CELEX: 31974R0369
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 369/74 of the Council of 4 February 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

20 . 2. 74                                 Official Journal of the European Communities                           No L 48/79
                                     REGULATION (EEC) No 369/74 OF THE COUNCIL
                                                         of 4 February 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,                              — in the light of the above principles the Community
                                                                         nature of the quota may best be preserved by an
Having regard to the Treaty establishing the European                    arrangement allocating it among the Member
Economic Community, and in particular Article 113                        States ; whereas in order to provide the most
                                                                         accurate reflection of actual market trends for
thereof ;
                                                                         the said products, such allocation should be
                                                                         proportionate to the needs of the Member States,
Having regard to the proposal from the Commission ;                      calculated both from the statistics for each Mem­
                                                                         ber State's imports from the Arab Republic of
Whereas the Agreement between the European                               Egypt over a representative reference period and
Economic Community and the Arab Republic of                              from economic prospects for the quota period in
Egypt (*) and the Protocol laying down certain                           question ;
provisions relating to the Agreement between the
European Economic Community and the Arab                              — in view of the fact however that over the past
Republic of Egypt consequent on the Accession of                         three years the said products have been imported
new Member States to the European Economic                               into only one Member State, and in small quan­
Community (2) provides for the opening of an annual                      tities, and that no estimates can be made for 1974,
Community tariff quota of 360 000 metric tons for                        and in order to ensure a fair distribution among
certain petroleum products falling within Chapter                        the Member States concerned, the initial percentage
27 of the Common Customs Tariff, refined in the                          share, having regard to the potential demand for
Arab Republic of Egypt ; whereas the Protocol provides                   the said products in the various Member States,
that the tariff quota should be allocated among the                      should be approximately 25 % each ;
Member States as follows : 200 000 metric tons for
the Community as originally constituted, 5 000 metric                 — in order to take account of import trends for the
tons for Denmark, 5 000 metric tons for Ireland and                      products in question in the Member States con­
150 000 metric tons for the United Kingdom ; whereas                     cerned, the quota amount should be divided into
Annex I to the Agreement provides that the duties                        two instalments, the first instalment being allocated
applicable to the quota shall be equal to 45 % of the                    among the same Member States, the second
duties of the Common Customs Tariff ; whereas as                         instalment constituting a reserve intended to
regards the duties applicable to the quota by the new                    cover the later requirements of Member States
Member States, the special provisions of the Protocol                    which have used up their initial quota shares ;
and of the Act of Accession should be complied with ;                    whereas in order to ensure a certain degree of
whereas to comply with the special provisions of the                     security to importers in each Member State, the
Protocol, separate arrangements should be made for                       first instalment of the quota should be fixed in
the Member States of the Community as originally                         this case at approximately 70 % ;
constituted, on the one hand, and for the new Member
States, on the other ;
                                                                      — the initial quota shares may be used up at different
                                                                         rates ; whereas , therefore, to avoid disruption of
Whereas as regards the Community as originally                           supplies, any Member State which has almost
constituted :
                                                                         used up its initial quota share, must draw an
                                                                         additional quota share from the reserve ; whereas
— equal and uninterrupted access to the quota                            this must be done by each Member State as each
     should be ensured for all importers and quota                       one of its additional quota shares is almost used
     duties applied continuously to all imports of the                   up , and as many times as the reserve allows ;
     said products until the quota has been used up ;                    whereas the initial and additional quota shares
                                                                         shall be valid until the end of the quota period ;
                                                                          whereas this form of administration requires close
                                                                          collaboration between the Member States con­
 I1) OJ No L 251 , 7 . 9 . 1973 , p . 2 .
