CELEX: 31987R4106
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4106/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain petroleum products refined in Spain, falling within chapter 27 of the combined nomenclature (1988)

31 . 12 . 87                             Official Journal of the European Communities                                    No L 383 / 37
                                          COUNCIL REGULATION ( EEC ) No 4106 / 87
                                                          of 22 December 1987
                opening, allocating and providing for the administration of a Community tariff quota for certain
                petroleum products refined in Spain , falling within Chapter 27 of the combined nomenclature
                                                                  1988
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              quota is exhausted ; whereas , in the light of these principles ,
                                                                        allocation of the tariff quota among the Member States
                                                                        would seem to preserve the Community nature of the quota ;
  Having regard to the Treaty establishing the European                 whereas in order to correspond as closely as possible to the
 Economic Community ,                                                  real trend of the market for the product in question the
                                                                        allocation should reflect the requirements of the Member
 Having regard to the Act of Accession of Spain and Portugal ,          States based on statistics of imports of the said products from
 and in particular Articles 30 and 31 thereof,                          Spain during a representative reference period and on the
                                                                       economic outlook for the quota period in question ;
 Having regard to the proposal from the Commission ,
                                                                       Whereas during the last three years for which statistics are
                                                                        available the imports of these products into the Member
 Whereas , under Articles 30 and 31 of the Act of Accession ,          States were as follows :
 the duties applicable to imports into the Community as
 constituted on 31 December 1985 of certain petroleum
 products , falling within Chapter 27 of the combined                                                                              (tonnes)
 nomenclature and refined in the part of Spain which is                           Member State             1984       1985        1986
 included within the customs territory of the Community , are
 to be progessively abolished in the context of a Community            Benelux                            11 800    13 794      347 936
 tariff quota of 1 424 000 tonnes ; whereas on 1 January 1988          Denmark
 the duties in question shall be reduced to 62,5 % of the basic
                                                                                                            —
                                                                                                                         71,6    14 055
 duties ; whereas by way of derogation from Article 30 of the          Germany                             7 330     6 293      362 533
                                                                       Greece                              4 467       244            87
 Act of Accession , Regulation ( EEC ) No 443 / 86 ( x ) provides
 that the basic duties shall be those actually applied on 1            France                           118 256    296 450      560 176
 January 1986 ; whereas it is therefore appropriate , for the          Ireland                              —
                                                                                                                    16 967      822 132
 purpose of determining the duties applicable to the products          Italy                              39 351    81 421      191 110
 in question , to open a Community tariff quota of 1 424 000           United Kingdom                   312 086    191 587      949 602
 tonnes for the abovementioned petroleum products , at the
 rates of duty shown in the table in Article 1 ;
 Whereas Article 1 of Procotol 3 annexed to the Act of                 Whereas in view of these factors and of market forecasts for
 Accession makes special provision for the importation into            these products , and in particular of forecasts made by certain
 Portugal of the products in question originating in Spain ;           Member States , the initial percentage shares of the quota
 whereas , consequently , the Community tariff quota applies           volume can be expressed approximately as follows :
 only in the Community as constituted on 31 December
 1985 ;
                                                                               Benelux                                       7,87
                                                                               Denmark                                        1,17
 Whereas from the date on which the said quota is opened , the                 Germany                                       5,85
nomenclature used in the Common Customs Tariff will be                         Greece                                        0,47
replaced by the combined nomenclature based on the                             France                                       20,48
                                                                               Ireland                                      27,01
International Convention on the Harmonized Commodity
Description and Coding System ; whereas this Regulation                        Italy                                         6,50
must take account of that fact by indicating the combined                      United Kingdom                               30,65
nomenclature codes and , where appropriate , the TARIC
code numbers within which the said products fall ;
                                                                       Whereas , to allow for the trend of imports of the products
                                                                       concerned in the various Member States , the quota volume
Whereas equal and continuous access to the quota should be             should be divided into two parts , the first being allocated
ensured for all Community importers and the rates laid down            among the Member States and the second held as a reserve to
for the quota should be applied consistently to all imports of         cover any subsequent requirements of Member States which
the products in question into all the Member States until the          have used up their initial share ; whereas , to afford importers
                                                                       in each Member State some degree of certainty, an
( J ) OJ No L50 , 28 . 2 . 1986 , p. 9 .                               appropriate level for the first part of the Community quota
 ---pagebreak---   No L 383 / 38                               Official Journal of the European Communities                                       31 . 12 . 87
  would , in the present circumstances , be 60 % of the quota               remaining unused in one Member State when it could be used
  volume ;                                                                  in others ;
                                                                            Whereas since the Kingdom of Belgium , the Kingdom of the
  Whereas the initial shares of the Member States may be used               Netherlands and the Grand Duchy of Luxembourg are united
  up at different rates ; whereas , in order to avoid any break in          within and jointly represented by the Benelux Economic
  the continuity of supplies on this account , it should be                 Union , any operation concerning the administration of the
  provided that any Member State which has almost used up its               quota shares allocated to that economic union may be carried
