CELEX: 31973R2777
Language: en
Date: 1973-10-11 00:00:00
Title: Regulation (EEC) No 2777/73 of the Council of 11 October 1973 on the opening, allocation and administration of a Community tariff quota for certain petroleum products falling within Chapter 27 of the Common Customs Tariff refined in the Arab Republic of Egypt

12. 10. 73                              Official Journal of the European Communities                         No L 285/43
                                   REGULATION (EEC) No 2777/73 OF THE COUNCIL
                                                        of 11 October 1973
               on the opening, allocation and administration of a Community tariff quota for certain
               petroleum products falling within Chapter 27 of the Common Customs Tariff refined
                                                  in the Arab Republic of Egypt
THE COUNCIL OF THE EUROPEAN                                             should be applied consistently to all imports of
COMMUNITIES,                                                           the products in question until the quota is used
                                                                        up ;
Having- regard to the Treaty establishing the Euro­
pean Economic Community, and in particular
Article 113 thereof ;
                                                                   — in the light of the principles set out above, the
Having regard to the proposal from the Commis­                          Community nature of the quota may best be
sion ;                                                                  preserved by an arrangement allocating it among
                                                                       those Member States ; whereas in order to
Whereas the Agreement between the European                             reflect most accurately the actual development
Economic Community and the Arab Republic of                             of the market in the products in question, such
Egypt ( 1), hereinafter called 'the Agreement', and the                  allocation should be proportionate to the require­
Protocol laying down certain provisions concerning                      ments of the Member States, calculated both
the Agreement between the European Economic                            from      the statistics of  each Member     State's
Community and the Arab Republic of Egypt in                            imports from the Arab Republic of Egypt over a
 consequence of the Accession of new Member States                     representative reference period and from the
to the European Economic Community (2), here­                          economic outlook for the quota period in
 inafter called 'the Protocol', provides for the opening                question ;
of an annual Community tariff quota of 360 000
metric tons for certain petroleum products falling
within Chapter 27 of the Common Customs Tariff                      — however, in view of the fact that over the past
refined in the Arab Republic of Egypt ; whereas                         three years none of the products in question
under the Protocol the tariff quota should be allo­                     refined in the Arab Republic of Egypt has been
cated among the Member States as follows :                              imported and that no forecast for 1973 can be
200 000 metric tons for the Member States of the                        made, an initial share percentage of approxi­
Community as originally constituted, 5 000 metric                       mately 25 °/o allocated to each of the Member
tons for Denmark, 5 000 metric tons for Ireland and                     States concerned would ensure a fair distribu­
 150 000 metric tons for the United Kingdom ;                           tion among them ;
whereas Annex I to the Agreement provides that the
duties applicable to the quota shall be equal to
55 °/o   of the    duties   of the       Common       Customs
                                                                    — in order to take account of import trends for the
 Tariff ; whereas as regards the duties to be
applied to the quota by the new Member States, the                      products in question in the Member States
special provisions of the Protocol and of the Act of                     concerned, the quota amount should be divided
Accession (8)     should    be      observed ;    whereas     a         into two tranches, the first tranche being allo­
                                                                        cated among the same Member States, the
Community tariff quota of 360 000 metric tons
                                                                        second tranche constituting a reserve intended to
 should therefore be opened for those products ;
                                                                        cover the later requirements of those Member
whereas to comply with the special provisions of
the Protocol, separate arrangements should be made                      States which have used up their initial quota
                                                                        shares ; whereas in order to ensure a certain
for the Member States of the Community as origi­
nally constituted on the one hand and for the new                       degree of security to importers in each of those
 Member States on the other ;                                           Member States the first tranche of the quota
                                                                        should be fixed in this case at approximately
                                                                        70 °/o ;
Whereas as regards in particular the Member States
 of the Community as originally constituted :
— equal and continuous access to the quota should                   — the initial quota shares may be used up at
     be ensured for all importers and quota duties                       different rates ; whereas, therefore, to avoid
                                                                         disruption of supplies , any Member State which
                                                                         has almost used up its initial quota share must
 (!) OJ No L 251 , 7. 9. 1973 , p . 2 .
