CELEX: 31972R2832
Language: en
Date: 1972-12-28 00:00:00
Title: Regulation (EEC) No 2832/72 of the Council of 28 December 1972 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 Turkey

62                          Official Journal of the European Communities
31.12.72                    Official Journal of the European Communities                  No L 298/35
                     REGULATION (EEC) No 2832/72 OF THE COUNCIL
                                         of 28 December 1972
            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 Turkey
THE COUNCIL OF THE EUROPEAN COA4MUNI­                 basis of the economic prospects for the quota
TIES ,                                                period considered;
                                                      Whereas despite the limited demand for imports
Having regard to the Treaty establishing the          from Turkey of the products considered, as
European Economic Community, and in                   shown by statistical data, in respect of the
particular Article 113 thereof;                       majority of Member States, the Community
Having regard to the proposal from the                character of the tariff quota in question should
Commission;                                           be safeguarded by , providing for the require­
Whereas under the sole Article of Annex No 1.         ments to be covered which might arise in those
                                                      Member States .
of the Additional Protocol laying down the
conditions ,   procedures   and   timetables  for     Whereas     as   far  as  the    abovementioned
implementing the transitional stage pursuant          petroleum products are concerned, imports
to Article 4 of the Agreement establishing an         into the Community from Turkey during the
association between the European Economic             last three years for which statistical data are
Community and Turkey, the Community must              completely available were zero; except for Italy
totally suspend the Common Customs Tariff             which imported a total of 48 759 metric tons in
duties applicable to certain petroleum products       1968 , 43 652 metric tons in 1969 and 15 750
in chapter 27, refined in Turkey, within the          metric tons in 1970 and the Federal Republic of
limit of a Community tariff quota of an overall       Germany which imported 43 820 metric tons in
annual volume of 200 000 metric tons ; whereas        1971 and the Benelux countries which imported
the abovementioned Additional Protocol enters         1299 metric tons in 1968 ; whereas this informa­
into force on 1 January 1973 and whereas the          tion indicates that imports of these products
community tariff quota referred to above              are very irregular and that the calculation of
should therefore be opened for 1973 ;                 the percentages which they represent in relation
                                                      to the total imports into the Community of the
Whereas equal and direct access to the said           same products from Turkey would not therefore
quota by all importers in the Community and           be significant; whereas the calculation of the
the uninterrupted application of the rate laid        imports from Member States in question for
down for the said quotas to all imports of the        the quota period considered proves difficult as a
products in question into all Member States           result of the irregularity noted in imports
should be guaranteed until the quotas are             during the foregoing years; whereas the fore­
exhausted; whereas utilisation of this quota,         seeable import figures put forward by the Mem­
based on allocation between Member States ,           ber States for the quota period concerned leads
would appear to safeguard the Community               to the quota considered being allocated ac­
character of the said quota as regards the            cording to the percentages indicated hereafter:
principles described above; whereas in order
to ensure that such allocation takes as much                       Germany           40-0%
account as possible of the actual development                      Benelux           29-0%
of the market of the products concerned, the                      France             13*5%
allocation of shares should be in direct propor­                  Italy              17-5%
tion to the needs of Member States , calculated
on the one hand , on the basis of statistics          Whereas to take into account the uncertainty in
relating to imports from Turkey during a given        the development of imports of the said products
representative period and, on the other, on the       into Member States, the quota volume should
 ---pagebreak---                                Official Journal of the European Communities                                   63
be divided intc two portions, the first portion                 Community quotas remaining unused in one
being allocated between the Member States,                      Member State when it could be used in others;
and the second portion forming a reserve                        Whereas it does not seem possible for the
intended to meet subsequently the needs of the                  moment, taking into account the differences
Member State;; which have exhausted their
                                                                still existing in the national provisions gov­
original share c-f the quota; whereas in order to               erning the market of the products in question,
ensure some security to importers in each                       to lay down a single method of administration;
Member State, the first portion of the Com­
munity quota should be fixed at a relatively                    Whereas since the Kingdom of Belgium, the
high level which, under the circumstances,                      Kingdom of the Netherlands and the Grand
might amount to approximately 70% of the                        Duchy of Luxembourg are united in and
quota volume;                                                   represented by the Benelux Economic Union,
                                                                all transactions concerning the administration
Whereas the initial quota shares of those                       of shares granted to the abovementioned
Member States may be used up at different                       Economic Union may be carried out by any one
times ; whereas , in order to take this fact into               of its members ;
account and avoid any break in continuity, it                  Whereas since the tariff quota concerned is
is important that any Member State having                       valid until 31 December 1973 any alterations to
used up almost the whole of its initial quota                   the scheme provided for might be carried out
share should draw an additional quota share                     to take into account the accession of new
from the reserve; whereas this must be done
                                                                Member States ;
by each Member State as and when each of its
additional quota shares is almost entirely used
up, and repeated as many times as the reserve
allows; whereas, the initial and additional quota               HAS ADOPTED THIS REGULATION:
shares must be available for use until the end of
the quota period; whereas such method of                                               Article 1
administration calls for close cooperation be­
tween Member States and the Commission,
which must, ir particular, be able to observe                  As from 1 January 1973 and until 31 December
the extent to which the quota amounts are                       1973, and subject to the measures which might
used and inform Member States thereof;                          be taken pursuant to the sole Article (2 and 4)
                                                                of Annex No 1 of the Additional Protocol
Whereas if, at a specified date in the quota                    between the European Economic Community
period, a considerable balance of one of the                    and Turkey, the common customs tariff duties
initial shares remains in one or other Adember                 for the products refined in Turkey, a list of
State it is essential that that Member State pays               which follows, shall be totally suspended within
a certain percentage of it back into the reserve,               the framework of an overall Community tariff
in order to avoid a part of one or other of the                 quota of 200 000 metric tons:
                 C CT
              heading No                                   Description of goods
                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. Intended for other purposes
                           B. Medium oils:
                              III. Intended for other purposes
                           C. Heavy oils:
                                I. Gas oil:
                                   (c) Intended for other purposes
 ---pagebreak--- 64                                    Official Journal of the European Communities
                   CCT
               heading No                                               Description of goods
                  27.10               II . Fuel oil :
                (cont 'd)                  (c) Intended for other purposes
                                     III. Lubricating and other oils:
                                           (c) Intended to be mixed in accordance with the terms of Additional
                                               Note 7 to this Chapter ( a)
                                           (d) Intended for other purposes
                  27.11          Petroleum gases and other gaseous hydrocarbons:
                                 B. Other :
                                       I. Commercial propane and commercial butane:
                                           (c) Intended for other purposes
                  27.12          Petroleum jelly:
                                 A. Crude :
                                     III. Intended for other purposes
                                 B. Other
                  27.13          Paraffin • wax, micro-crystalline wax, slack wax, ozo kerite, lignite wax, peat
                                 wax and other mineral waxes, whether or not coloured:
                                 B. Other:
                                       I.  Crude :
                                           (c) Intended 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) Inclusion in this subheading is subject to the conditions to be laid down by the competent authorities.
