CELEX: 31976R3031
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3031/76 of 9 December 1976 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 (1977)

20 . 12 . 76                        Official Journal of the European Communities                            No L 350/5
                                    COUNCIL REGULATION (EEC) No 3031/76
                                                 of 9 December 1976
               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 ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       Whereas, during the last three yedrs for which
                                                                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 products concerned :
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 113 thereof,                                                                          1973     1974     1975
                                                                Germany                      49-0      56-0     66-1
                                                                Benelux                       15-3     27-2     27-6
Having regard to the proposal from the Commission,
                                                                France                        11-2     11-1      1-1
                                                                Italy                        24-5       5-7      5-2
Whereas the Agreement between the European
Economic Community and Spain, signed at
Luxembourg on 29 June 1970, provides in Article 2               Whereas, in view of these factors, of the foreseeable
( 1 ), together with Article 3 of Annex I, for the              development of the market for the products in
opening by the Community of an annual total Com­                question and in particular of the estimates submitted
munity tariff quota of 1 200 000 metric tons of _               by certain Member States, initial quota shares may
certain petroleum products falling within Chapter 27            be fixed approximately at the following percentages :
of the Common Customs Tariff, refined in Spain ;
whereas, pursuant to Article 2 of the said Annex,
the quota duty is equal to 40% of the Common                             Germany                             46
Customs Tariff duties effectively applied in this year                   Benelux                             32
in respect of the product concerned ; whereas the
Community tariff quota in question should be                             France                              11
opened for the year 1977 ;
                                                                         Italy                               11
                                                                Whereas, to take account of future import trends in
Whereas it is in particular necessary to ensure for all         the various Member States of the product under
Community importers equal and uninterrupted access              consideration, the total quota volume should be
to the abovementioned quota and uninterrupted                   divided into two instalments, the first being shared
application of Che rate laid down for that quota to             among the Member States and the second
all imports of the product concerned into all Member            held as a reserve to cover at a later date the
States until the quota has been used up ; whereas,              requirements of those Member States, having used
having regard to the principles mentioned above, the            up their initial share ; whereas to give Member State
Community nature of the quota can be respected by               importers some certainty, the first instalment of the
allocating the Community tariff quota among the                 Community quota might be fixed at about 77% of
Member States ; whereas, to represent as closely as             the quota volume ;
possible the actual development of the market in the
products in question, the allocation should follow
proportionately tthe requirement of the Member                  Whereas the initial shares of Member States may be
States calculated from both statistics of imports from          used up more or less quickly ; whereas, therefore,
Spain during a representative period and the                    to avoid disruption of supplies any Member State
economic outlook for the tariff period in question ;            whidh has almost used up its initial share, must draw
 ---pagebreak--- No L 350/6                                  Official Journal of the European Communities                                            20. 12. 76
a supplementary share from the reserve ; whereas                                Luxembourg are united in and represented by the
this must be done by each Member State as each                                  Benelux Economic Union, any measure concerning
one of its supplementary shares is almost used up,                              the administration of tthe quota shares allocated to
and as many times as the reserve allows ; whereas                               that economic union may be carried out by any of
the initial and supplementary shares must be valid                              its members,
until the end of the quota period ; whereas this form
of administration requires close collaboration
between tthe Member States and the Commission,
and the Commission must be in a position to follow                              HAS ADOPTED THIS REGULATION :
the extent to which the quota volume has been used
up and inform the Member States thereof;
                                                                                                             Article 1
Whereas if, at a given date in the quota period,
a considerable quantity of the initial share is left
over in a Member Staite, it is essential that each                              From 1 January until 31 December 1977, ¡and subject
State should return a significant proportion to the                             to the measures which might be taken pursuant to
reserve to prevent a part of the Community quota                                Article 3 (2) and (4) of Annex I to the Agreement
from remaining unused in one Member State while                                 between the European Economic Community and
it could be used in others ;                                                    Spain, the Common Customs Tariff duties in respect
                                                                                of the products refined in Spain and listed below
                                                                                shall be suspended partially at the levels indicated
Whereas, since the Kingdom of Belgium, the King­                                for each of them, within the limits of a global Com­
dom of the Netherlands and the Grand Duchy of                                   munity tariff quota of 1 200 000 metric tons :
                      CCT
                    heading                                           Description
                                                                                                                       Rate of 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 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 :
                                          1 . Commercial propane and commercial butane :
                                               c) For other purposes                                                        0-6
              ( a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak--- 20. 12 . 76                             Official Journal of the European Communities                                No L 350/7
                    CCT
                  heading                                   Description                                Rate of duty
                     No                                                                                    (% )
                   27.12         Petroleum jelly :
                                 A. Crude :
                                     III. For other purposes                                               0-8
                                 B. Other                                                                  2-8
                   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                                   2. If, after its initial share has been exhausted, 90%
                                                                      or more of the second share drawn up by a Member
1 . A first instalment, amounting to 925 000 metric                   State has been used, that Member State shall proceed,
tons of the Community tariff quota referred to in                     in accordance with the conditions laid down in
Article 1 , shall be allocated among the Member                       paragraph 1 , to draw a third share, equal to 7-5% of
States; the respective shares, which subject to Article               its initial share, rounded up to the next unit where
5 shall be valid until 31 December 1977, shall consist                 appropriate, to the extent that the reserve is sufficient.
