CELEX: 51988PC0518
Language: en
Date: 1988-10-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for certain petroleum products falling within Chapter 27 of the Combined Nomenclature refined in Spain and certain woven fabrics of cotton originating in Spain (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 518
Vol. 1988/0183
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(88 )  518  final.
                                               Brussels , 3 October 1988
                                  Proposal for a
                             COUNCIL REGULATION (EEC)
    opening , allocating and providing for the administration of Community
   tariff quotas for certain petroleum products falling within Chapter 27
       of the Combined Nomenclature refined in Spain and certain woven
                 fabrics of cotton originating in Spain ( 1989)
                        ( presented by the Commission )
                                         •v V . ,          N
                                            i£7oo|i£
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                              EXPLANATORÏ MEMORANDUM
1 . Articles 30 and 31 of the Act of Accession provide for the phasing-out
    of customs duties on imports into the Community as constituted on
    31 December 1985 of industrial products produced in Spain . This applies
    inter alia to the customs duties to be levied under the Community tariff
    quotas for :
     (i ) 1 424 000 tonnes of certain petroleum products falling within
          Chapter 27 of the ^Combined Nomenclature ; and
    (ii ) 2 013 tonnes of 'woven fabrics of cotton falling within Chapter 52
          of the Combined Nomenclature .
    On 1 January 1989 the duties in question will be reduced to 47.5% of the
    basic duties .
    Council Regulation (EEC) No 4161 /87 of 22 December 1987 laid down ,
    consequent on the entry into force of the Combined Nomenclature , the
    basic duties to be adopted within the Community as constituted on
    31 December 1985 for the purpose of calculating the successive
    reductions provided for in the Act of Accession of Spain and Portugal .
    However , these tariff measures do not apply to Portugal since Protocol 3
    to the Act of Accession concerning the exchange of goods between Spain
    and Portugal includes special provisions on this subject .
2 . Pursuant to Council Regulation (EEC) No 839/ 88 of 28 March 1988 , the
    collection of customs duties applicable in the Community of Ten to these
    products imported from Spain is to be totally suspended as soon as they
    fall to the level of 2% or less .
    Likewise , certain products included in the tables contained in Article 1
    of Council Regulations (EEC) No 4106/87 and No 4107/87 , which opened the
    corresponding quotas for 1988 , have to be deleted since the duties
    applicable outside the quotas have themselves fallen to the level of 2%
    or less .
3 . As is usual in such cases , these Regulations provide for the quotas to
    be divided into two parts , the first being allocated among the Member
    States and the second being held as a reserve .
4 . The first part of the quota has been allocated in accordance with the
    usual rules , i.e. each Member State 's total imports during the period
    1985-87 has been calculated as a proportion of Community imports during
    the same period , and the resulting percentages have been converted into
    shares of the first part of the quota , the tonnages being rounded up
    where necessary .
5 . The Commission proposes that the Member States administer the quota for
    other woven fabrics of cotton by charging imports "as and when" .
 ---pagebreak---    However , at this stage it is not possible to lay down a single method of
   administration ("as and when" or advance allocation) for the quota for
   certain petroleum products . The national provisions governing the market
   for these products differ from one Member State to another , and the
   Member States feel this makes it impossible to apply a common method of
   administration . Each Member State will therefore - exceptionally - be
   allowed to administer its own quota shares in accordance with its own
   provisions on this subject , while ensuring importers of these products
   free access to this quota .
