31974R2924

No L 315/32 Official Journal of the European Communities 26 . 11.74

REGULATION (EEC) No 2924/74 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 Turkey ( 1975 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , as much account as possible of the actual develop­ ment of the market of the products concerned, the allocation of shares should be in direct proportion Having regard to the Treaty establishing the Euro­ to the needs of Member States, calculated, on the pean Economic Community, and in particular one hand , on the basis of statistics relating to imports Article 113 thereof ; from Turkey during a given representative period and , on the other, on the basis of the economic Having regard to the proposal from the Commission ; prospects for the quota period considered ;

Whereas, pending the entry into force of the Supple­ Whereas, during the last three years for which com­ mentary Protocol signed in Ankara on 30 June 1973 plete statistics are available, imports of these products containing the adjustments to be made to the Agree­ from Turkey into the various Member States were as ment establishing an Association between the Euro­ follows : pean Economic Community and Turkey and to the Additional Protocol (*) consequent on the accession (metric tons ) of new Member States, the Community has under­ 1971 1972 1973 taken , in an Interim Agreement ( 2 ) which runs only for the period prior to the entry into force of this — — Benelux 96 222 Supplementary Protocol , which is applicable until 31 December 1974 but which has been extended for — — Denmark 12 000 1975 in accordance with the terms laid down in Article 13 thereof to implement certain provisions of Germany 42 304 300 000 300 000 the Supplementary Protocol relating to trade in France — — — goods ; whereas under Article 6 of the Interim Agree­ ment amending the first paragraph of the single Ireland — — — Article of Annex 1 to the Additional Protocol , the Community must totally suspend the customs duties — Italy 110 j 62 134 035 applicable to certain petroleum products falling within Chapter 27 of the Common Customs Tariff, — 38 200 40 000 United Kingdom refined in Turkey , within the limit of an annual Community tariff quota of 340 000 metric tons ; whereas , pursuant to Article 2 of the abovementioned Interim Agreement, the new Member States must Whereas this information indicates that imports of apply zero duties to the products concerned ; these products are very irregular and that the calculation of the percentages they represent in relation to the total imports into the Community of Whereas equal and direct access to the said quota the same products from Turkey would not therefore by all importers and the uninterrupted application be significant ; whereas the calculation of the imports of the rate laid down for the said quotas to all from Member States in question for the quota period imports of the products in question into all Member considered proves difficult as a result of the irregu­ States should be guaranteed until the quotas are larity noted in imports during the foregoing years ; exhausted; whereas utilization of this quota, based whereas the foreseeable import figures put forward on allocation between Member States, would appear by the Member States for the quota period concerned to safeguard the Community character of the said leads to the quota considered being allocated quota as regards the principles described above ; whereas in order to ensure that such allocation takes according to the percentages indicated hereafter :

Benelux 16-55 Denmark 4-14 (*) OJ No L 293 , 29 . 12 . 1972 , p. 4. ( 2) OJ No L 277, 3 . 10 . 1973 , p. 2. Germany 42-07

26 . 11 . 74 Official Journal of the European Communities No L 315 /33

France 8-28 Whereas if, at a specified date in the quota period, Ireland 4-14 a considerable balance of one of the initial shares remains in one or other Member State, it is essential Italy 12-41 that that Member State pay a certain percentage of United Kingdom 12-41 it back into the reserve to prevent a part of the Com­ munity quota from remaining unused in one Member Whereas to take into account the uncertainty in the State when it could be used in others ; development of imports of the said products into Member States, the quota amount should be divided Whereas it does not seem possible for the moment, into two tranches, the first tranche being allocated taking into account the differences still existing in the between the Member States , and the second tranche national provisions governing the market of the forming a reserve intended to meet subsequently the needs of the Member States which have exhausted products in question, to lay down a single method of administration ; their original share of the quota ; whereas, in order to ensure some security to importers in each Member State, the first tranche of the Community quota Whereas since the Kingdom of Belgium, the Kingdom should be fixed at a relatively high level which, under of the Netherlands and the Grand Duchy of Luxem­ the circumstances, might amount to approximately bourg are united in and represented by the Benelux 85% of the quota volume ; Economic Union, all transactions concerning the administration of shares granted to the abovemen­ Whereas the initial quota shares of those Member tioned Economic Union may be carried out by any States may be used up at different times ; whereas, in one of its members , order to take this fact into account and avoid any break in continuity, it is important that any Member State having used up almost the whole of its initial HAS ADOPTED THIS REGULATION : quota share should draw an additional quota share from the reserve ; whereas this must be done by each Member State as and when each of its additional Article 1 quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the 1 . Subject to any measures taken under paragraphs initial and additional quota shares must be available 2 and 4 of the single Article of Annex 1 to the for use until the end of the quota period ; whereas Additional Protocol between the European Economic such method of administration calls for close cooper­ Community and Turkey, a Community tariff quota ation between Member States and the Commission, of 340 000 metric tons shall be opened from which must, in particular, be able to observe the 1 January to 31 December 1975 for the following extent to which the quota amounts are used and petroleum products, refined in Turkey and falling inform Member States thereof ; within Chapter 27 of the Common Customs Tariff :

