31974R2926
26 . 11 . 74 Official Journal of the European Communities No L 315 /41
REGULATION (EEC ) No 2926/74 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 the Arab Republic of Egypt
THE COUNCIL OF THE EUROPEAN COMMUNITIES , duties applied continuously to all imports of the said products until the quota has been used up ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof ; ■—■ in the light of the above principles the Com munity nature of the quota may best be preserved Having regard to the proposal from the Commission ; by an arrangement allocating it among the Mem ber States ; whereas in order to provide the most Whereas the Agreement (*) between the European accurate reflection of actual market trends for Economic Community and the Arab Republic of the said products , such allocation should be Egypt and the Protocol (2 ) laying down certain proportionate to the needs of the Member States , provisions relating to the Agreement between the calculated both from the statistics for each Mem European Economic Community and the Arab ber State's imports from the Arab Republic of Republic of Egypt consequent on the accession of Egypt over a representative reference period and new Member States to the European Economic Com from economic prospects for the quota period in munity provides for the opening of an annual question ; Community tariff quota of 360 000 metric tons for certain petroleum products falling within Chapter 27 of the Common Customs Tariff, refined in the Arab Republic of Egypt ; whereas the Protocol provides — in view of the fact, however, that over the past that the tariff quota should be allocated among the three years the said products have been imported Member States as follows : 200 000 metric tons for into only one Member State, and in small quantities , and that no estimates can be made the Community as originally constituted, 5 000 metric tons for Denmark, 5 000 metric tons for for 1975 and, in order to ensure a fair Ireland and 150 000 metric tons for the United King distribution among the Member States concerned, dom ; whereas Annex I to the Agreement provides the initial percentage share, having regard to the that the duties applicable to the quota shall be equal potential demand for the said products in the to 45% of the duties of the Common Customs various Member States, should be approximately Tariff ; whereas, as regards the duties applicable 25% each ; to the quota by the new Member States , the special provisions of the Protocol and of the Act of Accession should be complied with ; whereas to — in order to take account of import trends for comply with the special provisions of the Protocol , the products in question in the Member States separate arrangements should be made for the concerned, the quota amount should be divided Member States of the Community as originally into two instalments, the first instalment being constituted , on the one hand , and for the new allocated among the same Member States , the Member States , on the other ; second instalment constituting a reserve intended to cover the later requirements of Member States Whereas as regards the Community as originally which have used up their initial quota shares ; constituted : whereas, in order to ensure a certain degree of security to importers in each Member State, the first instalment of the quota should be fixed in — equal and uninterrupted access to the quota this case at approximately 70% ; should be ensured for all importers and quota
— the initial quota shares may be used up at H OJ No L 251 , 7. 9 . 1973 , p. 13 . different rates ; whereas, therefore, to avoid (2) OJ No L 251 , 7 . 9 . 1973 , p. 3 . disruption of supplies , any Member State which f
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has almost used up its initial quota share must concerning the administration of the quota draw an additional quota share from the reserve ; shares allocated to that Economic Union may be whereas this must be done by each Member carried out by any one of its members ; State as each one of its additional quota shares is almost used up , and as many times as the Whereas , as regards the new Member States : reserve allows ; whereas the initial and additional quota shares shall be valid until the end of the — the quota duties shall be calculated by the new Member States in accordance with Articles 3 quota period ; whereas this form of and 4 of the Protocol ; administration requires close collaboration between the Member States concerned and the Commission , and the Commission must be in — equal and uninterrupted access to the quota a position to follow the extent to which the should be ensured for all importers and quota quota volume has been used up and inform duties should be applied continuously to all the Member States thereof ; imports of the products in question until the quota has been used up , — if, at a given date in the quota period, a considerable quantity of the initial quota share HAS ADOPTED THIS REGULATION : is left over in one of the Member States concerned , it is essential that that State should return a significant proportion to the reserve Article 1 to prevent a part of the quota allocated to the Community as originally constituted from Subject to any measures which may be taken in remaining unused in one Member State when it application of Article 3 (2) and (4) of Annex I to could be used in others ; the Agreement between the European Economic Community and the Arab Republic of Egypt, a — since the Kingdom of Belgium, the Kingdom of Community tariff quota of 360 000 metric tons shall the Netherlands and the Grand Duchy of be opened from 1 January to 31 December 1975 Luxembourg are united in and represented by for the products listed below refined in the Arab the Benelux Economic Union, any measure Republic of Egypt :
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 , those 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 .