Annex : 1 proposai for a Council Régulation
 ---pagebreak---                                              Proposai for
                             COUNCIL PECULATION (EEC) No                       / 88
                                             of
    opening , allocating and providing for the adminstration of Oorrmnity
      tariff quotas for certain petroleum products refined in Spain and
          certain woven fabrics of cotton originati ng in Spain ( 1985)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the Act of Accession of Spain and Portugal , and in
particular Articles 30 and 31 thereof ,
Having regard to the proposal from the Commission ,
Whereas , pursuant to Articles 30 and 31 of the Act of Accession , the
customs duties applicable to imports into the Community as constituted on
31 December 1985 of the following products are to be phased out within the
limits of Community tariff quotas of :
- 1 424 000 tonnes of certain petroleum products falling within Chapter 27
   of the Combined Nomenclature , refined in that part of Spain which is
   included in the customs territory of the Community ; and
- 2 013 tonnes of certain woven fabrics of cotton falling within Chapter
   52 of the Combined Nomenclature , originating in Spain ;
Whereas on 1 January 1989 the duties in question will be reduced to 47.5%
of the basic duties ; whereas the said basic duties are those laid down by
Council Regulation (EEC ) No 4161 / 87 of 22 December 1987 laying down ,
consequent on the entry into force of the Combined Nomenclature , the basic
duties to be adopted within the Community as constituted on 31 December
1985 for the purpose of calculating the successive reductions provided for
in the Act of Accession of Spain and Portugal ; 1
Whereas Council Regulation (EEC) No 839/88 of 28 March 1988 totally
suspending certain customs duties applicable by the Community of Ten to
imports from Spain and Portugal2 totally suspends the collection of
customs duties applicable in the Community of Ten to the said products
imported from Spain as soon as they fall to the level of 2% or less ;
whereas it is therefore appropriate , for the purpose of determining the
duties applicable to the products in question , to open Community tariff
quotas for the said products for the period 1 January to 31 December 1989
at the rates of duty shown in the table in Article 1 ;
Whereas Article 1 of Protocol 3 to the Act of Accession lays down special
arrangements for imports into Portugal of the products in question
originating
         ■ mv in     Spain ,; whereas
               i 1 1 OjJcLLll
              U–L1             WI1CJ.CCUD the
                                          Lu. IC Community
                                          IU.JJO   111111111 111 uy tariff
                                                 vmmuu > 1. 1 . WJ  ucu. il ± quota,
                                                                                  w   accordingly
                                                                                  ua# OLAA/IUHI
appi      only to the Community as constituted on 31 December 1985 ;
1  OJNOL 395 , 31.12.1987 , p. 1 .
2  OJNOL 87 , 31.3.1988 , p. 1 .
 ---pagebreak---           Whereas al 1 Community importers should be ensured equal and continuous
          access to the said quotas and the duty rates laid down for the quotas
          should be applied consistently to all imports of the products in question
          into all Member States until the quotas are exhausted ; whereas this can
          best be achieved , while preserving the Community nature of the quotas , by
          allocating them among the Member States ; whereas in order to correspond as
          closely as possible to the real trend of the market for the products in
          question the allocation should reflect the requirements of the Member
          States based on statistics of imports of the said products from Spain
          during a representative reference period and on the economic outlook for
          the quota period in question ;
          Whereas during the last three years for which statistics are available the
          corresponding imports into each Member State were as follows :
                                                                     (in tonnes )
Member State      Certain petroleum prcrinnt« fa.1 1 i ne?  Certain woven fabrics of
                  within Chapter 27 of the CN               cotton
                     1985       1986        1987              1985      1986       1987
Benelux             13 794    347 936     404 873               225      288        458
Denmark                 72     14 055       5 880                50      128        100
Germany              6 293    362 533     235 958               148       51        667
Greece                 244         87      25 850                -
                                                                           8         10
France            296 450     560 176     334 737             1 279    1 268      1 649
Ireland             16 967    822 132     379 945                59       14         63
Italy               81 421    191 110      67 820               408       36        593
United Kingdom    191 587     949 602     900 900               436       72        342
          Whereas in view of these data and of market forecasts for the products in
          question , in particular those supplied by certain Member States , the
          initial percentage shares of the quotas could be approximately as follows :
                            Petroleum products         Woven fabrics of cotton
          Benelux                  12.35                       8.23
          Denmark                    0.32                      2.30
          Germany                    9.74                     10.83
          Greece                     0.42                      0.23
          France                   19.18                      52.50
          Ireland                  19.63                       1.70
          Italy                      5.48                     12.97
          United Kingdom           32.88                      10.64
          Whereas to allow for the trend of imports of the products in question in
          the various Member States the quotas should be divided into two parts , the
          first being allocated among certain Member States and the second held as a
          reserve to cover any subsequent requirements of Member States which have
          used up their initial shares ; whereas , to afford importers in each Member
          State some degree of certainty , an appropriate level for the first part of
          the Community quotas would , in the present circumstances , be 54% of the
          quota volume for petroleum products and 60% of the quota volume for woven
          fabrics of cotton ;
 ---pagebreak--- Whereas the Initial shares of the Member States may he used up at different
 rates ; whereas in order to avoid any break in the continuity of supplies on
 this account , a Member State which, has almost used up one of its initial
 shares should draw an additional share from the corresponding reserve ;
