CELEX: 31985R3130
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3130/85 of 22 October 1985 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 (1986)

16 . 11 . 85                                 Official Journal of the European Communities                                  No L 304 / 1
                                                                     I
                                                  (Acts whose publication is obligatory)
                                             COUNCIL REGULATION ( EEC) No 3130 / 85
                                                           of 22 October 1985
               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
                                                                   1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 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 Treaty establishing the European
Economic Community , and in particular Article 113                        Whereas , in respect of the last three years for which
thereof,                                                                  statistics are available the corresponding imports by each of
                                                                          the Member States represent the following percentages of
                                                                          the imports into the Community from Spain of the
Having regard to the proposal from the Commission ,                       products concerned :
Whereas an Agreement between the European Economic                                    Member State            1982     1983      1984
Community and Spain (*) was concluded on 29 June 1970
and supplemented by the Protocol to the Agreement                         Benelux                             13,8      4,1       2,4
between the European Economic Community and Spain                         Denmark                              2,8       —         —
consequent on the accession of the Hellenic Republic to the               Germany                              2,9      1,1       1,5
Community ( 2 );                                                          Greece                               0,1      0,3       0,9
                                                                          France                               8,1     57,5      23,9
                                                                          Ireland                               —        —         —
Whereas the Community committed itself, under this                        Italy                                9,1      8,7       8,0
Agreement, to opening an annual total Community tariff                    United Kingdom                      63,2     28,3      63,3
quota of 1 424 000 tonnes of certain petroleum products
falling within Chapter 27 of the Common Customs Tariff
and refined in Spain ; whereas the quota duty is equal to                 Whereas , in view of these factors , and of market forecasts
40 % of the Common Customs Tariff duties ; whereas this                   for the products concerned and in particular of the
Community tariff quota should be opened for 1986 ;                        estimates submitted by certain Member States , initial quota
                                                                          shares may be fixed approximately at the following
                                                                          percentages :
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to                              Benelux                                    2,4
the abovementioned quota and uninterrupted application                             Denmark                                    6,0
of the rate laid down for that quota to all imports of the
                                                                                   Germany                                    2,4
product concerned into all Member States until the quota                           Greece                                     0,5
has been used up ; whereas , having regard to the above                            France                                   18,2
principles , the Community nature of the quota can be                              Ireland                                    2,4
respected by allocating the Community tariff quota among
the Member States ; whereas , to reflect as accurately as                          Italy                                      6,0
possible the true trend of the market of the products in                           United Kingdom                           61,4
question , such allocation should be in proportion to the
requirements of the Member States ; calculated by reference               Whereas , in order to take into account import trends for
                                                                          the products concerned in the various Member States , the
                                                                          quota volume should be divided into two instalments , the
                                                                          first being shared between the Member States and the
(») OJ No L 182 , 16 . 8 . 1970 , p . 1 .                                 second constituting a reserve to cover at a later date the
( 2 ) OJ No L 326 , 13 . 11 . 1981 , p . 1 .                              requirements of Member States which have used up their
 ---pagebreak--- No L 304 / 2                                  Official Journal of the European Communities                                      16 . 11 . 85
initial quota shares; whereas, to give importers in each                     remaining unused in one Member State when it could be
Member State a certain degree of security , the first                        used in others ;
instalment of the Community quota might under the
present circumstances be fixed at about 58 % of the                          Whereas , since the Kingdom of Belgium , the Kingdom of
quota ;                                                                      the Netherlands and the Grand Duchy of Luxembourg are
                                                                             united within and jointly represented by the Benelux
Whereas the Member States' initial shares may be used up                     Economic Union , any operation relating to the
at different times ; whereas , in order to take this fact into               administration of the quota shares allocated to that
account and avoid any break in continuity, any Member                        economic union may be carried out by any of its
State which has almost used up its initial quota share                       members ,
should draw an additional share from the reserve ; whereas
this must be done by each Member State as and when each
of its additional shares is almost used up , and repeated as
many times as the reserve allows ; whereas the initial and                   HAS ADOPTED THIS REGULATION :
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                                                     Article 1
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been                        From 1 January to 31 December 1986 , and subject to the
used up and to inform the Member States thereof;                             measures which might be taken pursuant to Article 3 (2 )
                                                                             and (4 ) of Annex I to the Agreement between the European
Whereas if, at a given date in the quota period , a                          Economic Community and Spain , the Common Customs
substantial quantity of an initial share remains unused in                   Tariff duties in respect of the products refined in Spain and
any Member State , it is essential that that Member State                    listed below shall be suspended partially at the levels
should return a significant proportion to the reserve , to                   indicated for each of them , within the limits of a global
prevent a part of any Community tariff quota from                            Community tariff quota of 1 424 000 tonnes :
                     CCT
                                                                                                                  Rate of
                   heading                                       Description
                      No
                                                                                                                 duty ( % )
                    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                                                       2,4
