CELEX: 31974R0353
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 353/74 of the Council of 4 February 1974 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 (1974), refined in Turkey

20. 2. 74                            Official Journal of the European Communities                              No L 48 / 1
                                                             I
                                        (Acts whose publication is obligatory)
                                REGULATION (EEC) No 353/74 OF THE COUNCIL
                                                   of 4 February 1974
             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 (1974), refined in Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        ment, the new Member States must apply zero duties
                                                                 to the products concerned;
                                                                Whereas equal and direct access to the said quota by
Having regard to the Treaty establishing the Euro­               all importers and the uninterrupted application of the
pean Economic Community, and in particular Article               rate laid down for the said quotas to all imports of
113 thereof;                                                     the products in question into all Member States
                                                                 should be guaranteed until the quotas are exhausted;
                                                                whereas utilization of this quota, based on allocation
                                                                 between Member States, would appear to safeguard
Having regard to the proposal from the Commission ;              the Community character of the said quota as re­
                                                                gards the principles described above ; whereas in
                                                                 order to ensure that such allocation takes as much
Whereas, pending the entry into force of the Sup­                account as possible of the actual development of the
plementary Protocol signed in Ankara on 30 June 1973             market of the products concerned, the allocation of
containing the adjustments to be made to the Agree­              shares should be in direct proportion to the needs
ment establishing an Association between the Euro­               of Member States, calculated, on the one hand, on
pean Economic Community and Turkey and to the                   the basis of statistics relating to imports from Turkey
Additional Protocol (1) consequent on the Accession              during a given representative period and, on the
of new Member States, the Community has under­                   other, on the basis of the economic prospects for the
taken, in an Interim Agreement (2) which runs only               quota period considered ;
for the period prior to the entry into force of this
Supplementary Protocol but which, in any case, may               Whereas, during the past three years for which com­
not extend beyond 31 December 1974, to implement                 plete statistics are available, imports of these prod­
certain provisions of the Supplementary Protocol                 ucts from Turkey into the various Member States
relating to trade in goods ; whereas, under Article              were as follows :
6 of the Interim Agreement amending the first para­
graph of the Sole Article of Annex 1 to the Additional                                                          (metnc tons)
Protocol, the Community must, as from 1 January
                                                                                                        1971        1972
1974, totally suspend the customs duties applicable                                             1970
to certain petroleum products falling within
Chapter 27 of the Common Customs Tariff, refined                 Germany                      0        42 304     300 000
in Turkey, within the limit of an annual Community
                                                                 Benelux                      0           0        96 222
tariff quota of 340 000 metric tons ; whereas, pursuant
to Article 2 of the abovementioned Interim Agree­                France                       0           0            0
                                                                 Italy                       15 750       0       110 162
                                                                 Denmark                     19 780-4     0            0
                                                                 Ireland                      0           0            0
0) OJ No L 293 , 29. 12. 1972, p. 4.                             United Kingdom              35 350       0        38 200
(■) OJ No L 277, 3. 10. 1973, p. 2.
