CELEX: 31975R3155
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3155/75 of the Council of 24 November 1975 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 (1976)

No L 317/58                        Official Journal of the European Communities                                 8 . 12. 75
                             REGULATION (EEC) No 3155/75 OF THE COUNCIL
                                                of 24 November 1975
              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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        States calculated from both statistics of imports from
                                                                 Spain during a representative period and the
                                                                 economic outlook for the tariff period in question ;
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular Article               Whereas, during the last three years for which
113 thereof ;
                                                                 statistics are available, the corresponding imports by
                                                                 each of the Member States represent the following
                                                                 percentages of the imports into the Community from
Having regard to the proposal from the Commission ;              Spain of the products concerned :
                   *
Whereas the Agreement between the European                                                     1972     1973        1974
Economic Community and Spain, signed at Luxem­
bourg on 29 June 1970, provides in Article 2 ( 1 )
together with Article 3 of Annex I for the opening               Germany                      34-60     49-0       56-0
by the Community of an annual total Community                    Benelux                       9-10     15-3       27-2
tariff quota of 1 200 000 metric tons of certain
                                                                 France                        8-40     11-2        11-1
petroleum products, falling within Chapter 27 of the
Common Customs Tariff, refined in Spain ; whereas,               Italy                        47-90     24-5         5-7
pursuant to Article 2 of the said Annex, the quota
duty is equal to 40% of the Common Customs Tariff
duties effectively applied in this year in respect of
the product concerned ;
                                                                 Whereas, in view of these factors, of the foreseeable
                                                                 development of the market for the products in
Whereas the Community tariff quota in question                   question and in particular of the estimates submitted
should be opened for the year 1976 ; whereas, how­               by certain Member States, initial quota shares may be
ever, because of the possibility of implementing after           fixed approximately at the following percentages :
preferential arrangements as a result of a new Agree­
ment between the European Economic Community                              Germany                              39
and Spain, it is necessary to limit the quota period
to the date the new Agreement enters into force ;                         Benelux                              17
                                                                          France                               11
Whereas it is in particular necessary to ensure to all                    Italy                                33
Community importers equal and uninterrupted access
to the abovementioned quota and uninterrupted ap­
plication of the rate laid down for that quota to all            Whereas to take account of future import trends in
imports of the product concerned into all Member                 the various Member States of the product under
States until the quota has been used up ; whereas,               consideration, the total quota volume should be
having regard to the principles mentioned above, the             divided into two instalments, the first being shared
Community nature of the quota can be respected by                between Germany and the Benelux and the second
allocating the Community tariff quota among the                  held as a reserve to cover at a later date the require­
Member States ; whereas, to represent as closely                 ments of those Member States, having used up their
possible the actual development of the market in the             initial share ; whereas to give Member State importers
products in question, the allocation should follow               some certainty, the first instalment of the Community
proportionately the requirement of the Member                    quota might be fixed at 80% of the quota volume;
 ---pagebreak--- 8 . 12. 75                                Official Journal of the European Communities                                            No L 317/59
Whereas the initial shares of Member States may be                             bourg are united in and represented by the Benelux
used up more or less quickly ; whereas, therefore, to                          Economic Union, any measure concerning the
avoid disruption of supplies any Member State which                         ' administration of the quota shares allocated to that
has almost used up its initial share, must draw a                              economic union may be carried out by any of its
supplementary share from the reserve ; whereas this                            members,
must be done by each Member State as each one of
its supplementary shares is almost used up, and as
many times as the reserve allows ; whereas the initial
and supplementary shares must be valid until the end
of the quota period; whereas this form of adminis­                             HAS ADOPTED THIS REGULATION :
tration requires close collaboration between the
Member States and the Commission, and the Com­
mission 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
                                                                               From 1 January 1976 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 1976, 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 while 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
                                                                               indicated for each of them, within the limits of a
Whereas, since the Kingdom of Belgium, the Kingdom                             global Community tariff quota of 1 200 000 metric
of the Netherlands and the Grand Duchy of Luxem­                               tons :
                    CCT                                                                                              Rate of duty
                heading No                                           Description                                         <%)
                   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
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
 ---pagebreak---  No L 317/60                            Official Journal of the European Communities                                   8 . 12. 75
                   CCT                                                                                  Rate of duty
                heading No                                  Description                                      (%)
                  27.11          Petroleum gases and other gaseous hydrocarbons :
                                 B. Other :
                                       I. Commercial propane and commercial butane :
                                           c) For other purposes                                            0-6
                  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                                    State shall without delay, by notifying the Com­
                                                                      mission, draw a second share equal to 15% of its
1 . A first instalment, amounting to 1 000 000 metric                 initial share, rounded up where necessary to the next
tons of the Community tariff quota referred to in                     unit, to the extent permitted by the amount of the
Article 1 , shall be allocated among the Member                       reserve .
