31976R3040

No L 350/44 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3040/76 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 the Arab Republic of Egypt ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the Community tariff quotas in question should be opened for the year 1977, and whereas however, because of the possibility of implementing other preferential arrangements as a result of a new Agreement between the European Economic Com­ Having regard to the Treaty establishing the Euro­ munity and Egypt, it is necessary to confine the pean Economic Community, and in particular Article period of validity of these tariff quotas to such period 1 13 thereof, as it is not covered by the new Agreement;

Having regard to the proposal from the Commission ,

Whereas as regards the Community as originally con­ stituted : Whereas the Agreement between the European Economic Community and the Arab Republic of Egypt 0 ) and the Protocol laying down certain provisions relating to the Agreement between the — equal and uninterrupted access to the quota European Economic Community and the Arab Re­ should be ensured for all importers and quota public of Egypt consequent on the accession of new duties applied continuously to all imports of the Member States to the European Economic Com­ said products until the quota has been used up, munity (2), provide for the opening of an annual 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 — in the light of the above principles the Community Republic of Egypt; whereas the Protocol provides nature of the quota may best be preserved by that the tariff quota should be allocated among the an arrangement allocating it among the Member Member States as follows : 200 000 metric tons for the States ; whereas in order to provide the most ac­ curate reflection of actual market trends for the Community as originally constituted, 5 000 metric tons for Denmark, 5 000 metric tons for Ireland and said products, such allocation should be propor­ 150 000 metric tons for the United Kingdom ; where­ tionate to the needs of the Member States, cal­ culated both from the statistics for each Member as Annex I to the Agreement provides that the duties applicable to tthe quota shall be equal to 45% of the State's imports from the Arab Republic of Egypt duties of the Common Customs Tariff ; whereas as over a representative reference period and from regards the duties applicable to the quota by the new economic prospects for the quota period in Member States, the special provisions of the Protocol question , and of the Act of Accesssion should be complied with ; whereas to comply with the special provisions of the Protocol, separate arrangements should be — in view of the fact however that over the past made for the Member States of the Community as three years the said products have been imported originally constituted, on the one hand , and for the into only two Member States and in small quan­ new Member States, on the other; tities, and that no estimates can be made for 1977 and in order to ensure a fair distribution among the Member States concerned, the initial percent­ age share, having regard to the potential demand H OJ No L 251 , 7. 9. 1973 , p. 2. for the said products in the various Member (2) OJ No L 251 , 7. 9. 1973, p. 87. States, should be approximately 25% each,

20. 12. 76 Official Journal of the European Communities No L 350/45

— in order to take account of import trends for the — since the Kingdom of Belgium, the Kingdom of products in question in the Member States con­ the Netherlands and the Grand Duchy of Luxem­ cerned, the quota amount should be divided into bourg are united in and represented by the Bene­ two instalments, the first instalment being allo­ lux Economic Union, any measure concerning the cated among the same Member States and the administration of the quota shares allocated to second constituting a reserve intended to cover that economic union may be carried out by any the later requirements of Member States which of its members ; have used up their initial quota shares ; whereas in order to ensure a certain degree of security to importers in each Member State, the first Whereas, as regards the new Member States : instalment of the quota should be fixed in this case at approximately 70% , — the quota duties shall be calculated by the new Member States in accordance with Articles 3 and 4 of the Protocol, — the initial quota shares may be used up at different rates ; whereas, therefore, to avoid disruption of — equal and uninterrupted access to the quota supplies, any Member State which has almost should be ensured for all importers and quota used up its initial quota share, must draw an duties should be applied continuously to all im­ additional quota share from the reserve ; whereas ports of the products in question until the quota this must be done by each Member State as each has been used up, one of its additional quota shares is almost used up, and as many times as the reserve allows ; whereas the initial and additional quota shares , shall be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States con­ HAS ADOPTED THIS REGULATION : cerned and the Commission, and the Commission must be in a position to follow the extent to which the quota volume has been used up and inform the Member States thereof, Article 1

Subject to any measures which may be taken in application of Article 3 (2) and (4) of Annex I to — if, at a given date in the quota period, a consider­ the Agreement . between the European Economic able quantity of the initial quota share is left Community and the Arab Republic of Egypt, a Com­ over in one of the Member States concerned, it is munity tariff quota of 360 000 metric tons shall be essential that that State should return a significant opened from 1 January until the date of entry into proportion to the reserve, to prevent a part of the force of a new Agreement between the European quota allocated to the Community as originally Economic Community and Egypt, but not later than constituted from remaining unused in one Mem­ 31 December 1977, for the products listed below ber State when it could be used in others, refined in the Arab 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 bituminous min­ erals, these oils being the basic constituents of the preparations A. Light oils : III. For other purposes B. Medium oils : III. For other purposes

No L 350/46 Official Journal of the European Communities 20. 12. 76

CCT heading Description No

27.10 C. Heavy oils : (cont'd) 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

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 accordance with the following provisions.

