CELEX: 31974D0271
Language: en
Date: 1974-03-06 00:00:00
Title: Commission Decision of 6 March 1974 authorizing the French Republic not to apply Community treatment to certain petroleum products falling within CCT heading Nos 27.09 and 27.10, originating in third countries, and in free circulation in the other Member States

28 . 5 . 74                       Official Journal of the European Communities                          No L 143/ 15
                                                          II
                                     (Acts whose publication is not obligatory)
                                              COMMISSION
                                            COMMISSION DECISION
                                                  of 6 March 1974
              authorizing the French Republic not to apply Community treatment to certain
              petroleum products falling within CCT heading Nos 27.09 and 27.10 , originating
                   in third countries, and in free circulation in the other Member States
                                          (Only the French text is authentic)
                                                    (74/271 /EEC)
THE COMMISSION OF THE EUROPEAN                                Member States are likely to give rise to deflection of
COMMUNITIES,                                                  trade ;  •■
Having regard to the Treaty establishing the European         Whereas this deflection of trade could be an obstacle
Economic Community, and in particular the first para­         to the implementation of the commercial policy
graph of Article 1 1 5 thereof ;                              measures referred to above that France is applying in
                                                              respect of third countries in accordance with the
Having regard to the application under Article 1 1 5 of       Treaty ;
the Treaty, made on 26 December 1973 by the
French Government by letter from the office of its
Permanent Representative to the European Communi­             Whereas it is not possible at the present time to set in
ties, for authorization not to apply Community treat­         motion the machinery for bringing about the neces­
ment to petroleum products falling within CCT                 sary cooperation from the other Member States ;
heading Nos 27.09, 27.10 and 27.11 , originating in
third countries, and in free circulation in the other         Whereas France may therefore be authorized to take
Member States ;                                               protective measures under the first paragraph of
                                                              Article 115 of the Treaty for products originating in
Whereas France is applying a system of prior licences         countries in respect of which France is, at present,
for the importation from third countries of oil and           applying quantitative restrictions on imports ;
petroleum products falling within CCT heading Nos
27.09, 27.10 and 27.11 , except aviation fuel and
certain other petroleum oils ;                                Whereas given that the quantitative restrictions are
                                                              autonomous, the protective measures may be taken
Whereas under this system quantitative restrictions           when the imports of these products from third coun­
are being applied to the products listed in the Annex,        tries or from other Member States reach the quantita­
other products being allowed in at present in unlim­          tive limits that France is applying to direct imports of
ited amounts ;                                                these products or to imports from the third countries
                                                              concerned ;
Whereas the importation of the products concerned
from all third countries is liberalized in all the other      Whereas in order to disturb the operation of the
Member States ;                                               common market as little as possible, and in particular
                                                              the gradual, balanced development of intra-Commu­
Whereas the differences between these measures of             nity trade, provisions should be made, moreover, for
commercial policy applied by France and by the other          applying these protective measures in such a way as to
 ---pagebreak--- No L 143/ 16                          Official Journal of the European Communities                                28 . 5. 74
enable imports into France of products originating in               with the corresponding period in 1973, in imports
third countries and in free circulation in the other                from the other Member States of any product subject
Member States to increase in the same proportion at                 to protective measures and originating in third coun­
least as during the corresponding period in 1 973 ;                 tries and in free circulation in the other Member
                                                                    States .
Whereas, in view of the need to hasten the comple­
tion of the common import system for the products
concerned, these protective measures should be autho­                                       Article 3
rized for a limited period ;
Whereas this Decision does not prejudice the right of               The French Republic shall inform the Commission of
the French Republic to take interim protective                      protective measures taken pursuant to Article 1 as
measures in respect of other petroleum products                     soon as they have been adopted .
under the conditions defined by the Commission
Decision of 12 May 1971 ( J ), as amended by the                                            Article 4
Commission Decision of 9 March 1973 (2),-
                                                                    This Decision shall apply until the introduction in
HAS ADOPTED THIS DECISION :                                         the Member States of a uniform system of imports for
                                                                    the product or products concerned, or until 31
                                                                    December 1975 .
                          Article 1
The French Republic is authorized not to apply
                                                                                            Article 5
Community treatment to any of the petroleum
products listed in the Annex, originating in third
countries and in free circulation in the other Member               This Decision is addressed to the French Republic.
States, from the date on which imports of the product
concerned from third countries and the other Member
States reach the quantitative limit applied by the                   Done at Brussels, 6 March 1974.
French Republic for this product with respect to the
third country or countries concerned.
                                                                                               For the Commission
                          Article 2
                                                                                                   The President
Protective measures taken pursuant to Article 1 must
 not prevent an increase of at least 15% , compared                                           Francois-Xavier ORTOLI
(i) OJ No L 121 , 3. 6. 1971 , p. 26.
0) OJ No L 80, 28 . 3. 1973, p. 22.
                                                             ANNEX
                      CCT
                   headirig No                                         Description
                27.09                       Petroleum oils and oils obtained from bituminous minerals, crude
             ex 27.10 A III b )             Petroleum spirit (other than aviation spirit, jet fuel and light
                                            fractions, having regard to the use) including petroleum spirit with
                                            a high aromatic hydrocarbon content