CELEX: 51982PC0625
Language: en
Date: 1982-10-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community preferential ceiling for certain petroleum products refined in Turkey and establishing Community supervision of imports thereof (1983) (submitted to the Council by the Commission)

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COM (82) 625
Vol. 1982/0195
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(82)625 final
                                                    Brussels . 8 October 1982
                                 "■    J     " i
                         Y\;.       . "       /
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
 opening and providing for the administration of a Community preferential
 ceiling for certain petroleum products refined in Turkey and establishing
             Community supervision of imports thereof ( 1983 )
              ( submitted to the Council by the Commission )
 C0M(82 ) 625 final
 ---pagebreak---                    EXPLANATORY MEMORANDUM
As a consequence of the Accession of the next Member States and the
ensuring negotiations with Turkey for the purpose of adjusting her Associa­
tion 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 tonnes 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 1983 on
the basis of the Supplementary Protocol or of the Interim Agreement . The
proposed Regulation annexed hereto is base on the Interim Agreement and
would therefore have to be amended if the Supplementary Protocol entered
into force during the course of the adoption procedure .
The Commission is aware that this concession might be modified in the
context of a future negotiation with Turkey. In the absence of a decision
on this this proposal is an instrument which will allow respect of the
engagements contracted by the Community.
Therefore the Commission reserves the possibility of modifying this
proposal during the procedure to adapt it , if necessary , to the final result
of the negotiations .
 ---pagebreak---                                      - 2 -
2. As a result of the decision by the Council of Association in June 1983 that
   Tuikey should be trea'ed not less favourably than the countries benefiting
   from generalised 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 were fixed at the 1974 levels plus 12% ,
   for 1976 they were fixed at the J 975 level plus 15%, for 1977 at the 1976
   level plus (for the most pose) 4.6% , for 1978 , 1979 and 1980 at the 1977
   levels , for 1981 at the 1980 level plus 2%, for 1982 at the 1981 level plus
   10%, and for 1983 at the 1982 level plus 5% .
   When the problem had been studied , the Comission ultimately recognized
   that already 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
   tonnes laid down in Turkey's favour should be converted into a Community
   ceiling with the volume increased provisionally in the proportions used for .
   The only purpose of the proposed Regulation is to open in case of these
   products for 1983 a Community ceiling fixed at 539 570 tonnes and to set
   up Community supervision of importations of these products .
3. Adoption of precise common rules uniformy applied by the Member States
   will necessary if the ceilings system incorporating entitlement to reintro­
   duce 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 statistical date 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 free
   circulation .
 ---pagebreak---                                      - 3 -
   Statistics will be compiled by each Member State at the end of each month
   and will be forwarded to reach the Commission by the fifteenth 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 exercice of
   careful attention by the relevant departments in the Member States and
   for close cooperation between these departments and the Commission .
   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 Commission will inform the Member States and consultations 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 whn 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 or 5 days .
                                                                        e
   The Commission will thus be in a position to take quick action to rstore 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 .
k. The proposed Regulation provides that the Council should delegate authori­
   ty to the Commission as regards application of the rules on ceilings and
   introduction of duties .
 ---pagebreak---                                        - h -
    The proposed Reguk,+. ion only sketches a general framework for the
    exercice 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.
ANNEX : 1 Proposai for a Council Regulation.
 ---pagebreak---                                                  - - Proposa L for a
                                        COUNCIL REGULATION ( EEC) *
                 opening and providing for the administration of a Community preferential ceiling for
                 certain petroleum products refined in Turkey and establishing Community supervision of
                                                   imports thereof ( 19)6 )
 THE COUNCIL OF THE EUROPEAN                                     Malta, Morocco, Portugal. Syria, Tunisia or Tur­
 COMMUNITIES,                                                    key (J ); whereas, as a result, this Regulation applies
                                                                 to the Community of Nine ;
  Having regard to the Treaty establishing the Euro­
  pean Economic Community, and in particular                     Whereas the application of the ceiling requires that
  Article 1 1 3 thereof.                                         the Community should be regularly informed of the
                                                                 trend of imports of these producis retined in Tur­
  Having regard to the proposal From the Commis­                 key ; whereas imports of these products should
  sion,                                                          therefore be subject to a system of --. pervision ;
  Whereas, pending the entry into force of the Supple­           Whereas this object i \ - may be attan ed by means of
  mentary Protocol signed in Ankara on 30 June 1973              an administrative procedure base J on setting off
 containing the adjustments to be made to the Agree­             imports of the prodivts in question against 'he ceil­
 ment establishing an association between the Euro­              ing, at Community level, as and when these prod­
 pean Economic Community and Turkey and to the                   ucts are submitted to the customs authr>rn<-s under
  Additional Protocol ( ' ) consequent on the accession          cover of declaration - that they Inve He n m..de
 of new Member States, the Community has under­                  available for free cir.alation ; whereas t'lis <- dm!~iis-
 taken , in an Interim Agreement (2 ) which runs only            trative procedure musi make pre. ion for the r.'n-
 for a limited period prior to the entry into force of           troduction of the Cnmmcn Customs Tariff duty as
 this Supplementary Protocol, which is applicable                soon as ihe said ceiiirig has been 'sallied it Com­
 until   31    December      1974    but  which has   been       munity level ;
 extended for 198J in accordance with the terms laid
  down in Article 13 thereof, to implement certain               Whereas this adminisrative pi                    re" u . res
  provisions of the Supplementary Protocol relating to           close and very rap' . toocratiun i i»      a -, s v v-rr
  trade in goods ; whereas under Article 6 of the                ber State and the C • . nmission , winch r-:: , be a^L
  Interim Agreement amending the first paragraph of              to monitor the amounts set off again t          ■ cciiing
  the Sole Article of Annex I to the Additional Proto­           and keep the Me iber State* infor . id hereof'
  col, the Community must totally suspend the cus­               whereas this cooper, 'ion musi b* ali The c o r.- to
  toms duties applicable to certain petroleum prod­              enable the Commit ;n to take                   -n. <     res
  ucts falling within Chapter 27 of the Common Cus­              to reintroduce the        ^ mmon Custom - 7      . ff ddt ,
  toms Tariff, refined in Turkey, within the limit of an         whenever the ceilir      - reached .