 (2) OJ No L 251 , 7. 9 . 1973 , p . 87.                                 draw an additional quota share from the
 (s) OJ No L 73, 27. 3 . 1972, p. 14.                                    reserve ; whereas this must be done by each
 ---pagebreak--- No L 285 /44                     Official Journal of the European Communities                                  12. 10. 73
  Member State as each one of its additional                          v administration of the quota shares allocated to
  quota shares is almost used up, and as many                           that economic union may be carried out by one
  times as the reserve allows ; whereas the initial                     of its members ;
  and additional quota shares must be valid until
  the end of the quota period ; whereas this form                  Whereas, as regards in particular the new Member
  of administration requires close collaboration                   States :
  between the Member States concerned and the
  Commission, and the Commission must be in a                      — the quota duties are to be calculated by the new
  position to follow the extent to which the quota                      Member States primarily in accordance with
  volume has been used up and inform the                                Articles 3 and 4 of the Protocol ;
  Member States thereof ;
                                                                   — equal and continuous access to the quota should
                                                                         be ensured for all importers and quota duties
                                                                        should be applied consistently to all imports of
— if, at a given date in the quota period, a consider­                  the products in question until the quota is used
  able quantity of the initial quota share is left
                                                                        up ,
  over in a Member State, it is essential that that
  State should return a significant proportion to
  the reserve, to prevent a part of the quota allo­                HAS ADOPTED THIS REGULATION :
  cated to the Member States of the Community
  as originally constituted from remaining unused                                           Article 1
  in one Member State while it could be used in
  others ;                                                         Subject to any measures which may be taken in
                                                                   application of Article 3 (2) and (4) of Annex I to
                                                                   the Agreement, a Community tariff quota of
— since the Kingdom of Belgium, the Kingdom of                     360 000 metric tons is opened for the period 1
  the Netherlands and the Grand Duchy of Luxem­                    November to 31 December 1973 in respect of the
  bourg are jointly represented by the Benelux                     products listed below refined in the Arab Republic
  Economic Union , any measure concerning the                      of Egypt :
                  CCT
               heading No                                     Description of goods
             27.10              Petroleum oils and oils obtained from bituminous minerals, other
                                than crude ; preparations not elsewhere specified or included,
                                containing not less than 70 °/o 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
                                B. Medium oils :
                                    III. For other purposes
                                C. Heavy oils :
                                      I. Gas oil :
                                          c) For other purposes
                                     II . Fuel oil :
                                          c) For other purposes
                                    III . Lubricating oils ; other oils :
                                          c) To be mixed in accordance with the terms of Additional
                                              Note 7 to this Chapter
                                          d ) For other purposes
 ---pagebreak---  12. 10. 73                           Official Journal of the European Communities                                No L 285/45
                      CCT
                  heading No                                     Description of goods
                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
                                         II. Other
                The quota shall be allocated and administered in accordance with the following pro­
                visions .
Provisions applicable to the Member States of the                                              Article 3
           Community as originally constituted                        1.      A first tranche of 135 000 metric tons of the
                           Article 2                                  amount mentioned in Article 2 is allocated among
                                                                      those Member States ; the shares which, subject to
The Common Customs Tariff duties are partially                        Article 6, are valid until 31 December 1973 are as
suspended at the rates indicated below in respect of                  follows :
200 000 metric tons of the quota referred to in                              Germany                  35 000 metric tons,
Article 1 :
                                                                             Benelux                  30 000 metric tons,
                                                                             France                   35 000 metric tons,
       CCT heading No                    Rate of duty ( %)
                                                                             Italy                    35 000 metric tons .
27.10 A III                                     3-3                   2.      The second tranche, amounting to 65 000
27.10 B III                                     3-3                   metric tons , constitutes the reserve.
27.10 C I c)                                     1-9
27.10 C II c)                                    1-9                                           Article 4
27.10 C III c)                                  2-2
27.10 C III d )                                 3-3                   1.      If 90 % or more of a Member State 's initial
27.11 B I c)                                    0-8                   quota share as specified in Article 3 ( 1 ), or of that
27.12 A III                                      M                    share minus the portion returned to the reserve
27.12 B                                         3-8                   where Article 6 is applied, has been used up, that
27.13 B I c )                                   M                     Member State shall without delay, by notifying the
27.13 B II                                      3-3                   Commission , draw a second quota share, to the
27.14 C II                                       11                  extent that the reserve is sufficient, equal to 15 %
                                                                      of its initial quota share, rounded up where neces­
                                                                      sary to the next unit.
