CELEX: 31977R3008
Language: en
Date: 1977-12-20 00:00:00
Title: Council Regulation (EEC) No 3008/77 of 20 December 1977 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 Spain (1978)

31 . 12. 77                          Official Journal of the European Communities                           No L 355/7
                                   COUNCIL REGULATION (EEC) No 3008/77
                                                  of 20 December 1977
               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 Spain ( 1978)
THE COUNCIL OF THE EUROPEAN                                     Whereas, during the last three years for which statis­
COMMUNITIES,                                                    tics are available, the corresponding imports by each
                                                                of the Member States represent the following percen­
                                                                tages of the imports into the Community from, Spain
Having regard to the Treaty establishing the European           of the products concerned :
Economic Community, and in particular Article 113
thereof,
                                                                         Member States        1974     1975         1976
Having regard to the proposal from the Commission,              Benelux                       22-1    22-8        24-8
                                                                Denmark                        00       0-0          0-0
                                                                Germany                       45-4    54-4        32-4
Whereas the Agreement between the European                      France                         91       0-9          8-5
                                                                Ireland                        00       0-0          0-0
Economic Community and Spain ('), provides in
Article 2 ( 1 ) together with Article 3 of Annex I, for         Italy                          4-7      4-3          6-4
the opening by the Community of an annual total                 United Kingdom                18-8     17-6       27-9
Community tariff quota of 1 200 000 tonnes of certain
petroleum products falling within Chapter 27 of the
Common Customs Tariff, refined in Spain ; whereas,
pursuant to Article 2 of the said Annex, the quota              Whereas, in vew of these factors, of the foreseeable
duty is equal to 40 % of the Common Customs Tariff              development of the market for the products in ques­
duties ; whereas this preferential tariff arrangement           tion and in particular of the estimates submitted by
has been provided only for imports of these products            certain Member States, initial quota shares may be
into the Member States of the Community in its orig­            fixed approximately at the following percentages :
inal composition ; whereas, according to the Act of
Accession, imports of these products into the three                     Benelux                             22-77
new Member States are subject to the rates of duty of                   Denmark                              7-14
the Common Customs Tariff from 1 July 1977 ;                            Germany                             42-86
whereas the import arrangements relating to these                       France                               6-07
products should be uniform throughout the Commu­                        Ireland                              0-18
nity ; whereas the aforementioned annual quota                          Italy                                4-91
volume should be increased to 1 400 000 tonnes ;
                                                                        United Kingdom                      16-07 ;
whereas this Community tariff quota should be
opened for 1978 ;
                                                               Whereas, to take account of future import trends in
                                                               the various Member States of the product under
Whereas it is in particular necessary to ensure for all        consideration, the total quota volume should be
Community importers equal and uninterrupted access             divided into two tranches, the first being shared
to the abovementioned quota and uninterrupted appli­           between the Member States and the second held as a
cation of the rate laid down for that quota to all             reserve to cover at a later date the requirements of
imports of the product concerned into all Member               those Member States having used up their initial
States until the quota has been used up ; whereas,             share ; whereas to give importers in each Member
having regard to the principles mentioned above, the           State a certain degree of security, the first tranche of
Community nature of the quota can be respected by              the Community quota might be fixed at about 80 %
allocating the Community tariff quota among the                of the quota volume ;
Member States ; whereas, to represent as closely as
possible the actual development of the market in the
products in question, the allocation should follow             Whereas the initial shares of Member States may be
proportionately the requirement of the Member States           used up more or less quickly ; whereas, therefore, to
calculated from both statistics of imports from Spain          avoid disruption of supplies any Member State which
during a representative period and the economic                has almost used up its initial share, must draw a
outlook for the tariff period in question ;                    supplementary share from the reserve ; whereas this
                                                               must be done by each Member State as each one of its
(') OJ No L 182, 16. 8 . 1970, p. 2.                           supplementary shares is almost used up, and as many
 ---pagebreak--- No L 355/8                                Official Journal of the European Communities                                              31 . 12. 77
times as the reserve allows ; whereas the initial and                              Benelux Economic Union any measure concerning
supplementary shares must be valid until the end of                                the administration of the shares allocated to that
the quota period ; whereas this form of administration                             economic union may be carried out by any one of its
requires close collaboration between the Member                                    members,
States and the Commission, and the Commission
must be in a position to follow the extent to which
the quota volume has been used up and inform the                                   HAS ADOPTED THIS REGULATION :
Member States thereof ;
Whereas if, at a given date in the quota period, a                                                                Article 1
considerable quantity of the initial share is left over in
a Member State, it is essential that each state should                             From 1 January 1978 until 31 December 1978 and
return a significant proportion to the reserve, to                                 subject to the measures which might be taken
prevent a part of the Community quota from                                         pursuant to Article 3 (2) and (4) of Annex I to the
remaining unused in one Member State while it could                                Agreement between the European Economic Commu­
be used in others ;                                                                nity and Spain, the Common Customs Tariff duties in
                                                                                   respect of the products refined in Spain and listed
Whereas since the Kingdom of Belgium, the                                          below shall be suspended partially at the levels indi­
Kingdom of the Netherlands and the Grand Duchy of                                  cated for each of them, within the limits of a global
Luxembourg are united in and represented by the                                    Community tariff quota of 1 400 000 tonnes :
                       CCT                                                                                                  Rate of
                     heading                                               Description                                       duty
                        No                                                                                                   (% )
             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 petro­
                                         leum 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 Addi­
