CELEX: 31975R3146
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3146/75 of the Council of 24 November 1975 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 Turkey (1976)

8 . 12. 75                               Official Journal of the European Communities                              No L 317/27
                                 REGULATION (EEC) No 3146/75 OF THE COUNCIL
                                                       of 24 November 1975
             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 Turkey ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             market of the products concerned, the allocation of
                                                                      shares should be in direct proportion to the needs
                                                                      of Member States, calculated, on the one hand, on
Having regard to the Treaty establishing the                          the basis of statistics relating to imports from Turkey
European Economic Community, and in particular                        during a given representative period and, on the
Article 113 thereof ;                                                 other, on the basis of the economic prospects for
                                                                      the quota period considered ;
Having regard to the proposal from the Commission ;
                                                                      Whereas , during the last three years for which
                                                                      complete statistics are available, imports of these
Whereas, pending the entry into force of the                          products from Turkey into the various Member
Supplementary Protocol , signed in Ankara on                          States were as follows :
30 June 1973 , containing the adjustments to be made
to the Agreement establishing an association between                                                               (in metric tons)
the European Economic Community and Turkey and                                                       1972     1973         1974
to the Additional Protocol (1 ) consequent on the
accession of new Member States, the Community has
undertaken, in an Interim Agreement (2 ) which runs                   Benelux                       96 222                15 000
only for the period prior to the entry into force of                  Denmark                                12 000
this Supplementary Protocol, which is applicable                      Germany                      300 000  300 000      46 534
until 31 December 1974, but which has been extended
for 1976 in accordance with the terms laid down in                    France
Article 13 thereof, to implement certain provisions                   Ireland
of the Supplementary Protocol relating to trade in                    Italy                        110 162  134 035       12 252
goods ; whereas under Article 6 of the Interim
Agreement amending the first paragraph of the sole                    United Kingdom                38 200   40 000       17 000
Article of Annex 1 to the Additional Protocol, the
Community must totally suspend the customs duties
applicable to certain petroleum products, falling                     whereas this information indicates that imports of
within Chapter 27 of the Common Customs Tariff,                       these products are very irregular and that the
refined in Turkey, within the limit of an annual                      calculation of the percentages which they represent
Community tariff quota of 340 000 metric tons ;                       in relation to the total imports into the Community
whereas pursuant to Article 2 of the abovementioned                   of the same products from Turkey would not
Interim Agreement, the new Member States must                         therefore be significant ; whereas the calculation of
apply zero duties to the products concerned ;                         the imports from Member States in question for the
                                                                      quota period considered proves difficult as a result
Whereas equal and direct access to the said quota by                  of the irregularity noted in imports during the
all importers and the uninterrupted application of                    foregoing years ; whereas the foreseeable import
the rate laid down for the said quotas to all imports                 figures put forward by the Member States for the
of the products in question into all Member States                    quota period concerned leads to the quota
should be guaranteed until the quotas are exhausted ;                 considered being allocated according to the
whereas utilization of this quota, based on allocation                percentages indicated hereinafter :
between Member States, would appear to safeguard
                                                                              Benelux                              16-55
the Community character of the said quota as
regards the principles described above ; whereas in                           Denmark                               4-14
order to ensure that such allocation takes as much                            Germany                              42-07
account as possible of the actual development of the                          France                                 8-28
                                                                              Ireland                               4-14
(!) OJ No L 293 , 29 . 12. 1972, p . 4 .                                      Italy                                12-41
 (2) OJ No L 277, 3 . 10. 1973 , p . 2 .                                      United Kingdom                       12-41
 ---pagebreak---  No L 317/28                           Official Journal of the European Communities                              8 . 12 . 75
Whereas to take into account the uncertainty in the                it back into the reserve, in order to avoid a part of
development of imports of the said products into                   the Community quota remaining unused in one
Member States, the quota amount should be divided,                 Member State when it could be used in others ;
into two instalments, the first instalment being
allocated between the Member States, and the
