CELEX: 31976R3040
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3040/76 of 9 December 1976 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 (1977)

No L 350/44                           Official Journal of the European Communities                               20. 12. 76
                                      COUNCIL REGULATION (EEC) No 3040/76
                                                     of 9 December 1976
              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 ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the Community tariff quotas in question
                                                                  should be opened for the year 1977, and whereas
                                                                  however, because of the possibility of implementing
                                                                  other preferential arrangements as a result of a new
                                                                  Agreement between the European Economic Com­
Having regard to the Treaty establishing the Euro­
                                                                  munity and Egypt, it is necessary to confine the
pean Economic Community, and in particular Article
1 13 thereof,                                                     period of validity of these tariff quotas to such period
                                                                  as it is not covered by the new Agreement;
Having regard to the proposal from the Commission ,
                                                                  Whereas as regards the Community as originally con­
                                                                  stituted :
Whereas the Agreement between the European
Economic Community and the Arab Republic of
Egypt 0 ) and the Protocol laying down certain
provisions relating to the Agreement between the                  — equal and uninterrupted access to the quota
European Economic Community and the Arab Re­                          should be ensured for all importers and quota
public of Egypt consequent on the accession of new                    duties applied continuously to all imports of the
Member States to the European Economic Com­                            said products until the quota has been used up,
munity (2), provide for the opening of an annual
Community tariff quota of 360 000 metric tons for
certain petroleum products falling within Chapter 27
of the Common Customs Tariff, refined in the Arab                 — in the light of the above principles the Community
Republic of Egypt; whereas the Protocol provides                       nature of the quota may best be preserved by
that the tariff quota should be allocated among the                   an arrangement allocating it among the Member
Member States as follows : 200 000 metric tons for the                States ; whereas in order to provide the most ac­
Community as originally constituted, 5 000 metric                     curate reflection of actual market trends for the
tons for Denmark, 5 000 metric tons for Ireland and                    said products, such allocation should be propor­
150 000 metric tons for the United Kingdom ; where­                    tionate to the needs of the Member States, cal­
as Annex I to the Agreement provides that the duties                   culated both from the statistics for each Member
applicable to tthe quota shall be equal to 45% of the                  State's imports from the Arab Republic of Egypt
duties of the Common Customs Tariff; whereas as                        over a representative reference period and from
regards the duties applicable to the quota by the new                  economic prospects for the quota period in
Member States, the special provisions of the Protocol                  question ,
and of the Act of Accesssion should be complied
with ; whereas to comply with the special provisions
of the Protocol, separate arrangements should be
made for the Member States of the Community as                    — in view of the fact however that over the past
originally constituted, on the one hand, and for the                   three years the said products have been imported
new Member States, on the other;                                       into only two Member States and in small quan­
                                                                       tities, and that no estimates can be made for 1977
                                                                       and in order to ensure a fair distribution among
                                                                       the Member States concerned, the initial percent­
                                                                       age share, having regard to the potential demand
 H OJ No L 251 , 7. 9. 1973 , p. 2.                                    for the said products in the various Member
 (2) OJ No L 251, 7. 9. 1973, p. 87.                                   States, should be approximately 25% each,
 ---pagebreak--- 20. 12. 76                            Official Journal of the European Communities                           No L 350/45
— in order to take account of import trends for the                — since the Kingdom of Belgium, the Kingdom of
    products in question in the Member States con­                      the Netherlands and the Grand Duchy of Luxem­
    cerned, the quota amount should be divided into                     bourg are united in and represented by the Bene­
    two instalments, the first instalment being allo­                   lux Economic Union, any measure concerning the
    cated among the same Member States and the                          administration of the quota shares allocated to
    second constituting a reserve intended to cover                     that economic union may be carried out by any
    the later requirements of Member States which                       of its members;
    have used up their initial quota shares ; whereas
    in order to ensure a certain degree of security to
    importers in each Member State, the first                      Whereas, as regards the new Member States :
    instalment of the quota should be fixed in this
    case at approximately 70% ,
                                                                   — the quota duties shall be calculated by the new
