31975R3146
8 . 12 . 75 Official Journal of the European Communities No L 317/27
REGULATION ( EEC) No 3146/75 OF THE COUNCIL
of 24 November 1975 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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , market of the products concerned, the allocation of shares should be in direct proportion to the needs of Member States, calculated, on the one hand, on the basis of statistics relating to imports from Turkey Having regard to the Treaty establishing the during a given representative period and, on the European Economic Community, and in particular other, on the basis of the economic prospects for Article 113 thereof ; the quota period considered ; Having regard to the proposal from the Commission ; Whereas , during the last three years for which complete statistics are available, imports of these Whereas, pending the entry into force of the products from Turkey into the various Member Supplementary Protocol , signed in Ankara on States were as follows : 30 June 1973 , containing the adjustments to be made to the Agreement establishing an association between (in metric tons) the European Economic Community and Turkey and 1972 1973 1974 to the Additional Protocol (1 ) consequent on the accession of new Member States , the Community has Benelux 96 222 15 000 undertaken, in an Interim Agreement (2 ) which runs only for the period prior to the entry into force of Denmark 12 000 this Supplementary Protocol, which is applicable Germany 300 000 300 000 46 534 until 31 December 1974, but which has been extended France for 1976 in accordance with the terms laid down in Article 13 thereof, to implement certain provisions Ireland of the Supplementary Protocol relating to trade in 110 162 134 035 12 252 Italy goods ; whereas under Article 6 of the Interim United Kingdom 38 200 40 000 17 000 Agreement amending the first paragraph of the sole Article of Annex 1 to the Additional Protocol , the Community must totally suspend the customs duties applicable to certain petroleum products, falling whereas this information indicates that imports of within Chapter 27 of the Common Customs Tariff, these products are very irregular and that the refined in Turkey, within the limit of an annual calculation of the percentages which they represent Community tariff quota of 340 000 metric tons ; in relation to the total imports into the Community whereas pursuant to Article 2 of the abovementioned of the same products from Turkey would not Interim Agreement, the new Member States must therefore be significant ; whereas the calculation of apply zero duties to the products concerned ; the imports from Member States in question for the quota period considered proves difficult as a result of the irregularity noted in imports during the Whereas equal and direct access to the said quota by foregoing years ; whereas the foreseeable import all importers and the uninterrupted application of figures put forward by the Member States for the the rate laid down for the said quotas to all imports quota period concerned leads to the quota of the products in question into all Member States considered being allocated according to the should be guaranteed until the quotas are exhausted ; percentages indicated hereinafter : whereas utilization of this quota, based on allocation between Member States, would appear to safeguard Benelux 16-55 the Community character of the said quota as Denmark 4-14 regards the principles described above ; whereas in order to ensure that such allocation takes as much Germany 42-07 account as possible of the actual development of the France 8-28 Ireland 4-14 Italy 12-41 (!) OJ No L 293 , 29 . 12. 1972, p . 4 . (2) OJ No L 277, 3 . 10. 1973 , p . 2 . United Kingdom 12-41
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Whereas to take into account the uncertainty in the it back into the reserve, in order to avoid a part of development of imports of the said products into the Community quota remaining unused in one Member States, the quota amount should be divided, Member State when it could be used in others ; into two instalments , the first instalment being allocated between the Member States, and the Whereas it does not seem possible for the moment, second instalment forming a reserve intended to meet taking into account the differences still existing in subsequently the needs of the Member States which the national provisions governing the market of the have exhausted their original share of the quota ; products in question, to lay down a single method whereas in order to ensure some security to importers of administration; in each Member State , the first instalment of the Community quota should be fixed at a relatively high level which, under the circumstances, might Whereas since the Kingdom of Belgium, the Kingdom amount to approximately 85% of the quota volume ; of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union, any measure concerning Whereas the initial quota shares of those Member the administration of the quota shares allocated to States may be used up at different times ; whereas, in that economic union may be carried out by any of order to take this fact into account and avoid any its members , break in continuity, it is important that any Member State having used up almost the whole of its initial quota share should draw an additional quota share from the reserve ; whereas this must be done by each Member States as and when each of its additional HAS ADOPTED THIS REGULATION : quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initital and additional quota shares must be available for use until the end of the quota period, whereas such method of administration calls for close Article 1 cooperation between Member States and the Com mission , which must, in particular, be able to observe the extent to which the quota amounts are used and 1 . Subject to any measures taken under paragraphs 2 and 4 of the sole Article of Annex 1 to the Additional inform Member States thereof ; Protocol between the European Economic Com munity and Turkey, a Community tariff quota of Whereas if, at a specified date in the quota period, 340 000 metric tons shall be opened from 1 January a considerable balance of one of the initial shares to 31 December 1976 for the following petroleum remains in one or other Member State, it is essential products, refined in Turkey and falling within that that Member State pay a certain percentage of Chapter 27 of the Common Customs Tariff :
CCT Description heading 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 mine rals , 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
8 . 12 . 75 Official Journal of the European Communities No L 317/29
CCT Description heading No
27.10 III . Lubricating oils ; other oils : (cont'd) c) To be mixed in accordance with the terms of Additional Note 7 to Chapter 27 (a) d) For other purposes
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
(a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
2. Within the Community tariff quota, Common Benelux 48 000 metric tons, Customs Tariff duties shall be totally suspended. Denmark 12 000 metric tons , Germany 122 000 metric tons , Within the limits of the quota, the new Member France 24 000 metric tons , States shall also exempt the petroleum products concerned from duty . Ireland 12 000 metric tons , Italy 36 000 metric tons , United Kingdom 36 000 metric tons .