 ---pagebreak--- No L 48/2                           Official Journal of the European Communities                                 20 . 2. 74
whereas this information indicates that imports of             that that Member State pay a certain percentage of
these products are very irregular and that the cal­            it back into the reserve, in order to avoid a part of the
culation of the percentages which they represent in            Community quota remaining unused in one Member
relation to the total imports into the Community of            State when it could be used in others ;
the same products from Turkey would not therefore
be significant; whereas the calculation of the imports
from Member States in question for the quota period            Whereas it does not seem possible for the moment,
considered proves difficult as a result of the irregu­         taking into account the differences still existing in the
larity noted in imports during the foregoing years ;           national provisions governing the market of the
whereas the foreseeable import figures put forward             products in question, to lay down a single method
by the Member States for the quota period concerned            of administration ;
leads to the quota considered being allocated accord­
ing to the percentages indicated hereafter:
                                                               Whereas since the Kingdom of Belgium, the Kingdom
                                                               of the Netherlands and the Grand Duchy of Luxem­
         Germany                              42-1             bourg are united in and represented by the Benelux
         Benelux                              16-5
                                                               Economic Union, all transactions concerning the ad­
                                                               ministration of shares granted to the abovementioned
         France                                8-3             Economic Union may be carried out by any one of
         Italy                                12-4             its members,
         Denmark                               4-2
         Ireland                               4-2
         United Kingdom                       12-3             HAS ADOPTED THIS REGULATION :
Whereas to take into account the uncertainty in the                                     Article 1
development of imports of the said products into
Member States, the quota volume should be divided
 into two portions, the first portion being allocated           1 . Subject to any measures taken under paragraphs
 between the Member States, and the second portion             2 and 4 of the single article of Annex 1 to the Ad­
 forming a reserve intended to meet subsequently               ditional Protocol between the European Economic
 the needs of the Member States which have exhausted           Community and Turkey, a Community tariff quota
 their original share of the quota; whereas in order            of 340 000 metric tons shall be opened until 31 De­
 to ensure some security to importers in each Member            cember 1974 for the following petroleum products,
 State, the first portion of the Community quota should         refined in Turkey and falling within Chapter 27 of
 be fixed at a relatively high level which, under the           the Common Customs Tariff :
 circumstances, might amount to approximately 85%
 of the quota volume ;
                                                                    CCT
 Whereas the initial quota shares of those Member                  heading                       Description
                                                                     No
 States may be used up at different times ; whereas,
 in order to take this fact into account and avoid any
 break in continuity, it is important that any Member                        Petroleum oils and oils obtained from bitu­
                                                                    27.10
 State having used up almost the whole of its initial                        minous minerals , other than crude ; prepara­
 quota share should draw an additional quota share                           tions not elsewhere specified or included,
 from the reserve; whereas this must be done by each                         containing not less than 70% by weight of
 Member State as and when each of its additional                             petroleum oils or of oils obtained from
 quota shares is almost entirely used up, and repeated                       bituminous minerals, these oils being the
                                                                             basic constituents of the preparations :
 as many times as the reserve allows ; whereas the
 initital and additional quota shares must be available                      A. Light oils :
 for use until the end of the quota period, whereas                              III. For other purposes
 such method of administration calls for close co­
                                                                             B. Medium oils :
 operation between Member States and the Commis­
 sion, which must, in particular, be able to observe                             III. For other purposes
 the extent to which the quota amounts are used and                           C. Heavy oils :
 inform Member States thereof;
                                                                                   I. Gas oil :
                                                                                      c) For other purposes
  Whereas if, at a specified date in the quota period, a                          II. Fuel oil :
  considerable balance of one of the initial shares re­
                                                                                      c) For other purposes
  mains in one or other Member State, it is essential
 ---pagebreak--- 20 . 2. 74                                     Official Journal of the European Communities                               No L 48 /3
                                                                          the proportions which, subject to Article 5, shall be
    CCT                                                                   valid until 31 December 1974, shall consist of the
   heading                            Description                         following amounts :
     No
                                                                                  Germany               122 000 metric  tons
   27.10              III. Lubricating oils ; other oils                          Benelux                48 000 metric  tons
 (cont'd)                   c) To be mixed in accordance with                     France                 24 000 metric  tons
                               the terms       of Additional        Note
                               7 to Chapter 27 (a)                                Italy                  36 000 metric  tons
                                                                                  Denmark                 12 000 metric tons
                            d) For other purposes
                                                                                  Ireland                12 000 metric  tons
                                                                                   United Kingdom        36' 000 metric tons
     27.11       Petroleum gases and other gaseous hydro­
                 carbons :
                                                                          3 . The second instalment, amounting           to  50 000
                 B. Other :                                               metric tons, shall make up the reserve.
                        I. Commercial propane and commercial
                            butane :
                            c) For other purposes                                                   Article 3
     27.12       Petroleum jelly :                                        1 . If 90% or more of one of the initial shares of
                 A. Crude :                                               a Member State, as laid down in Article 2 (2), or
                                                                          90% of that share less the amount returned into the
                      III. For other purposes
                                                                          reserve, where the provisions of Article 5 have been
                 B. Other
                                                                          applied, has been exhausted, that Member State con­
                                                                          cerned shall proceed without delay, by notifying the
     27.13       Paraffin wax, micro-crystalline wax, slack               Commission to draw a second share equal to 20% of
                 wax, ozokerite, lignite wax, peat wax and                its initial share, where appropriate rounded up to
                 other mineral waxes , whether or not coloured :          the next figure, to the extent that the amount in
                                                                          the reserve allows .