                                B. Medium oils :
                                    III . For other purposes                                                       2,4
                                C. Heavy oils :
                                      I. Gas oil :
                                          c) For other purposes                                                     1,4
                                     II . Fuel oil :
                                          c) For other purposes                                                     1,4
                                    III. Lubricating oils ; other oils :
                                          c ) To be mixed in accordance with the terms of Additional
                                              Note 7 to this Chapter ( a )                                          1,6
                                          d ) For other purposes                                                   2,4
                    27.11       Petroleum gases and other gaseous hydrocarbons:
                                B. Other :
                                      I. Commercial propane and commercial butane:
                                          c ) For other purposes :                                                 0,6
                    27.12       Petroleum jelly :
                                A. Crude :
                                    III . For other purposes                                                       0,7
                                B. Other                                                                           2,0
 ---pagebreak---  16 . 11 . 85                                   Official Journal of the European Communities                                    No L 304 / 3
                          CCT
                                                                                                                      Rate of
                         heading                                       Description
                           No                                                                                        duty ( % )
                         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                                                  0,7
                                           II . Other                                                                  1,8
                         27.14        Petroleum bitumen , petroleum coke and other residues of petroleum
                                      oils or of oils obtained from bituminous minerals :
                                       C. Other :
                                           II . Other                                                                  0,7
                  ( a ) Entry under this subheading is subject to conditions to be determined by the competent authorities.
                              Article 2                                       share equal to 7,5 % of its initial share , rounded up where
                                                                              necessary to the next unit .
1 . A first instalment amounting to 820 000 tonnes of the
Community tariff quota referred to in Article 1 shall be                      3 . If, after its second share has been used up , 90 % or
allocated among the Member States ; the respective shares ,                   more of the third share drawn by a Member State has been
which subject to Article 5 shall be valid until 31 December                   used up , that Member State shall , in accordance with the
1986 shall be as follows :                                                    conditions laid down in paragraph 1 , draw a fourth share
                                                                              equal to the third .
                                                       ( tonnes)
        Benelux                                        20   000
        Denmark                                        50   000
                                                                              This process shall continue until the reserve is used up .
        Germany                                        20   000
        Greece                                            4 000
        France                                       156    000
                                                                              4 . By way of derogation from paragraphs 1 , 2 and 3 , a
        Ireland                                        20   000
                                                                              Member State may draw shares smaller than those fixed in
                                                                              those paragraphs if there is reason to believe that these
        Italy                                          50   000
                                                                              might not be used up. It shall inform the Commission of its
        United Kingdom                               500    000
                                                                              reasons for applying this paragraph .
2 . The second instalment            of   604 000       tonnes   shall
constitute the reserve .                                                                                Article 4
                                                                              Each of the additional shares drawn pursuant to Article 3
                              Article 3                                       shall be valid until 31 December 1986 .
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
amount of the reserve , that Member State shall forthwith ,                   The Member States shall return to the reserve, not later
by notifying the Commission , draw a second share equal to                    than 1 October 1986 , such unused portion of their initial
15 % of its initial share , rounded up where necessary to the                 share as , on 15 September 1986 , 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 1986 , 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 1986 and charged
 ---pagebreak---  No L 304 / 4                             Official Journal of the European Communities                                 16 . 11 . 85
against the Community tariff quota and of any quantities             2 . Member States shall ensure that importers of the
of the initial shares returned to the reserve .                      products in question have free access to the shares allocated
                                                                     to them .
                           Article 6                                 3 . Member States shall charge imports of the goods in
                                                                     question against their shares as and when such goods are
                                                                     entered with the customs authorities for free circulation .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as it is notified , inform each Member
State of the extent to which the reserve has been used up .                                    Article 8
It shall inform the Member States , not later than 5 October
1986 , of the amounts still in the reserve after quantities          At the request of the Commission , Member States shall
have been returned thereto pursuant to Article 5 .                   inform it of imports of the products concerned actually
                                                                     charged against their shares.
The Commission shall ensure that the drawing which uses
up a reserve does not exceed the balance available and , to
this end , shall notify the amount of that balance to the                                      Article 9
Member State which makes such last drawing.
                                                                     The Member States and the Commission shall cooperate
                                                                     closely in order to ensure compliance with this
                           Article 7                                 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 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Luxembourg, 22 October 1985 .
                                                                                         For the Council
                                                                                           The President
                                                                                            J. F. POOS