CELEX: 31986R4014
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4014/86 of 16 December 1986 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 and refined in Spain (1987)

31 . 12 . 86                              Official Journal of the European Communities                                 No L 374 / 27
                                         COUNCIL REGULATION ( EEC ) No 4014 / 86
                                                       of 16 December 1986
              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 and refined in Spain
                                                                1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              question , such allocation should be in proportion to the
                                                                       requirements of the Member States , calculated by reference
                                                                       to the statistics for imports from Spain over a
                                                                       representative period and also to the economic outlook for
                                                                       the quota period concerned ;
Having regard to the Act of Accession of Spain and
Portugal , and in particular Articles 30 and 31 thereof,
                                                                       Whereas , in respect of the last three years for which
                                                                       statistics are available the corresponding imports by each of
Having regard to the proposal from the Commission ,                    the Member States represent the following percentages of
                                                                       the imports into the Community from Spain of the
                                                                       products concerned :
Whereas , under Articles 30 and 31 of the Act of Accession ,
the duties applicable on the import into the Community of                          Member State            1983     1984      1985
Ten of certain petroleum products falling within
Chapter 27 of the Common Customs Tariff and refined in                 Benelux                              4,1      2,4       2,3
Spain , within the limits of a Community tariff quota of               Denmark                               —        —         —
1 424 000 tonnes , shall be progressively abolished ;                  Germany                              1,1      1,5       1,0
whereas these duties will be reduced to 77,5 % of the basic            Greece                               0,3      0,9        —
                                                                       France                              57,5     23,9      48,9
duties on 1 January 1987 ; whereas , by derogation from
                                                                       Ireland                                                 2,8
Article 30 of the Act of Accession , Regulation ( EEC ) No
                                                                                                             —        —
                                                                       Italy                                8,7      8,0      13,4
443 / 86 0 ) provides that the basic duties shall be those             United Kingdom                      28,3     63,3      31,6
which actually have been applied on 1 January 1986 ;
whereas , therefore , to establish the duties applicable on the
import of these products , a Community tariff quota should
be opened for the period 1 January to 31 December 1987
for 1 424 000 tonnes of these petroleum products refined
in Spain , at the duties shown in the list in Article 1 ;              Whereas , in view of these factors , and of market forecasts
                                                                       for the products concerned and in particular of the
                                                                       estimates submitted by certain Member States , initial quota
                                                                       shares may be fixed approximately at the following
Whereas Article 1 of Protocol 3 annexed to the Act of                  percentages :
Accession provides for particular rules for the import into
Portugal of the products in question , originating in Spain ;                   Benelux                                    4,3
whereas , consequently , the Community tariff quota is                          Denmark                                    2,6
applicable in the Community of Ten ;                                            Germany                                    2,2
                                                                                Greece                                     0,4
                                                                                France                                   22,1
                                                                                Ireland                                    9,0
Whereas it is in particular necessary to ensure for all                         Italy                                      5,4
Community importers equal and uninterrupted access to                           United Kingdom                           54,0
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the
product concerned into all Member States until the quota
has been used up ; whereas , having regard to the above                Whereas , in order to take into account import trends for
principles , the Community nature of the quota can be                  the products concerned in the various Member States , the
respected by allocating the Community tariff quota among               quota volume should be divided into two instalments , the
the Member States ; whereas , to reflect as accurately as              first being shared between the Member States and the
possible the true trend of the market of the products in               second constituting a reserve to cover at a later date the
                                                                       requirements of Member States which have used up their
                                                                       initial quota shares ; whereas , to give importers in each
                                                                       Member State a certain degree of security , the first
(') OJ No L 50 , 28 . 2 . 1986 , p. 9 .                                instalment of the Community quota might under the
 ---pagebreak--- No L 374 / 28                                  Official Journal of the European Communities                                  31 . 12 . 86
present circumstances be fixed at about 65 % of the                         remaining unused in one Member State when it could be
quota ;                                                                     used in others ;
Whereas the Member States' initial shares may be used up                   Whereas, since the Kingdom of Belgium, the Kingdom of
at different times ; whereas , in order to take this fact into             the Netherlands and the Grand Duchy of Luxembourg are
account and avoid any break in continuity, any Member                       united within and jointly represented by the Benelux
State which has almost used up its initial quota share                     Economic Union , any operation relating to the
should draw an additional share from the reserve; whereas                  administration of the quota shares allocated to that
this must be done by each Member State as and when each                    economic union may be carried out by any of its
of its additional shares is almost used up , and repeated as               members ,
many times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires
close cooperation between the Member States and the
                                                                           HAS ADOPTED THIS REGULATION :
Commission, and the latter must be in a position to
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;
                                                                                                    Article I
Whereas if, at a given date in the quota period , a                        From 1 January to 31 December 1987, on import into the
substantial quantity of an initial share remains unused in                 Community of Ten , the customs duties for the following
any Member State , it is essential that that Member State                  products, refined in Spain , shall be suspended at the levels
should return a significant proportion to the reserve, to                  shown below within the limits of a Community tariff quota
prevent a part of any Community tariff quota from                          of 1 424 000 tonnes :
                      CCT
    Order No         heading                                                                                                 Rate of
                                                                           Description
                       No                                                                                                   duty ( % )
    09.0313          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 minerals, these oils being
                                 the basic constituents of the preparations:
                                 A. Light oils :
                                      III . For other purposes                                                                 1,8
                                 B. Medium oils :
                                      III . For other purposes                                                                1,8
                                 C. Heavy oils :
                                        I. Gas oil :
                                            c ) For other purposes                                                            1,0
                                       II . Fuel oil :
                                            c ) For other purposes                                                            1,0
                                     III . Lubricating oils ; other oils :
                                            c ) To be mixed in accordance with the terms of Additional Note 7 to this
                                                Chapter ( a )                                                                 1,2
                                            d ) For other purposes                                                            1,8
                     27.11       Petroleum gases and other gaseous hydrocarbons:
                                 B. Other :
                                        I. Commercial propane and commercial butane :
                                            c ) For other purposes                                                            0,4
                     27.12       Petroleum jelly :
                                 A. Crude :
                                     III . For other purposes                                                                 0,5
                                 B. Other                                                                                     1,4
 ---pagebreak--- 31 . 12 . 86                                         Official Journal of the European Communities                                     No L 374 / 29
                            CCT
                                                                                                                                         Rate of
      Order No            heading                                                    Description
                             No                                                                                                         duty ( % )
       09.0313             27.13          Paraffin wax , micro-crystalline wax , slack wax , ozokerite , lignite wax , peat wax and
       (cont'd)                           other mineral waxes , whether or not coloured :
                                          B. Other :
                                               I. Crude :
                                                   c ) For other purposes                                                                  0,5
                                              II . Other                                                                                   1,3
                           27.14          Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils
                                          obtained from bituminous minerals :
                                          C. Other :
                                              II . Other                                                                                   0,5
( a ) Entry under this subheading is subject to conditions to be determined by the competent authorities .
