinyl chloride , polyvinyl acetate, poly­
                          vinyl chloroacetate and Vthdi1 polyvinyl
                   ■■     derivatives , polyacrylic and polymethacry­
                          lic derivatives , coumarone-indene -reins )     .
                          C. Other :
                            ' VII . Po]jrvinyl chloride                       39.02 - 52,53,55
                                                                             56 , 58,62 . 64,66
II IL 8   42.02           Travel goods ( for example, trunks , suit­
                        \ cases , hatboxes , travelling-bags , ruck­
                          sacks ), shopping-bags , handbags , satchels,
                          brief-cases , wallets , purses , toilet-
                          case^ tool-cases , tobacco-pouches , sheaths , •
                          cases , boxes ( for example , for arms ,
                          musical instruments , binoculars , jewellery,
                          bottles , collars , footwear, brushes ) and
                          similar containers , of leather pr of
                          composition leather, of vulcanised fibre ,
                    .. of artificial plastic sheeting , of
                          paperboard or of textile fabrio :
                          ex B. Of other materials ï
                                 - Of natural leather                        42.02 - ex 21 ,
                                                                               ex 31 , ex 41 ,
                                             ■  •                              ex 51 . ex 81
II IL 9   42.03           Articles of apparel and clothing acces­
                          sories , of leather or of composition
                          leather s
                          A. Articles of apparel                 "           42.03 - 21,25 ,
           :                                                                 27,28
                          C. Other clothing accessories                      42.03 - 51*59
II IL 10  51.04           Woven fabrics of man-made fibres                   51 »°4 - all Nos
                          continuous ), including woven fabrics
                          of monofil or strip of heading No        '    .
                          51.01 or 51.02                       -a r .-
 ---pagebreak---                                        3
     1      2                          3                   4
 II IL 11 56.05 Yarn of man-made fibres ( continuous or   55.05 - ail Nos
                waste), not put up for retail sale
II IL 12  56.07 Woven fabrics of man-made fibres          56.07 - ail NOS ,
                ( discontinuous or waste )
II IL 13  70.05 Unworked drawn or blown glass ( including 70.05 - ail Nos
                flashed glass ), in rectangles
II IL 14  76.03 Wrought plates , sheets and strip , of    76.03 - ail Nos
                aluminium