CELEX: 51977PC0488
Language: en
Date: 1977-10-13
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 of these products (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 488
Vol. 1977/0152
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(77)488 final.
                                                       Brussels , 13 October 1977
                                  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 of these products
                  ( submitted to the Council by the Concussion)
CO::(77 ) 483 final .
 ---pagebreak---                               EXPLANATORY MEMORANDUM
  1 * 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 vfith 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 th? Protocol the Community conoluded 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 motrio
       tons for oertain 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 1978 on the basis of the Supplementary Protocol or of tho Interim
      Agreement , the validity of whioh would have to be prolonged . The
      proposed Regulation annexed horeto is based on the Interim Agreement
                 end would therefore have to be amended if the Supplementary
      Protocol entered into force before 1 January 1978 .
 2» As a result of the decision by the Counoil of Aesooiation in June 1973
. that Turkey should be treated no less favourably than the countries
      benefiting from generalized tariff preferences , the Commission and the
      Turkish autherities 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 ths years 1971 "to- 1973 were converted with effect from 1 January
      1974 into Community oeilings , volumes being oaloulated by the usual
      method. For 1975 these volumes were          fixed ai tho 1974 lovola plus 12$,
           for 1976 they were fixed at the 1975 level plus 15$ , for 1977 at
      the 1976 level , plus ( for the most pose ) 4.6% and for 1978 at the 1977
  . levels *     v;.            ,..                " .'
 ---pagebreak---           When the probl^m^had been studied, the Commission ultimately recog^
          niaed that /For 1976 , In view of the provisions of paragraph 4 of the
         Sole Article of Annex 1" to the Additional Protocol , the tariff quota
          of 340 000 motrio tons laid down in Turkey 1 s favour should "be oonver~
         tod into a Community ceiling with the Volume increased provisionally
          in the proportions used for «
         Tie only purpose of the proposed Regulation is to open in the case
         of these products for 1978 a Community ceiling fixed
        at 4_>8 000 metric tons                          ^   -t 0 BQ^ Up Community •
         supervision of importations of these products .
        The Member States' experts who attended the consultation meeting of
        the Group on Economio Tariff Problems (13/ 14 April 1977 ) expressed'
        approval in principle of the proposed plan of action , with the
        exception of those of some Member States who made a waiting reserve .
3» Adoption of preoise oommon rules uniformly applied "by the Member
     States will be necessary if the ooilings system incorporating en­
     titlement to x'eintrpduce tho oustoms duties is to work successfully#
     These requirements can be met by setting up a Community system for
     supervising imports actually made from tho partner country. Member
     States will accordingly require to take steps to ensure that statisti- .
     cal data for the whole of the Community can be oolleoted rapidly.
     For this purpose importations will be counted only as the goods are
     actually entored with the customs authorities for home use .
    Statiatics 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 exorcise of careful attention V the relevant departments in the
        ber Stages find for olose cooperation between these departments and
   "the Commission .                      v  11         > '
 ---pagebreak---                                        •s.
     The. following system will "be adopted for setting off the mechanism
      for reintroducing duties s 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 con­
     sultations may then "be held - particularly in tho Group on Economic
     Tariff Problems - eithor at the request, of a Member State or on tho
     initiative of the Commission * The purpose of the consultations will
     be to consider whether or net to recommence collecting' customs duties
     at the third-count jy rate wht*n the ceiling has actually been reached .
    A monthly return will continue to be made for tho product in question .
    It the Commission eo request e , returns will be made every ten days
    by telex , within a time limit of ton days *
    Tho Commission will thus be in a position to take quiok aotion to
    restore by regulation customs duties on imports from the partner
    country until the end of tha calendar year . Naturally , in suoh a case
    reintrodnction of the duties would be effective from a date fixed by the
    regulation ending the dirty redv.otion laid down »
4» The proposed Regulation provides that the Council should delegate autho­
   rity to the Commission m rog&rda application .of th© rules on ceilings
   end introduction of duties .
   The proposed Regulation only sketches a general framework for the exer-
   oise of these powers in order that tho mechanism to be used oan be
   flexibly and rapidly tvijuat-od^ in consultation with the Member States .