  initial share should draw an additional share from the                    out by any one of its members ,
  corresponding reserve ; whereas each time one of its
  additional shares is almost used up a Member State should
  draw a further share and so on as many times as the reserve
  allows ; whereas the initial and additional shares must be                HAS ADOPTED THIS REGULATION :
  valid until the end of the quota period; whereas this form of
  administration requires close cooperation between the
  Member States and the Commission and the latter must be
  able to monitor the extent to which the quota volume has                                                Article 1
  been used up and inform the Member States accordingly ;
                                                                            From 1 January to 31 December 1988 the customs duty
                                                                            applicable to imports into the Community as constituted on
  Whereas if at a given date in the quota period a considerable             31 December 1985 of the following products , refined in the
  quantity of a Member State's initial share remains unused, it             part of Spain included in the customs territory of the
  is essential that the Member State concerned should return a              Community , shall be suspended at the levels indicated and
  significant proportion thereof to the corresponding reserve in            within the limits of a Community tariff quota of 1 424 000
  order to prevent part of the Community tariff quota from                  tonnes :
      Order No          CN code                                                Description                                      Rate of duty
                                                                                                                                    (% )
                       2710 00          Petroleum oils and oils obtained from bituminous minerals , other than crude ;
                                        preparations not elsewhere specified or included , containing by weight 70 % or more of
                                        petroleum oils or oils obtained from bituminous minerals , these oils being the basic
                                        constituent preparations :
                                        —  Light oils :
                                        —  — For other purposes :
                                        —  — — Special spirits :
  09.0313              2710 00 21       —  — — — White spirit :                                                                     1,5
                       2710 00 25       — — — — Other                                                                               1,5
                                        — — — Other :
                                        — — — — Motor spirit :
I                     2710 00 31        — — — — — Aviation spirit :
                                        — — — — — Other , with a lead content :
                                                                                                                                    1,5
                      2710 00 33        —  —  —  —   — — Not exceeding 0,013 g / 1                                                  1,5
                      2710 00 35        —  —  —  —   — — Exceeding 0,013 g / 1                                                      1,5
l                     2710 00 37        —  —  —  —   Spirit-type jet fuel                                                           1,5
                      2710 00 39        —  —  —  —   Other light oils                                                               1,5
                                        — Medium oils :
                                        — — For other purposes :
                                        — — — Kerosene :
                      2710 00 51        — — — — Jet fuel                                                                            1,5
I                     2710 00 55        — — — — Other                                                                               1,5
                      2710 00 59        — — — Other                                                                                 1,5
                                        — Heavy oils :
                                        — — Gas oils :
                      2710 00 69        — — — For other purposes                                                                    0,8
                                        — — Fuel oils :
                      2710 00 79        — — — For other purposes                                                                    0,8
                                        — — Lubricating oils ; other oils :
 ---pagebreak--- 31 . 12 . 87                                         Official Journal of the European Communities                                       No L 383 / 39
                                                                                                                                           Rate of duty
      Order No             CN code                                                       Description                                           (% )
09.0313                  2710 00 95           — — — To be mixed in accordance with the terms of additional note 6 to this
(cont'd)                                                chapter ( 1 )                                                                          1
                         2710 00 99           — — — For other purposes                                                                         1,5
                         2711                 Petroleum gases other gaseous hydrocarbons :
                                              — Liquefied :
                                              — — Propane :
                                              — — — Other :
                         2711 12 99           — — — — For other purposes                                                                       0,3
                                              — — Butanes :
                         2711 13 90           — — — For other purposes                                                                         0,3
                                              — In gaseous state :
                         2712                 Petroleum jelly ; paraffin wax , microcrystalline petroleum wax , slack wax , ozokerite ,
                                              lignite wax , peat wax , other mineral waxes , and similar products obtained by synthesis
                                              or by other processes , whether or not coloured :
                                              — Petroleum jelly :
                         2712 10 90           — — other                                                                                        1,1
                         2712 20 00           — Paraffin wax containing by weight less than 0,75% of oil                                       1
                                              — Other :
                                              — — Other :
                                              — — — Crude :
                         2712 90 39           — — — — For other purposes                                                                       0,4
                         2712 90 90           — — — Other                                                                                      1
                         2713                 Petroleum coke , petroleum bitumen and ohter residues of petroleum oils or of oils
                                              optained from bituminous minerals :
                                              — Other residues of petroleum oils or of oils obtained from bituminous minerals :
                         2713 90 90           — — Other                                                                                        0,4
( l ) Entry under this subheading is subject to conditions laid down in the relevant Community provisions .
