31975R3156
No L 317/62 Official Journal of the European Communities 8 . 12 . 75
REGULATION (EEC ) No 3156/75 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 the Arab Republic of Egypt (1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES, — equal and uninterrupted access to the quota should be ensured for ,all importers and quota duties applied continuously to all imports of the said products until the quota has been used up ; Having regard to the Treaty establishing the Euro pean Economic Community, and in particular Article 113 thereof; — in the light of the above principles the Community nature of the quota may best be preserved by an arrangement allocating it among the Member States ; whereas in order to provide the most Having regard to the proposal from the Commission ; accurate reflection of actual market trends for the said products, such allocation should be pro portionate to the needs of the Member States, Whereas the Agreement (*) between the European calculated both from the statistics for each Economic Community and the Arab Republic of Member State's imports from the Arab Republic Egypt, and the Protocol (2) laying down certain of Egypt over a representative reference period provisions relating to the Agreement between the and from economic prospects for the quota period European Economic Community and the Arab in question ; Republic of Egypt consequent on the accession of new Member States to the European Economic Community, provides for the opening of an annual — in view of the fact however that over the past Community tariff quota of 360 000 metric tons for three years the said products have been imported certain petroleum products, falling within Chapter 27 into only one Member State, and in small quan of the Common Customs Tariff, refined in the Arab tities , and that no estimates can be made for Republic of Egypt ; whereas the Protocol provides 1976 and in order to ensure a fair distribution that the tariff quota should be allocated among the among the Member States concerned , the initial Member States as follows : 200 000 metric tons for percentage share, having regard to the potential the Community as originally constituted, 5 000 metric demand for the said products in the various tons for Denmark, 5 000 metric tons for Ireland and Member States, should be approximately 25% 150 000 metric tons for the United Kingdom ; whereas each ; Annex I to the Agreement provides that the duties applicable to the quota shall be equal to 45% of the duties of the Common Customs Tariff; whereas as — in order to take account of import trends for the regards the duties applicable to the quota by the new products in question in the Member States Member States , the special provisions of the Protocol concerned, the quota amount should be divided and of the Act of Accession should be complied with ; into two instalments, the first instalment being whereas to comply with the special provisions of the allocated among the same Member States, the Protocol , separate arrangements should be made for second instalment constituting a reserve intended the Member States of the Community as originally to cover the later requirements of Member States constituted, on the one hand, and for the new Mem which have used up their initial quota shares ; ber States, on the other; 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 Whereas as regards the Community as originally this case at approximately 70% ; constituted :
— the initial quota shares may be used up at 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
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has almost used up its initial quota share, must Whereas, as regards the new Member States : draw an additional quota share from the reserve ; whereas this must be done by each Member State as each one of its additional quota shares is almost — the quota duties shall be calculated by the new used up, and as many times as the reserve allows ; Member States in accordance with Articles 3 and whereas the initial and additional quota shares 4 of the Protocol ; shall be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States concerned and the Commission, and the Commis — equal and uninterrupted access to the quota sion must be in a position to follow the extent to should be ensured for all importers and quota which the quota volume has been used up and duties should be applied continuously to all inform 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 consider able quantity of the initial quota share is left over HAS ADOPTED THIS REGULATION : in one of the Member States concerned, it is essential that that State should return a significant proportion to the reserve, to prevent a part of the quota allocated to the Community as originally constituted from remaining unused in one Mem ber State when it could be used in others ; Article 1
Subject to any measures which may be taken in — since the Kingdom of Belgium, the Kingdom of application of Article 3 (2) and (4) of Annex I to the the Netherlands and the Grand Duchy of Luxem Agreement between the European Economic Com bourg are united in and represented by the Bene munity and the Arab Republic of Egypt, a Commu lux Economic Union, any measure concerning the nity tariff quota of 360 000 metric tons shall be administration of the quota shares allocated to opened from 1 January to 31 December 1976, for the that economic union may be carried out by any products listed below refined in the Arab Republic of its members ; of Egypt :
CCT 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 mine rals , 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 oils : c) For other purposes II . Fuel oils : c) For other purposes
No L 317/64 Official journal of the European Communities 8 . 12 . 75
CCT heading No Description
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.
