CELEX: 31975R3156
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3156/75 of the Council of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for certain petroleum products, falling within Chapter 27 of the Common Customs Tariff, refined in the Arab Republic of Egypt (1976)

No L 317/62                                Official Journal of the European Communities                              8 . 12 . 75
                                   REGULATION (EEC) No 3156/75 OF THE COUNCIL
                                                         of 24 November 1975
              opening, allocating and providing for the administration of a Community tariff quota
              for certain petroleum products, falling within Chapter 27 of the Common Customs
                                         Tariff, refined in the Arab Republic of Egypt (19 76)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              — equal and uninterrupted access to the quota
                                                                          should be ensured for ,all importers and quota
                                                                          duties applied continuously to all imports of the
                                                                          said products until the quota has been used up ;
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article
113 thereof;                                                          — in the light of the above principles the Community
                                                                          nature of the quota may best be preserved by an
                                                                          arrangement allocating it among the Member
Having regard to the proposal from the Commission ;                       States ; whereas in order to provide the most
                                                                          accurate reflection of actual market trends for the
                                                                          said products, such allocation should be pro­
                                                                          portionate to the needs of the Member States,
Whereas the Agreement (*) between the European                            calculated    both from   the  statistics for    each
Economic Community and the Arab Republic of                               Member State's imports from the Arab Republic
Egypt, and the Protocol (2) laying down certain                           of Egypt over a representative reference period
provisions relating to the Agreement between the                          and from economic prospects for the quota period
European Economic Community and the Arab                                  in question ;
Republic of Egypt consequent on the accession of
new Member States to the European Economic
Community, provides for the opening of an annual                       — in view of the fact however that over the past
Community tariff quota of 360 000 metric tons for                         three years the said products have been imported
certain petroleum products, falling within Chapter 27                     into only one Member State, and in small quan­
of the Common Customs Tariff, refined in the Arab                         tities, and that no estimates can be made for
Republic of Egypt ; whereas the Protocol provides                         1976 and in order to ensure a fair distribution
that the tariff quota should be allocated among the                       among the Member States concerned, the initial
Member States as follows : 200 000 metric tons for                        percentage share, having regard to the potential
the Community as originally constituted, 5 000 metric                     demand for the said products in the various
tons for Denmark, 5 000 metric tons for Ireland and                       Member States, should be approximately 25%
150 000 metric tons for the United Kingdom ; whereas                      each ;
Annex I to the Agreement provides that the duties
applicable to the quota shall be equal to 45% of the
duties of the Common Customs Tariff; whereas as                        — in order to take account of import trends for the
regards the duties applicable to the quota by the new                     products in question in the Member States
Member States, the special provisions of the Protocol                     concerned, the quota amount should be divided
and of the Act of Accession should be complied with ;                     into two instalments, the first instalment being
whereas to comply with the special provisions of the                      allocated among the same Member States, the
Protocol , separate arrangements should be made for                       second instalment constituting a reserve intended
the Member States of the Community as originally                          to cover the later requirements of Member States
constituted, on the one hand, and for the new Mem­                        which have used up their initial quota shares ;
ber States, on the other;                                                 whereas in order to ensure a certain degree of
                                                                          security to importers in each Member State, the
Whereas as regards the Community as originally                            first instalment of the quota should be fixed in
constituted :                                                             this case at approximately 70% ;
                                                                       — the initial quota shares may be used up at
      OJ No L 251 , 7. 9 . 1973 , p . 13 .                                different rates ; whereas, therefore, to avoid
 ( 2) OJ No L 251 , 7. 9. 1973, p . 3 .                                   disruption of supplies, any Member State which
 ---pagebreak--- 8 . 12. 75                             Official Journal of the European Communities                            No L 317/63
     has almost used up its initial quota share, must               Whereas, as regards the new Member States :
     draw an additional quota share from the reserve ;
     whereas this must be done by each Member State
     as each one of its additional quota shares is almost           — the quota duties shall be calculated by the new
     used up, and as many times as the reserve allows ;                  Member States in accordance with Articles 3 and
     whereas the initial and additional quota shares                     4 of the Protocol ;
     shall be valid until the end of the quota period ;
     whereas this form of administration requires close
     collaboration     between     the     Member      States
     concerned and the Commission, and the Commis­                  — equal and uninterrupted access to the quota
     sion must be in a position to follow the extent to                  should be ensured for all importers and quota