 ---pagebreak---     No L 285 / 4-6                    Official Journal of the European Communities                            12. 10. 73
   2. If, after its initial quota share has been used            It shall ensure that the drawing which uses up the
   up, 90 % or more of the second quota share drawn              reserve is limited to the balance available and to
   by a Member State has been used up, that Member               this end shall specify the amount thereof to the
   State shall without delay, by notifying the Commis­           Member State making the last drawing.
   sion, draw a third quota share, to the extent that
   the reserve is sufficient, equal to 7-5 °/o of its initial
   quota share, rounded up where necessary to the                                        Article 8
   next unit.
                                                                 Member States shall take all necessary measures to
  3 . If, after its second quota share has been used             ensure that the additional shares taken up under
  up, 90 °/o or more of the third quota share drawn              Article 4 are so drawn as to allow for uninterrupted
  by a Member State has also been used up, that                  charges against their accumulated shares of the
  Member State shall, in accordance with paragraph               Community quota.
  2, draw a fourth quota share equal to the third.
  This process is continued until the reserve is used
                                                                        Provisions applicable to the Member States
  up .
- 4. Notwithstanding paragraphs 1 to 3 , a Member
                                                                                         Article 9
  State may draw quota shares lower than those fixed
  in those paragraphs if there are grounds for
  believing that those fixed may not be used up. It             A quantity of 160 000 metric tons of the quota
  shall inform the Commission of its reasons for                referred to in Article 1 is allocated among the new
  applying this paragraph.                                      Member States as follows :
                                                                      Denmark                         5 000 metric tons,
                           Article 5
                                                                      Ireland                         5 000 metric tons,
  Additional quota shares drawn pursuant to Article                   United Kingdom                150 000 metric tons.
  4 shall be valid until 31 December 1973 .
                                                                                        Article 10
                           Article 6
                                                                The new Member States shall apply quota duties
 A Member State which on 1 December 1973 has                    which conform with the relevant provisions of the
  not used up its initial quota share shall return to           Agreement, the Protocol and the Act of Accession.
 the reserve not later than 10 December 1973 the
 unused portion exceeding 20 °/o of the initial                         Provisions applicable to all Member States
 amount. It may return a greater portion if there are
 grounds for believing that it may not be used up .                                     Article 1 1
 Member States shall , not later than 10 December
 1973 , notify to the Commission the total quantities           1.    Member States shall ensure that the quota
 of the products in question imported up to and                shares allocated to them are freely accessible to
 including 1 December 1973 and charged against the             importers of the products in question established in
 Community tariff quota and any quantities returned            their territory.
 to the reserve .
                                                               2.     The extent to which the Member State 's shares
                                                               have been used up shall be ascertained from the
                          Article 7
                                                               imports of the products concerned presented for
                                                               customs clearance under declarations of entry for
                                                               consumption .
The Commission shall keep an account of the quota
shares opened by the Member States pursuant to
Articles 3 and 4 and shall, as soon as information
                                                                                        Article 12
reaches it, inform each State of the extent to which
the reserve has been used up .
                                                               Member States shall regularly inform the Commis­
It shall , not later than 15 December 1973 , inform            sion of imports of products refined in the Arab Re­
the Member States of the amount still in reserve               public of Egypt actually charged against their quota
after returns have been made pursuant to Article 6 .           shares .
 ---pagebreak---  12. 10. 73                        Official Journal of the European Communities                      No L 285/47
                      ' Article 13                                                 Article 14
Member States and the Commission shall colla­
borate closely in order to ensure that this Regula-          This Regulation shall enter into force on 1
tion is observed.                                            November 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Bnussells, 11 October 1973 .
                                                                       For the Council
                                                                         The President
                                                                        I. N0RGAARD