CELEX: 31974R2924
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2924/74 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 Turkey (1975)

No L 315/32                             Official Journal of the European Communities                                26. 11.74
                                  REGULATION (EEC) No 2924/74 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 Turkey ( 1975 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          as much account as possible of the actual develop­
                                                                    ment of the market of the products concerned, the
                                                                    allocation of shares should be in direct proportion
 Having regard to the Treaty establishing the Euro­                 to the needs of Member States, calculated, on the
 pean Economic Community, and in particular                         one hand , on the basis of statistics relating to imports
 Article 113 thereof ;                                              from Turkey during a given representative period
                                                                    and, on the other, on the basis of the economic
 Having regard to the proposal from the Commission ;                prospects for the quota period considered ;
 Whereas, pending the entry into force of the Supple­               Whereas, during the last three years for which com­
 mentary Protocol signed in Ankara on 30 June 1973                  plete statistics are available, imports of these products
 containing the adjustments to be made to the Agree­                from Turkey into the various Member States were as
 ment establishing an Association between the Euro­                 follows :
 pean Economic Community and Turkey and to the
 Additional Protocol (*) consequent on the accession                                                                 (metric tons )
 of new Member States, the Community has under­
                                                                                                  1971       1972        1973
 taken , in an Interim Agreement (2 ) which runs only
 for the period prior to the entry into force of this
                                                                    Benelux                                 96 222
Supplementary Protocol , which is applicable until
                                                                                                   —                      —
 31 December 1974 but which has been extended for                   Denmark                        —          —
                                                                                                                        12 000
 1975 in accordance with the terms laid down in
Article 13 thereof to implement certain provisions of               Germany                      42 304   300 000      300 000
the Supplementary Protocol relating to trade in
goods ; whereas under Article 6 of the Interim Agree­               France                         —          —           —
ment amending the first paragraph of the single
                                                                   Ireland
Article of Annex 1 to the Additional Protocol, the                                                 —          —           —
Community must totally suspend the customs duties
                                                                   Italy                           —
                                                                                                          110 j 62     134 035
 applicable to certain petroleum products falling
within Chapter 27 of the Common Customs Tariff,                     United Kingdom                 —
                                                                                                           38 200       40 000
refined in Turkey , within the limit of an annual
Community tariff quota of 340 000 metric tons ;
whereas, pursuant to Article 2 of the abovementioned
Interim Agreement, the new Member States must                      Whereas this information indicates that imports of
 apply zero duties to the products concerned ;                     these products are very irregular and that the
                                                                   calculation of the percentages they represent in
Whereas equal and direct access to the said quota                  relation to the total imports into the Community of
by all importers and the uninterrupted application                 the same products from Turkey would not therefore
of the rate laid down for the said quotas to all                   be significant; whereas the calculation of the imports
imports of the products in question into all Member                from Member States in question for the quota period
States should be guaranteed until the quotas are                   considered proves difficult as a result of the irregu­
exhausted; whereas utilization of this quota, based                larity noted in imports during the foregoing years ;
on allocation between Member States, would appear                  whereas the foreseeable import figures put forward
to safeguard the Community character of the said                    by the Member States for the quota period concerned
quota as regards the principles described above ;                  leads to the quota considered being allocated
whereas in order to ensure that such allocation takes              according to the percentages indicated hereafter :
                                                                            Benelux                               16-55
                                                                            Denmark                                4-14
(*) OJ No L 293 , 29 . 12 . 1972 , p. 4.
( 2) OJ No L 277, 3 . 10 . 1973 , p. 2.                                     Germany                               42-07
 ---pagebreak--- 26 . 11 . 74                                 Official Journal of the European Communities                                     No L 315 /33
          France                                          8-28                    Whereas if, at a specified date in the quota period,
          Ireland                                         4-14                    a considerable balance of one of the initial shares
          Italy                                         12-41                     remains in one or other Member State, it is essential
                                                                                  that that Member State pay a certain percentage of
          United Kingdom                                12-41                     it back into the reserve to prevent a part of the Com­
                                                                                  munity quota from remaining unused in one Member
Whereas to take into account the uncertainty in the                               State when it could be used in others ;
development of imports of the said products into
Member States, the quota amount should be divided
into two tranches, the first tranche being allocated                              Whereas it does not seem possible for the moment,
between the Member States, and the second tranche                                  taking into account the differences still existing in the
forming a reserve intended to meet subsequently the                                national provisions governing the market of the
needs of the Member States which have exhausted                                   products in question, to lay down a single method
their original share of the quota ; whereas, in order                              of administration ;
to ensure some security to importers in each Member
State, the first tranche of the Community quota                                    Whereas since the Kingdom of Belgium, the Kingdom
should be fixed at a relatively high level which, under                            of the Netherlands and the Grand Duchy of Luxem­
the circumstances, might amount to approximately                                   bourg are united in and represented by the Benelux
 85% of the quota volume ;                                                         Economic Union, all transactions concerning the
                                                                                   administration of shares granted to the abovemen­
Whereas the initial quota shares of those Member                                   tioned Economic Union may be carried out by any
 States may be used up at different times ; whereas, in                            one of its members,
 order to take this fact into account and avoid any
 break in continuity, it is important that any Member
 State having used up almost the whole of its initial                               HAS ADOPTED THIS REGULATION :
 quota share should draw an additional quota share
 from the reserve ; whereas this must be done by each
 Member State as and when each of its additional                                                                 Article 1
 quota shares is almost entirely used up, and repeated
 as many times as the reserve allows ; whereas the                                  1 . Subject to any measures taken under paragraphs
 initial and additional quota shares must be available                              2 and 4 of the single Article of Annex 1 to the
 for use until the end of the quota period ; whereas                                Additional Protocol between the European Economic
 such method of administration calls for close cooper­                              Community and Turkey, a Community tariff quota
 ation between Member States and the Commission,                                    of 340 000 metric tons shall be opened from
 which must, in particular, be able to observe the                                  1 January to 31 December 1975 for the following
 extent to which the quota amounts are used and                                     petroleum products, refined in Turkey and falling
 inform Member States thereof;                                                      within Chapter 27 of the Common Customs Tariff :
                       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, 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 Chapter 27 ( a )
                                                       d ) For other purposes
                  (a) Entry under this subheading is subject to conditions to be determined by the competent authorities .