                                                        tional Note 7 to this Chapter (a)                                    1-6
                                                    (d) For other purposes                                                   2-4
             27.11                       Petroleum gases and other gaseous hydrocarbons :
                                         B. Other :
                                             1 . Commercial propane and commercial butane :
                                                  (c) For other purposes                                                     0-6
             27.12                       Petroleum jelly :
                                         A. Crude :
                                             III. For other purposes                                                         0-8
                                         B. Other                                                                            2-8
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak--- 31 . 12. 77                             Official Journal of the European Communities                                  No L 355/9
                       CCT                                                                                  Rate of
                      heading                                     Description                                duty
                        No                                                                                   (%)
                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                                        0-8
                                          II . Other                                                         2-4
                27.14                 Petroleum bitumen, petroleum coke and other residues of
                                      petroleum oils or of oils obtained from bituminous minerals :
                                      C. Other :
                                          II . Other                                                         0-8
                            Article 2                                     3 . If, after its second share has been used up, 90 %
                                                                          or more of the third share drawn by a Member State
1 . The first tranche, amounting to 1 120 000 tonnes                      has been used up, that Member State shall in accor­
of the Community tariff quota referred to in Aricle 1 ,                   dance with the same conditions, draw a fourth share
shall be allocated among the Member States ; the                          equal to the third.
respective shares which, subject to Article 5, shall be
valid until 31 December 1978 shall consist of the
                                                                          This process shall continue to apply until the reserve
following amounts :                                                       is used up.
                                                 (tonnes)
         Benelux                                255   000
                                                                          4. By derogation from paragraphs 1 , 2 and 3, the
         Denmark                                  80  000
                                                                          Member States may proceed to draw shares smaller
         Germany                                480   000
                                                                          than those fixed therein , if there is reason to believe
         France                                   68  000
                                                                          that those shares might not be used up. They shall
         Ireland                                    2 000                 inform the Commission of the reasons which led
         Italy                                    55  000
                                                                          them to apply this paragraph .
         United Kingdom                          180  000 .
                                                                                                 Article 4
2.    The second tranche, amounting to 280 000
tonnes, shall constitute a reserve .
                                                                          Additional shares drawn pursuant to Article 3 shall be
                                                                          valid until 31 December 1978 .
                            Article 3
1.     If 90 % or more of one of a Member State's
                                                                                                 Article 5
initial share as specified in Article 2 ( 1 ), or of that
share minus the portion returned to the reserve where
Article 5 is applied, has been used up, that Member                       The Member States shall return to the reserve, not
State shall without delay, by notifying the Commis­                       later than 1 October 1978, the unused portion of their
sion, draw a second share equal to 1 5 % of its initial                   initial share which, on 15 September 1978, is in
share, rounded up where necessary to the next unit, to                    excess of 20 % of the initial amount. They may return
the extent permitted by the amount of the reserve.                        a greater portion if there are grounds for believing
                                                                          that such portion may not be used in full.
2. If, after its initial share has been used up, 90 %
or more of the second share drawn by a Member State                       Member States shall, not later than 1 October 1978,
has been used up, that Member State shall, by noti­                       notify the Commission of the total quantities of the
fying the Commission, draw a third share equal to                         said goods imported up to and including 15
7-5 % of its initial share, rounded up to the next unit                   September 1978 and charged against the appropriate
where necessary, to the extent permitted by the                           Community tariff quota and any quantities of the
amount of the reserve .                                                   initial share returned to the reserve.
 ---pagebreak--- No L 355/ 10                       Official Journal of the European Communities                           31 . 12. 77
                       Article 6                              2. Member States shall ensure that importers of the
                                                              said goods established in their territory have free
The Commission shall keep an account of the shares            access to the shares allocated to them .
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as it has been notified, inform      3. Member States shall charge imports of the said
each State of the extent to which the reserves have           goods against their shares as and when such goods are
been used up.                                                 entered for home use.
It shall inform the Member States not later than 5
October 1978 of the amounts still in reserve after                                    Article 8
amounts have been returned thereto pursuant to                On receipt of a request from the Commission,
Article 5.
                                                              Member States shall inform it of imports actually
It shall ensure that the drawing which uses up a              charged against their shares.
reserve is limited to the balance available and to this
end shall specify the amount thereof to the Member                                    Article 9
State making the last drawing.
                                                              The Member States and the Commission shall coop­
                        Article 7                             erate closely in order to ensure that this Regulation is
                                                              observed .
1.    Member States shall take all measures necessary
to ensure that supplementary shares drawn pursuant                                   Article 10
to Article 3 are opened in such a way that imports
may be charged without interruption against their             This Regulation shall enter into force on 1 January
accumulated shares in the Community tariff quotas.             1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 December 1977.
                                                                          For the Council
                                                                            The President
                                                                            H. SIMONET