   It is precisely with thl® aia of optimuu efficiency and rapidity that
   the proposed Reflation givaa the Commission the task of reintroducing
   third-country rate duties on imports of the goods in question from the
   partner country . '
          Pjfoposfll for &        Ke/palation                   *
 ---pagebreak---                                Proposai for a
                           CCUiivTL REGULATION ( EEC )
               opening and providing for the administration of a
              Community preferential coiling for certain petro»r »
              leum products refined in Tvurk«y and establishing
              Community supervision of imports t bene of
   TIH5 COUNCIL OF TEE 3UP.0FEAK COMMUNITIES ,
   Having regard to the Treaty ee s&lOdshing thQ European Eoonoraio
   Oefminmity f ©rsd in partic,^ 1ax! Article 113 thereof., ""
• Waving regard to the proposal from the Oorsrnis'sion^ *
   Whereas ,, pending the entry into force 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
   European Economic Community and Turkey and to the Additional
   Protocol ( 1 ) consequent on the accession of new Member States ,
   the Community has undertaken , in an Interim Agreement ( 2 ) which
   runs only for the period prior to the entry into force of this
   Supplementary Protocol , which is applicable until 31 December 1974
  but which has been extended for 1978 in accordance with the
  terms laid down in Article 13 thereof , to implement certain
  provisions of the Supplementary Protocol relating to trade in
  goods ;     whereas under Article 6 of the Interim Agreement
   amending the first paragraph of . the Sole Article of Annex 1
  to the Additional Protocol , the Community must totally suspend
  the customs duties applicable to certain petroleum products
   falling within Chapter 27 of the Common Customs Tariff , refined
   in Turkey , within the limit of an annual Community tariff
  auota of 340 000 tonnes ;         whereas ,   for the products concerned
   a provisional adjustment       should be made to these tariff preferences ,
  consisting essentially of substituting for the Community tariff
  quota a Community ceiling which amounts , after successive increases ,
  to 4^8 000 tonnes , above which the customs duties applicable to
  third countries may he reintroduced ;
    ( 1 ) 0J L 293 of 29,12.1972 , p. 4
    C2 > 0J L 277 of 3.10.1973 , p. 2 .
 ---pagebreak---   Whereas the application of the ceiling requires that the Community should
  be regularly informed of thf tngincl of imports of the products refined in
  Turkey; whereas imports of these products should therefore
  be subjected to a system of supervision ;
  Whereas this objective may be attained by means of an administrative procedure
  based on setting off imports of the products'in question against the ceiling ,
  at Community leveU as and when these products are submitted to the customs
 authorities under cover of declarations that they fiave been made available
  for home use ; whereas this administrative procedure must make provision for the
  reintroduction of the Common .Customs Tariff duty as soon as the said
 ceiling has been reached at Community level ;
                                                                         ι
 Whereas this administrative procedure requires close and         very        rapid
  cooperation between the Member States and the Commission , which must
              • be able to     monitor the          amounts set off against the
  celling and keep the Member States informed thereof ; whereas this cooperation
  must be all the closer to enable the Commission to take adequate measures
 to reintroduce the Common Customs Tariff duty whenever the ceiling is
  reached ,
  HAS ADOPTED THIS REGULATION :
                                      Article 1
  1 » From 1 January to 31 December 1978 the Common Customs Tariff duties shall ,
       subject to Article 2 ,
       be totally suspended for the petroleum products , refined in Turkey ,
       specified below, within a limit of a Community ceiling of 458 000 tonnes :
        CCT *
| heading                              Description
      • No
                                                                     »
    • 27.10            Petroleum oils and oils obtained from bituminous minerals
                                                                                    «
                       other than crude; propara.ti.ons not elsewhere specified or .
                       included , containing not leos than 70 %     woighii of pe­
                       troleum oil or of oils obtained from bituminous . minerals ,
                       then©       being the        constituents of the
                       Preparations i   ;
                                                        t .
 ---pagebreak---                                                 1                                                                                                    2
                                   27 . ÏQ                                                     A » Light oils i                                                             . '
              (continued)                                                                             III# For other purposes s
                                                                                       - B. Medium oils i                                              '                  . •
                  ' ' y                                  '          -,
                                                                                                      III . For other purposes
                                 t     '
                                     ·   .   ♦  < ·
                                                                                              C. Heavy oils t
                                                                                             /
                                                                                                      I. Cas oils i
                                                                                                              o) For other purposes
. *                t •    ■    •               . «      4     »                                     II# Fuel oila II
                                                                                              , ' , • o) Por other purposes
                                                                             |              • lil# Lubricating oils t other oils t
     ' , '                    ,•                 ** -           ''       .
