31974R0353

20. 2. 74 Official Journal of the European Communities No L 48 / 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 353 /74 OF THE COUNCIL of 4 February 1974

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 (1974), refined in Turkey

THE COUNCIL OF THE EUROPEAN COMMUNITIES, ment, the new Member States must apply zero duties to the products concerned;

Whereas equal and direct access to the said quota by Having regard to the Treaty establishing the Euro­ all importers and the uninterrupted application of the pean Economic Community, and in particular Article rate laid down for the said quotas to all imports of 113 thereof; the products in question into all Member States should be guaranteed until the quotas are exhausted; whereas utilization of this quota, based on allocation between Member States, would appear to safeguard Having regard to the proposal from the Commission ; the Community character of the said quota as re­ gards the principles described above ; whereas in order to ensure that such allocation takes as much account as possible of the actual development of the Whereas, pending the entry into force of the Sup­ market of the products concerned, the allocation of plementary Protocol signed in Ankara on 30 June 1973 shares should be in direct proportion to the needs containing the adjustments to be made to the Agree­ of Member States, calculated, on the one hand, on ment establishing an Association between the Euro­ the basis of statistics relating to imports from Turkey pean Economic Community and Turkey and to the during a given representative period and, on the Additional Protocol (1) consequent on the Accession other, on the basis of the economic prospects for the of new Member States, the Community has under­ quota period considered ; taken, in an Interim Agreement (2) which runs only for the period prior to the entry into force of this Supplementary Protocol but which, in any case, may Whereas, during the past three years for which com­ not extend beyond 31 December 1974, to implement plete statistics are available, imports of these prod­ certain provisions of the Supplementary Protocol ucts from Turkey into the various Member States relating to trade in goods ; whereas, under Article were as follows : 6 of the Interim Agreement amending the first para­ graph of the Sole Article of Annex 1 to the Additional (metnc tons) Protocol, the Community must, as from 1 January 1970 1971 1972 1974, totally suspend the customs duties applicable to certain petroleum products falling within Chapter 27 of the Common Customs Tariff, refined 0 42 304 300 000 Germany in Turkey, within the limit of an annual Community Benelux 0 0 96 222 tariff quota of 340 000 metric tons ; whereas, pursuant to Article 2 of the abovementioned Interim Agree­ France 0 0 0

Italy 15 750 0 110 162 Denmark 19 780-4 0 0 Ireland 0 0 0 United Kingdom 35 350 0 38 200 0) OJ No L 293 , 29. 12. 1972, p. 4. (■) OJ No L 277, 3 . 10. 1973 , p. 2.

No L 48/2 Official Journal of the European Communities 20 . 2. 74

whereas this information indicates that imports of that that Member State pay a certain percentage of these products are very irregular and that the cal­ it back into the reserve, in order to avoid a part of the culation of the percentages which they represent in Community quota remaining unused in one Member relation to the total imports into the Community of State when it could be used in others ; the same products from Turkey would not therefore be significant; whereas the calculation of the imports from Member States in question for the quota period Whereas it does not seem possible for the moment, considered proves difficult as a result of the irregu­ taking into account the differences still existing in the larity noted in imports during the foregoing years ; national provisions governing the market of the whereas the foreseeable import figures put forward products in question, to lay down a single method by the Member States for the quota period concerned of administration ; leads to the quota considered being allocated accord­ ing to the percentages indicated hereafter: Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ Germany 42-1 bourg are united in and represented by the Benelux Economic Union, all transactions concerning the ad­ Benelux 16-5 ministration of shares granted to the abovementioned France 8-3 Economic Union may be carried out by any one of 12-4 its members, Italy Denmark 4-2 Ireland 4-2 United Kingdom 12-3 HAS ADOPTED THIS REGULATION :

Whereas to take into account the uncertainty in the Article 1 development of imports of the said products into Member States, the quota volume should be divided into two portions, the first portion being allocated 1 . Subject to any measures taken under paragraphs between the Member States, and the second portion 2 and 4 of the single article of Annex 1 to the Ad­ forming a reserve intended to meet subsequently ditional Protocol between the European Economic the needs of the Member States which have exhausted Community and Turkey, a Community tariff quota their original share of the quota; whereas in order of 340 000 metric tons shall be opened until 31 De­ to ensure some security to importers in each Member cember 1974 for the following petroleum products, State, the first portion of the Community quota should refined in Turkey and falling within Chapter 27 of be fixed at a relatively high level which, under the the Common Customs Tariff : circumstances, might amount to approximately 85% of the quota volume ;

CCT Whereas the initial quota shares of those Member heading Description No 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 27.10 Petroleum oils and oils obtained from bitu­ State having used up almost the whole of its initial minous minerals , other than crude ; prepara­ quota share should draw an additional quota share tions not elsewhere specified or included, from the reserve; whereas this must be done by each containing not less than 70% by weight of Member State as and when each of its additional petroleum oils or of oils obtained from bituminous minerals, these oils being the quota shares is almost entirely used up, and repeated basic constituents of the preparations : as many times as the reserve allows ; whereas the initital and additional quota shares must be available A. Light oils : for use until the end of the quota period, whereas III. For other purposes such method of administration calls for close co­ B. Medium oils : operation between Member States and the Commis­ sion, which must, in particular, be able to observe III. For other purposes the extent to which the quota amounts are used and C. Heavy oils : inform Member States thereof; I. Gas oil : c) For other purposes Whereas if, at a specified date in the quota period, a II . Fuel oil : considerable balance of one of the initial shares re­ c) For other purposes mains in one or other Member State, it is essential