whereas this process should be repeated whenever such additional or             j
 subséquent shares near déplétion, as many times as the reserve allovs ;        j
whereas each initial or additional share must be valid until the end of the
quota period ; whereas this method of administration requires close             i
cooperation between the Member States and the Commission and the latter
must in particular be able to monitor the extent to which the quotas are
used and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of a
Member State 's initial share remains unused , it is essential that the
Member State concerned should return a significant proportion thereof to
 the corresponding reserve in order to prevent part of one of the Community
 tariff quotas from remaining •unused in one Member State when it could be
•used in others ;
Whereas since Belgium , the Netherlands and Luxembourg are united within and
 jointly represented by the Benelux Economic Union , any operation concerning
 the administration of the quota shares allocated to that economic union may
be carried out by any one of its members ,
HAS ADOPTED THIS REGULATION :
                                   Article 1
 1 . From 1 January to 31 December 1989 the customs duties applicable to
     imports into the Community as constituted on 31 December 1985 of the
     following petroleum products refined in that part of Spain which is
     included in the customs territory of the Community and the following
     woven fabrics of cotton originating in Spain shall be suspended at the
     levels indicated below and within the limits of Community tariff quotas
     as shown below :
                                                                              €
 ---pagebreak--- Ser ial  CN code                  Description                                                Volune of  Rate of
  No                                                                                      tariff quota   duty
                                                                                             ( tomes )   (%)
        2710 00       Petroleun ol Is and ol Is obtained from bltunlrcus minerals , other )
                      than crude ; preparations rot elsewhere specified or Included ,     )
                      containing by weight 70% or more of petroleun ol Is or of ol Is     )
                      obtained from bltunlnous minerals , these oils being the            )
                      basic constituents of the preparations :                            )
                      -Light ol Is :                                                      )
                      –For other purposes :                                               )
                      –Special spirits :                                                  )
9.0313  2710 00 21    -White spirit                                                       )                  0
        2710 00 25    -Other                                                              )                  0
                      –Other :                                                             )
                      -Motor spirit :                                                      )
        2710 00 31    -Aviation spirit                                                     )                 0
                      -Other , with a lead content :                                       )
        2710 00  33   -Not exceeding 0.013 g/ l                                            )                 0
        2710 00  35   -Exceeding 0.013 g/ l                                                )                 0
        2710 00  37   -Spirit type Jet fuel                                                )                 0
        2710 00  39   -Other I ight oi Is                                                  ) 1 424 000       0
                      -Mediun ol Is :                                                      )
                      –For other purposes :                                                )
                      –Kerosene :                                                          )
        2710 00 51    -Jet fuel                                                            )                 0
        2710 00 55    -Other                                                               )                 0
        2710 00 59    –Other                                                               )                 0
                      -Heavy ol Is :                                                       )
                      –Lubricating oi Is ; other oi Is :                                   )
        2710 00 99    –For other purposes                                                  )                 0
                                                                                           )
        2712          Petroleun Jelly ; paraffin wax , microcrystalline petroleun wax ,    )
                      slack wax , ozokerite , lignite wax , peat wax , other               )
                      mineral waxes , and similar products obtained by synthesis or by     )
                      other processes , whether or not ooloured :                          )
                      -Petroleun je I ly :                                                 )
        2712 10 90    –Other than crude                                                    )                 0
        2712 20 00    -Paraffin wax containing by weight less than 0.75% of oi I           )                 0
9.0315  5208          Woven fabrics of cotton , containing 85% or more by weight of        )
                      cotton , weighing not more than 200 g/m2                             )                 0
                                                                                           )
        5209          Woven fabrics of cotton , containing 85% or more by weight of        )
                      ootton , weighing more than 200 g/m 2                                )                 0
        5210          Woven fabrics of cotton , containing less than 85% by weight of      )
                      cotton , mixed mainly or solely with man-made fibres , weighing not  )      2 013
                      more than 200 g/m2                                                   )                 0
                                                                                           Λ
                                                                                           )
        5211          Woven fabrics of ootton , containing less than 85% by weight of      )
                      ootton , mixed mainly or solely with man-made fibres , weighing      )
                      more than 200 g/m2                                                   )                 0
                                                                                           ;
        5212          Other woven fabrics of cotton                                        )                 0
                                                            Article 2
                 1 . The tariff quotas referred to in Article 1 shall be divided into two
                     parts .