 (2) OJ No L 251 , 7 . 9 . 1973 , p . 87 .                                cerned and the Commission, and the Commission
 ---pagebreak--- No L 48 /80                          Official Journal of the European Communities                                              20 . 2 . 74
   must be in a position to follow the extent to which               CCT
   the quota volume has been used up and inform                    heading
                                                                      No
                                                                                                       Description
   the Member States thereof ;
                                                                     27.10        Petroleum       oils  and     oils   obtained from
                                                                                  bituminous minerals, other than crude ; pre­
   if, at a given date in the quota period, a considerable                        parations not elsewhere specified or included,
                                                                                  containing not less than 70% by weight of
    quantity of the initial quota share is left over in                           petroleum oils or of oils obtained from
    one of the Member States concerned , it is essential                          bituminous minerals, those oils being the
   that that State should return a significant proportion                         basic constituents of the preparations :
   to the reserve, to prevent a part of the quota                                 A. Light oils :
    allocated to the Community as originally constitu­                                III. For other purposes
   ted from remaining unused in one Member State
    when it could be used in others ;                                             B. Medium oils :
                                                                                      III. For other purposes
                                                                                  C. Heavy oils :
    since the Kingdom of Belgium, the Kingdom of                                         I. Gas oil :
    the Netherlands and the Grand Duchy of Luxem­                                             c) For other purposes
    bourg are united in and represented by the Benelux                                  II . Fuel oil :
    Economic Union, any measure concerning the                                                c) For other purposes
    administration of the quota shares allocated to
                                                                                      III . Lubricating oils ; other oils :
    that Economic Union may be carried out by one
                                                                                              c) To be mixed in accordance with
    of its members ;                                                                             the terms of Additional Note 7
                                                                                                 to Chapter 27 ( a)
                                                                                              d) For other purposes
                                                                     27.11        Petroleum gases and other gaseous hydro­
                                                                                  carbons :
Whereas, as regards the new Member States :
                                                                                  B. Other :
                                                                                          I. Commercial propane and commercial
                                                                                              butane :
— the quota duties shall be calculated by the new                                             c) For other purposes
    Member States in accordance with Articles 3 and
    4 of the Protocol ;
                                                                     27.12        Petroleum jelly :
                                                                                  A. Crude
                                                                                       III. For other purposes
                                                                                  B. Other
     equal and uninterrupted access to the quota
     should be ensured for all importers and quota
     duties should be applied continuously to all                    27.13        Paraffin wax, micro-crystalline wax, slack
                                                                                  wax, ozokerite, lignite wax, peat wax and
     imports of the products in question until the quota                          other mineral waxes, whether or not coloured :
     has been used up ,                                                           B. Other
                                                                                          I. Crude :
                                                                                              c) For other purposes
                                                                                        II .  Other
HAS ADOPTED THIS REGULATION :
                                                                     27.14        Petroleum bitumen, petroleum coke and other
                                                                                  residues of petroleum oils or of oils obtained
                                                                                  from bituminous minerals :
                                                                                   C. Other
                           Article 1                                                     II .  Other
Subject to any measures which may be taken in                    (a) Entry unde- this subheading is subject to conditions to be determined
application of Article 3 (2) and (4) of Annex I to the               by the competent authorities.
Agreement between the European Economic Com­
munity and the Arab Republic of Egypt, a Community
tariff quota of 360 000 metric tons shall be opened
until 31 December 1974, for the products listed below            The quota shall be allocated and administered in
refined in the Arab Republic of Egypt :                          accordance with the following provisions.
 ---pagebreak--- 20 . 2. 74                            Official Journal of the European Communities                            No L 48 / 81
                         SECTION I                               second quota share , to the extent that the reserve is
                                                                 sufficient, equal to 15% of its initial quota share,
                                                                 rounded up to the next unit where necessary.
        Provisions applicable to the Community
                  as originally constituted                      2. If, after its initial quota share has been used up ,
                                                                 90% or more of the second quota share drawn by
                                                                 a Member State has been used up, that Member State
                                                                 shall , in the manner provided for in paragraph 1 ,
                          Article 2                              draw a third quota share, equal to 7-5 % of its initial
                                                                 quota share, rounded up where necessary to the next
Common Customs Tariff duties shall be partially                  unit.
suspended at the rates indicated below for 200 000
metric tons of the quota referred to in Article 1 :
                                                                 3 . If, after its second quota share has been used up,
                                                                 90% or more of the third quota share drawn by a
         CCT heading No               Rate of duty ( % )
                                                                 Member State has been used up, that Member State
                                                                 shall, in the same manner, draw a fourth quota share
                                                                 equal to the third.