                 B. Other :
                        I.  Crude :
                                                                          2. If, after its initial share has been exhausted, 90%
                            c) For other purposes                         or more of the second share drawn by a Member,
                       II . Other                                         States has been used, that Member State shall
                                                                          proceed under the conditions laid down in paragraph
                                                                          1 to draw a third share equal to 10% of its initial
     27.14       Petroleum bitumen, petroleum coke and other              share, where appropriate rounded up to the next
                 residues of petroleum oils or of oils obtained           figure.
                 from bituminous minerals :
                 C. Other
                                                                          3 . If, after its second share has been exhausted, 90%
                                                                          or more of the third share drawn by a Member State
(a) Entry under this subheading is subject to conditions to be determined has been used, that Member State shall proceed,
    by the competent authorities.
                                                                          under the same conditions, to draw a fourth share
                                                                          equal to the third.
2. Within the Community tariff quota, Common                              This procedure shall be followed until the reserve
Customs Tariff duties shall be totally suspended.                         has been exhausted .
Within the limits of the quota, the new Member
States shall also exempt the petroleum products                           4. Notwithstanding the provisions of paragraphs 1 ,
concerned from duty.                                                      2 and 3 , Member States 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
                               Article 2                                  reasons which led them to apply this paragraph.
1 . The tariff quota referred to Article 1 ( 1 ) shall be
divided into two instalments .                                                                      Article 4
2. The first instalment, amounting to 290 000 metric                      Additional shares drawn pursuant to Article 3 shall
tons, shall be shared among the Member States ;                            be valid until 31 December 1974.
 ---pagebreak--- No L 48/4                           Official Journal of the European Communities                             20. 2. 74
                        Article 5                              pursuant to Article 3, it is possible for charges to
                                                               be made without interruption against the accumulated
If, on 15 September 1974, a Member State has not               shares of the Community tariff quota.
used up its initial quota share, it shall, not later than
10 October 1974, return to the reserve the unused              2 . The Member States shall take all measures necess­
portion of its share in excess of 20% of the initial           ary to guarantee free access to the quotas allocated
amount. It may return a larger quantity if there are           to them by all importers established on their terri­
reasons to consider that such quantity might not be            tory.
used.
                                                               3 . The extent to which the quota shares of the Mem­
The Member States shall, not later than 10 October             ber States have been used up shall be established on
1974, notify the Commission of the total imports of            the basis of imports of the products concerned sub­
the products concerned effected up to and including            mitted to the customs authorities under cover of a
15 September 1974, and charged against the Com­                declaration that they have been made available for
munity quota and, where appropriate, the proportion            consumption.
of their original quota share that is being returned
to the reserve .
                                                                                     Article 8
                        Article 6
                                                               The Member States shall inform the Commission at
The Commission shall keep account of the initial               regular intervals of imports of the products in
share opened by Member States in accordance with               question actually charged against their quota shares.
Articles 2 and 3 and shall inform each of them of
the extent to which the reserves have been used as
soon as it receives the notifications.
                                                                                      Article 9
The Commission shall, not later than 15 October
1974, notify Member States of the state of the reserve         The Member States and the Commission shall co­
after the return of quota shares pursuant to Article 5 .       operate closely to ensure that this Regulation is
                                                               respected.
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available
and, for this purpose shall specify the amount there­                                Article 10
of to the Member State which makes the final
drawing.                                                       The tariff quota laid down in this Regulation shall
                                                                be opened for 1974.
                        Article 7
                                                                This Regulation shall enter into force on the third
1 . The Member States shall take all measures neces­            day following its publication in the Official Journal
sary to ensure that when additional quotas are drawn            of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 February 1974.
                                                                                 For the Council
                                                                                   The President
                                                                                    W. SCHEEL