second instalment forming a reserve intended to meet               Whereas it does not seem possible for the moment,
subsequently the needs of the Member States which                  taking into account the differences still existing in
have exhausted their original share of the quota ;                 the national provisions governing the market of the
whereas in order to ensure some security to importers              products in question, to lay down a single method
in each Member State, the first instalment of the                  of administration;
Community quota should be fixed at a relatively
high level which, under the circumstances, might
                                                                  Whereas since the Kingdom of Belgium, the Kingdom
amount to approximately 85% of the quota volume ;
                                                                  of the Netherlands and the Grand Duchy of
                                                                  Luxembourg are united in and represented by the
Whereas the initial quota shares of those Member                  Benelux Economic Union, any measure concerning
States may be used up at different times ; whereas, in            the administration of the quota shares allocated to
order to take this fact into account and avoid any                that economic union may be carried out by any of
                                                                   its members,
break in continuity, it is important that any Member
State having used up almost the whole of its initial
quota share should draw an additional quota share
from the reserve ; whereas this must be done by
each Member States as and when each of its additional
                                                                   HAS ADOPTED THIS REGULATION :
quota shares is almost entirely used up, and repeated
as many times as the reserve allows ; whereas the
initital and additional quota shares must be available
for use until the end of the quota period, whereas
such method      of   administration      calls    for close                                Article 1
cooperation between Member States and the Com­
mission, which must, in particular, be able to observe
the extent to which the quota amounts are used and                 1 . Subject to any measures taken under paragraphs 2
inform Member States thereof;                                      and 4 of the sole Article of Annex 1 to the Additional
                                                                  Protocol between the European Economic Com­
                                                                   munity and Turkey, a Community tariff quota of
Whereas if, at a specified date in the quota period,               340 000 metric tons shall be opened from 1 January
a considerable balance of one of the initial shares                to 31 December 1976 for the following petroleum
remains in one or other Member State, it is essential             products, refined in Turkey and falling within
that that Member State pay a certain percentage of                 Chapter 27 of the Common Customs Tariff :
                   CCT
               heading No                                         Description
                  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 mine­
                              rals, these oils being the basic constituents of the preparations :
                              A. Light oils :
                                  III. For other purposes
                             B. Medium oils :
                                  III . For other purposes
                             C. Heavy oils :
                                    I.  Gas oil :
                                        c) For other purposes
                                   II . Fuel oil :
                                         c) For other purposes
 ---pagebreak--- 8 . 12. 75                                Official Journal of the European Communities                                          No L 317/29
                   CCT
                heading No                                                   Description
                  27.10                III. Lubricating oils ; other oils :
                 (cont'd)                    c) To be mixed in accordance with the terms of Additional Note 7
                                                 to Chapter 27 (a)
                                             d) For other purposes
                  27.11            Petroleum gases and other gaseous hydrocarbons :
                                   B. Other :
                                         I. Commercial propane and commercial butane
                                             c) For other purposes
                  27.12            Petroleum jelly :
                                   A. Crude :
                                       III . For other purposes
                                   B. Other
                   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
                                        II . Other
                   27.14           Petroleum bitumen, petroleum coke and other residues of petroleum oils
                                   or of oils obtained from bituminous minerals :
                                   C. Other
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
2. Within the Community tariff quota, Common                                            Benelux                   48 000 metric tons,
Customs Tariff duties shall be totally suspended.                                      Denmark                     12 000 metric tons,
                                                                                        Germany                  122 000 metric tons,
Within the limits of the quota, the new Member
States shall also exempt the petroleum products                                         France                     24 000 metric tons,
concerned from duty.                                                                    Ireland                    12 000 metric tons,
                                                                                        Italy                      36 000 metric tons ,
                                                                                        United Kingdom             36 000 metric tons .
