31974R2915
26 . 11.74 Official Journal of the European Communities No L 315 /5
REGULATION (EEC) No 2915 /74 OF THE COUNCIL of 18 November 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 , Whereas, during the last three years for which statistics are available, the corresponding imports by each of the Member States represent the following Having regard to the Treaty establishing the Euro percentages of the imports into the Community from pean Economic Community and in particular Article Spain of the products concerned : 113 thereof;
1971 1972 1973 Having regard to the proposal from the Commission ;
Germany 19-80 34-60 49-0 Whereas the Agreement between the European Benelux 25-40 9-10 15-3 Economic Community and Spain, signed at Luxem bourg on 29 June 1970, provides in Article 2 ( 1 ), France 13-00 8-40 11-2 together with Article 3 of Annex I, for the opening 41-80 47-90 24-5 Italy by the Community of an annual total Community tariff quota of 1 200 000 metric tons of certain petroleum products falling within Chapter 27 of the Common Customs Tariff, refined in Spain ; whereas, pursuant to Article 2 of the said Annex, the quota Whereas, in view of these factors of the foreseeable duty is equal to 40% of the Common Customs Tariff development of the market for the products in duties effectively applied in this year in respect of question and in particular of the estimates submitted the product concerned ; by certain Member States , initial quota shares may be fixed approximately at the following percentages :
Whereas the Community tariff quota in question Germany 39 should be opened for the year 1975 ; and whereas, however, because of the possibility of implementing Benelux 17 after preferential arrangements as a result of a new Agreement between the European Economic Com France 11 munity and Spain, it is necessary to limit the quota Italy 33 period to the date the new Agreement enters into force .
Whereas , to take account of future import trends in Whereas it is in particular necessary to ensure to all the various Member States of the product under Community importers equal and uninterrupted access consideration , the total quota volume should be to the abovementioned quota and uninterrupted divided into two tranches, the first being shared application of the rate laid down for that quota to among the Member States and the second all imports of the product concerned into all Member held as a reserve to cover at a later date the require States until the quota has been used up ; whereas, ments of those Member States having used up their having regard to the principles mentioned above, initial share ; whereas, to give Member State importers the Community nature of the quota can be respected some certainty, the first tranche of the Community by allocating the Community tariff quota among the quota might be fixed at 80% of the quota volume ; Member States ; whereas, to represent as closely as possible the actual development of the market in the products in question, the allocation should follow proportionately the requirement of the Member Whereas the initial shares of Member States may States calculated from both statistics of imports from be used up more or less quickly ; whereas , therefore, Spain during a representative period and the to avoid disruption of supplies any Member State economic outlook for the tariff period in question ; which has almost used up its initial share must draw
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a supplementary share from the reserve; whereas this Economic Union any measure concerning the must be done by each Member State as each one of administration of the shares allocated to that its supplementary shares is almost used up, and as Economic Union may be carried out by any one of many times as the reserve allows ; whereas the initial its members, and supplementary shares must be valid until the end of the quota period ; whereas this form of administra tion requires close collaboration between the Member HAS ADOPTED THIS REGULATION : States and the Commission, and the Commission must be in a position to follow the extent to which the quota volume has been used up and inform the Article 1 Member States thereof ;
From 1 January 1975 until the date of entry into Whereas if, at a given date in the quota period, a force of a new Agreement between the European considerable quantity of the initial share is left over Economic Community and Spain but not later than in a Member State, it is essential that each State 31 December 1975 and subject to the measures which should return a significant proportion to the reserve might be taken pursuant to Article 3 (2 ) and (4) of to prevent a part of the Community quota from Annex I to the Agreement between the Community remaining unused in one Member State when it could and Spain, the Common Customs Tariff duties in be used in others ; respect of the products refined in Spain and listed below shall be suspended partially at the levels Whereas since the Kingdom of Belgium, the Kingdom indicated for each of them, within the limits of a of the Netherlands and the Grand Duchy of Luxem global Community tariff quota of 1 200 000 metric bourg are jointly represented by the Benelux tons :
CCT Rate of duty heading Description % 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% 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 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
(a) Entry under this subheading is subject to conditions to be determined by the competent authorities .
26 . 11.74 Official Journal of the European Communities No L 315/7
CCT Rate of duty heading Description % No
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
Article 2 equal to 7-5% of its initial share, rounded up to the next unit where necessary, to the extent permitted 1 . The first tranche, amounting to 1 000 000 metric by the amount of the reserve. tons of the Community tariff quota referred to in Article 1 , shall be allocated among the Member 3 . If, after its second share has been used up, 90% or States ; the respective shares which, subject to more of the third share drawn by a Member State Article 5 , shall be valid until the end of the period has been used up, that Member State shall in accord stipulated in Article 1 shall consist of the following ance with the same conditions, draw a fourth share amounts : equal to the third . Germany 390 000 metric tons This process shall continue to apply until the reserve Benelux 170 000 metric tons is used up. France 110 000 metric tons Italy 330 000 metric tons 4. By derogation from paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares smaller 2 . The second tranche, amounting to 200 000 metric than those fixed therein, if there is reason to believe tons , shall constitute a reserve. that those shares might not be used up. They shall inform the Commission of the reasons which led Article 3 them to apply this paragraph.
1 . If 90% or more of a Member State's initial Article 4 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 Additional shares drawn pursuant to Article 3 shall State shall without delay, by notifying the Commis be valid until the end of the period stipulated in Article 1 . 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. Article 5 2 . If, after its initial share has been used up, 90% or more of the second share drawn by a Member A Member State which on 15 September 1975 has State has been used up , that Member State shall , not used up its initial share shall return to the reserve by notifying the Commission, draw a third share not later than 10 October 1975 the unused portion
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exceeding 20% of the initial amount. It may return Article 7 a greater portion if there are grounds for believing 1 . Member States shall take all measures necessary that it may not be used up. to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that imports Member States shall , not later than 10 October 1975 , may be charged without interruption against their notify the Commission of the total quantities of the accumulated shares in the Community tariff quotas . said goods imported up to and including 15 Septem ber 1975 and charged against the appropriate Com 2 . Member States shall ensure that importers of the munity tariff quota and any quantities of the initial said goods established in their territory have free share returned to the reserve . access to the shares allocated to them . 3 . Member States shall charge imports of the said goods against their shares as and when such goods Article 6 are entered for home use .
The Commission shall keep an account of the shares Article 8 opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, Member States shall inform the Commission at inform each State of the extent to which the reserves regular intervals of imports of the said product have been used up . actually charged against their shares.
It shall inform the Member States not later than Article 9 15 October 1975 of the amounts still in reserve after The Member States and the Commission shall amounts have been returned thereto pursuant to Article 5 . cooperate closely in order to ensure that this Regula tion is observed .
It shall ensure that the drawing which uses up a Article 10 reserve is limited to the balance available and to this end shall specify the amount thereof to the This Regulation, shall enter into force on 1 January Member State making the last drawing. 1975 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 18 November 1974 .
For the Council The President
Ch . BONNET