     27.10 A III                              2-7
     27.10 B III                              2-7
                                                                  This procedure shall be followed until the reserve
     27.10 C I c)                             1-5                 has been used up .
     27.10 C II c)                            1-5
     27.10 C III c)                           1-8
                                                                  4. Notwithstanding paragraphs 1 to 3 , a Member
     27.10 C III d)                           2-7
                                                                  State may draw smaller shares than those fixed in
     27.11 B I c)                             0-6                 these paragraphs if there is reason to believe that
     27.12 A III                              0-9                 those fixed might not be used up. It shall inform the
     27.12 B                                  3-1                 Commission of its reasons for applying this paragraph.
     27.13 B I c)                             0-9
     27.13 B II                               2-7
     27.14 C II                               0-9                                          Article 5
                                                                  Additional quota shares drawn pursuant to Article 4
                                                                  shall be valid until 31 December 1974 .
                           Article 3
 1 . A first instalment of 140 000 metric tons of the
amount mentioned in Article 2 shall be allocated                                           Article 6
 among the Member States ; the shares which, subject
 to Article 6, are valid until 31 December 1974, are
 as follows :                                                     A Member State which on 15 September 1974, has not
                                                                  used up its initial quota share shall return to the
                                                                  reserve not later than 10 October 1974 the unused
               Germany        35 000 metric tons                  portion exceeding 20% of the initial amount. It may
               Benelux        30 000 metric tons                  return a greater portion if there is reason to believe
               France         35 000 metric tons                   that it may not be used up.
               Italy          40 000 metric tons                   Member States shall, not later than 10 October 1974,
                                                                   notify the Commission of the total quantities of the
 2. The second instalment, amounting to 60 000 metric              products on question imported up to and including
 tons, shall make up the reserve.                                  15 September 1974 and charged against the Community
                                                                   tariff quota and any quantities returned to the reserve.
                           Article 4
  1.  If 90%      or more of a Member State's initial                                      Article 7
 quota share specified in Article 3 (1 ), or of that share
  less the portion returned to the reserve where Article 6         The Commission shall keep an account of the quota
 is applied, has been used up, that Member State shall             shares opened by the Member States pursuant to
  without delay, by notifying the Commission, draw a               Articles 3 and 4 and shall, as soon as information
 ---pagebreak--- No L 48 / 82                       Official Journal of the European Communities                              20. 2. 74
reaches it, inform each State of the extent to which                      Denmark      5 000 metric tons
the reserve has been used up.                                             Ireland      5 000 metric tons
                                                                          United
It shall, not later than 15 October 1974, inform the                      Kingdom 150 000 metric tons
Member States of the amount still in the reserve after
returns have been made pursuant to Article 6.
                                                                                   SECTION III
It shall ensure that the drawing which uses up the
reserve is limited to the balance available and to this                         General provisions
end shall specify the amount thereof to the Member
State making the last drawing.                                                       Article 11
                        Article 8                             1 . Member States shall ensure that the quota shares
                                                              allocated to them are freely accessible to importers of
                                                              the products in question established in their territory.
Member States shall take all necessary measures to
ensure that additional shares taken up under Article 4
                                                              2. The extent to which the Member State's shares
are so drawn as to allow for uninterrupted charges
against their accumulated shares of the Community             have been used up shall be ascertained from the
quota .                                                       imports of the said products presented for customs
                                                              clearance under cover of a declaration that they have
                                                              been made available for consumption.
                       SECTION II                                                    Article 12
                                                             Member States shall regularly inform the Commission
                                                             of imports of products refined in the Arab Republic
  Provisions applicable to the new Member States             of Egypt actually charged against their quota shares.
                                                                                     Article 13
                        Article 9
                                                             Member States and the Commission shall collaborate
Within the tariff quota referred to in Article 1 , the        closely in order to ensure that this Regulation is
new Member States shall apply duties calculated in            respected.
accordance with the relevant provisions of the Act
of Accession, the Agreement and the Protocol.                                        Article 14
                                                              The tariff quota laid down in this Regulation shall be
                                                              opened for 1974.
                        Article 10
                                                              This Regulation shall enter into force on the third
Under the quota, 160 000 metric tons shall be allocated       day following its publication in the Official Journal
among the new Member States as follows :                      of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 February 1974.
                                                                                For the Council
                                                                                  The President
                                                                                   W. SCHEEL