31974R0369

20 . 2 . 74 Official Journal of the European Communities No L 48/79

REGULATION (EEC) No 369/74 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 the Arab Republic of Egypt

THE COUNCIL OF THE EUROPEAN COMMUNITIES, — in the light of the above principles the Community nature of the quota may best be preserved by an arrangement allocating it among the Member Having regard to the Treaty establishing the European States ; whereas in order to provide the most Economic Community, and in particular Article 113 accurate reflection of actual market trends for thereof ; the said products, such allocation should be proportionate to the needs of the Member States, Having regard to the proposal from the Commission ; calculated both from the statistics for each Mem­ ber State's imports from the Arab Republic of Egypt over a representative reference period and Whereas the Agreement between the European from economic prospects for the quota period in Economic Community and the Arab Republic of question ; Egypt (*) and the Protocol laying down certain provisions relating to the Agreement between the European Economic Community and the Arab — in view of the fact however that over the past Republic of Egypt consequent on the Accession of three years the said products have been imported new Member States to the European Economic into only one Member State, and in small quan­ Community (2) provides for the opening of an annual tities , and that no estimates can be made for 1974, Community tariff quota of 360 000 metric tons for and in order to ensure a fair distribution among certain petroleum products falling within Chapter the Member States concerned, the initial percentage 27 of the Common Customs Tariff, refined in the share, having regard to the potential demand for Arab Republic of Egypt ; whereas the Protocol provides the said products in the various Member States, that the tariff quota should be allocated among the should be approximately 25 % each ; Member States as follows : 200 000 metric tons for the Community as originally constituted, 5 000 metric — in order to take account of import trends for the tons for Denmark, 5 000 metric tons for Ireland and products in question in the Member States con­ 150 000 metric tons for the United Kingdom ; whereas cerned, the quota amount should be divided into Annex I to the Agreement provides that the duties two instalments, the first instalment being allocated applicable to the quota shall be equal to 45 % of the among the same Member States, the second duties of the Common Customs Tariff ; whereas as instalment constituting a reserve intended to regards the duties applicable to the quota by the new cover the later requirements of Member States Member States, the special provisions of the Protocol which have used up their initial quota shares ; and of the Act of Accession should be complied with ; whereas in order to ensure a certain degree of whereas to comply with the special provisions of the security to importers in each Member State, the Protocol, separate arrangements should be made for first instalment of the quota should be fixed in the Member States of the Community as originally this case at approximately 70 % ; constituted, on the one hand, and for the new Member States , on the other ; — the initial quota shares may be used up at different rates ; whereas , therefore, to avoid disruption of Whereas as regards the Community as originally supplies, any Member State which has almost constituted : used up its initial quota share, must draw an additional quota share from the reserve ; whereas — equal and uninterrupted access to the quota this must be done by each Member State as each should be ensured for all importers and quota one of its additional quota shares is almost used duties applied continuously to all imports of the up , and as many times as the reserve allows ; said products until the quota has been used up ; whereas the initial and additional quota shares shall be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States con­ I1) OJ No L 251 , 7 . 9 . 1973 , p . 2 . (2) OJ No L 251 , 7 . 9 . 1973 , p . 87 . cerned and the Commission , and the Commission

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must be in a position to follow the extent to which CCT the quota volume has been used up and inform heading Description No the Member States thereof ;

27.10 Petroleum oils and oils obtained from bituminous minerals , other than crude ; pre­ parations not elsewhere specified or included, if, at a given date in the quota period, a considerable containing not less than 70% by weight of quantity of the initial quota share is left over in petroleum oils or of oils obtained from one of the Member States concerned , it is essential bituminous minerals , those oils being the that that State should return a significant proportion basic constituents of the preparations : to the reserve, to prevent a part of the quota A. Light oils : allocated to the Community as originally constitu­ III. For other purposes ted from remaining unused in one Member State when it could be used in others ; B. Medium oils : III . For other purposes

C. Heavy oils : since the Kingdom of Belgium, the Kingdom of I. Gas oil : the Netherlands and the Grand Duchy of Luxem­ c) For other purposes bourg are united in and represented by the Benelux II . Fuel oil : Economic Union, any measure concerning the c) For other purposes administration of the quota shares allocated to III . Lubricating oils ; other oils : that Economic Union may be carried out by one c) To be mixed in accordance with of its members ; the terms of Additional Note 7 to Chapter 27 ( a) d) For other purposes

27.11 Petroleum gases and other gaseous hydro­ carbons : Whereas, as regards the new Member States : B. Other : I. Commercial propane and commercial butane : — the quota duties shall be calculated by the new c) For other purposes Member States in accordance with Articles 3 and 27.12 Petroleum jelly : 4 of the Protocol ; A. Crude III. For other purposes B. Other equal and uninterrupted access to the quota should be ensured for all importers and quota 27.13 Paraffin wax, micro-crystalline wax, slack duties should be applied continuously to all wax, ozokerite, lignite wax, peat wax and imports of the products in question until the quota other mineral waxes, whether or not coloured : has been used up , B. Other I. Crude : c) For other purposes II . Other

HAS ADOPTED THIS REGULATION : 27.14 Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals : C. Other Article 1 II . Other

Subject to any measures which may be taken in (a) Entry unde- this subheading is subject to conditions to be determined application of Article 3 (2) and (4) of Annex I to the by the competent authorities. Agreement between the European Economic Com­ munity and the Arab Republic of Egypt, a Community tariff quota of 360 000 metric tons shall be opened until 31 December 1974, for the products listed below The quota shall be allocated and administered in refined in the Arab Republic of Egypt : accordance with the following provisions .