                                 Article 2                                           3 . If, after its second share has been used up , 90 % or
                                                                                     more of the third share drawn by a Member State has been
 1 . A first instalment amounting to 926 000 tonnes of the                           used up , that Member State shall , in accordance with the
Community tariff quota referred to in Article 1 shall be                             conditions laid down in paragraph 1 , draw a fourth share
allocated among the Member States ; the respective shares ,                          equal to the third .
which subject to Article 5 shall be valid until 31 December
 1987 shall be as follows :
                                                                                     This process shall continue until the reserve is used up .
                                                             (tonnes)
           Benelux                                           40  000
           Denmark                                           24  000
                                                                                     4 . By way of derogation from paragraphs 1 , 2 and 3 , a
           Germany                                           20  000
                                                                                     Member State may draw shares smaller than those fixed in
           Greece                                              4 000
                                                                                     those paragraphs if there is reason to believe that these
           France                                          205   000
                                                                                     might not be used up . It shall inform the Commission of its
           Ireland                                           83  000
                                                                                     reasons for applying this paragraph .
           Italy                                             50  000
           United Kingdom                                  500   000
 2 . The second instalment                of 498 000          tonnes    shall
 constitute the reserve .                                                                                        Article 4
                                                                                      Each of the additional shares drawn pursuant to Article 3
                                                                                      shall be valid until 31 December 1987 .
                                  Article 3
 1.     If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90 % of that share minus the                                                    Article 5
portion returned to the reserve where Article 5 is applied ,
 has been used up , then , to the extent permitted by the
                                                                                      The Member States shall return to the reserve, not later
 amount of the reserve , that Member State shall forthwith ,
                                                                                     than 1 October 1987 , such unused portion of their initial
by notifying the Commission , draw a second share equal to
 15 % of its initial share , rounded up where necessary to the
                                                                                      share as , on 15 September 1987 , is in excess of 20 % of the
 next unit .
                                                                                      initial volume . They may return a greater quantity if there
                                                                                      are grounds for believing that it may not be used .
 2 . If, after its initial share has been used up , 90 % or
 more of the second share drawn by a Member State has                                 Member States shall , not later than 1 October 1987 , notify
 been used up , that Member State shall , in accordance with                          the Commission of the total quantities of the products in
 the conditions laid down in paragraph 1 , draw a third                               question imported up to 15 September 1987 and charged
 share equal to 7,5 % of its initial share , rounded up where                         against the Community tariff quota and of any quantities
 necessary to the next unit .                                                         of the initial shares returned to the reserve .
 ---pagebreak--- No L 374 / 30                             Official Journal of the European Communities                                 31 . 12 . 86
                          Article 6                                  2 . Member States shall ensure that importers of the
                                                                     products in question have free access to the shares allocated
The Commission shall keep an account of the shares                   to them .
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as it is notified , inform each Member           3 . Member States shall charge imports of the goods in
State of the extent to which the reserve has been used up .          question against their shares as and when such goods are
                                                                     entered with the customs authorities for free circulation .
It shall inform the Member States , not later than 5 October
1987 , of the amounts still in the reserve after quantities                                   Article 8
have been returned thereto pursuant to Article 5 .
                                                                     At the request of the Commission , Member States shall
The Commission shall ensure that the drawing which uses              inform it of imports of the products concerned actually
up a reserve does not exceed the balance available and , to          charged against their shares.
this end , shall notify the amount of that balance to the
Member State which makes such last drawing.
                                                                                              Article 9
                          Article 7
                                                                     The Member States and the Commission shall cooperate
                                                                    closely in order to ensure compliance with this
                                                                     Regulation .
1 . Member States shall take all measures necessary to
ensure that supplementary shares drawn pursuant to
Article 3 are opened in such a way that imports may be                                       Article 10
charged without interruption against their accumulated
shares of the Community tariff quotas .                             This Regulation shall enter into force on 1 January 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 16 December 1986 .
                                                                                        For the Council
                                                                                          The President
                                                                                            G. HOWE