31976R3031

20 . 12 . 76 Official Journal of the European Communities No L 350/5

COUNCIL REGULATION (EEC) No 3031 /76

of 9 December 1976 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 ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, during the last three yedrs for which statistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Spain of the products concerned : Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, 1973 1974 1975

Germany 49-0 56-0 66-1 Benelux 15-3 27-2 27-6 Having regard to the proposal from the Commission, France 11-2 11-1 1-1 Italy 24-5 5-7 5-2

Whereas the Agreement between the European Economic Community and Spain, signed at Luxembourg on 29 June 1970, provides in Article 2 Whereas, in view of these factors, of the foreseeable ( 1 ), together with Article 3 of Annex I, for the development of the market for the products in opening by the Community of an annual total Com­ question and in particular of the estimates submitted munity tariff quota of 1 200 000 metric tons of _ by certain Member States, initial quota shares may certain petroleum products falling within Chapter 27 be fixed approximately at the following percentages : of the Common Customs Tariff, refined in Spain ; whereas, pursuant to Article 2 of the said Annex, the quota duty is equal to 40% of the Common Germany 46 Customs Tariff duties effectively applied in this year Benelux 32 in respect of the product concerned ; whereas the Community tariff quota in question should be France 11 opened for the year 1977 ; Italy 1 1

Whereas, to take account of future import trends in Whereas it is in particular necessary to ensure for all the various Member States of the product under Community importers equal and uninterrupted access consideration , the total quota volume should be to the abovementioned quota and uninterrupted divided into two instalments, the first being shared application of Che rate laid down for that quota to among the Member States and the second all imports of the product concerned into all Member held as a reserve to cover at a later date the States until the quota has been used up ; whereas, requirements of those Member States, having used having regard to the principles mentioned above, the up their initial share ; whereas to give Member State Community nature of the quota can be respected by importers some certainty, the first instalment of the allocating the Community tariff quota among the Community quota might be fixed at about 77% of Member States ; whereas, to represent as closely as the quota volume ; possible the actual development of the market in the products in question, the allocation should follow proportionately tthe requirement of the Member Whereas the initial shares of Member States may be States calculated from both statistics of imports from used up more or less quickly ; whereas, therefore, Spain during a representative period and the to avoid disruption of supplies any Member State economic outlook for the tariff period in question ; whidh has almost used up its initial share, must draw

No L 350/6 Official Journal of the European Communities 20. 12. 76

a supplementary share from the reserve ; whereas Luxembourg are united in and represented by the this must be done by each Member State as each Benelux Economic Union, any measure concerning one of its supplementary shares is almost used up, the administration of tthe quota shares allocated to and as many times as the reserve allows ; whereas that economic union may be carried out by any of the initial and supplementary shares must be valid its members, until the end of the quota period ; whereas this form of administration requires close collaboration between tthe Member States and the Commission, and the Commission must be in a position to follow HAS ADOPTED THIS REGULATION : the extent to which the quota volume has been used up and inform the Member States thereof;

Article 1 Whereas if, at a given date in the quota period, a considerable quantity of the initial share is left over in a Member Staite, it is essential that each From 1 January until 31 December 1977, ¡and subject State should return a significant proportion to the to the measures which might be taken pursuant to reserve to prevent a part of the Community quota Article 3 (2) and (4) of Annex I to the Agreement from remaining unused in one Member State while between the European Economic Community and it could be used in others ; Spain, the Common Customs Tariff duties in respect of the products refined in Spain and listed below shall be suspended partially at the levels indicated Whereas, since the Kingdom of Belgium, the King­ for each of them, within the limits of a global Com­ dom of the Netherlands and the Grand Duchy of munity tariff quota of 1 200 000 metric tons :

CCT Rate of duty 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 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 : 1-4 c) For other purposes 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

27.11 Petroleum gases and other gaseous hydrocarbons : B. Other : 1 . Commercial propane and commercial butane : c) For other purposes 0-6

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

20. 12 . 76 Official Journal of the European Communities No L 350/7

CCT Rate of duty heading Description No ( % )

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 : c) For other purposes 0-8 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 2. If, after its initial share has been exhausted, 90% or more of the second share drawn up by a Member 1 . A first instalment, amounting to 925 000 metric State has been used, that Member State shall proceed, in accordance with the conditions laid down in tons of the Community tariff quota referred to in paragraph 1 , to draw a third share, equal to 7-5% of Article 1 , shall be allocated among the Member its initial share, rounded up to the next unit where States; the respective shares, which subject to Article 5 shall be valid until 31 December 1977, shall consist appropriate, to the extent that the reserve is sufficient. of the following amounts :

Germany 425 000 metric tons , 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State Benelux has been used, that Member State shall proceed in 300 000 metric tons, the same way to draw a fourth share equal to the third . France 100 000 metric tons,

Italy 100 000 metric tons . This process shall be applied until the reserve is exhausted .

2. The second instalment of 275 000 metric tons shall constitute the reserve. 4. Notwithstanding paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is reason Article 3 to ibelieve that they might not be used up. They shall inform the Commission of the reasons which led 1 . If 90% or more of the initial share of a Member them to apply this paragraph. State laid down in Article 2 ( 1 ), or 90% of that share less the amount returned into the reserve where the provisions of Article 5 have been applied, has been Article 4 exhausted , that Member State shall proceed without delay, by notifying the Commission, to draw a second share, equal to 15% of its initial share, Each of the additional shares drawn pursuant to rounded up to the next unit. Article 3 shall be valid until 31 December 1977 .

No L 350/8 Official Journal of the European Communities 20. 12. 76

Article5¶

The Member States shall return to the reserve, not 1 . The Member States shall take all appropriate later t!han 1 October 1977, the unused portion of measures to ensure that, when additional shares are ' their initial share which, on 15 September 1977, is in drawn pursuant to Article 3, it is possible for charges excess of 20% of the initial amount. They may return to be made without interruption against their a greater portion if there are grounds for believing accumulated shares of the Community quota. that such portion may not be used in full. 2. The Member States shall ensure that importers The Member States shall, not later than 1 October of the said goods established in their territory have 1977, notify to the Commission of the total imports free access to the shares allocated to them. of the said goods effected up to and including 15 September 1977, and charged against tlhe Com­ 3 . The Member States shall charge imports of the munity quota and, where appropriate, the proportion said goods against their shares as and when the goods of their initial share that is being returned to the are entered for home use. reserve .

Article 8 Article 6 On receipt of a request from the Commission, The Commission shall keep account of the shares Member States shall inform it of imports actually opened by Member States in accordance with charged against their shares. Articles 2 and 3 and shall inform each of them of the extent to wihioh the reserve has been used as soon as it receives the notifications. Article 9

The Commission shall, not later than 5 October 1977, The Member States and the Commission shall notify Member States of the amount in the reserve cooperate closely in order to ensure that this after the return of shares pursuant to Article 5. Regulation is observed.

The Commission shall ensure that any drawing which Article 10 uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member State which makes the final This Regulation shall enter into force on drawing. 1 January 1977.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 9 December 1976.

For the Council

The President P. J. J. MERTENS