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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 B. Other :
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 II . Other
27.14 Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals : C. Other
The quota shall be allocated and administered in Article 3 accordance with the following provisions . 1 . A first instalment of 140 000 metric tons of the SECTION I amount mentioned in Article 2 shall be allocated among the Member States ; the shares which, subject Provisions applicable to the Community to Article 6, are valid until 31 December 1975 are as follows : as originally constituted Germany 35 000 metric tons Article 2 Benelux 30 000 metric tons France 35 000 metric tons Common Customs Tariff duties shall be partially Italy 40 000 metric tons suspended at the rates indicated below for 200 000 metric tons of the quota referred to in Article 1 : 2 . The second instalment of 60 000 metric tons shall make up the reserve. Rate of duty CCT heading No % Article 4
27.10 A III 2-7 1 . If 90% or more of a Member State's initial 27.10 B III 2-7 quota share specified in Article 3 ( 1 ), or of that 27.10 C I c) 1-5 share less the portion returned to the reserve where 27.10 C II c) 1-5 Article 6 is applied, has been used up, that Member 27.10 C III c) 1-8 State shall without delay, by notifying the Com 27.10 C III d) 2-7 mission , draw a second quota share, to the extent 27.11 B I c ) 0-6 27.12 A III that the reserve is sufficient, equal to 15% of its 0-9 initial quota share, rounded up to the next unit 27.12 B 3-1 where necessary. 27.13 B I c) 0 -9 27.13 B II 2-7 27.14 C II 0-9 2. If, after its initial quota share has been used up, 90% or more of the second quota share drawn
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by a Member State has been used up, that Member It shall ensure that the drawing which uses up the State shall, in the manner provided for in reserve is limited to the balance available and to paragraph 1 , draw a third quota share, equal to this end shall specify the amount thereof to the 7-5% of its initial quota share, rounded up where Member State making the last drawing. necessary to the next unit.
Article 8 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 Member States shall take all necessary measures to State shall, in the same manner, draw a fourth ensure that additional shares taken up under Article quota share equal to the third. 4 are so drawn as to allow for uninterrupted charges against their accumulated shares of the Community This procedure shall be followed until the reserve quota . has been used up .
SECTION II 4. Notwithstanding paragraphs 1 to 3 , a Member State may draw smaller shares than those fixed in these paragraphs if there is reason to believe that Provisions applicable to the new Member States those fixed might not be used up. It shall inform the Commission of its reasons for applying this paragraph. Article 9
Article 5 Within the tariff quota referred to in Article 1 , the new Member States shall apply duties calculated in accordance with the relevant provisions of the Act Additional quota shares drawn pursuant to of Accession , the Agreement and the Protocol . Article 4 shall be valid until 31 December 1975 .
Article6¶
A Member State which on 15 September 1975 has Under the quota, 160 000 metric tons shall be not used up its initial quota share shall return to allocated among the new Member States as follows : the reserve not later than 10 October 1975 the unused portion exceeding 20% of the initial amount. Denmark 5 000 metric tons It may return a greater portion if there is reason to Ireland 5 000 metric tons believe that it may not be used up . United Kingdom 150 000 metric tons
Member States shall, not later than 10 October 1975 , notify the Commission of the total quantities of the SECTION III products in question imported up to and including 15 September 1975 and charged against the Com munity tariff quota and any quantities returned to General provisions the reserve .
Article11¶
The Commission shall keep an account of the quota 1 . Every Member State shall take all measures shares opened by the Member States pursuant to necessary to ensure that importers of the products Articles 3 and 4 and shall , as soon as information in question established in their territory have free access to the shares allocated to it. reaches it, inform each State of the extent to which the reserve has been used up . 2 . The extent to which a Member State has used It shall, not later than 15 October 1975 , inform the up its shares shall be determined on the basis of Member States of the amount still in the reserve after the importations of the products in question entered returns have been made pursuant to Article 6. with the customs authorities for home use.
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Article 12 collaborate closely in order to ensure that this Regulation is respected . Member States shall regularly inform the Com mission of imports of products refined in the Arab Republic of Egypt actually charged against their quota shares. Article 14 Article 13 This Regulation shall enter into force on Member States and the Commission shall 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