The quota shall be allocated and administered in Rate of duty CCT heading No accordance with the following provisions. ( % )
27.10 A III 2-7 27.10 B III 2-7 SECTION I 27.10 C I c) 1-5 27.10 C II c) 1-5 27.10 C III c) 1-8 Provisions applicable to the Community as originally 27.10 C III d) 2-7 constituted 27.11 B I c ) 0-6 27.12 A III 0-9 27.12 B 3-1 Article 2 27.13 B I c) 0-9 27.13 B II 2-7 Common Customs Tariff duties shall be partially 27.14 C II 0-9 suspended at the rates indicated below for 200 000 metric tons of the quota referred to in Article 1 :
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Article3¶
1 . A first instalment, amounting to 140 000 metric The Member States shall return to the reserve, not tons of the amount mentioned in Article 2, shall be later than 1 October 1976, the unused portion of allocated among the Member States ; the shares, their initial share which, on 15 September 1976, is which subject to Article 6 are valid until 31 December in excess of 20% of their initial amount. They may 1976, are as follows : return a greater portion if there are grounds for believing that such portion may not be used in full . Germany 35 000 metric tons , The Member States shall , not later than 1 October Benelux 30 000 metric tons, 1976, notify the Commission of the total quantities France 35 000 metric tons, of the said goods imported up to and including 40 000 metric tons . 15 September 1976, and charged against the Italy appropriate Community tariff quota and any quantities of the initial share returned to the reserve. 2 . The second instalment of 60 000 metric tons shall constitute the reserve.
Article7¶
Article 4 The Commission shall keep account of the shares opened by Member States in accordance with Articles 1 . If 90% or more of a Member State's initial quota 3 and 4 and shall inform each of them of the share specified in Article 3 ( 1 ), or of that share less extent to which the reserve has been used as soon the portion returned to the reserve where Article 6 is as it receives the notifications . applied, has been used up, that Member State shall without delay, by notifying the Commission, draw The Commission shall, not later than 5 October 1976, a second quota share, to the extent that the reserve is sufficient, equal to 15% of its initial quota share, notify Member States of the amount in the reserve rounded up to the next unit where necessary. after the return of shares pursuant to Article 6.
2. If, after its initial quota share has been used up, The Commission shall ensure that any drawing which 90% or more of the second quota share drawn by uses up the reserve is limited to the balance available a Member State has been used up, that Member and for this purpose shall specify the amount thereof State shall, in the manner provided for in paragraph 1 , to the Member State which makes the last drawing. draw a third quota share equal to 7*5% of its initial quota share, rounded up where 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 The Member States shall take all appropriate Member State has been used up, that Member State measures to ensure that, when additional shares are shall , in the same manner, draw a fourth quota share drawn pursuant to Article 4, it is possible for charges equal to the third. to be made without interruption against their accumulated shares of the Community quota. This procedure shall be applied until the reserve is exhausted.
4. Notwithstanding the provisions of paragraphs 1 , SECTION II 2 and 3 , a Member State may proceed to draw shares smaller than those fixed in those paragraphs, if there is reason to believe that those shares might not be used up. They shall inform the Commission of the Provisions applicable to the new Member States reasons which led them to apply this paragraph.
Article9¶
Article 5 Within the tariff quota referred to in Article 1 , the new Member States shall apply duties calculated in Each of the additional quota shares drawn pursuant accordance with the relevant provisions of the Act to Article 4 shall be valid until 31 December 1976. of Accession, the Agreement and the Protocol.
No L 317/66 Official Journal of the European Communities 8 . 12 . 75
Article 10 2. The extent to which a Member State has used up its shares shall be determined on the basis of the Under the quota, 160 000 metric tons shall be importations of the products in question entered with the customs authorities for home use . allocated among the new Member States as follows :
Denmark 5 000 metric tons , Article 12 Ireland 5 000 metric tons , United Kingdom 150 000 metric tons . On receipt of a request from the Commission, Mem ber States shall notify it of imports of products refined in the Arab Republic of Egypt actually charged against their quota shares . SECTION III
Article 13 General provisions The Member States and the Commission shall cooperate closely in order to ensure that this Regu lation is observed . Article 11
1 . Every Member State shall take all measures Article 14 necessary to ensure that importers of the products in question established in their territory have free This Regulation shall enter into force on 1 January access to the shares allocated to it. 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