CELEX: 31974R2915
Language: en
Date: 1974-11-18 00:00:00
Title: Regulation (EEC) No 2915/74 of the Council of 18 November 1974 opening, allocating and providing for the administration of a Community tariff quota for certain petroleum products falling with Chapter 27 of the Common Customs Tariff, refined in Spain

26 . 11.74                        Official Journal of the European Communities                             No L 315 /5
                             REGULATION (EEC) No 2915/74 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 Spain
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     Whereas, during the last three years for which
                                                                statistics are available, the corresponding imports by
                                                                each of the Member States represent the following
 Having regard to the Treaty establishing the Euro­             percentages of the imports into the Community from
 pean Economic Community and in particular Article              Spain of the products concerned :
 113 thereof;
                                                                                              1971     1972      1973
Having regard to the proposal from the Commission ;
                                                               Germany                       19-80    34-60      49-0
Whereas     the Agreement     between    the European
                                                               Benelux                       25-40     9-10      15-3
Economic Community and Spain, signed at Luxem­
bourg on 29 June 1970, provides in Article 2 ( 1 ),            France                        13-00     8-40      11-2
together with Article 3 of Annex I, for the opening            Italy                         41-80    47-90      24-5
by the Community of an annual total Community
tariff quota of 1 200 000 metric tons of certain
petroleum products falling within Chapter 27 of the
Common Customs Tariff, refined in Spain ; whereas,
pursuant to Article 2 of the said Annex, the quota             Whereas, in view of these factors of the foreseeable
duty is equal to 40% of the Common Customs Tariff              development of the market for the products in
duties effectively applied in this year in respect of          question and in particular of the estimates submitted
the product concerned ;                                        by certain Member States, initial quota shares may
                                                               be fixed approximately at the following percentages :
Whereas the Community tariff quota in question
                                                                         Germany                             39
should be opened for the year 1975 ; and whereas,
however, because of the possibility of implementing                      Benelux                              17
after preferential arrangements as a result of a new
Agreement between the European Economic Com­                             France                              11
munity and Spain, it is necessary to limit the quota
period to the date the new Agreement enters into                         Italy                               33
force .
Whereas it is in particular necessary to ensure to all         Whereas, to take account of future import trends in
Community importers equal and uninterrupted access             the various Member States of the product under
to the abovementioned quota and uninterrupted                  consideration, the total quota volume should be
application of the rate laid down for that quota to            divided into two tranches, the first being shared
all imports of the product concerned into all Member           among the Member States and the second
States until the quota has been used up ; whereas,             held as a reserve to cover at a later date the require­
having regard to the principles mentioned above,               ments of those Member States having used up their
the Community nature of the quota can be respected             initial share ; whereas, to give Member State importers
by allocating the Community tariff quota among the             some certainty, the first tranche of the Community
Member States ; whereas, to represent as closely as            quota might be fixed at 80% of the quota volume ;
possible the actual development of the market in the
products in question, the allocation should follow
proportionately the requirement of the Member                  Whereas the initial shares of Member States may
States calculated from both statistics of imports from         be used up more or less quickly ; whereas , therefore,
Spain during a representative period and the                   to avoid disruption of supplies any Member State
economic outlook for the tariff period in question ;           which has almost used up its initial share must draw
 ---pagebreak--- No L 315/6                                 Official Journal of the European Communities                                                26 . 11 . 74
a supplementary share from the reserve; whereas this                            Economic        Union     any        measure     concerning     the
must be done by each Member State as each one of                                administration       of   the     shares     allocated   to   that
its supplementary shares is almost used up, and as                              Economic Union may be carried out by any one of
many times as the reserve allows ; whereas the initial                          its members,
and supplementary shares must be valid until the end
of the quota period ; whereas this form of administra­
tion requires close collaboration between the Member                            HAS ADOPTED THIS REGULATION :
States and the Commission, and the Commission
must be in a position to follow the extent to which
the quota volume has been used up and inform the                                                            Article 1
Member States thereof;
                                                                                From 1 January 1975 until the date of entry into
Whereas if, at a given date in the quota period, a                             force of a new Agreement between the European
considerable quantity of the initial share is left over                         Economic Community and Spain but not later than
in a Member State, it is essential that each State
                                                                                31 December 1975 and subject to the measures which
should return a significant proportion to the reserve                           might be taken pursuant to Article 3 (2) and (4) of
to prevent a part of the Community quota from                                   Annex I to the Agreement between the Community
remaining unused in one Member State when it could                              and Spain, the Common Customs Tariff duties in
be used in others ;
                                                                                respect of the products refined in Spain and listed
                                                                                below shall be suspended partially at the levels
Whereas since the Kingdom of Belgium, the Kingdom                               indicated for each of them, within the limits of a
of the Netherlands and the Grand Duchy of Luxem­                                global Community tariff quota of 1 200 000 metric
bourg are jointly represented by the Benelux                                    tons :
                   CCT
                  heading                                                                                              Rate of duty
                                                                     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 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
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities .
