31974R0356

20 . 2. 74 Official Journal of the European Communities No L 48/ 13

REGULATION (EEC) No 356/74 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, refined in Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1970 1971 1972

Germany 53-11 19-80 34-60 Having regard to the Treaty establishing the Euro­ pean Economic Community and in particular Article Benelux 21-90 25-40 9-10 113 thereof; France 8-05 13-00 8-40 Italy 16-94 41-80 47-90 Having regard to the proposal from the Commission ;

Whereas, in view of these factors, of the foreseeable development during 1974 of the market for the pro­ Whereas the Agreement between the European Eco­ ducts in question and in particular of the estimates nomic Community and Spain, signed at Luxembourg submitted by certain Member States, initial quota on 29 June 1970, provides in Article 2 ( 1 ) together shares may be fixed approximately at the following with Article 3 of Annex I, for the opening by the percentages : Community of an annual total Community tariff quota of 1 200 000 metric tons of certain petroleum Germany 340 products falling within Chapter 27 of the Common Customs Tariff, refined in Spain ; whereas, pursuant Benelux 16-7 to Article 2 of the said Annex, the quota duty is France 9-7 equal to 40% of the Common Customs Tariff duties effectively applied in this year in respect of the pro­ Italy 396 duct concerned ;

Whereas, to take account of future trends of imports of the product under consideration, the total quota Whereas it is in particular necessary to ensure to all volume should be divided into two tranches, the first Community importers equal and uninterrupted access being shared between Germany and the Benelux and the second held as a reserve to cover at a later date to the abovementioned quota and uninterrupted ap­ plication of the rate laid down for that quota to all the requirements of these Member States, should they imports of the product concerned into all Member use up their new share ; States until the quota has been used up ; whereas, having regard to the principles mentioned above, the Whereas to give Member State importers some cer­ Community nature of the quota can be respected by tainty, the first tranche of the Community quota allocating the Community tariff quota among the should be fixed at 80% of the quota value ; Member States ; whereas, to represent as closely as possible the actual development of the market in the products in question, the allocation should follow Whereas the initial shares of Member States may be proportionately the requirement of the Member States used up more or less quickly ; whereas, therefore, to calculated from both statistics of imports from Spain avoid disruption of supplies any Member State which during a representative period and the economic out­ has almost used up its initial share must draw a look for the tariff period in question. supplementary share from the reserve ; whereas this must be done by each Member State as each one of its supplementary shares is almost used up, and as Whereas, during the past three years for which sta­ many times as the reserve allows ; whereas the initial tistics are available, the corresponding imports by and supplementary shares must be valid until the end each of the Member States represent the following of the quota period ; whereas this form of admin­ percentages of the imports into the Community from istration requires close collaboration between the Spain of the products concerned : Member States and the Commission, and the Com­

No L 48/14 Official Journal of the European Communities 20. 2. 74

mission must be in a position to follow the extent to tration of the shares allocated to that economic union which the quota volume has been used up and inform may be carried out by one of its members, the Member States thereof;

HAS ADOPTED THIS REGULATION : Whereas if, at a given date in the quota period, a considerable quantity of the initial share is left over Article 1 in a Member State, it is essential that each state should return a significant proportion to the reserve Until 31 December 1974 and subject to the measures to prevent a part of the Community quota from which might be taken pursuant to Article 3 (2) and remaining unused in one Member State while it could (4) of Annex I to the Agreement between the Com­ be used in others ; munity and Spain, the Common Customs Tariff duties in respect of the products refined in Spain and Whereas since the Kingdom of Belgium, the Kingdom listed below shall be suspended partially at the levels of the Netherlands and the Grand Duchy of Luxem­ indicated for each of them, within the limits of a bourg are jointly represented by the Benelux Eco­ global Community tariff quota of 1 200 000 metric nomic Union any measure concerning the adminis­ tons :

CCT Rate heading Description of duty 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 % 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

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

(a) Entry under this subheading is subject to conditions to be determined by the competent authorities .

20. 2. 74 Official Journal of the European Communities No L 48/15

Article2¶

1 . The first tranche, amounting to 1 000 000 metric Additional shares drawn pursuant to Article 3 shall tons of the Community tariff quota referred to in be valid until 31 December 1974. Article 1, shall be allocated among the Member States; the respective shares which, subject to Article 5 , shall be valid until 31 December 1974 shall consist of the following amounts :

Article 5 Germany 340 000 metric tons Benelux 170 000 metric tons A Member State which on 15 September 1974 has France 100 000 metric tons not used up its initial share shall return to the reserve not later than 10 October 1974 the unused portion Italy 390 000 metric tons exceeding 20% of the initial amount. It may return a greater portion if there are grounds for believing that it may not be used up. 2. The second tranche, amounting to 200 000 metric tons shall be held as a reserve. Member States shall, not later than 10 October 1974, notify the Commission of the total quantities of the said goods imported up to and including 15 Septem­ ber 1974 and charged against the appropriate Com­ Article 3 munity tariff quota and any quantities of the initial share returned to the reserve. 1 . If 90% or more of one of a Member State's initial share as specified in Article 2 ( 1 ), or of that share minus the portion returned to the reserve where Article 5 is applied, has been used up, that Member State shall without delay, by notifying the Commis­ Article 6 sion, draw a second share equal to 15% of its initial share, rounded up where necessary to the next unit, to the extent permitted by the amount of the reserve. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, 2. If, after its initial share has been used up, 90% or inform each State of the extent to which the reserves more of the second share drawn by a Member State have been used up. has been used up, that Member State shall, by noti­ fying the Commission, draw a third share equal to It shall inform the Member States not later than 7-5% of its initial share, rounded up to the next unit where necessary, to the extent permitted by the 15 October 1974, of the amounts still in reserve after amount of the reserve. amounts have been returned thereto pursuant to Article 5 .

3 . If, after its second share has been used up, 90% It shall ensure that the drawing which uses up a or more of the third share drawn by a Member State reserve is limited to the balance available and to this has been used up, that Member State shall in accord­ end shall specify the amount thereof to the Member ance with the same conditions, draw a fourth share State making the last drawing. equal to the third.

This process shall continue to apply until the reserve is used up. Article 7

4. By derogation from paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares smaller 1 . Member States shall take all measures necessary than those fixed therein, if there is reason to believe to ensure that supplementary shares drawn pursuant that those shares might not be used up . They shall to Article 3 are opened in such a way that imports inform the Commission of the reasons which led may be charged without interruption against their them to apply this paragraph. accumulated shares in the Community tariff quotas.

No L 48 / 16 Official Journal of the European Communities 20 . 2 . 74

2 . Member States shall ensure that importers of the Article 9 said goods established in their territory have free access to the shares allocated to them . The Member States and the Commission shall co­ operate closely in order to ensure that this Regulation 3 . Member States shall charge imports of the said is observed. goods against their shares as and when such goods are entered for home use. Article 10

The tariff quota laid down in this Regulation shall Article 8 be opened for 1974.

Member States shall inform the Commission at reg­ This Regulation shall enter into force on the third ular intervals of imports of the said product actually day following its publication in the Official Journal charged against their shares. 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