CELEX: 31974R2926
Language: en
Date: 1974-11-18
Title: Regulation (EEC) No 2926/74 of the Council of 18 November 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, refined in the Arab Republic of Egypt

26 . 11 . 74                              Official Journal of the European Communities                         No L 315 /41
                                  REGULATION (EEC) No 2926/74 OF THE COUNCIL
                                                      of 18 November 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, refined in the Arab Republic of Egypt
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                duties applied continuously to all imports of
                                                                         the said products until the quota has been used
                                                                         up ;
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 113 thereof;
                                                                     ■—■ in the light of the above principles the Com­
                                                                         munity nature of the quota may best be preserved
Having regard to the proposal from the Commission ;
                                                                         by an arrangement allocating it among the Mem­
                                                                         ber States ; whereas in order to provide the most
Whereas the Agreement (*) between the European                           accurate reflection of actual market trends for
Economic Community and the Arab Republic of                              the said products, such allocation should be
Egypt and the Protocol (2 ) laying down certain                          proportionate to the needs of the Member States,
provisions relating to the Agreement between the                         calculated both from the statistics for each Mem­
European Economic Community and the Arab                                 ber State's imports from the Arab Republic of
Republic of Egypt consequent on the accession of                         Egypt over a representative reference period and
new Member States to the European Economic Com­                          from economic prospects for the quota period in
munity provides for the opening of an annual                             question ;
Community tariff quota of 360 000 metric tons for
certain petroleum products falling within Chapter 27
of the Common Customs Tariff, refined in the Arab
Republic of Egypt ; whereas the Protocol provides                     — in view of the fact, however, that over the past
that the tariff quota should be allocated among the                      three years the said products have been imported
Member States as follows : 200 000 metric tons for                       into only one Member State, and in small
the Community as originally constituted, 5 000                           quantities, and that no estimates can be made
metric tons for Denmark, 5 000 metric tons for                           for 1975 and, in order to ensure a fair
Ireland and 150 000 metric tons for the United King­                     distribution among the Member States concerned,
dom ; whereas Annex I to the Agreement provides                          the initial percentage share, having regard to the
that the duties applicable to the quota shall be equal                   potential demand for the said products in the
to 45%       of the duties of the Common Customs                         various Member States, should be approximately
Tariff ; whereas, as regards the duties applicable                       25% each ;
to the quota by the new Member States , the special
provisions of the Protocol and of the Act of
Accession should be complied with ; whereas to                        — in order to take account of import trends for
comply with the special provisions of the Protocol ,                     the products in question in the Member States
separate arrangements should be made for the                             concerned, the quota amount should be divided
Member States of the Community as originally                              into two instalments, the first instalment being
 constituted, on the one hand, and for the new                            allocated among the same Member States , the
 Member States , on the other ;                                           second instalment constituting a reserve intended
                                                                          to cover the later requirements of Member States
Whereas as regards the Community as originally                            which have used up their initial quota shares ;
 constituted :                                                            whereas, in order to ensure a certain degree of
                                                                          security to importers in each Member State, the
                                                                          first instalment of the quota should be fixed in
— equal and uninterrupted access to the quota                             this case at approximately 70% ;
     should be ensured for all importers and quota
                                                                      — the initial quota shares may be used up at
 H OJ No L 251 , 7. 9 . 1973 , p. 13 .                                    different rates ; whereas, therefore, to avoid
 (2) OJ No L 251 , 7 . 9 . 1973 , p. 3 .                                  disruption of supplies, any Member State which
                  f
 ---pagebreak--- No L 315 / 42                              Official Journal of the European Communities                                       26 . 11 . 74
   has almost used up its initial quota share must                                    concerning the administration of the quota
  draw an additional quota share from the reserve ;                                   shares allocated to that Economic Union may be
  whereas this must be done by each Member                                            carried out by any one of its members ;
   State as each one of its additional quota shares
   is almost used up, and as many times as the                                   Whereas, as regards the new Member States :
   reserve allows ; whereas the initial and additional
   quota shares shall be valid until the end of the                              — the quota duties shall be calculated by the new
   quota       period ;      whereas         this        form        of              Member States in accordance with Articles 3
   administration         requires       close        collaboration                   and 4 of the Protocol ;
   between the Member States concerned and the
   Commission, and the Commission must be in                                     — equal and uninterrupted access to the quota
   a position to follow the extent to which the                                      should be ensured for all importers and quota
  quota volume has been used up and inform                                           duties should be applied continuously to all
   the Member States thereof;                                                        imports of the products in question until the
                                                                                     quota has been used up,
— if, at a given date in the quota period, a
   considerable quantity of the initial quota share
   is left   over     in   one      of   the      Member       States            HAS ADOPTED THIS REGULATION :
  concerned , it is essential that that State should
   return a significant proportion to the reserve                                                            Article 1
   to prevent a part of the quota allocated to the
   Community as originally constituted from                                      Subject to any measures which may be taken in
   remaining unused in one Member State when it                                  application of Article 3 (2) and (4) of Annex I to
   could be used in others ;                                                     the Agreement between the European Economic
                                                                                 Community and the Arab Republic of Egypt, a
— since the Kingdom of Belgium, the Kingdom of                                   Community tariff quota of 360 000 metric tons shall
   the Netherlands and the Grand Duchy of                                        be opened from 1 January to 31 December 1975
   Luxembourg are united in and represented by                                  for the products listed below refined in the Arab
   the Benelux Economic Union, any measure                                       Republic of Egypt :
                      CCT
                     heading                                                      Description
                       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 bitumi­
                                        nous minerals , those 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 Chapter 27 ( a )
                                                   d) For other purposes
              (a) Entry under this subheading is subject to conditions to be determined by the competent authorities .