     which the quota volume has been used up and                         duties should be applied continuously to all
     inform the Member States thereof;                                   imports of the products in question until the
                                                                         quota has been used up,
— if, at a given date in the quota period, a consider­
     able quantity of the initial quota share is left over
     in one of the Member States concerned, it is                   HAS ADOPTED THIS REGULATION :
     essential that that State should return a significant
     proportion to the reserve, to prevent a part of the
     quota allocated to the Community as originally
     constituted from remaining unused in one Mem­
     ber State when it could be used in others ;                                              Article 1
                                                                    Subject to any measures which may be taken in
— since the Kingdom of Belgium, the Kingdom of                      application of Article 3 (2) and (4) of Annex I to the
     the Netherlands and the Grand Duchy of Luxem­                  Agreement between the European Economic Com­
     bourg are united in and represented by the Bene­               munity and the Arab Republic of Egypt, a Commu­
     lux Economic Union, any measure concerning the                 nity tariff quota of 360 000 metric tons shall be
     administration of the quota shares allocated to                opened from 1 January to 31 December 1976, for the
     that economic union may be carried out by any                  products listed below refined in the Arab Republic
     of its members ;                                               of Egypt :
                    CCT
                 heading No                                          Description
                   27.10        Petroleum oils and oils obtained from bituminous minerals , other than crude ;
                                preparations not elsewhere specified or included, containing not less than
                                70% by weight of petroleum oils or of oils obtained from bituminous mine­
                                rals, those oils being the basic constituents of the preparations :
                                A. Light oils :
                                    III. For other purposes
                                B. Medium oils :
                                    III. For other purposes
                                C. Heavy oils :
                                      I. Gas oils :
                                          c) For other purposes
                                     II . Fuel oils :
                                          c) For other purposes
 ---pagebreak--- No L 317/64                               Official journal of the European Communities                                   8 . 12 . 75
                    CCT
                heading No                                                      Description
                   27.10               III. Lubricating oils ; other oils :
                 (cont'd)                    c) To be mixed in accordance with the terms of Additional Note 7
                                                 to Chapter 27 (a )
                                             d) For other purposes
                   27.11           Petroleum gases and other gaseous hydrocarbons :
                                   B. Other :
                                         I. Commercial propane and commercial butane :
                                             c) For other purposes
                   27.12           Petroleum jelly :
                                   A. Crude :
                                       III. For other purposes
                                   B. Other
                   27.13           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
                   27.14           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 the competent authorities.
The quota shall be allocated and administered in
                                                                                                                     Rate of duty
accordance with the following provisions.                                                 CCT heading No
                                                                                                                           (% )
                                                                               27.10 A III                             2-7
                                                                               27.10 B III                             2-7
                         SECTION I
                                                                               27.10 C I c)                             1-5
                                                                               27.10 C II c)                            1-5
                                                                               27.10 C III c)                           1-8
Provisions applicable to the Community as originally
                         constituted                                           27.10 C III d)                           2-7
                                                                               27.11 B I c)                             0-6
                                                                               27.12 A III                              0-9
                                                                               27.12 B                                  3-1
                          Article 2
                                                                               27.13 B I c)                             0-9
                                                                               27.13 B II                               2-7
Common Customs Tariff duties shall be partially
                                                                               27.14 C II                               0-9
suspended at the rates indicated below for 200 000
metric tons of the quota referred to in Article 1 :
 ---pagebreak--- 8 . 12. 75                           Official Journal of the European Communities                          No L 317/65
                         Article 3                                                       Article 6
1 . A first instalment, amounting to 140 000 metric             The Member States shall return to the reserve, not
tons of the amount mentioned in Article 2, shall be             later than 1 October 1976, the unused portion of
allocated among the Member States ; the shares,                 their initial share which, on 15 September 1976, is
which subject to Article 6 are valid until 31 December          in excess of 20% of their initial amount. They may
1976, are as follows :                                          return a greater portion if there are grounds for
                                                                believing that such portion may not be used in full .
