CELEX: 31985R3665
Language: en
Date: 1985-12-20
Title: Council Regulation (EEC) No 3665/85 of 20 December 1985 opening and providing for the administration of a Community preferential ceiling for certain petroleum products refined in Turkey and establishing Community supervision of imports thereof (1986)

30 . 12 . 85                                Official Journal of the European Communities                                No L 354 / 1
                                                                    I
                                                (Acts whose publication is obligatory)
                                           COUNCIL REGULATION ( EEC) No 3665 / 85
                                                         of 20 December 1985
             opening and providing for the administration of a Community preferential ceiling for certain
             petroleum products refined in Turkey and establishing Community supervision of imports thereof
                                                                  1986
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas , in accordance with Article 119 of the Act of
                                                                       Accession of Greece, the Council adopted Regulation
                                                                       ( EEC ) No 3555 / 80 determining the arrangements to be
                                                                       applied with regard to imports into Greece , originating in
Having regard to the Treaty establishing the European                  Algeria , Israel , Malta , Morocco , Portugal , Syria , Tunisia
Economic Community , and in particular Article 113                     or Turkey ( 3 );
thereof,
                                                                       Whereas in the absence of a Protocol as provided for in
Having regard to the proposal from the Commission ,                    Articles 179 and 366 of the Act of Accession of Spain and
                                                                       Portugal , the Community must take the measures referred
                                                                       to in Articles 180 and 367 of that Act; whereas , this
                                                                        Regulation therefore applies to the Community of Nine;
Whereas , pending the entry into force of the
Supplementary Protocol signed in Ankara on 30 June 1973
containing the adjustments to be made to the Agreement                 Whereas the application of the ceiling requires that the
establishing an association between the European                       Community should be regularly informed of the trend of
Economic Community and Turkey and to the Additional                     imports of these products should therefore be subject to a
Protocol 0 ) consequent on the accession of new Member                  system of supervision ;
States , the Community has undertaken , in an Interim
Agreement (2) which runs only for a limited period prior to
the entry into force of this Supplementary Protocol , which            Whereas this objective may be attained by means of an
is applicable until 31 December 1974 but which has been                 administrative procedure based on setting off imports of
extended for 1986 in accordance with the terms laid down
                                                                        the products in question against the ceiling, at Community
in Article 13 thereof, to implement certain provisions of the           level , as and when these products are submitted to the
Supplementary Protocol relating to trade in goods ;                     customs authorities under cover of declarations that they
whereas , under Article 6 of the Interim Agreement                      have been made available for free circulation ; whereas this
amending the first paragraph of the Sole Article of Annex 1             administrative procedure must take provision for the
to the Additional Protocol , the Community must totally                 reintroduction of the Common Customs Tariff duty as
suspend the customs duties applicable to certain petroleum              soon as the said ceiling has been reached at Community
products falling within Chapter 27 of the Common                        level ;
Customs Tariff, refined in Turkey , within the limit of an
annual Community tariff quota of 340 000 tonnes ;
whereasj for the products concerned , a provisional                     Whereas this administrative procedure requires close and
adjustment should be made to these tariff preferences ,                very rapid cooperation between the Member States and the
consisting essentially of substituting for the Community                Commission , which must be able to monitor the amounts
tariff quota a Community ceiling which amounts, after                   set off against the ceiling and keep the Member States
successive increases , to 705 000 tonnes , above which the              informed thereof; whereas this cooperation must be all the
customs duties applicable to third countries may be                     closer to enable the Commission to take adequate measures
reintroduced ;                                                          to reintroduce the Common Customs Tariff duty whenever
                                                                        the ceiling is reached .
(!) OJ No L 293 , 29 . 12 . 1972 , p . 4 .
H OJ No L 277 , 3 . 10 . 1973 , p . 2 .                                ( 3 ) OJ No L 382 , 31 . 12 . 1980 , p. 1 .
 ---pagebreak--- No L 354 / 2                                 Official Journal of the European Communities                                   30 . 12 . 85
HAS ADOPTED THIS REGULATION                                                   suspended in the Community of Nine for certain petroleum
                                                                              products referred to hereinafter and refined in Turkey,
                                                                              within the limits of a Community ceiling of 705 000
                                                                              tonnes .
                           Article 1
1 . From 1 January to 31 December 1986 the Common                             2 . The petroleum products to which paragraph 1 applies
Customs Tariff duties shall , subject to Article 2 , be totally               are the following:
                       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 oil 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 oils :
                                             c) For other purposes
                                        II . Fuel oils :
                                             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 ( a)
                                             d) For other purposes
                      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, pest 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
               ( a ) Entry under this subheading is subject to conditions to be determined by the competent
                     authorities .
 ---pagebreak--- 30 . 12 . 85                            Official Journal of the European Communities                              No L 354 / 3
3 . Imports of the petroleum products referred to in               duties applicable to third countries until the end of the
paragraph 1 shall be subject to Community supervision .            calendar year .
4 . Imports of the products shall be set off against the
ceiling as and when they are submitted to the customs                                        Article 3
authorities under cover of a declaration that they have been
made available for free circulation .                              Member States shall forward to the Commission not later
                                                                   than the 15th day of each month a statement of the imports
5 . The extent to which the ceiling has been used shall be         effected during the preceding month . If the Commission so
determined at Community level on the basis of the imports          requests , they shall forward this statement, in respect of
set off against it in the manner defined in paragraph 4 .          10-day periods , whithin five clear days of the expiry of
                                                                   each such 10-day period .
6.   Member States shall inform the Commission at the
intervals and within the time limits specified in Article 3 of                               Article 4
any imports effected in accordance with the above rules .
                                                                   The Commission shall take all necessary measures for the
                                                                   implementation of this Regulation in close cooperation
                                                                   with the Member States .
                           Article 2
As soon as the ceiling referred to in Article 1 ( 1 ) has been                               Article 5
reached at Community level , the Commission may issue a
Regulation reintroducing the Common Customs Tariff                 This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 20 December 1985 .
                                                                                        For the Council
                                                                                          The President
                                                                                           R. KRIEPS