of the following amounts :
         Germany              425 000 metric tons ,                   3 . If, after its second share has been exhausted, 90%
                                                                       or more of the third share drawn by a Member State
         Benelux              300 000 metric tons,                    has been used, that Member State shall proceed in
                                                                      the same way to draw a fourth share equal to the
                                                                       third .
         France               100 000 metric tons,
         Italy                100 000 metric tons .                    This process shall be applied until the reserve is
                                                                       exhausted .
2. The second instalment of 275 000 metric tons
 shall constitute the reserve.
                                                                       4. Notwithstanding paragraphs 1 , 2 and 3 , the
                                                                       Member States may proceed to draw shares smaller
                                                                       than those fixed in those paragraphs if there is reason
                          Article 3                                    to ibelieve that they might not be used up. They shall
                                                                       inform the Commission of the reasons which led
 1 . If 90% or more of the initial share of a Member                   them to apply this paragraph.
State laid down in Article 2 ( 1 ), or 90% of that share
less the amount returned into the reserve where the
provisions of Article 5 have been applied, has been
exhausted , that Member State shall proceed without                                             Article 4
delay, by notifying the Commission, to draw a
second share, equal to 15% of its initial share,                       Each of the additional shares drawn pursuant to
rounded up to the next unit.                                           Article 3 shall be valid until 31 December 1977 .
 ---pagebreak--- No L 350/8                          Official Journal of the European Communities                             20. 12. 76
                        Article 5                                                        Article 7
The Member States shall return to the reserve, not             1 . The Member States shall take all appropriate
later t!han 1 October 1977, the unused portion of              measures to ensure that, when additional shares are '
their initial share which, on 15 September 1977, is in         drawn pursuant to Article 3, it is possible for charges
excess of 20% of the initial amount. They may return           to be made without interruption against their
a greater portion if there are grounds for believing           accumulated shares of the Community quota.
that such portion may not be used in full.
                                                               2. The Member States shall ensure that importers
The Member States shall, not later than 1 October              of the said goods established in their territory have
1977, notify to the Commission of the total imports            free access to the shares allocated to them.
of the said goods effected up to and including
15 September 1977, and charged against tlhe Com­               3 . The Member States shall charge imports of the
munity quota and, where appropriate, the proportion            said goods against their shares as and when the goods
of their initial share that is being returned to the           are entered for home use.
reserve .
                                                                                         Article 8
                        Article 6
                                                               On receipt of a request from the Commission,
The Commission shall keep account of the shares                Member States shall inform it of imports actually
opened by Member States in accordance with                     charged against their shares.
Articles 2 and 3 and shall inform each of them of
the extent to wihioh the reserve has been used as
soon as it receives the notifications.                                                   Article 9
The Commission shall, not later than 5 October 1977,           The Member States          and    the  Commission shall
notify Member States of the amount in the reserve              cooperate closely in order to ensure that this
after the return of shares pursuant to Article 5.              Regulation is observed.
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available                                 Article 10
and, for this purpose, shall specify the amount
thereof to the Member State which makes the final              This Regulation         shall    enter  into force    on
drawing.                                                       1 January 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 9 December 1976.
                                                                                 For the Council
                                                                                  The President
                                                                                P. J. J. MERTENS