                          Article 2
                                                                              3 . The second instalment of 50 000 metric tons shall
                                                                               constitute the reserve .
1 . The tariff quota referred to Article 1 ( 1 ) shall
be divided into two instalments .
                                                                                                           Article 3
2. A first instalment, amounting to 290 000 metric
tons, shall be shared among the Member States ;                                1 . If 90% or more of one of the initial shares of
the shares which, subject to Article 5 shall be valid                          a Member State, as laid down in Article 2 (2), or
until 31 December 1976, shall consist of the                                  90% of that share less the amount returned into the
following amounts :                                                            reserve, where the provisions of Article 5 have been
 ---pagebreak---  No L 317/30                          Official Journal of the European Communities                               8 . 12 . 75
applied, has been exhausted, that Member State                                             Article 6
concerned shall proceed without delay, by notifying
the Commission to draw a second share equal to                   The Commission shall keep account of the initial
10% of its initial share, where appropriate rounded              share opened by Member States in accordance with
up to the next figure, to the extent that the amount             Articles 2 and 3 and shall inform each of them of
in the reserve allows .                                          the extent to which the reserves have been used as
                                                                 soon as it receives the notificatio'ns .
2 . If, after its initial share has been exhausted, 90%
or more of the second share drawn by a Member                    The Commission shall , not later than 5 October 1976,
State has been used, that Member State shall                     notify Member States of the state of the reserve after
proceed, under the conditions laid down in                       the return of quota shares pursuant to Article 5 .
paragraph 1 , to draw a third share equal to 5% of               The Commission shall ensure that any drawing which
its initial share, where appropriate rounded up to               uses up the reserve is limited to the balance
the next figure .                                                available and for this purpose shall specify the
3 . If, after its second share has been exhausted,               amount thereof to the Member State which makes
90% or more of the third share drawn by a Member                 the last drawing.
State has been used, that Member State shall proceed,
under the same conditions, to draw a fourth share                                          Article 7
equal to the third.
                                                                 1 . The Member States shall take all appropriate
This procedure shall be applied until the reserve is             measures to ensure that when additional shares are
exhausted .
                                                                 drawn pursuant to Article 3 , it is possible for charges
4. Notwithstanding the provisions of paragraphs                  to be made without interruption against their
1 , 2 and 3 , Member States may proceed to draw                  accumulated share of the Community quota.
shares smaller than those fixed in those paragraphs              2 . The Member         States   shall take all measures
if there is reason to believe that those shares might            necessary to ensure that importers of the products
not be used up . They shall inform the Commission                in question established in its territory have free
of the reasons which led them to apply this                      access to the shares allocated to it.
paragraph.
                                                                 3 . The extent to which a Member State has used
                           Article 4                             up its quota shares shall be determined on the basis
                                                                 of the importations of the products in question
Each of the additional shares drawn pursuant to                  entered with the customs authorities for home use .
Article 3 shall be valid until 31 December 1976 .
                                                                                           Article 8
                           Article 5
                                                                 On receipt of a request from the Commission, Mem­
The Member States shall return to the reserve, not               ber States shall inform it of imports actually charged
later than 1 October 1976, the unused portion of                 against their shares .
their initial share which, on 15 September 1976, is
in excess of 20% of the initial amount. They may                                           Article 9
return a greater portion if there are grounds for
believing that such quantity may not be used in full .           The Member States          and    the  Commission    shall
The Member States shall, not later than 1 October                cooperate closely in order to ensure that this
1976, notify the Commission of the total imports of              Regulation is observed.
the products concerned effected up to and including
15 September 1976, and charged against the Com­                                           Article 10
munity quota and, where appropriate, the proportion
of their original quota share that is being returned             This Regulation shall enter into force on 1 January
to the reserve .                                                 1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member"
               States .
              Done at Brussels, 24 November 1975 .
                                                                                           For the Council
                                                                                             The President
                                                                                             B. VISENTINI