                                                                             !                         _ o) To "bo mixed in accordance with the terms
                                                                                                                     of Additional Note 7 to Chapter 27 (a)
                                                                             i                               d) Por other purposes
                             '                            1 * ,•
                                                                                                                 •                                                                            »
                                                                                 ••               Petroleum gases and other gaseous hydrocarbons t
        '      • • 'l ^ V '•                   ,«                                                 B# Other t                                          "«*-
                                                                                                        I * Commercial propano and ooromeroial butane i
   .          <        ■' ' .                    «
                                                                                                               o) For other purposes
                                 27.12                                                            Petroleum (Jelly i
                                                                                            < A* Crude i
                                                                                                        III . For other purposes
                                                      v-      •»     '     •                      B. Other
                                                                                 /      I       '
                            . 27*13                                                           • Paraffin wax , mioro-orystalline wax , slack wax ,
                                                                                    • <                                   f
  • /           • >' • ;                   .« „              , * ;
                                                                      :■
                                                                                                  ©aokerite , lignite wax , peat wax and ether mine­
                                                                                                  ral waxes . whether «r wot coloured t
                            ι       »                            '5 '·                            B* Other I                                       -                        -1 :
        ' •'                     ' . 'V' .                            •
                                                                                                        X# Crude f
t     i                                                                ! .
           Λ · „        »            · \            .  ·,. Ί
                                                                                                               o ) Por ether purposes ,
                          ''                                      '' ' I                              II , Other
                                                                                  f  ,    '                                                                                •'                   <
                     • 27 « 14                                                                    Petroleum bitumen , petroleum coke and other resi­
                                                                                                  dues of petroleum oils or of oila obtained from
                                                                             i
                                                                                                  bituminous minerals i                                                .
                                                                                        •         0 . Other -                                  <             • •, ••                 •  .. ..
              m        .. .„                              ri m                 »             %     .« « ' »»»■    •- f*4M4^4#4k ' * •-* -t •*».« ■ »"• '» >» ■ » »»■ ii'< » w • * * * *
             Entry vnder this nub-heading Is eubjeoi to conditions to bo dotorminsd
 • . » M tho oomp«t«nt ttuthoriti«i»*                                                                                                  , ,
 ---pagebreak---                                      4
 2 . Imports of the petroleum products referred to in paragraph 1 shall
                                                                     shall be
                                                                           be       i
                                                                                I
       subject to Community supervision .
3 . Imports of the products shall be set off against the ceiling as and when
       they are submitted to the customs authorities under cover of a declaration;
       that they have been made available for home use .
4 . The reaching of the ceiling shall be determined at Community level on the
      basis of the imports set off against it in the manner defined in            [
     paragraph 3.                                                                 I
5 . Member States shall inform the Commission at the intervals and within
     the time limits specified in Article 3 of any imports effected in
     accordance with the above rules .
                                   Article 2
    As soon as the ceiling referred to in Article 1 ( l ) has "been reached at
     Community level , the Commission may    issue a Regulation reintroducing the
     Common Customs Tariff duties applicable to third countries until the end
     of the calendar year .
                                   Article 3
    Member States shall forward to the Commission not later than the
    fifteenth day of each month a statement of the imports effected during
    the preceding month . If the Commission so requests, they shall forward
     this statement , in respect of ten day periods , within ten clear dayg of
    'the expiry of each such ten day period .
     1                             Article 4
                            ; I
     The Commission shall take all necessary measures for the implementation
     of this Regulation 'in close cooperation with the Member States .
                                                  \
                          ' '                       \
 ---pagebreak---                                       5
                               Article 5
        The Member States shall forward to the Commission within
        45 days of the publication of this Regulation in the
        Official Journal of the European Communities , the
        provisions they have adopted with a view to its
        appli cation .
                              Article 6
  •    This Regulation shall enter into force on 1 January 1978 ♦
                          f
'
t   <•
                   This Regulation shall "be binding in its entirety
                   aarxd directly applicable in all Member States .
                               .; :          :      Por tho Counoil ,
       Done at Brussels,' . '•           :
               •• . v V '   '                        ; The President
 ---pagebreak---  FINANCIAL                STATEMENT                              Date :
 1 . Budget line concerned : Ch . 12 Art . 120
 2 . Legal basis :     Art . 113 of the Treaty
3 . Title of the tariff measure :
      Proposal for a Regulation of the Council for the opening and method of
      administration of a Community preferen.ce ceiling for certain petroleum
  ' products refined in Turkey and for establishing a Community surveillance
      system for imports of these products ( 1978 )       :%
4 . Objectives :
      Respect of engagements made with Turkey
5 . Method of calculation
      - No of CCT                27.10 to 27.14
      - Volume of ceiling        458 000 metric tons
    ' - Quota duty rate          07.
      - Duty rate CCT            various
6 . Loss of receipts :
      - if use is total : between 2 116 000 and 3 023 000 EUR* ( according to the
                             type of products imported )
      - if use is comparable
        with that of the last
        3 years ( 23% ) :    between 486 000 and 695 000 EUR ( according to the type
                             of products imported )