31973R2777

12. 10. 73 Official Journal of the European Communities No L 285/43

REGULATION (EEC) No 2777/73 OF THE COUNCIL of 11 October 1973

on the opening, allocation and 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

THE COUNCIL OF THE EUROPEAN should be applied consistently to all imports of COMMUNITIES, the products in question until the quota is used up ; Having- regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Article 113 thereof ; — in the light of the principles set out above, the Having regard to the proposal from the Commis­ Community nature of the quota may best be sion ; preserved by an arrangement allocating it among those Member States ; whereas in order to Whereas the Agreement between the European reflect most accurately the actual development Economic Community and the Arab Republic of of the market in the products in question, such Egypt ( 1), hereinafter called 'the Agreement', and the allocation should be proportionate to the require­ ments of the Member States, calculated both Protocol laying down certain provisions concerning from the statistics of each Member State's the Agreement between the European Economic Community and the Arab Republic of Egypt in imports from the Arab Republic of Egypt over a consequence of the Accession of new Member States representative reference period and from the to the European Economic Community (2), here­ economic outlook for the quota period in inafter called 'the Protocol', provides for the opening question ; of an annual Community tariff quota of 360 000 metric tons for certain petroleum products falling within Chapter 27 of the Common Customs Tariff — however, in view of the fact that over the past refined in the Arab Republic of Egypt ; whereas three years none of the products in question under the Protocol the tariff quota should be allo­ refined in the Arab Republic of Egypt has been cated among the Member States as follows : imported and that no forecast for 1973 can be 200 000 metric tons for the Member States of the made, an initial share percentage of approxi­ Community as originally constituted, 5 000 metric mately 25 °/o allocated to each of the Member tons for Denmark, 5 000 metric tons for Ireland and States concerned would ensure a fair distribu­ 150 000 metric tons for the United Kingdom ; tion among them ; whereas Annex I to the Agreement provides that the duties applicable to the quota shall be equal to 55 °/o of the duties of the Common Customs — in order to take account of import trends for the Tariff ; whereas as regards the duties to be products in question in the Member States applied to the quota by the new Member States, the concerned, the quota amount should be divided special provisions of the Protocol and of the Act of into two tranches, the first tranche being allo­ Accession ( 8 ) should be observed ; whereas a cated among the same Member States , the Community tariff quota of 360 000 metric tons second tranche constituting a reserve intended to should therefore be opened for those products ; cover the later requirements of those Member whereas to comply with the special provisions of States which have used up their initial quota the Protocol, separate arrangements should be made shares ; whereas in order to ensure a certain for the Member States of the Community as origi­ degree of security to importers in each of those nally constituted on the one hand and for the new Member States the first tranche of the quota Member States on the other ; should be fixed in this case at approximately 70 °/o ; Whereas as regards in particular the Member States of the Community as originally constituted :

— equal and continuous access to the quota should — the initial quota shares may be used up at be ensured for all importers and quota duties different rates ; whereas , therefore , to avoid disruption of supplies , any Member State which has almost used up its initial quota share must (!) OJ No L 251 , 7. 9. 1973 , p . 2 . draw an additional quota share from the (2) OJ No L 251 , 7. 9 . 1973 , p . 87. (s) OJ No L 73 , 27. 3 . 1972, p . 14 . reserve ; whereas this must be done by each

No L 285 /44 Official Journal of the European Communities 12 . 10 . 73

Member State as each one of its additional v administration of the quota shares allocated to quota shares is almost used up, and as many that economic union may be carried out by one times as the reserve allows ; whereas the initial of its members ; and additional quota shares must be valid until the end of the quota period ; whereas this form Whereas, as regards in particular the new Member of administration requires close collaboration States : between the Member States concerned and the Commission, and the Commission must be in a — the quota duties are to be calculated by the new position to follow the extent to which the quota Member States primarily in accordance with volume has been used up and inform the Articles 3 and 4 of the Protocol ; Member States thereof ; — equal and continuous access to the quota should be ensured for all importers and quota duties should be applied consistently to all imports of — if, at a given date in the quota period, a consider­ the products in question until the quota is used able quantity of the initial quota share is left up , over in a Member State, it is essential that that State should return a significant proportion to the reserve, to prevent a part of the quota allo­ HAS ADOPTED THIS REGULATION : cated to the Member States of the Community as originally constituted from remaining unused Article 1 in one Member State while it could be used in others ; Subject to any measures which may be taken in application of Article 3 (2) and (4) of Annex I to the Agreement, a Community tariff quota of — since the Kingdom of Belgium, the Kingdom of 360 000 metric tons is opened for the period 1 the Netherlands and the Grand Duchy of Luxem­ November to 31 December 1973 in respect of the bourg are jointly represented by the Benelux products listed below refined in the Arab Republic Economic Union , any measure concerning the of Egypt :

CCT 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 °/o 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

B. Medium oils : III . For other purposes

C. Heavy oils :

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 this Chapter d ) For other purposes

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CCT heading No Description of goods

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 II. Other

The quota shall be allocated and administered in accordance with the following pro­ visions .