  annual Community tariff quota of 340 000 tonnes :
  whereas, for the products concerned, a provisional
  adjustment should be made to these tariff prefer­              HAS ADOPTED TH-S REGULATI IN .
  ences, consisting essentially of substituting for the
  Community tariff quota a Community ceiling which
 amounts, after successive increases, to 539 5 70                                          Artide !
 tonnes, above which the customs duties applicable
 to third countries may be reintroduced :                        1 . From I January o 31 December              .r e Com­
                                                                 mon Customs' TanfT duties shall subject to
 Whereas, in accordance with Article 1 19 of the 1979            Article 2, be totall > suspended in ihe C on - - nit) >:
 Act of Accession, the Council adopted Regulation                Nine for certain petroleum pro-lacts, i •"•rred to
 ( EEC ) No 3555/80 of 16 December 1980 determin­                hereinafter and refined in Turkev wit.:in trie iimits
 ing the arrangements to be applied with regard to               of a Community ceiling of 539 j 7Q tonnes .
 imports into Greece, originating in Algeria, Israel,
                                                                 2. The petroleum products to which paragraph I
                                                                 applies are the following :
( ' ) OJ No L 293 , 29. 12. 1972, p. 4.
(') OJ No L 277, 3. 10. 1973. p. 2.                             (>) OJNoL382.3l.l2.l980.pl .
 ---pagebreak---                                                            Des . : tniior
                    Petroleum oils ano oiis obtained from bituminous minerals other than crude ;
                    preparations nor els ** here specified or included , containing not less than 70%
                    by weight of petroleum oil or of oils obtained Irom bituminous minerals, these
                    oils being the basic constituents of the preparations :
                    A. Light oils :
                         1 1 !. 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 oils :
                                c) To be mixed in accordance with the terms of Additional Note 7 to
                                    this chapter (a)
                                d ) For other purposes
                    Petroleum gases and other gaseous hydrocarbons :
                    B.   Other :
                         I.     Commercial propane and commercial butane :
                                c) For other purposes
                    Petroleum jelly :
                    A. Crude :
                         III . For other purposes
                    B.   Other
                    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
                         II .   Other
                    Petroleum bitumen , petroleum coke and other residues of petroleum oils or of
                    oils obtained from bituminous minerals :
                    C. Other
( a ) Entry under this subheading is subject to conditions to be determined by (he competent
      authorities .
 ---pagebreak---                                                     - 3 -
3.   Imports of the petroleum products referred to in        may issue a Regulation reintroducing the Common
paragraph I shall be subject to Community supervi­           Customs Tariff duties applicable to third countries
sion .                                                       until the end of the calendar year.
4.    Imports of the products shall be set off against
the ceiling as and when they are submitted to the                                    Article 3
customs authorities under cover of a declaration
that they have been made available for free circula­         Member States shall forward to the Commission not
tion .                                                       later than the 15th day of each month a statement of
                                                             the imports effected during the preceding month. If
5. The extent to which the ceiling has been used             the Commission so requests , they shall forward this
shall be determined at Community level on the basis          statement, in respect of 10 day periods, within five
of the imports set off against it in the manner              clear days of the expiry of each such 10 day period .
defined in paragraph 4.
6.   Member States shall inform the Commission at                                    Article 4
the intervals and within the time limits specified in
Article 3 of any imports effected in accordance with         The Commission shall take all necessary measures
the above rules .                                            for the implementation of this Regulation in close
                                                             cooperation with the Member Slates.
                       Article 2                                                     Article 5
As soon as the ceiling referred to in Article 1 ( 1 ) has    This Regulation shall enter into force on 1 January
been reached at Community level , the Commission              198 3 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                            For the Council
                                                                             The President