Article 2 3 . The second instalment of 50 000 metric tons shall constitute the reserve . 1 . The tariff quota referred to Article 1 ( 1 ) shall be divided into two instalments . Article 3 2. A first instalment, amounting to 290 000 metric tons, shall be shared among the Member States ; 1 . If 90% or more of one of the initial shares of the shares which, subject to Article 5 shall be valid a Member State, as laid down in Article 2 ( 2 ), or until 31 December 1976, shall consist of the 90% of that share less the amount returned into the following amounts : reserve, where the provisions of Article 5 have been
No L 317/30 Official Journal of the European Communities 8 . 12 . 75
applied, has been exhausted, that Member State Article 6 concerned shall proceed without delay, by notifying the Commission to draw a second share equal to The Commission shall keep account of the initial 10% of its initial share, where appropriate rounded share opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of up to the next figure, to the extent that the amount in the reserve allows . the extent to which the reserves have been used as soon as it receives the notificatio'ns . 2 . If, after its initial share has been exhausted, 90% The Commission shall , not later than 5 October 1976, or more of the second share drawn by a Member notify Member States of the state of the reserve after State has been used, that Member State shall proceed , under the conditions laid down in the return of quota shares pursuant to Article 5 . paragraph 1 , to draw a third share equal to 5% of The Commission shall ensure that any drawing which its initial share, where appropriate rounded up to uses up the reserve is limited to the balance the next figure . available and for this purpose shall specify the amount thereof to the Member State which makes 3 . If, after its second share has been exhausted, the last drawing. 90% or more of the third share drawn by a Member State has been used, that Member State shall proceed, under the same conditions, to draw a fourth share Article 7 equal to the third . 1 . The Member States shall take all appropriate This procedure shall be applied until the reserve is measures to ensure that when additional shares are exhausted . drawn pursuant to Article 3 , it is possible for charges to be made without interruption against their 4. Notwithstanding the provisions of paragraphs accumulated share of the Community quota. 1 , 2 and 3 , Member States may proceed to draw shares smaller than those fixed in those paragraphs 2 . The Member States shall take all measures if there is reason to believe that those shares might necessary to ensure that importers of the products not be used up . They shall inform the Commission in question established in its territory have free of the reasons which led them to apply this access to the shares allocated to it. paragraph. 3 . The extent to which a Member State has used Article 4 up its quota shares shall be determined on the basis of the importations of the products in question Each of the additional shares drawn pursuant to entered with the customs authorities for home use . Article 3 shall be valid until 31 December 1976 .
Article 8 Article 5 On receipt of a request from the Commission, Mem The Member States shall return to the reserve, not ber States shall inform it of imports actually charged later than 1 October 1976, the unused portion of against their shares . their initial share which, on 15 September 1976, is in excess of 20% of the initial amount. They may Article 9 return a greater portion if there are grounds for believing that such quantity may not be used in full . The Member States and the Commission shall The Member States shall, not later than 1 October cooperate closely in order to ensure that this 1976, notify the Commission of the total imports of Regulation is observed. the products concerned effected up to and including 15 September 1976, and charged against the Com Article 10 munity quota and, where appropriate, the proportion of their original quota share that is being returned This Regulation shall enter into force on 1 January to the reserve . 1976 .
This Regulation shall be binding in its entirety and directly applicable in all Member" States .
Done at Brussels, 24 November 1975 .
For the Council The President B. VISENTINI