CELEX: 31990R3923
Language: en
Date: 1990-12-21
Title: Council Regulation (EEC) No 3923/90 of 21 December 1990 opening and providing for the administration of a Community preferential ceiling for certain petroleum products refined in Turkey and establishing Community surveillance for imports thereof (1991)

No L 376 / 6                                       Official Journal of the European Communities                                        31 . 12 . 90
                                                  COUNCIL REGULATION (EEC) No 3923 / 90
                                                                 of 21 December 1990
                     opening and providing for the administration of a Community preferential ceiling for certain
                     petroleum products refined in Turkey and establishing Community surveillance for imports
                                                                     thereof ( 1991 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                        should, therefore, be made subject to a system of
                                                                                 surveillance;
Having regard to the Treaty establishing the European                            Whereas this objective may be achieved by means of an
Economic Community, and in particular Article 113                                administrative procedure based on offsetting imports of the
thereof,                                                                         products in question against the ceiling at Community level
                                                                                 as and when these products are entered with the customs
Having regard to the proposal from the Commission ,                               authorities for free circulation ; whereas this administrative
                                                                                 procedure must make provision for the possible
                                                                                 re-establishment of customs tariff duties as soon as the ceiling
Whereas Article 7 of the Supplementary Protocol to the                           is reached at Community level ;
Association Agreement between the European Economic
Community and Turkey consequent on the accession of new                          Whereas this administrative procedure requires close and
Member States to the Community ('), which was signed in                          particularly swift cooperation between the Member States
Ankara on 30 June 1973 and entered into force on 1 March                          and the Commission; whereas the latter must, in particular,
1986 ( 2 ), provides for the total suspension of customs duties                  be able to follow the progress of quantities charged against
applicable to certain petroleum products refined in Turkey                       the ceiling and keep the Member States informed ; whereas
falling within Chapter 27 of the Common Customs Tariff                           this cooperation has to be particularly close since the
within the limits of an annual Community tariff quota of                         Commission must be able to take the appropriate measures
340 000 tonnes ; whereas, for the products concerned , a                         to re-establish customs tariff duties if the ceiling is
provisional adjustment should be made to those tariff                            reached ,
preferences , consisting essentially of substituting for the
Community tariff quota a Community ceiling amounting,
after successive increases , to 740 250 tonnes, above which
                                                                                 HAS ADOPTED THIS REGULATION :
the customs duties applicable to third countries may be
re-established;
                                                                                                               Article 1
Whereas the Council adopted Regulation ( EEC ) No
1059 / 88 laying down, the arrangements applicable to                             1.    From 1 January to 31 December 1991 the duties
Greece's trade with Turkey ( 3 ); whereas, the Council also                       applicable to imports into the Community of the petroleum
adopted Regulation (EEC) No 2573 / 87 laying down the                            products refined in TTurkey and indicated in paragraph 2 shall
arrangements for trade between Spain and Portugal , on the                        be suspended in full within the limits of a Community ceiling
one hand , and Algeria, Egypt, Jordan, Lebanon , Tunisia and                     of 740 250 tonnes .
TTurkey, on the other ( 4 ); whereas the tariff quota in question
applies therefore to the current Community ;                                     Within the limits of this ceiling, the Kingdom of Spain and the
                                                                                 Portuguese Republic shall apply the duties calculated in
                                                                                  accordance with Regulation (EEC ) No 2573 / 87 .
Whereas the application of ceilings requires the Community
to be regularly informed of the trend of imports of the                           2.    The petroleum products to which paragraph 1 applies
relevant products originating in Turkey; whereas imports                          shall be the following:
                      Order
                        No
                                            CN code                                         Description
                13.0010              2710 00             Petroleum oils and oils obtained from bituminous minerals , other than crude
          I                       I                      preparations not elsewhere specified or included, containing by weight 70 %
          I                                              or more of petroleum oils or of oils obtained from bituminous minerals, these
          I                       II                     oils being the basic constituents of the preparations:
                                  \                      — Light oils:
          l                       \                      — — For other purposes :
(>)  OJ No  L  361 , 31 . 12 . 1977 , p. 2 .
(2 ) OJ No   L 48 , 26 . 2 . 1986, p. 36 .
(3)  OJ No   L 104 , 23 . 4 . 1988 , p . 4 .