                           Article 2                                          2.       The second instalment, amounting to
                                                                              60 000 metric tons, shall make up the reserve.
1.    A first instalment, amounting to 140 000
metric tons of this Community tariff quota
shall be shared among the Member States; the                                                             Article 3
proportions which, subject to Article 5, shall
be valid for each of the Member States from
1 January to 31 December 1973 shall consist of                                1.      If 90% or more of one of the initial shares
the following amounts :                                                       of a Member State, as laid down in Article 2 ( 1),
                                                                              or 90% of that share less the amount returned
        Germany               56 000 metric tons
        Benelux               40 600 metric tons
                                                                              into the reserve, where the provisions of
                                                                              Article 6 have been applied, has been exhausted,
        France                18 900 metric tons                              that Member State concerned shall proceed
        Italy                 24 500 metric tons .                            without delay, by notifying the Commission to
 ---pagebreak---                                   Official Journal of the European Communities                              65
draw a second share equal to 20% of its initial                                   Article 6
share, where appropriate rounded up to the
next figure, to the extent that the amount in               The Commission shall keep account of the
the reserve allows.                                         initial share opened by Member States in
                                                            accordance with Articles 2 and 3 and shall
2.      If, after its initial share has been exhausted,     inform each of them of the extent to which
90% or more of the second drawn by a Member                 the reserves have been used as soon as it receives
State has been used, that Member State shall                the notifications .
proceed without delay, by notifying the Com­
mission, to draw a third share equal to 10%                 The Commission shall , not later than
of its initial share, where appropriate rounded             15 October 1973 , notify Member States of the
up to the nex : figure, to the extent that the              state of the reserve after the return of quota
amount in the reserve allows .                              shares pursuant to Article 5 .
3.      If, after its second share has been ex­             The Commission shall ensure that any drawing
hausted, 90% or more of the third share                     which uses up the reserve is limited to the
drawn by a Member State has been used, that                 balance available and, for this purpose shall
Member State shall proceed, pursuant to the                 specify the amount thereof to the Member
provisions of paragraph 2, to draw a fourth                 State which makes the final drawing.
share equal to the third .
                                                                                 Article 7
That process s.iall be applied by analogy until
the reserve is exhausted .
                                                            1.     The Member States shall take all measures
4.      Notwithstanding the provisions of para­             necessary to ensure that when additional quotas
graphs 1 , 2 and 3 , Member States may proceed              are drawn pursuant to Article 3 , it is possible
to draw shares smaller than those fixed in                  for charges to be made without interruption
those paragraphs if there is reason to believe              against the accumulated shares of the Com­
that those shares might not be used up. They                munity tariff quota .
shall " inform tie Commission of the reasons                2.     The Member States shall take all measures
which led them to apply this paragraph.                     necessary to guarantee free access to the quotas
                                                            allocated to them by all importers established on
                                                            their territory.
                                                            3.     The extent to which the quota shares of
                          Article 4                         the Member States have been used up shall be
                                                            recorded on the basis of the imports of the
                                                            products concerned under cover of declarations
The additional shares drawn pursuant to                     that they have been entered into consumption.
Article 3 shall be valid until 31 December 1973 .
                                                                                 Article 8
                          Article 5                         Member States shall inform the Commission of
                                                            imports of the products in question actually
                                                            charged against their quota shares.
If, on 15 September 1973 a Member State has
not used up its initial quota share, it shall, not
later than 10 October 1973, return to the reserve                                Article 9
the unused portion of its share in excess of
20% of the initial amount. It may return a                  The Member States and the Commission shall
larger quantity if there are reasons to consider            cooperate closely to see that the provisions of
that such quantity might not be used.                       the preceding Articles are observed.
The Member States shall, not later than
10 October 19/ 3, notify the Commission of the                                  Article 10
total imports of the products concerned effected
up to 15 September 1973 inclusive, and charged              Any alterations to the preceding provisions
against the Community quota and, where                      may be made to take into account the situation
appropriate, the proportion of their original               resulting from the accession of new Member
quota share that is being returned to the reserve.          States .
 ---pagebreak--- 66                 Official Journal of the European Communities
                                      Article 11
   This Regulation shall enter into force on 1 January 1973 .
   This Regulation shall be binding in its entirety and directly applicable in all .
   Member States .
   Done at Brussels, 28 December 1972.
                                                           For the Council
                                                            The President
                                                           T. WESTERTERP