                                                                        Member States in accordance with Articles 3 and
                                                                        4 of the Protocol,
— the initial quota shares may be used up at different
    rates; whereas, therefore, to avoid disruption of              — equal and uninterrupted access to the quota
    supplies, any Member State which has almost                         should be ensured for all importers and quota
    used up its initial quota share, must draw an                       duties should be applied continuously to all im­
    additional quota share from the reserve ; whereas                   ports of the products in question until the quota
    this must be done by each Member State as each                      has been used up,
    one of its additional quota shares is almost used
    up, and as many times as the reserve allows ;
    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                   HAS ADOPTED THIS REGULATION :
    cerned 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 Member States thereof,                                                       Article 1
                                                                   Subject to any measures which may be taken in
                                                                   application of Article 3 (2) and (4) of Annex I to
— if, at a given date in the quota period, a consider­             the Agreement . between the European Economic
    able quantity of the initial quota share is left               Community and the Arab Republic of Egypt, a Com­
    over in one of the Member States concerned, it is              munity tariff quota of 360 000 metric tons shall be
    essential that that State should return a significant          opened from 1 January until the date of entry into
    proportion to the reserve, to prevent a part of the            force of a new Agreement between the European
    quota allocated to the Community as originally                 Economic Community and Egypt, but not later than
    constituted from remaining unused in one Mem­                  31 December 1977, for the products listed below
    ber State when it could be used in others,                     refined in the Arab Republic of Egypt:
                   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 oils or of oils obtained from bituminous min­
                               erals, these oils being the basic constituents of the preparations
                               A. Light oils :
                                   III. For other purposes
                               B. Medium oils :
                                   III. For other purposes
 ---pagebreak--- No L 350/46                              Official Journal of the European Communities                               20. 12. 76
                   CCT
                 heading                                                    Description
                    No
                 27.10            C. Heavy oils :
                (cont'd)                 I. Gas oil :
                                             c) For other purposes
                                        II . Fuel oil :
                                             c) For other purposes
                                      III . Lubricating oils ; other oils :
                                             c) To be mixed in accordance with the terms of Additional Note 7
                                                to Chapter 27 (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, peat
                                   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.
            The quota shall be allocated and administered in accordance with the following
            provisions.
                                                                  SECTION I
                         Provisions applicable to the Community as originally constituted
                                                                   Article 2
            Common Customs Tariff duties shall be partially suspended at the rates indicated
            below for 200 000 metric tons of the quota referred to in Article 1 :
 ---pagebreak--- 20. 12. 76                           Official Journal of the European Communities                         No L 350/47
                                                                3 . If, after its second quota share has been used up,
                                             Rate of duty
              CCT heading No                     (% )           90% or more of the third quota share drawn by a
                                                                Member State has been used up, that Member State
                                                                shall, in the same manner, draw a fourth quota share
27.10 A III                                      2-7            equal to the third.
27.10 B III                                      2-7
                                                                This process shall be applied until the reserve is ex­
27.10 C I c)                                     1-5            hausted .
27.10 C II c)                                     1-5
                                                                4. Notwithstanding paragraphs 1 , 2 and 3 , the
27.10 C III c)                                   1-8            Member States may proceed to draw shares smaller
27.10 C III d)                                   2-7            than those fixed in those paragraphs if there is reason
                                                                to believe that they might not be used up. They
27.11 B I c)                                     0-6            shall inform the Commission of the reasons which
27.12 A III                                      0-9            led them to apply this paragraph.
27.12 B                                          3-1
                                                                                          Article 5
27.13 B I c)                                     0-9
27.13 B II                                       2-7
                                                                Each of the additional shares drawn pursuant to
27.14 C II                                       0-9            Article 4 shall be valid until the date defined in
                                                                Article 1 .