 ---pagebreak--- No L 315 /34                          Official Journal of the European Communities                               26 . 11 . 74
                     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
              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
                                        If . Other
              27.14                 Petroleum bitumen , petroleum coke and other residues of petroleum oils
                                    or of oils obtained from bituminous minerals :
                                    C. Other
2 . Within the Community tariff quota, Common                                                Article 3
Customs Tariff duties shall be totally suspended.
                                                                   1 . If 90% or more of one of the initial shares of a
Within the limits of the quota, the new Member                     Member State, as laid down in Article 2 (2 ), or 90%
States shall also exempt the petroleum products con­               of that share less the amount        returned  into    the
cerned from duty .                                                 reserve where the provisions of Article 5 have been
                                                                   applied, has been exhausted, that Member State con­
                                                                   cerned shall proceed without delay, by notifying the
                          Article 2                                Commission, to draw a second share equal to 10%
                                                                   of its initial share, where appropriate rounded up to
1 . The tariff quota referred to Article 1 ( 1 ) shall             the next figure, to the extent that the amount in the
be divided into two tranches .                                     reserve allows .
2. The first tranche of 290 000 metric tons, shall
be shared among the Member States ; the shares                     2. If, after its initial share has been exhausted, 90%
which, subject to Article 5 , shall be valid until                 or more of the second share drawn by a Member
31 December 1975 shall consist of the following                    State has been used, that Member State shall proceed
amounts :                                                          under the conditions laid down in paragraph 1 to
                                                                   draw a third share equal to 5% of its initial share,
       Benelux                 48 000   metric tons
                                                                   where appropriate rounded up to the next figure .
       Denmark                 12 000 metric tons
       Germany                122 000 metric    tons               3 . If, after its second share has been exhausted, 90%
       France                  24 000 metric    tons               or more of the third share drawn by a Member State
       Ireland                 12 000 metric    tons               has been used , that Member State shall proceed,
       Italy                   36 000 metric    tons
                                                                   under the same conditions, to draw a fourth share
                                                                   equal to the third .
       United Kingdom          36 000 metric    tons
3 . The second tranche of 50 000 metric tons shall                 This procedure shall be followed until the reserve
constitute a reserve .                                             has been exhausted .
 ---pagebreak--- 26 . 11.74                           Official Journal of the European Communities                              No L 315 / 35
4. Notwithstanding the provisions of paragraphs 1 ,             The Commission shall ensure that any drawing which
2 and 3 , Member States may proceed to draw shares              uses up the reserve is limited to the balance available
smaller than those fixed in those paragraphs if there           and, for this purpose, shall specify the amount thereof
is reason to believe that those shares might not be             to the Member State which makes the final drawing.
used up . They shall inform the Commission of the
reasons which led them to apply this paragraph .
                                                                                         Article 7
                         Article 4
                                                                1 . Every Member State shall take all appropriate
                                                                measures to ensure shares drawn pursuant to Article
Additional shares drawn pursuant to Article 3 shall             3 are opened in such a way that importations may
be valid until 31 December 1975 .                               be charged without interruption against its accumu­
                                                                lated share of the relevant Community quota.
                         Article 5
                                                                2 . The    Member     States    shall  take   all   measures
                                                                necessary to ensure that importers of the products in
If, on 15 September 1975 , a Member State has not               question established in its territory have free access
used up its initial quota share, it shall , not later than      to the shares allocated to it .
 10 October 1975 , return to the reserve the unused
portion of its share in excess of 20% of the initial
                                                                3 . The extent to which a Member State has used
amount . It may return a larger quantity if there are
reasons to consider that such quantity might not be             up its quota shares shall be determined on the basis
used .                                                          of the importations of the products in question
                                                                entered with the customs authorities for home use .
The Member States shall , not later than 10 October
 1975 , notify the Commission of the total imports of                                    Article 8
the products concerned effected up to and including
 15 September 1975 and charged against the Com­
                                                                The Member States shall inform the Commission at
munity quota and, where appropriate, the proportion
of their original quota share that is being returned            regular intervals of imports of the products in
to the reserve .                                                question actually charged against their quota shares .
                         Article 6                                                       Article 9
The Commission shall keep account of the initial                The    Member     States   and    the   Commission      shall
share opened by Member States in accordance with                cooperate closely to ensure that this Regulation is
Articles 2 and 3 and shall inform each of them of               respected .
the extent to which the reserves have been used as
 soon as it receives the notifications .
                                                                                        Article 10
The Commission shall , not later than 15 October
 1975 , notify Member States of the state of the reserve        This Regulation        shall     enter   into     force   on
after the return of quota shares pursuant to Article 5 .        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