31975R3155

No L 317/58 Official Journal of the European Communities 8 . 12 . 75

REGULATION (EEC) No 3155/75 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 Spain ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , States calculated from both statistics of imports from Spain during a representative period and the economic outlook for the tariff period in question ;

Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Article Whereas, during the last three years for which 113 thereof ; statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Having regard to the proposal from the Commission ; Spain of the products concerned : *

Whereas the Agreement between the European 1972 1973 1974 Economic Community and Spain, signed at Luxem­ bourg on 29 June 1970, provides in Article 2 ( 1 ) Germany 34-60 49-0 56-0 together with Article 3 of Annex I for the opening by the Community of an annual total Community Benelux 9-10 15-3 27-2 tariff quota of 1 200 000 metric tons of certain France 8-40 11-2 11-1 petroleum products, falling within Chapter 27 of the Common Customs Tariff, refined in Spain ; whereas, Italy 47-90 24-5 5-7 pursuant to Article 2 of the said Annex, the quota duty is equal to 40% of the Common Customs Tariff duties effectively applied in this year in respect of the product concerned ; Whereas, in view of these factors, of the foreseeable development of the market for the products in question and in particular of the estimates submitted Whereas the Community tariff quota in question by certain Member States, initial quota shares may be should be opened for the year 1976 ; whereas, how­ fixed approximately at the following percentages : ever, because of the possibility of implementing after preferential arrangements as a result of a new Agree­ ment between the European Economic Community Germany 39 and Spain, it is necessary to limit the quota period Benelux 17 to the date the new Agreement enters into force ; France 11 Italy 33 Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted ap­ plication of the rate laid down for that quota to all Whereas to take account of future import trends in imports of the product concerned into all Member the various Member States of the product under States until the quota has been used up ; whereas, consideration, the total quota volume should be having regard to the principles mentioned above, the divided into two instalments, the first being shared Community nature of the quota can be respected by between Germany and the Benelux and the second allocating the Community tariff quota among the held as a reserve to cover at a later date the require­ Member States ; whereas, to represent as closely ments of those Member States, having used up their possible the actual development of the market in the initial share ; whereas to give Member State importers products in question, the allocation should follow some certainty, the first instalment of the Community proportionately the requirement of the Member quota might be fixed at 80% of the quota volume;

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Whereas the initial shares of Member States may be bourg are united in and represented by the Benelux used up more or less quickly ; whereas, therefore, to Economic Union, any measure concerning the avoid disruption of supplies any Member State which ' administration of the quota shares allocated to that has almost used up its initial share, must draw a economic union may be carried out by any of its supplementary share from the reserve ; whereas this members , must be done by each Member State as each one of its supplementary shares is almost used up, and as many times as the reserve allows ; whereas the initial and supplementary shares must be valid until the end of the quota period; whereas this form of adminis­ HAS ADOPTED THIS REGULATION : tration requires close collaboration between the Member States and the Commission, and the Com­ mission must be in a position to follow the extent to which the quota volume has been used up and Article 1 inform the Member States thereof ;

From 1 January 1976 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 1976, 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 while 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 indicated for each of them, within the limits of a Whereas, since the Kingdom of Belgium, the Kingdom global Community tariff quota of 1 200 000 metric of the Netherlands and the Grand Duchy of Luxem­ tons :

CCT Rate of duty heading No Description <%)

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

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

No L 317/60 Official Journal of the European Communities 8 . 12 . 75

CCT Rate of duty Description (%) heading No

27.11 Petroleum gases and other gaseous hydrocarbons : B. Other : I. Commercial propane and commercial butane : c) For other purposes 0-6

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 : 0-8 c) For other purposes 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 State shall without delay, by notifying the Com­ mission, draw a second share equal to 15% of its 1 . A first instalment, amounting to 1 000 000 metric initial share, rounded up where necessary to the next unit, to the extent permitted by the amount of the tons of the Community tariff quota referred to in reserve . Article 1 , shall be allocated among the Member States ; the respective shares, which subject to Article 5 shall be valid until the end of the period 2. If, after its initial share has been used up, 90% or stipulated in Article 1 , shall consist of the following more of the second share drawn by a Member State amounts : has been used up, that Member State shall, by notifying the Commission, draw a third share equal Germany 390 000 metric tons , to 7-5% of its initial share, rounded up to the next unit where necessary, to the extent permitted by the Benelux 170 000 metric tons , amount of the reserve . France 110 000 metric tons , Italy 330 000 metric tons . 3 . If, after its second share has been used up, 90% or more of the third share drawn by a Member State 2 . The second instalment of 200 000 metric tons has been used, that Member State shall in accordance shall constitute the reserve . with the same conditions, draw a fourth share equal to the third .

Article 3 This process shall be applied until the reserve is exhausted . 1 . If 90% or more of one of a Member State's initial share as specified in Article 2 ( 1 ), or of that share 4. Notwithstanding the provisions of paragraphs 1 , minus the portion returned to the reserve where 2 and 3 , a Member State may proceed to draw shares Article 5 is applied, has been used up, that Member smaller than those fixed in those paragraphs, if there

8 . 12 . 75 Official Journal of the European Communities No L 317/61

is reason to believe that those shares might not be available and for this purpose shall specify the used up . They shall inform the Commission of the amount thereof to the Member State which makes reasons which led them to apply this paragraph. the last drawing.

Article4¶

Each of the additional shares drawn pursuant to 1 . The Member States shall take all appropriate Article 3 shall be valid until the end of the period measures to ensure that, when additional shares are stipulated in Article 1 . drawn pursuant to Article 3 , it is possible for charges to be made without interruption against their Article 5 accumulated shares of the Community quota.

The Member States shall return to the reserve, not 2. The Member States shall ensure that importers later than 1 October 1976, the unused portion of of the said goods established in their territory have free access to the shares allocated to them . their initial share which, on 15 September 1976, is in excess of 20% of their initial amount. They may return a greater portion if there are grounds for 3 . The Member States shall charge imports of the believing that such portion may not be used in full . said goods against their shares as and when the goods are entered for home use . The Member States shall, not later than 1 October 1976, notify the Commission of the total quantities of the said goods imported up to and including Article 8 15 September 1976, and charged against the appro­ priate Community tariff quota and any quantities of the initial share returned to the reserve . On receipt of a request from the Commission, Member States shall inform it of imports actually charged against their shares. Article 6

Article 9 The Commission shall keep account of the shares opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the The Member States and the Commission shall extent to which the reserve has been used as soon as cooperate closely in order to ensure that this it receives the notifications . Regulation is observed .

The Commission shall, not later than 5 October 1976, notify Member States of the amount in the reserve Article 10 after the return of shares pursuant to Article 5 .

The Commission shall ensure that any drawing This Regulation shall enter into force on which uses up the reserve is limited to the balance 1 January 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