                                 Article 2                                            less any portion returned to the reserve pursuant to Article 5 ,
                                                                                      it shall forthwith , by notifying the Commission and to the
 1.       The first part of the Community tariff quota referred to                    extent that the reserve so permits , draw a second share equal
in Article 1 , amounting to 854 400 tonnes , shall be allocated                       to 15 % of its initial share , rounded up where necessary to the
among the Member States ; the quota shares , which shall ,                            next whole number .
subject to Article 5 , be valid until 31 December 1988 , shall
be as follows :
                                                                                      2.      If, after its initial quota share has been used up , a
                                                             (tonnes)                 Member State has used 90 % or more of its second share as
          Benelux                                            67 280                   well , it shall forthwith , using the procedure provided for in
          Denmark                                            10 000                   paragraph 1 , draw a third share equal to 7,5 % of the initial
          Germany                                            50 000                   share , rounded up where necessary to the next whole
          Greece                                               4 040                  number .
          France                                           175 000
          Ireland                                          230 690
          Italy                                              55 570
                                                                                      3.      If, after its second share has been used up , a Member
          United Kingdom                                   261 820
                                                                                      State has used 90 % or more of its third share , it shall , using
                                                                                      the same procedure , draw a fourth share equal to the
2.       The second part , amounting to 569 600 tonnes , shall                        third .
constitute the reserve .
                                                                                      This process shall continue until the reserve is used up .
                                 Article 3
1.       If a Member State has used 90 % or more of its                               4.      By way of derogation from paragraphs 1 , 2 and 3 ,
initial share as specified in Article 2 ( 1 ), or of that share                       Member States may draw smaller shares than those specified
 ---pagebreak--- No L 383 / 40                             Official Journal of the European Communities                                 31 . 12 . 87
in the said paragraphs if there is reason to believe that they       It shall ensure that the drawing which exhausts the reserve
might not be used in full . Member States shall inform the           does not exceed the balance available , and to this end shall
Commission of their reasons for applying this paragraph .            notify the amount of that balance to the Member State
                                                                     making the final drawing.
                            Article 4                                                           Article 7
Additional shares drawn pursuant to Article 3 shall be valid         1.     Member States shall take all appropriate measures to
until 31 December 1988 .                                             ensure that additional drawings of shares pursuant to
                                                                     Article 3 enable imports to be charged without interruption
                                                                     against their accumulated shares of the Community tariff
                                                                     quota .
                            Article 5
                                                                     2.     Member States shall ensure that importers of the
                                                                     products concerned have free access to the quota shares
By 1 October 1988 at the latest , Member States must return          allocated to them .
to the reserve the unused portion of their initial share which ,
on 15 September 1988 , is in excess of 20% of the initial            3.     The extent to which a Member State has used up its
volume . They may return a greater portion if there is reason        shares shall be determined on the basis of the imports of the
to believe that it might not be used .                               goods in question entered with the customs authorities for
                                                                     free circulation .
By 1 October 1988 at the latest , Member States must notify
the Commission of the total quantities of the products
concerned imported on or before 15 September 1988 and                                           Article 8
charged against the Community quota and of any portion of
their initial share that they are returning to the reserve .         At the request of the Commission , Member States shall
                                                                     inform it of imports actually charged against their quota
                                                                     shares .
                            Article 6
                                                                                                Article 9
The Commission shall keep account of the shares drawn by
Member States pursuant to Articles 2 and 3 and shall inform          The Member States and the Commission shall cooperate
each Member State of the extent to which the reserve has             closely to ensure that this Regulation is complied with .
been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October                                     Article 10
1988 of the state of the reserve following any return of quota
shares pursuant to Article 5 .                                       This Regulation shall enter into force on 1 January 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1987 .
                                                                                            For the Council
                                                                                             The President
                                                                                             N. WILHJELM