31972R2832

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 ments to be covered which might arise in those Whereas under the sole Article of Annex No 1. 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

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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 Whereas since the Kingdom of Belgium, the munity quota should be fixed at a relatively high level which, under the circumstances, Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and might amount to approximately 70% of the 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 HAS ADOPTED THIS REGULATION : allows; whereas, the initial and additional quota 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, As from 1 January 1973 and until 31 December which must, ir particular, be able to observe 1973 , and subject to the measures which might the extent to which the quota amounts are be taken pursuant to the sole Article (2 and 4) used and inform Member States thereof; 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

64 Official Journal of the European Communities

CCT Description of goods heading No

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 into the reserve, where the provisions of Benelux 40 600 metric tons 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

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 The Commission shall , not later than mission, to draw a third share equal to 10% 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 . The Commission shall ensure that any drawing 3 . If, after its second share has been ex­ which uses up the reserve is limited to the hausted, 90% or more of the third share balance available and, for this purpose shall drawn by a Member State has been used, that specify the amount thereof to the Member Member State shall proceed, pursuant to the State which makes the final drawing . provisions of paragraph 2, to draw a fourth 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 necessary to ensure that when additional quotas 4 . Notwithstanding the provisions of para­ 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 against the accumulated shares of the Com­ those paragraphs if there is reason to believe munity tariff quota . that those shares might not be used up . They 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 .

Article8¶

Member States shall inform the Commission of Article 5 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 Article 9 later than 10 October 1973, return to the reserve 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 .

66 Official Journal of the European Communities

Article11¶

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