CCT 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 bitumi­ nous 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 Chapter 27 ( a ) d ) For other purposes

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

No L 315 / 34 Official Journal of the European Communities 26 . 11 . 74

CCT heading Description No

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

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 If . Other

27.14 Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals : C. Other

2 . Within the Community tariff quota, Common Article 3 Customs Tariff duties shall be totally suspended. 1 . If 90% or more of one of the initial shares of a Within the limits of the quota, the new Member Member State, as laid down in Article 2 (2 ), or 90% States shall also exempt the petroleum products con­ of that share less the amount returned into the cerned from duty . reserve where the provisions of Article 5 have been applied, has been exhausted, that Member State con­ cerned shall proceed without delay, by notifying the Article 2 Commission, to draw a second share equal to 10% of its initial share, where appropriate rounded up to 1 . The tariff quota referred to Article 1 ( 1 ) shall the next figure, to the extent that the amount in the be divided into two tranches . reserve allows .

2 . The first tranche of 290 000 metric tons , shall be shared among the Member States ; the shares 2. If, after its initial share has been exhausted, 90% which, subject to Article 5 , shall be valid until or more of the second share drawn by a Member 31 December 1975 shall consist of the following State has been used, that Member State shall proceed amounts : under the conditions laid down in paragraph 1 to draw a third share equal to 5% of its initial share, Benelux 48 000 metric tons where appropriate rounded up to the next figure . Denmark 12 000 metric tons Germany 122 000 metric tons 3 . If, after its second share has been exhausted, 90% France 24 000 metric tons or more of the third share drawn by a Member State Ireland 12 000 metric tons has been used , that Member State shall proceed , 36 000 metric tons under the same conditions , to draw a fourth share Italy equal to the third . United Kingdom 36 000 metric tons

3 . The second tranche of 50 000 metric tons shall This procedure shall be followed until the reserve constitute a reserve . has been exhausted .

26 . 11.74 Official Journal of the European Communities No L 315 / 35

4. Notwithstanding the provisions of paragraphs 1 , The Commission shall ensure that any drawing which 2 and 3 , Member States may proceed to draw shares uses up the reserve is limited to the balance available smaller than those fixed in those paragraphs if there and, for this purpose, shall specify the amount thereof is reason to believe that those shares might not be to the Member State which makes the final drawing. used up . They shall inform the Commission of the reasons which led them to apply this paragraph . Article 7

Article 4 1 . Every Member State shall take all appropriate measures to ensure shares drawn pursuant to Article Additional shares drawn pursuant to Article 3 shall 3 are opened in such a way that importations may be valid until 31 December 1975 . be charged without interruption against its accumu­ lated share of the relevant Community quota. Article 5 2 . The Member States shall take all measures necessary to ensure that importers of the products in If, on 15 September 1975 , a Member State has not question established in its territory have free access used up its initial quota share , it shall , not later than to the shares allocated to it . 10 October 1975 , return to the reserve the unused portion of its share in excess of 20% of the initial 3 . The extent to which a Member State has used amount . It may return a larger quantity if there are up its quota shares shall be determined on the basis reasons to consider that such quantity might not be used . of the importations of the products in question entered with the customs authorities for home use . The Member States shall , not later than 10 October 1975 , notify the Commission of the total imports of Article 8 the products concerned effected up to and including 15 September 1975 and charged against the Com­ The Member States shall inform the Commission at munity quota and, where appropriate , the proportion regular intervals of imports of the products in of their original quota share that is being returned to the reserve . question actually charged against their quota shares .

Article6¶

The Commission shall keep account of the initial The Member States and the Commission shall share opened by Member States in accordance with cooperate closely to ensure that this Regulation is Articles 2 and 3 and shall inform each of them of respected . the extent to which the reserves have been used as soon as it receives the notifications . Article 10 The Commission shall , not later than 15 October 1975 , notify Member States of the state of the reserve This Regulation shall enter into force on after the return of quota shares pursuant to Article 5 . 1 January 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