SECTION I

Provisions applicable to the Community as originally constituted

Article2¶

Common Customs Tariff duties shall be partially suspended at the rates indicated below for 200 000 metric tons of the quota referred to in Article 1 :

20. 12. 76 Official Journal of the European Communities No L 350/47

3 . If, after its second quota share has been used up, Rate of duty CCT heading No 90% or more of the third quota share drawn by a (% ) Member State has been used up, that Member State shall, in the same manner, draw a fourth quota share 27.10 A III 2-7 equal to the third. 27.10 B III 2-7 This process shall be applied until the reserve is ex­ 27.10 C I c) 1-5 hausted .

27.10 C II c) 1-5 4. Notwithstanding paragraphs 1 , 2 and 3 , the 27.10 C III c) 1-8 Member States may proceed to draw shares smaller 27.10 C III d) 2-7 than those fixed in those paragraphs if there is reason to believe that they might not be used up. They 27.11 B I c) 0-6 shall inform the Commission of the reasons which 27.12 A III 0-9 led them to apply this paragraph.

27.12 B 3-1 Article 5 27.13 B I c) 0-9 27.13 B II 2-7 Each of the additional shares drawn pursuant to 27.14 C II 0-9 Article 4 shall be valid until the date defined in Article 1 .

Article6¶

The Member States shall return to the reserve, not 1 . A first instalment, amounting to 140 000 metric later than 1 October 1977, the unused portion of tons of the amount mentioned in Article 2, shall be their initial share which, on 15 September 1977, is in allocated among the Member States ; the shares, excess of 20% of the initial amount. They may re­ which subject to Article 6 are valid until the date turn a greater portion if there are grounds for be­ defined in Article 1 , are as follows : lieving that such portion may not be used in full . Germany 35 000 metric tons, Benelux The Member States shall, not later than 1 October 30 000 metric tons, 1977, notify the Commission of the total imports France 35 000 metric tons, of the said goods effected up to and including Italy 40 000 metric tons. 15 September 1977, and charged against the Com­ munity quota and, where appropriate, the proportion 2. The second instalment of 60 000 metric tons shall of their initial share that is being returned to the constitute the reserve. reserve .

Article4¶

1 . If 90% or more of a Member State's initial quota The Commission shall keep account of the shares share specified in Article 3 ( 1 ), or of that share less opened by Member States in accordance with Articles 3 and 4 and shall inform each State of the the portion returned to the reserve where Article 6 is applied, has been used up, that Member State shall extent to which the reserve has been used up as soon as it receives the notifications. without delay, by notifying the Commission, draw a second quota share, to the extent that the reserve is sufficient, equal to 15% of its initial quota share, The Commission shall, not later than 5 October rounded up to the next unit where necessary. 1977, notify the Member States of the amount in reserve after the return of shares pursuant to Article 6 . 2. If, after its initial quota share has fceen used up, 90% or more of the second quota share drawn by a Member State has been used up, that Member State The Commission shall ensure that any drawing shall, in the manner provided for in paragraph 1 , which uses up the reserve is limited to the balance draw a third quota share, equal to 7-5% of its initial available and, for this purpose, shall specify the quota share, rounded up where necessary to the next amount thereof to the Member State which makes unit. the last drawing.

No L 350/48 Official Journal of the European Communities 20. 12. 76

Article 8 SECTION III General provisions The Member States shall take all appropriate measures to ensure that when additional shares are drawn pursuant to Article 4 it is possible for imports to be Article 11 counted without interruption against their accumu­ lated shares of the Community tariff quotas. 1 . Every Member State shall take all measures necessary to ensure that importers of the products in question established in their territory have free access to the shares allocated to it. SECTION II 2. The extent to which a Member State has used up its shares shall be determined on the basis of the Provisions applicable to the new Member States importations of the products in question entered with the customs authorities for home use .

Article9¶

Within the tariff quota referred to in Article 1 , the On receipt of a request from the Commission, Mem­ new Member States shall apply duties calculated in ber States shall notify it of imports of products re­ accordance with the relevant provisions of the Act of fined in the Arab Republic of Egypt actually charged Accession, the Agreement and the Protocol. against their quota shares.

Article 13 Article 10 Member States and the Commission shall collaborate Under the quota, 160 000 metric tons shall be allo­ closely in order to ensure that this Regulation is cated among the new Member States as follows : respected.

Denmark 5 000 metric tons, Article 14

Ireland 5 000 metric tons, This Regulation shall enter into force on 1 January United Kingdom 150 000 metric tons. 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