                2 . The first part of each tariff quota , amounting to 786 000 tonnes and
                     1 210 tonnes respectively , shall be allocated among certain Member
                     States as follows :
 ---pagebreak---     (a) certain petroleum products falling within Chapter 27 of the
          Combined Nomenclature , refined in that part of Spain which is
          included, in the customs territory of the Community :
                               ( tonnes )
          Benelux                97 190
          Denmark                 2 520
          Germany                76 650
          Greece                  3 305
          France               150 940
          Ireland              154 480
          Italy                  43 125
          United Kingdom       258 750
    (b) certain woven fabrics of cotton falling within Chapter 52 of the
          Combined Nomenclature :
                               (tonnes )
          Benelux                   105
          Denmark                    27
          Germany                   130
          Greece                     10
          France                    635
          Ireland                    20
          Italy                     155
          United Kingdom            128
    The above quota shares shall be valid until 31 December 1989 .
3 . The second part of each quota , amounting to 655 040 tonnes of petroleum
    products falling within Chapter 27 of the Combined Nomenclature and 803
    tonnes of woven fabrics of cotton falling within Chapter 52 of the
    Combined Nomenclature respectively , shall constitute the corresponding
    Community reserve .
                                     Article 3
1 . If a Member State has used 90% or more of an initial quota share as
    specified in Article 2(2 ), or of an initial share less any portion
    returned to the corresponding reserve pursuant to Article 5 , it shall
    forthwith , by notifying the Commission and to the extent that the
    reserve so permits , draw a second share equal to 10% of its initial
    share , rounded up where necessary to the next whole number .
2 . If , after an initial quota share has been used up , a Member State has
    used 90% or more of its second share as well , it shall forthwith , using
    the procedure provided for in paragraph 1 and to the extent that the
    reserve so permits , draw a third share equal to 5% of the initial share ,
    rounded up where necessary to the next whole number .
 ---pagebreak--- 3 . If , after one of its second shares has been used up , a Member State has
    used 90% or more of its third share , it shall , vising the procedure
    provided for in paragraph 1 , draw a fourth share equal to the third .
    This process shall continue until the reserve is vised up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States
    shall inform the Commission of their reasons for applying this
    paragraph .
                                   Article 4
Each additional share drawn pursuant to Article 3 shall be valid until 31
December 1989 .
                                   Article 5
By 1 October 1989 at the latest Member States must return to the reserve
any unused portion of their initial share which , on 15 September 1989 , is
in excess of 20% of the initial volume . They may return a greater portion
if there is reason to believe that it might not be used .
By 1 October 1989 at the latest Member States must notify the Commission of
the total quantities of the products in question imported up to and
including 15 September 1989 and charged against the Community quotas , and
of any portion of their initial shares that they are returning to the
corresponding reserves .
                                   Article 6
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the
level of the reserves as soon as it receives the notifications .
It shall inform the Member States not later than 5 October 1989 of the
state of each of the reserves following any return of quota shares pursuant
to Article 5 .
It shall ensure that a drawing which exhausts a reserve does not exceed the
balance available , and to this end shall notify the amount of that balance
to the Member State making the final drawing .
 ---pagebreak---                                   Art icle 7
1 . Member States shall take all appropriate measures to ensure that
    additional drawings of shares pursuant to Article 3 enable imports to be
    charged without interruption against their accumulated shares of the
    Community tariff quotas .
2 . Member States shall ensure that importers of the products in question
    have free access to the quota shares allocated to them .
3 . Member States shall charge imports of        04     in question against
    their shares as and when the goods are entered with the customs
    authorities for free circulation . Depletion of the Member States' shares
    of the quota for woven cloth of cotton shall be measured on the basis of
    the imports charged in accordance with this paragraph .
4 . Depletion of the Member States' shares of the quota for petroleum
    products shall be measured on the basis of the quantities of the
    products in question imported under cover of entries for release for
    free circulation .
                                  Artide 8
Member States shall inform the Commission at its request of imports
actually charged against the quotas .
                                  Article 9
This Regulation shall enter into force on 1 January 1989 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                        For the Council
                                        The President
                                                                              je
 ---pagebreak---                 FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement
de la Communauté . L' impact découlant de cette concession a été pris en con ¬
sidération lors de la prise de décision d' adoption de ce contingent et il
n' aura pas un caractère sérieux sur La compéti ti ti vé et l' emploi dans la
Communauté .