         Germany               35 000 metric tons ,
         Benelux               30 000 metric tons,
                                                                The Member States shall, not later than 1 October
                                                                1976, notify the Commission of the total quantities
          France               35 000 metric tons,              of the said goods imported up to and including
         Italy                 40 000 metric tons .             15 September 1976, and charged against the
                                                                appropriate Community tariff quota and any
                                                                quantities of the initial share returned to the reserve.
2 . The second instalment of 60 000 metric tons shall
constitute the reserve.
                                                                                         Article 7
                         Article 4
                                                                The Commission shall keep account of the shares
                                                                opened by Member States in accordance with Articles
 1 . If 90% or more of a Member State's initial quota           3 and 4 and shall inform each of them of the
share specified in Article 3 ( 1 ), or of that share less       extent to which the reserve has been used as soon
the portion returned to the reserve where Article 6 is          as it receives the notifications .
applied, has been used up, that Member State shall
without delay, by notifying the Commission, draw
a second quota share, to the extent that the reserve            The Commission shall, not later than 5 October 1976,
is sufficient, equal to 15% of its initial quota share,         notify Member States of the amount in the reserve
rounded up to the next unit where necessary.                    after the return of shares pursuant to Article 6.
2. If, after its initial quota share has been used up,          The Commission shall ensure that any drawing which
90% or more of the second quota share drawn by                  uses up the reserve is limited to the balance available
a Member State has been used up, that Member                    and for this purpose shall specify the amount thereof
State shall, in the manner provided for in paragraph 1 ,        to the Member State which makes the last drawing.
draw a third quota share equal to 7*5% of its initial
quota share, rounded up where necessary to the next
unit.
                                                                                         Article 8
3 . If, after its second quota share has been used up,
90% or more of the third quota share drawn by a                 The Member States shall take all appropriate
Member State has been used up, that Member State                measures to ensure that, when additional shares are
shall , in the same manner, draw a fourth quota share           drawn pursuant to Article 4, it is possible for charges
equal to the third.                                             to be made without interruption against their
                                                                accumulated shares of the Community quota.
This procedure shall be applied until the reserve is
exhausted.
4. Notwithstanding the provisions of paragraphs 1 ,
                                                                                        SECTION II
2 and 3 , a Member State may proceed to draw shares
smaller than those fixed in those paragraphs, if there
is reason to believe that those shares might not be
used up. They shall inform the Commission of the                    Provisions applicable to the new Member States
reasons which led them to apply this paragraph.
                                                                                         Article 9
                       Article 5
                                                                Within the tariff quota referred to in Article 1 , the
                                                                new Member States shall apply duties calculated in
Each of the additional quota shares drawn pursuant              accordance with the relevant provisions of the Act
to Article 4 shall be valid until 31 December 1976.             of Accession, the Agreement and the Protocol.
 ---pagebreak---  No L 317/66                          Official Journal of the European Communities                             8 . 12 . 75
                        Article 10                               2. The extent to which a Member State has used
                                                                 up its shares shall be determined on the basis of the
 Under the quota, 160 000 metric tons shall be                   importations of the products in question entered with
allocated among the new Member States as follows :               the customs authorities for home use .
        Denmark                 5 000 metric tons,                                       Article 12
        Ireland                 5 000 metric tons,
        United Kingdom        150 000 metric tons .              On receipt of a request from the Commission, Mem­
                                                                 ber States shall notify it of imports of products
                                                                 refined in the Arab Republic of Egypt actually
                       SECTION III
                                                                 charged against their quota shares .
                                                                                         Article 13
                    General provisions
                                                                 The Member       States   and   the  Commission    shall
                                                                 cooperate closely in order to ensure that this Regu­
                        Article 11                               lation is observed .
1 . Every Member State shall take all measures                                           Article 14
necessary to ensure that importers of the products
in question established in their territory have free             This Regulation shall enter into force on 1 January
access to the shares allocated to it.                            1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 November 1975 .
                                                                                          For the Council
                                                                                           The President
                                                                                           B. VISENTINI