 ---pagebreak--- 26 . 11 . 74                             Official Journal of the European Communities                            No L 315/43
                        CCT
                       heading                                         Description
                         No
                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
The quota shall be allocated and administered in                                               Article 3
accordance with the following provisions.
                                                                      1 . A first instalment of 140 000 metric tons of the
                            SECTION I                                 amount mentioned in Article 2 shall be allocated
                                                                      among the Member States ; the shares which, subject
      Provisions applicable to the Community                          to Article 6, are valid until 31 December 1975 are
                   as originally constituted                          as follows :
                                                                                Germany             35 000 metric tons
                             Article 2                                          Benelux             30 000 metric tons
                                                                                France              35 000 metric tons
Common Customs Tariff duties shall be partially
                                                                                Italy               40 000 metric tons
suspended at the rates indicated below for 200 000
metric tons of the quota referred to in Article 1 :
                                                                      2 . The second instalment of 60 000 metric tons
                                                                      shall make up the reserve.
                                                    Rate of duty
                 CCT heading No                           %
                                                                                               Article 4
        27.10 A III                                      2-7
                                                                      1 . If 90%      or more of a Member State's initial
        27.10 B III                                      2-7
                                                                      quota share specified in Article 3 ( 1 ), or of that
        27.10 C I c)                                     1-5
                                                                      share less the portion returned to the reserve where
        27.10 C II c)                                    1-5
        27.10 C III c)                                   1-8
                                                                      Article 6 is applied, has been used up, that Member
        27.10 C III d)                                   2-7
                                                                      State shall without delay, by notifying the Com­
        27.11 B I c)                                     0-6
                                                                      mission, draw a second quota share, to the extent
        27.12 A III                                      0-9
                                                                      that the reserve is sufficient, equal to 15% of its
        27.12 B                                          3-1
                                                                      initial quota share, rounded up to the next unit
        27.13 B I c)                                     0 -9
                                                                      where necessary.
        27.13 B II                                       2-7
        27.14 C II                                       0-9          2. If, after its initial quota share has been used up,
                                                                      90% or more of the second quota share drawn
 ---pagebreak---  No L 315/44                         Official Journal of the European Communities                            26 . 11 . 74
 by a Member State has been used up, that Member                It shall ensure that the drawing which uses up the
State shall, in the manner provided for in                      reserve is limited to the balance available and to
paragraph 1 , draw a third quota share, equal to                this end shall specify the amount thereof to the
7-5% of its initial quota share, rounded up where               Member State making the last drawing.
 necessary to the next unit.
                                                                                        Article 8
3 . If, after its second quota share has been used
up, 90% or more of the third quota share drawn
by a Member State has been used up, that Member                 Member States shall take all necessary measures to
State shall, in the same manner, draw a fourth                  ensure that additional shares taken up under Article
 quota share equal to the third.                               4 are so drawn as to allow for uninterrupted charges
                                                                against their accumulated shares of the Community
This procedure shall be followed until the reserve              quota .
has been used up .
                                                                                      SECTION II
4. Notwithstanding paragraphs 1 to 3 , a Member
State may draw smaller shares than those fixed
in these paragraphs if there is reason to believe that         Provisions applicable to the new Member States
those fixed might not be used up. It shall inform
the Commission of its reasons for applying this
paragraph.                                                                              Article 9
                         Article 5                              Within the tariff quota referred to in Article 1 , the
                                                               new Member States shall apply duties calculated in
                                                                accordance with the relevant provisions of the Act
Additional     quota    shares    drawn    pursuant    to
Article 4 shall be valid until 31 December 1975 .
                                                                of Accession, the Agreement and the Protocol .
                        Article 6                                                      Article 10
A Member State which on 15 September 1975 has                  Under the quota, 160 000 metric tons shall be
not used up its initial quota share shall return to            allocated among the new Member States as follows :
the reserve not later than 10 October 1975 the
unused portion exceeding 20% of the initial amount.                     Denmark               5 000 metric tons
It may return a greater portion if there is reason to                   Ireland               5 000 metric tons
believe that it may not be used up .
                                                                        United Kingdom 150 000 metric tons
Member States shall, not later than 10 October 1975 ,
notify the Commission of the total quantities of the
products in question imported up to and including                                    SECTION III
15 September 1975 and charged against the Com­
munity tariff quota and any quantities returned to                                General provisions
the reserve .
                                                                                       Article 11
                        Article 7
The Commission shall keep an account of the quota              1 . Every Member State shall take all measures
shares opened by the Member States pursuant to                 necessary to ensure that importers of the products
Articles 3 and 4 and shall, as soon as information             in question established in their territory have free
reaches it, inform each State of the extent to which            access to the shares allocated to it.
the reserve has been used up.
                                                               2 . The extent to which a Member State has used
It shall, not later than 15 October 1975 , inform the          up its shares shall be determined on the basis of
Member States of the amount still in the reserve after         the importations of the products in question entered
returns have been made pursuant to Article 6.                   with the customs authorities for home use.
 ---pagebreak--- 26 . 11 . 74                       Official Journal of the European Communities                        No L 315/45
                        Article 12                            collaborate closely in order to ensure that this
                                                              Regulation is respected .
Member States shall regularly inform the Com­
mission of imports of products refined in the Arab
Republic of Egypt actually charged against their
quota shares.
                                                                                     Article 14
                        Article 13
                                                              This   Regulation     shall   enter into  force   on
Member       States    and    the  Commission      shall      1 January 1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 November 1974.
                                                                                 For the Council
                                                                                   The President
                                                                                   Ch. BONNET