CELEX: 31976R3053
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3053/76 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 Turkey (1977)

20. 12. 76                           Official Journal of the European Communities                            No L 350/ 101
                                     COUNCIL REGULATION (EEC) No 3053/76
                                                  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 Turkey ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         the rate laid down for the said quotas to all imports
                                                                 of the products in question into all Member States
                                                                 should be guaranteed until the quotas are exhausted ;
Having regard to the Treaty establishing the Euro­               whereas utilization of this quota, based on allocation
pean Economic Community, and in particular Article               between Member States, would appear to safeguard
113 thereof,                                                     the Community character of the said quota as regards
                                                                 the principles described above ; whereas in order to
                                                                 ensure that such allocation takes as much account
Having regard to the proposal from the Commission,               as possible of the actual development of the market
                                                                 of the products concerned, the allocation of shares
                                                                 should be in direct proportion to ohe needs of
Whereas, pending the entry into force of the Sup­                Member States, calculated, on the one hand, on the
plementary Protocol signed in Ankara on 30 June                  basis of statistics relating to imports from Turkey
1973 containing the adjustments to be made to the                during a given representative period and, on the
Agreement establishing an association between the                other, on the basis of the economic prospects for
European Economic Community and Turkey and to                    the quota period considered ;
the Additional Protocol ( 1 ) consequent on the acces­
sion of new Member States, the Community has
undertaken, in an Interim Agreement (2) which runs               Whereas, during the last three years for which
only for the period prior to the entry into force of             complete statistics are available, imports of these
this Supplementary Protocol , which is applicable until          products from Turkey into the various Member States
31 December 1974 but which has been extended for                 were as follows :
1977 in accordance With the terms laid down in
                                                                                                               (in metric tons
Article 13 thereof, to implement certain provisions of
the Supplementary Protocol relating to trade in                                               197 ?      197 4       1975
goods ; whereas under Article 6 of the Interim Agree­
ment amending the first paragraph of the Sole Article            Benelux                       —
                                                                                                        15 000      50 000
of Annex 1 to the Additional Protocol , the Com­                 Denmark                     12 000                 20 026
munity must totally suspend the customs duties ap­
                                                                                                          __
plicable to certain petroleum products falling within            Germany                    300 000    46 534       35 000
Chapter 27 of the Common Customs Tariff, refined                 France                        —          —           —
in Turkey, within the limit of an annual Community
tariff quota of 340 000 metric tons ; whereas pursuant           Ireland                       —          —           —
to Article 2 of the abovementioned Interim Agree­
                                                                 Italy                      134 035     12 252      19 409
ment, the new Member States must apply zero duties
to the products concerned ; whereas, furthermore,                United Kingdom              40 000     17 000      24 729
provision must be made for the provisional adjust­
ment of the volume of the aforementioned tariff for
these products, increasing it to 391 000 metric tons
for 1977;                                                        whereas this information indicates that imports of
                                                                 these products are very irregular and that the calcula­
                                                                 tion of the percentages which they represent in rela­
Whereas equal and direct access to the said quota                tion to the total imports into the Community of the
by all importers and the uninterrupted application of            same products from Turkey would not therefore be
                                                                 significant ; whereas the calculation of the imports
                                                                 from Member States in question for the quota period
(») OJ No L 293, 29. 12. 1972, p. 4.                             considered proves difficult as a result of the irregular­
(«) OJ No L 277, 3. 10. 1973, p. 2.                              ity noted in imports during the foregoing years ;
 ---pagebreak---  No L 350/102                         Official Journal of the European Communities                                 20. 12.76
 whereas the foreseable import figures put forward                   the extent to which the quota amounts are used and
 by the Member States for the quota period concerned                 inform Member States thereof;
 leads to che quota considered being allocated accord­
 ing to the percentages indicated hereinafter:
                                                                     Whereas if, at a specified date in the quota period,
         Benelux                                16-55               a considerable balance of one of the initial shares
         Denmark                                 4-14               remains in one or other Member State, it is essential
         Germany                                42-07               that that Member State pay a certain percentage of
                                                 8-28
                                                                    it back into the reserve, in order to avoid a part of
         France
                                                                    the Community quota remaining unused in one
         Ireland                                 4-14                Member State when it could be used in others ;
         Italy                                  12-41
         United Kingdom                         12-41
                                                                    Whereas it does not seem possible for the moment,
                                                                    taking into account the differences still existing in the
 Whereas to take into account the uncertainty in the                national provisions governing the market of the
development of imports of the said products into                    products in question, to lay down a single method
Member States, the quota amount should be divided                   of administration ;
into two instalments, the first instalment being
allocated between the Member States and the second
forming a reserve intended to meet subsequently the                 Whereas, since the Kingdom of Belgium, the Kingdom
needs of the Member States which have exhausted                     of the Netherlands and the Grand Duchy of Luxem­
their original share of the quota ; whereas in order                bourg are united in and represented by the Benelux
to ensure some security to importers in each Member                 Economic Union, any measure concerning the
State, the first instalment of the Community quota                  administration of the quota shares allocated to chat
should be fixed at a relatively high level which, under             economic union may fee carried out by any of its
the circumstances, might amount to approximately                    members,
75% of the quota volume ;
Whereas the initial quota shares of those Member                    HAS ADOPTED THIS REGULATION :
States may be used up at different times ; whereas,
in order to take this fact into account and avoid any
break in continuity, it is important that any Member
State having used up almost the whole of its initial                                        Article 1
quota share should draw an additional quota share
from the reserve; whereas this must be done by each
Member State as and when each of its additional                     1 . Subject to any measures taken under para­
quota shares is almost entirely used up, and repeated               graphs 2 and 4 of the single article of Annex 1 to the
as many times as che . reserve allows ; whereas the                 Additional Protocol between the European Economic
initial and additional quota shares must be available               Community and Turkey, a Community tariff quota
for use until the end of the quota period, whereas                  of 391 000 -metric tons shall be opened from
such    method   of    administration     calls   for  close        1 January until 31 December 1977 for the following
cooperation between Member States and the Com­                      petroleum products, refined in Turkey and falling
mission, which must, in particular, be able to observe              within Chapter 27 of the Common Customs Tariff:
                    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 mine­
                                  rals, these oils being the basic constituents of the preparations :
                                  A. Light oils :
                                      III. For other purposes
                                  B. Medium oils :
                                      III. For other purposes
 ---pagebreak--- 20. 12. 76                                Official Journal of the European Communities                                        No L 350/103
                                                                                *
                       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.
