CELEX: 31974R0356
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 356/74 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 Spain

20 . 2. 74                         Official Journal of the European Communities                           No L 48/ 13
                              REGULATION (EEC) No 356/74 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 Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                            1970    1971        1972
Having regard to the Treaty establishing the Euro­             Germany                     53-11   19-80       34-60
pean Economic Community and in particular Article              Benelux                     21-90   25-40        9-10
113 thereof;
                                                               France                       8-05   13-00        8-40
                                                               Italy                       16-94   41-80       47-90
Having regard to the proposal from the Commission ;
                                                               Whereas, in view of these factors, of the foreseeable
Whereas the Agreement between the European Eco­                development during 1974 of the market for the pro­
nomic Community and Spain, signed at Luxembourg                ducts in question and in particular of the estimates
on 29 June 1970, provides in Article 2 ( 1 ) together          submitted by certain Member States, initial quota
with Article 3 of Annex I, for the opening by the              shares may be fixed approximately at the following
Community of an annual total Community tariff                  percentages :
quota of 1 200 000 metric tons of certain petroleum
products falling within Chapter 27 of the Common                       Germany                            340
Customs Tariff, refined in Spain ; whereas, pursuant                   Benelux                            16-7
to Article 2 of the said Annex, the quota duty is                                                          9-7
                                                                       France
equal to 40% of the Common Customs Tariff duties
effectively applied in this year in respect of the pro­                Italy                              396
duct concerned ;
                                                               Whereas, to take account of future trends of imports
                                                               of the product under consideration, the total quota
Whereas it is in particular necessary to ensure to all         volume should be divided into two tranches, the first
Community importers equal and uninterrupted access             being shared between Germany and the Benelux and
to the abovementioned quota and uninterrupted ap­              the second held as a reserve to cover at a later date
plication of the rate laid down for that quota to all          the requirements of these Member States, should they
imports of the product concerned into all Member               use up their new share ;
States until the quota has been used up ; whereas,
having regard to the principles mentioned above, the           Whereas to give Member State importers some cer­
Community nature of the quota can be respected by              tainty, the first tranche of the Community quota
allocating the Community tariff quota among the                should be fixed at 80% of the quota value ;
Member States ; whereas, to represent as closely as
possible the actual development of the market in the
products in question, the allocation should follow             Whereas the initial shares of Member States may be
proportionately the requirement of the Member States           used up more or less quickly ; whereas, therefore, to
calculated from both statistics of imports from Spain           avoid disruption of supplies any Member State which
during a representative period and the economic out­           has almost used up its initial share must draw a
look for the tariff period in question.                        supplementary share from the reserve; whereas this
                                                               must be done by each Member State as each one of
                                                               its supplementary shares is almost used up, and as
Whereas, during the past three years for which sta­            many times as the reserve allows ; whereas the initial
tistics are available, the corresponding imports by            and supplementary shares must be valid until the end
each of the Member States represent the following              of the quota period ; whereas this form of admin­
percentages of the imports into the Community from             istration requires close collaboration between the
Spain of the products concerned :                              Member States and the Commission, and the Com­
 ---pagebreak--- No L 48/14                              Official Journal of the European Communities                                         20. 2. 74
mission must be in a position to follow the extent to                       tration of the shares allocated to that economic union
which the quota volume has been used up and inform                          may be carried out by one of its members,
the Member States thereof;
                                                                            HAS ADOPTED THIS REGULATION :
Whereas if, at a given date in the quota period,
a considerable quantity of the initial share is left over                                             Article 1
in a Member State, it is essential that each state
should return a significant proportion to the reserve
to prevent a part of the Community quota from
                                                                            Until 31 December 1974 and subject to the measures
                                                                            which might be taken pursuant to Article 3 (2) and
remaining unused in one Member State while it could
                                                                            (4) of Annex I to the Agreement between the Com­
be used in others ;
                                                                            munity and Spain, the Common Customs Tariff
                                                                            duties in respect of the products refined in Spain and
Whereas since the Kingdom of Belgium, the Kingdom                           listed below shall be suspended partially at the levels
of the Netherlands and the Grand Duchy of Luxem­                            indicated for each of them, within the limits of a
bourg are jointly represented by the Benelux Eco­                           global Community tariff quota of 1 200 000 metric
nomic Union any measure concerning the adminis­                             tons :
                 CCT                                                                                                  Rate
               heading                                            Description                                        of duty
                  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 % 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                                                               2-4
                            B. Medium oils :
                                 III. For other purposes                                                               2-4
                            C. Heavy oils :
                                   I. Gas oil :
                                      c) For other purposes                                                            1*4
                                  II. Fuel oil :
                                      c) For other purposes                                                            1*4
                                 III. Lubricating oils ; other oils :
                                      c) To be mixed in accordance with the terms of Additional
                                          Note 7 to this Chapter (a)                                                   1*6
                                      d) For other purposes                                                            2-4
                27.11       Petroleum gases and other gaseous hydrocarbons :
                            B. Other :
                                   I. Commercial propane and commercial butane :
                                      c) For other purposes                                                            0*6
                 27.12      Petroleum jelly :
                            A. Crude :
                                 III. For other purposes                                                               0-8
                            B. Other                                                                                   2-8
                 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                                                           0-8
                                  II. Other                                                                           2-4
                27.14       Petroleum bitumen , petroleum coke and other residues of petroleum
                            oils or of oils obtained from bituminous minerals :
                            C. Other :
                                 II. Other                                                                            0-8
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---  20. 2. 74                           Official Journal of the European Communities                            No L 48/15
                          Article 2                                                     Article 4
1 . The first tranche, amounting to 1 000 000 metric
tons of the Community tariff quota referred to in               Additional shares drawn pursuant to Article 3 shall
                                                                be valid until 31 December 1974.