States ; the respective shares, which subject to
Article 5 shall be valid until the end of the period                  2. If, after its initial share has been used up, 90% or
stipulated in Article 1 , shall consist of the following              more of the second share drawn by a Member State
amounts :                                                             has been used up, that Member State shall, by
                                                                      notifying the Commission, draw a third share equal
        Germany                390 000 metric tons,                   to 7-5% of its initial share, rounded up to the next
        Benelux                170 000 metric tons,                   unit where necessary, to the extent permitted by the
                                                                      amount of the reserve .
        France                 110 000 metric tons ,
        Italy                  330 000 metric tons .                  3 . If, after its second share has been used up, 90%
                                                                      or more of the third share drawn by a Member State
2 . The second instalment of 200 000 metric tons                      has been used, that Member State shall in accordance
shall constitute the reserve .                                        with the same conditions, draw a fourth share equal
                                                                      to the third .
                         Article 3                                    This process shall be applied until the reserve is
                                                                      exhausted .
1 . If 90% or more of one of a Member State's initial
share as specified in Article 2 ( 1 ), or of that share               4. Notwithstanding the provisions of paragraphs 1 ,
minus the portion returned to the reserve where                       2 and 3 , a Member State may proceed to draw shares
Article 5 is applied, has been used up, that Member                   smaller than those fixed in those paragraphs, if there
 ---pagebreak---  8 . 12 . 75                        Official Journal of the European Communities                           No L 317/61
is reason to believe that those shares might not be            available and for this purpose shall specify the
used up . They shall inform the Commission of the              amount thereof to the Member State which makes
reasons which led them to apply this paragraph.                the last drawing.
                          Article 4                                                    Article 7
Each of the additional shares drawn pursuant to                1 . The Member States shall take all appropriate
Article 3 shall be valid until the end of the period           measures to ensure that, when additional shares are
stipulated in Article 1 .                                      drawn pursuant to Article 3 , it is possible for charges
                                                               to be made without interruption against their
                          Article 5                            accumulated shares of the Community quota.
The Member States shall return to the reserve, not             2. The Member States shall ensure that importers
later than 1 October 1976, the unused portion of               of the said goods established in their territory have
their initial share which, on 15 September 1976, is in         free access to the shares allocated to them .
excess of 20% of their initial amount. They may
return a greater portion if there are grounds for              3 . The Member States shall charge imports of the
believing that such portion may not be used in full .          said goods against their shares as and when the goods
                                                               are entered for home use .
The Member States shall, not later than 1 October
1976, notify the Commission of the total quantities of
the said goods imported up to and including                                            Article 8
15 September 1976, and charged against the appro­
priate Community tariff quota and any quantities of
the initial share returned to the reserve .                    On receipt of a request from the Commission,
                                                               Member States shall inform it of imports actually
                                                               charged against their shares.
                          Article 6
                                                                                       Article 9
The Commission shall keep account of the shares
opened by Member States in accordance with
Articles 2 and 3 and shall inform each of them of the          The Member States         and the Commission        shall
extent to which the reserve has been used as soon as           cooperate closely in order to ensure that this
it receives the notifications .                                Regulation is observed.
The Commission shall, not later than 5 October 1976,
notify Member States of the amount in the reserve                                     Article 10
after the return of shares pursuant to Article 5 .
The Commission shall ensure that any drawing                   This    Regulation    shall    enter   into   force   on
which uses up the reserve is limited to the balance            1 January 1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 November 1975 .
                                                                                       For the 'Council
                                                                                         The President
                                                                                         B. VISENTINI