Provisions applicable to the Member States of the Article 3 Community as originally constituted 1 . A first tranche of 135 000 metric tons of the amount mentioned in Article 2 is allocated among Article 2 those Member States ; the shares which, subject to The Common Customs Tariff duties are partially Article 6 , are valid until 31 December 1973 are as suspended at the rates indicated below in respect of follows : 200 000 metric tons of the quota referred to in Germany 35 000 metric tons , Article 1 : Benelux 30 000 metric tons, France 35 000 metric tons, CCT heading No Rate of duty ( %) Italy 35 000 metric tons .

27.10 A III 3-3 2. The second tranche, amounting to 65 000 27.10 B III 3-3 metric tons , constitutes the reserve . 27.10 C I c) 1-9 27.10 C II c) 1-9 Article 4 27.10 C III c) 2-2 3-3 1 . If 90 % or more of a Member State 's initial 27.10 C III d ) 27.11 B I c) 0-8 quota share as specified in Article 3 ( 1 ), or of that 27.12 A III M share minus the portion returned to the reserve 27.12 B 3-8 where Article 6 is applied, has been used up, that 27.13 B I c ) M Member State shall without delay, by notifying the 27.13 B II 3-3 Commission , draw a second quota share , to the 27.14 C II 11 extent that the reserve is sufficient, equal to 15 % of its initial quota share, rounded up where neces­ sary to the next unit.

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2. If, after its initial quota share has been used It shall ensure that the drawing which uses up the up, 90 % or more of the second quota share drawn reserve is limited to the balance available and to by a Member State has been used up, that Member this end shall specify the amount thereof to the State shall without delay, by notifying the Commis­ Member State making the last drawing. sion, draw a third quota share, to the extent that the reserve is sufficient, equal to 7-5 °/o of its initial quota share, rounded up where necessary to the Article 8 next unit. Member States shall take all necessary measures to 3 . If, after its second quota share has been used ensure that the additional shares taken up under up, 90 °/o or more of the third quota share drawn Article 4 are so drawn as to allow for uninterrupted by a Member State has also been used up, that charges against their accumulated shares of the Member State shall, in accordance with paragraph Community quota. 2, draw a fourth quota share equal to the third.

This process is continued until the reserve is used Provisions applicable to the Member States up .

- 4. Notwithstanding paragraphs 1 to 3 , a Member Article 9 State may draw quota shares lower than those fixed in those paragraphs if there are grounds for believing that those fixed may not be used up. It A quantity of 160 000 metric tons of the quota shall inform the Commission of its reasons for referred to in Article 1 is allocated among the new Member States as follows : applying this paragraph.

Denmark 5 000 metric tons, Article 5 Ireland 5 000 metric tons, United Kingdom 150 000 metric tons. Additional quota shares drawn pursuant to Article 4 shall be valid until 31 December 1973 .

Article 10 Article 6 The new Member States shall apply quota duties A Member State which on 1 December 1973 has which conform with the relevant provisions of the Agreement, the Protocol and the Act of Accession. not used up its initial quota share shall return to the reserve not later than 10 December 1973 the unused portion exceeding 20 °/o of the initial Provisions applicable to all Member States amount. It may return a greater portion if there are grounds for believing that it may not be used up . Article 1 1

Member States shall , not later than 10 December 1 . Member States shall ensure that the quota 1973 , notify to the Commission the total quantities shares allocated to them are freely accessible to of the products in question imported up to and importers of the products in question established in including 1 December 1973 and charged against the their territory. Community tariff quota and any quantities returned to the reserve . 2 . The extent to which the Member State 's shares have been used up shall be ascertained from the imports of the products concerned presented for Article 7 customs clearance under declarations of entry for consumption . The Commission shall keep an account of the quota shares opened by the Member States pursuant to Articles 3 and 4 and shall , as soon as information Article 12 reaches it, inform each State of the extent to which the reserve has been used up . Member States shall regularly inform the Commis­ It shall , not later than 15 December 1973 , inform sion of imports of products refined in the Arab Re­ the Member States of the amount still in reserve public of Egypt actually charged against their quota after returns have been made pursuant to Article 6 . shares .

12. 10. 73 Official Journal of the European Communities No L 285/47

' Article 13 Article 14 Member States and the Commission shall colla­ borate closely in order to ensure that this Regula- This Regulation shall enter into force on 1 tion is observed. November 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Bnussells, 11 October 1973 .

For the Council

The President

I. N0RGAARD