2. Within the Community tariff quota, Common                                   2. A first instalment, amounting to 290 000 metric
Customs Tariff duties shall be totally suspended.                              tons, shall be shared among the Member States ; the
                                                                               shares which, subject to Article 5 shall be valid until
 Within the limits of the quota, the new Member                                31 December 1977, shall consist of the following
                                                                               amounts :.
 States shall also exempt the petroleum products
 concerned from duty.                                                                    Benelux                   48 000 metric tons,
                                                                                         Denmark                   12 000 metric tons,
                                                                                         Germany                  122 000 metric tons,
                           Article 2                                                     France                    24 000 metric tons,
                                                                                         Ireland                   12 000 metric tons,
 1 . The tariff quota referred to Article 1 (1 ) shall be                                Italy                     36 000 metric tons,
 divided into two instalments.                                                           United Kingdom            36 000 metric tons.
 ---pagebreak---   No L 350/ 104                         Official Journal of the European Communities                              20. 12. 76
  3 . The second instalment of 101 000 metric tons                 of their original quota share that is being returned
  shall constitute the reserve.                                    to the reserve.
                           Article 3                                                        Article 6
  1 . If 90% or more of one of the initial shares of
  a Member State, as laid down in Article 2 (2), or                The Commission shall keep account of the initial
  90% of that share less the amount returned into the              share opened by Member States in accordance with
                                                                   Articles 2 and 3 and shall inform each of them of
  reserve, where the provisions of Article 5 have been             the extent to which the reserves have been used as
  applied, has been exhausted, chat Member State                   soon as it receives the notifications .
  concerned shall proceed without delay, by notifying
  the Commission to draw a second share equal to
  10% of its initial share, where appropriate rounded              The Commission shall, not later than 5 October 1977,
  up to the next figure, to the Extent that the amount             notify Member States of the state of the reserve
  in the reserve allows.                                           after the return of quota shares pursuant to Article 5.
  2. If, after its initial share has 'been exhausted, 90%          The Commission shall ensure that any drawing which
  or more of the second share drawn by a Member                    uses up the reserve is limited to the balance available
  State has been used, chat Member State shall proceed,            and, for this purpose shall specify the amount thereof
  under the conditions laid down in paragraph 1 , to               to the Member State which makes the final drawing.
  draw a third share equal to 5% of its initial share,
  where appropriate rounded up to the next figure.                                          Article 7
  3 . If, after its second share has been exhausted, 90%
   or more of the third share drawn by a Member                     1 . Member States shall take all appropriate measures
  State has been used, that Member State shall proceed,            to ensure that shares drawn pursuant to Article 3
  under the same conditions, to draw a fourth share                 are opened in such a way that importations may be
  equal to the third.                                              charged without interruption against their accumu­
                                                                    lated shares of the relevant Community quota.
  This procedure shall be followed until the reserve
  has been exhausted.                                               2. Member States shall take alii measures necessary
                                                                   to ensure that importers of the products in question
  4. Notwithstanding the provisions of paragraphs 1 ,               established in their territories have free access to the
  2 and 3 , Member States may proceed to draw shares                shares allocated to them.
   smaller than those fixed in those paragraphs if there
   is reason to believe that those shares might not be              3 . The extent to which a Member State has used
   used up. They shall inform the Commission of the                 up its quota shares shall be determined on the basis
   reasons which led them to apply this paragraph.                  of the importations of the products in question
                                                                    entered with the customs authorities for home use.
                            Article 4
                                                                                            Article 8
   Each of the additional shares drawn pursuant to
   Article 3 shall be valid until 31 December 1977.
                                                                    On receipt of a request from the Commission,
                                                                    Member States shall inform it of imports actually
                            Article S                               charged against their shares.
   The Member States shall return to the reserve, not                                       Article 9
   later than 1 October 1977, the unused portion of
   their initial share which, on 15 September 1977, is
   in excess of 20% of the initial amount. They may                 The Member States         and the      Commission   shall
. return a greater portion if there are grounds for                 cooperate closely to ensure that this Regulation is
   believing that such quantity may not be used in full.            observed.
   The Member States shall, not later than 1 October
                                                                                            Article 10
   1977, notify the Commission of the total imports of
   the products concerned effected up to and including
   15 September 1977 and charged against the Com­                   This    Regulation     shall   enter    into  force   on
   munity quota and, where appropriate, the proportion               1 January 1977.
 ---pagebreak--- 20. 12. 76                        Official Journal of the European Communities                    No L 350/105
             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