 ---pagebreak---  26 . 11.74                                 Official Journal of the European Communities                                 No L 315/7
                     CCT
                   heading                                                                                  Rate of duty
                                                                Description                                      %
                     No
               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
                           Article 2                                      equal to 7-5% of its initial share, rounded up to
                                                                          the next unit where necessary, to the extent permitted
 1 . The first tranche, amounting to 1 000 000 metric                     by the amount of the reserve.
tons of the Community tariff quota referred to in
Article 1 , shall be allocated among the Member                          3 . If, after its second share has been used up, 90% or
States ; the respective shares which, subject to                         more of the third share drawn by a Member State
Article 5 , shall be valid until the end of the period                    has been used up, that Member State shall in accord­
stipulated in Article 1 shall consist of the following                    ance with the same conditions, draw a fourth share
amounts :                                                                equal to the third.
         Germany               390 000 metric tons
                                                                         This process shall continue to apply until the reserve
         Benelux               170 000 metric tons                       is used up.
         France                110 000 metric tons
         Italy                 330 000 metric tons
                                                                         4. By derogation from paragraphs 1 , 2 and 3 , the
                                                                         Member States may proceed to draw shares smaller
2. The second tranche, amounting to 200 000 metric                       than those fixed therein, if there is reason to believe
tons, shall constitute a reserve.
                                                                         that those shares might not be used up. They shall
                                                                         inform the Commission of the reasons which led
                           Article 3                                     them to apply this paragraph.
1 . If 90%     or more of a Member State's initial                                                 Article 4
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                      Additional shares drawn pursuant to Article 3 shall
State shall without delay, by notifying the Commis­                      be valid until the end of the period stipulated in
sion, draw a second share equal to 15% of its initial                    Article 1 .
share, rounded up where necessary to the next unit,
to the extent permitted by the amount of the reserve.
                                                                                                   Article 5
2. If, after its initial share has been used up, 90%
or more of the second share drawn by a Member                            A Member State which on 15 September 1975 has
State has been used up, that Member State shall,                         not used up its initial share shall return to the reserve
by notifying the Commission, draw a third share                          not later than 10 October 1975 the unused portion
 ---pagebreak--- No L 315 / 8                      Official Journal of the European Communities                              26 . 11 . 74
exceeding 20% of the initial amount. It may return                                    Article 7
a greater portion if there are grounds for believing
that it may not be used up.                                  1 . Member States shall take all measures necessary
                                                             to ensure that supplementary shares drawn pursuant
                                                             to Article 3 are opened in such a way that imports
Member States shall, not later than 10 October 1975 ,        may be charged without interruption against their
notify the Commission of the total quantities of the         accumulated shares in the Community tariff quotas .
said goods imported up to and including 15 Septem­
ber 1975 and charged against the appropriate Com­            2 . Member States shall ensure that importers of the
munity tariff quota and any quantities of the initial        said goods established in their territory have free
share returned to the reserve .                              access to the shares allocated to them .
                                                             3 . Member States shall charge imports of the said
                       Article 6                             goods against their shares as and when such goods
                                                             are entered for home use .
The Commission shall keep an account of the shares                                    Article 8
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as it has been notified,            Member States      shall   inform    the Commission      at
inform each State of the extent to which the reserves        regular intervals of imports of the said product
have been used up.                                           actually charged against their shares.
It shall inform the Member States not later than                                      Article 9
15 October 1975 of the amounts still in reserve after
                                                             The Member        States   and   the   Commission    shall
amounts have been returned thereto pursuant to
Article 5 .                                                  cooperate closely in order to ensure that this Regula­
                                                             tion is observed .
It shall ensure that the drawing which uses up a                                      Article 10
reserve is limited to the balance available and to
this end shall specify the amount thereof to the             This Regulation, shall enter into force on 1 January
Member State making the last drawing.                        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