                                                                                          Article 6
                        Article 3
                                                                The Member States shall return to the reserve, not
1 . A first instalment, amounting to 140 000 metric
tons of the amount mentioned in Article 2, shall be
                                                                later than 1 October 1977, the unused portion of
allocated among the Member States ; the shares,                 their initial share which, on 15 September 1977, is in
which subject to Article 6 are valid until the date             excess of 20% of the initial amount. They may re­
defined in Article 1 , are as follows :                         turn a greater portion if there are grounds for be­
                                                                lieving that such portion may not be used in full .
        Germany                35 000 metric tons,
        Benelux                30 000 metric tons,              The Member States shall, not later than 1 October
        France                 35 000 metric tons,
                                                                1977, notify the Commission of the total imports
                                                                of the said goods effected up to and including
        Italy                  40 000 metric tons.
                                                                15 September 1977, and charged against the Com­
                                                                munity quota and, where appropriate, the proportion
2. The second instalment of 60 000 metric tons shall            of their initial share that is being returned to the
constitute the reserve.                                         reserve .
                          Article 4                                                       Article 7
1 . If 90% or more of a Member State's initial quota            The Commission shall keep account of the shares
share specified in Article 3 ( 1 ), or of that share less       opened by Member States in accordance with
the portion returned to the reserve where Article 6 is          Articles 3 and 4 and shall inform each State of the
applied, has been used up, that Member State shall              extent to which the reserve has been used up as soon
without delay, by notifying the Commission, draw                 as it receives the notifications.
a second quota share, to the extent that the reserve
is sufficient, equal to 15% of its initial quota share,         The Commission shall, not later than 5 October
rounded up to the next unit where necessary.                    1977, notify the Member States of the amount in
                                                                reserve after the return of shares pursuant to Article
2. If, after its initial quota share has fceen used up,         6.
90% or more of the second quota share drawn by
a Member State has been used up, that Member State              The Commission shall ensure that any drawing
shall, in the manner provided for in paragraph 1 ,              which uses up the reserve is limited to the balance
draw a third quota share, equal to 7-5% of its initial          available and, for this purpose, shall specify the
quota share, rounded up where necessary to the next             amount thereof to the Member State which makes
unit.                                                           the last drawing.
 ---pagebreak--- No L 350/48                        Official Journal of the European Communities                             20. 12. 76
                       Article 8                                                      SECTION III
                                                                                  General provisions
The Member States shall take all appropriate measures
to ensure that when additional shares are drawn
pursuant to Article 4 it is possible for imports to be
                                                                                        Article 11
counted without interruption against their accumu­
lated shares of the Community tariff quotas.                  1 . Every Member State shall take all measures
                                                              necessary to ensure that importers of the products in
                                                              question established in their territory have free access
                                                              to the shares allocated to it.
                      SECTION II
                                                              2. The extent to which a Member State has used up
                                                              its shares shall be determined on the basis of the
    Provisions applicable to the new Member States
                                                              importations of the products in question entered with
                                                              the customs authorities for home use .
                       Article 9                                                       Article 12
Within the tariff quota referred to in Article 1 , the        On receipt of a request from the Commission, Mem­
new Member States shall apply duties calculated in            ber States shall notify it of imports of products re­
accordance with the relevant provisions of the Act of         fined in the Arab Republic of Egypt actually charged
Accession, the Agreement and the Protocol.                    against their quota shares.
                       Article 10
                                                                                       Article 13
                                                              Member States and the Commission shall collaborate
Under the quota, 160 000 metric tons shall be allo­           closely in order to ensure that this Regulation is
cated among the new Member States as follows :                respected.
       Denmark                5 000 metric tons,                                        Article 14
       Ireland                5 000 metric tons,
                                                              This Regulation shall enter into force on 1 January
       United Kingdom       150 000 metric tons.              1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 December 1976.
                                                                                For the Council
                                                                                 The President
                                                                               P. J. J. MERTENS