(«)  OJ No   L 250 , 1 . 9 . 1987 , p . 1 .
 ---pagebreak--- 31 . 12 . 90                                       Official Journal of the European Communities                                            No L 376 / 7
                       Order
                                          CN code                                               Description
                        No
                 13.0010                                   — — — Special spirits:
                 (cont'd)            2710 00 21            — — — — White spirit
                                     2710 00 25            — — — — Other
                                                           — — — Other:
                                                           _ _ _ _ Motor spirit:
                                     2710 00 31            — — — — — Aviation spirit:
                                                           — — — — — Other , with a lead content:
                                     2710 00 33            — — — — — — Not exceeding 0,013 g /1
                                     2710 00 35            — — — — — — Exceeding 0,013 g / 1
                                     2710 00 37            — — — — Spirit type jet fuel
                                     2710 00 39            — — — — Other light oils
                                                           — Medium oils :
                                                           — — For other purposes:
                                                           _ _ _ Kerosene :
                                     2710 00 51            — — — — Jet fuel
                                     2710 00 55            - - - - Other
                                     2710 00 59            — — — Other
                                                           — Heavy oils :
                                                           — — Gas oils :
                                     2710 00 69            — — — For other purposes
                                                           — — Fuel oils:
                                     2710 00 79            — — — For other purposes
                                                           — — Lubricating oils ; other oils:
                                     2710 00 95            — — — To be mixed in accordance with the terms of additional note 6 ( CN)
                                                                      to this chapter (*)
                                     2710 00 99 •          — — — For other purposes
                                     2711                  Petroleum gases and other gaseous hydrocarbons:
                                     2711 12               — — Propane:
                                                           — — — Other:
                                     2711 12 99            — — — — For other purposes
                                     2711 13               — — Butanes :
                                     2711 13 90            _ _ _ For other purposes
                                     2712                  Petroleum jelly, paraffin wax, microcrystalline petrolum wax , slack wax,
                                                           ozbkerite , lignite wax , peat wax , other mineral waxes , and similar products
                                                           obtained by synthesis or by other processes, whether or not coloured:
                                     2712 10               — Petroleum jelly :
             I                       2712 10 10            — — Crude
                                     2712 10 90            — — Other
             l                       2712 20 00            — Paraffin wax containing by weight less than 0,75 % of oil
                                     2712 90               — Other :
                                                           — — Other :
                                                           — — — Crude :
                                     2712 90 39           — — — — For other purposes
                                     2712 90 90           — — — Other
                                     2713                 Petroleum coke , petroleum bitumen and other residues of petroleum oils or of
                                                          oils obtained from bituminous minerals :
                                     2713 90              — Other residues of petroleum oils or of oils obtained from bituminous
                                                              minerals :
                                     2713 90 90           — — Other
               ( J ) Entry under this code is subject to conditions laid down in the relevant Community provisions.
 ---pagebreak--- No L 376 / 8                              Official Journal of the European Communities                                 31 . 12 . 90
3.     Imports of the petroleum products referred to in                                        Article 3
paragraph 1 shall be subject to Community surveillance.
                                                                     Member States shall send the Commission statements of
4.     Quantities shall be charged against the ceiling as and
                                                                     the quantities charged for the preceding month no later than
when products are entered with the customs authorities for
free circulation .
                                                                     the 15th day of each month . At the Commission's request ,
                                                                     they shall send statements of the quantities charged for
                                                                     periods of 10 days, to be forwarded within five clear days of
5.     The extent to which the ceiling is used up shall              the end of each 10-day period .
be determined at Community level on the basis of the
imports charged against it, in the manner specified in
paragraph 4.
6.    Member States shall inform the Commission, at the                                        Article 4
intervals and within the time limits specified in Article 3 , of
imports effected in accordance with the rules referred to in         The Commission shall take all appropriate measures, in close
this Article .
                                                                     cooperation with the Member States , to ensure the
                                                                     implementation of this Regulation.
                            Article 2
As soon as the ceiling referred to Article 1 ( 1 ) has been                                    Article 5
reached at Community level , the Commission may adopt a
regulation re-establishing, until the end of the calendar year ,
the collection of the duties normally applicable .                   This Regulation shall enter into force on 1 January 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 21 December 1990 .
                                                                                           For the Council
                                                                                             The President
                                                                                             A. RUBERTI