Article 1, shall be allocated among the Member
States; the respective shares which, subject to Article
5, shall be valid until 31 December 1974 shall consist
of the following amounts :
                                                                                        Article 5
         Germany              340 000 metric tons
         Benelux              170 000 metric tons
                                                                A Member State which on 15 September 1974 has
         France               100 000 metric tons               not used up its initial share shall return to the reserve
         Italy                390 000 metric tons               not later than 10 October 1974 the unused portion
                                                                exceeding 20% of the initial amount. It may return a
                                                                greater portion if there are grounds for believing that
                                                                it may not be used up.
2. The second tranche, amounting to 200 000 metric
tons shall be held as a reserve.
                                                                Member States shall, not later than 10 October 1974,
                                                                notify the Commission of the total quantities of the
                                                                said goods imported up to and including 15 Septem­
                          Article 3                             ber 1974 and charged against the appropriate Com­
                                                                munity tariff quota and any quantities of the initial
                                                                share returned to the reserve.
1 . If 90% or more of one of a Member State's initial
share as specified in Article 2 ( 1 ), or of that share
minus the portion returned to the reserve where
Article 5 is applied, has been used up, that Member
State shall without delay, by notifying the Commis­                                     Article 6
sion, draw a second share equal to 15% of its initial
share, rounded up where necessary to the next unit,
to the extent permitted by the amount of the reserve.           The Commission shall keep an account of the shares
                                                                opened by the Member States pursuant to Articles 2
                                                                and 3 and shall, as soon as it has been notified,
2. If, after its initial share has been used up, 90% or         inform each State of the extent to which the reserves
more of the second share drawn by a Member State                have been used up.
has been used up, that Member State shall, by noti­
fying the Commission, draw a third share equal to
7-5% of its initial share, rounded up to the next unit          It shall inform the Member States not later than
where necessary, to the extent permitted by the                  15 October 1974, of the amounts still in reserve after
amount of the reserve.                                          amounts have been returned thereto pursuant to
                                                                Article 5 .
3 . If, after its second share has been used up, 90%            It shall ensure that the drawing which uses up a
or more of the third share drawn by a Member State              reserve is limited to the balance available and to this
has been used up, that Member State shall in accord­            end shall specify the amount thereof to the Member
ance with the same conditions, draw a fourth share              State making the last drawing.
equal to the third.
This process shall continue to apply until the reserve
is used up.
                                                                                        Article 7
4. By derogation from paragraphs 1 , 2 and 3 , the
Member States may proceed to draw shares smaller                1 . Member States shall take all measures necessary
than those fixed therein, if there is reason to believe         to ensure that supplementary shares drawn pursuant
that those shares might not be used up . They shall             to Article 3 are opened in such a way that imports
inform the Commission of the reasons which led                  may be charged without interruption against their
them to apply this paragraph.                                   accumulated shares in the Community tariff quotas.
 ---pagebreak--- No L 48 / 16                       Official Journal of the European Communities                              20. 2 . 74
2 . Member States shall ensure that importers of the                                 Article 9
said goods established in their territory have free
access to the shares allocated to them .                      The Member States and the Commission shall co­
                                                              operate closely in order to ensure that this Regulation
3 . Member States shall charge imports of the said            is observed.
goods against their shares as and when such goods
are entered for home use.                                                            Article 10
                                                              The tariff quota laid down in this Regulation shall
                        Article 8                             be opened for 1974.
Member States shall inform the Commission at reg­             This Regulation shall enter into force on the third
ular intervals of imports of the said product actually        day following its publication in the Official Journal
charged against their shares.                                 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