20 . 2 . 74 Official Journal of the European Communities No L 48 /3

the proportions which, subject to Article 5, shall be CCT valid until 31 December 1974, shall consist of the heading Description No following amounts :

Germany 122 000 metric tons 27.10 III. Lubricating oils ; other oils Benelux 48 000 metric tons (cont'd) France metric tons c) To be mixed in accordance with 24 000 the terms of Additional Note Italy 36 000 metric tons 7 to Chapter 27 (a) Denmark 12 000 metric tons d ) For other purposes Ireland 12 000 metric tons United Kingdom 36' 000 metric tons 27.11 Petroleum gases and other gaseous hydro­ carbons : 3 . The second instalment, amounting to 50 000 B. Other : metric tons, shall make up the reserve. I. Commercial propane and commercial butane : c) For other purposes Article 3

27.12 Petroleum jelly : 1 . If 90% or more of one of the initial shares of A. Crude : a Member State, as laid down in Article 2 (2), or 90% of that share less the amount returned into the III. For other purposes reserve, where the provisions of Article 5 have been B. Other applied, has been exhausted, that Member State con­ cerned shall proceed without delay, by notifying the Commission to draw a second share equal to 20% of 27.13 Paraffin wax , micro-crystalline wax, slack wax, ozokerite, lignite wax, peat wax and its initial share, where appropriate rounded up to other mineral waxes , whether or not coloured : the next figure, to the extent that the amount in the reserve allows . B. Other : I. Crude : 2 . If, after its initial share has been exhausted, 90% c) For other purposes or more of the second share drawn by a Member, II . Other States has been used, that Member State shall proceed under the conditions laid down in paragraph 1 to draw a third share equal to 10% of its initial 27.14 Petroleum bitumen , petroleum coke and other share, where appropriate rounded up to the next residues of petroleum oils or of oils obtained figure. from bituminous minerals : C. Other 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State (a) Entry under this subheading is subject to conditions to be determined by the competent authorities. has been used, that Member State shall proceed, under the same conditions, to draw a fourth share equal to the third.

2. Within the Community tariff quota, Common This procedure shall be followed until the reserve Customs Tariff duties shall be totally suspended. has been exhausted .

Within the limits of the quota, the new Member States shall also exempt the petroleum products 4. Notwithstanding the provisions of paragraphs 1 , concerned from duty. 2 and 3 , Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is reason to believe that those shares might not be used up. They shall inform the Commission of the Article 2 reasons which led them to apply this paragraph.

1 . The tariff quota referred to Article 1 ( 1 ) shall be divided into two instalments . Article 4

2 . The first instalment, amounting to 290 000 metric Additional shares drawn pursuant to Article 3 shall tons, shall be shared among the Member States ; be valid until 31 December 1974.

No L 48/4 Official Journal of the European Communities 20 . 2 . 74

Article 5 pursuant to Article 3, it is possible for charges to be made without interruption against the accumulated If, on 15 September 1974, a Member State has not shares of the Community tariff quota. used up its initial quota share, it shall, not later than 10 October 1974, return to the reserve the unused 2 . The Member States shall take all measures necess­ portion of its share in excess of 20% of the initial ary to guarantee free access to the quotas allocated amount. It may return a larger quantity if there are to them by all importers established on their terri­ reasons to consider that such quantity might not be tory . used. 3 . The extent to which the quota shares of the Mem­ The Member States shall, not later than 10 October ber States have been used up shall be established on 1974, notify the Commission of the total imports of the basis of imports of the products concerned sub­ the products concerned effected up to and including mitted to the customs authorities under cover of a 15 September 1974, and charged against the Com­ declaration that they have been made available for munity quota and, where appropriate, the proportion consumption. of their original quota share that is being returned to the reserve . Article 8 Article 6 The Member States shall inform the Commission at The Commission shall keep account of the initial regular intervals of imports of the products in share opened by Member States in accordance with question actually charged against their quota shares. Articles 2 and 3 and shall inform each of them of the extent to which the reserves have been used as soon as it receives the notifications. Article 9 The Commission shall, not later than 15 October The Member States and the Commission shall co­ 1974, notify Member States of the state of the reserve operate closely to ensure that this Regulation is after the return of quota shares pursuant to Article 5 . respected. The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose shall specify the amount there­ Article 10 of to the Member State which makes the final drawing. The tariff quota laid down in this Regulation shall be opened for 1974. Article 7 This Regulation shall enter into force on the third 1 . The Member States shall take all measures neces­ day following its publication in the Official Journal sary to ensure that when additional quotas are drawn of the European Communities.

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

Done at Brussels , 4 February 1974. For the Council

The President

W. SCHEEL