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SECTION I second quota share , to the extent that the reserve is sufficient, equal to 15% of its initial quota share, rounded up to the next unit where necessary.

Provisions applicable to the Community as originally constituted 2. If, after its initial quota share has been used up , 90% or more of the second quota share drawn by a Member State has been used up, that Member State shall , in the manner provided for in paragraph 1 , Article 2 draw a third quota share, equal to 7-5 % of its initial quota share, rounded up where necessary to the next unit . Common Customs Tariff duties shall be partially suspended at the rates indicated below for 200 000 metric tons of the quota referred to in Article 1 : 3 . If, after its second quota share has been used up, 90% or more of the third quota share drawn by a Member State has been used up , that Member State CCT heading No Rate of duty ( % ) shall, in the same manner, draw a fourth quota share equal to the third . 27.10 A III 2-7 27.10 B III 2-7 This procedure shall be followed until the reserve 27.10 C I c) 1-5 has been used up . 27.10 C II c) 1-5 27.10 C III c) 1-8 4. Notwithstanding paragraphs 1 to 3 , a Member 27.10 C III d) 2-7 State may draw smaller shares than those fixed in 27.11 B I c) 0-6 these paragraphs if there is reason to believe that 27.12 A III 0-9 those fixed might not be used up . It shall inform the 27.12 B 3-1 Commission of its reasons for applying this paragraph.

27.13 B I c) 0-9 27.13 B II 2-7 27.14 C II 0-9 Article 5

Additional quota shares drawn pursuant to Article 4 shall be valid until 31 December 1974 . Article 3

1 . A first instalment of 140 000 metric tons of the amount mentioned in Article 2 shall be allocated Article 6 among the Member States ; the shares which, subject to Article 6 , are valid until 31 December 1974, are as follows : A Member State which on 15 September 1974, has not used up its initial quota share shall return to the reserve not later than 10 October 1974 the unused Germany 35 000 metric tons portion exceeding 20% of the initial amount. It may Benelux 30 000 metric tons return a greater portion if there is reason to believe that it may not be used up . France 35 000 metric tons Italy 40 000 metric tons Member States shall, not later than 10 October 1974, notify the Commission of the total quantities of the 2. The second instalment, amounting to 60 000 metric products on question imported up to and including tons, shall make up the reserve . 15 September 1974 and charged against the Community tariff quota and any quantities returned to the reserve.

Article4¶

1 . If 90% or more of a Member State's initial Article 7 quota share specified in Article 3 (1 ), or of that share less the portion returned to the reserve where Article 6 The Commission shall keep an account of the quota is applied, has been used up , that Member State shall shares opened by the Member States pursuant to without delay, by notifying the Commission, draw a Articles 3 and 4 and shall, as soon as information

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reaches it, inform each State of the extent to which Denmark 5 000 metric tons the reserve has been used up. Ireland 5 000 metric tons United It shall, not later than 15 October 1974, inform the Kingdom 150 000 metric tons Member States of the amount still in the reserve after returns have been made pursuant to Article 6. SECTION III It shall ensure that the drawing which uses up the reserve is limited to the balance available and to this General provisions end shall specify the amount thereof to the Member State making the last drawing. Article 11

Article 8 1 . Member States shall ensure that the quota shares allocated to them are freely accessible to importers of the products in question established in their territory. Member States shall take all necessary measures to ensure that additional shares taken up under Article 4 2. The extent to which the Member State's shares are so drawn as to allow for uninterrupted charges have been used up shall be ascertained from the against their accumulated shares of the Community quota . imports of the said products presented for customs clearance under cover of a declaration that they have been made available for consumption.

Article 12 SECTION II Member States shall regularly inform the Commission of imports of products refined in the Arab Republic Provisions applicable to the new Member States of Egypt actually charged against their quota shares.

Article 13 Article 9 Member States and the Commission shall collaborate closely in order to ensure that this Regulation is Within the tariff quota referred to in Article 1 , the respected. new Member States shall apply duties calculated in accordance with the relevant provisions of the Act of Accession, the Agreement and the Protocol. Article 14

The tariff quota laid down in this Regulation shall be opened for 1974. Article 10 This Regulation shall enter into force on the third Under the quota, 160 000 metric tons shall be allocated day following its publication in the Official Journal among the new Member States as follows : 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