31976R3053

20 . 12 . 76 Official Journal of the European Communities No L 350/ 101

COUNCIL REGULATION (EEC) No 3053/76 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 Turkey ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the rate laid down for the said quotas to all imports of the products in question into all Member States should be guaranteed until the quotas are exhausted ; whereas utilization of this quota, based on allocation Having regard to the Treaty establishing the Euro­ between Member States, would appear to safeguard pean Economic Community, and in particular Article the Community character of the said quota as regards 113 thereof, the principles described above ; whereas in order to ensure that such allocation takes as much account Having regard to the proposal from the Commission, as possible of the actual development of the market of the products concerned, the allocation of shares should be in direct proportion to ohe needs of Whereas, pending the entry into force of the Sup­ Member States, calculated, on the one hand, on the plementary Protocol signed in Ankara on 30 June basis of statistics relating to imports from Turkey 1973 containing the adjustments to be made to the during a given representative period and, on the Agreement establishing an association between the other, on the basis of the economic prospects for European Economic Community and Turkey and to the quota period considered ; the Additional Protocol ( 1 ) consequent on the acces­ sion of new Member States, the Community has undertaken, in an Interim Agreement (2 ) which runs Whereas, during the last three years for which only for the period prior to the entry into force of complete statistics are available, imports of these products from Turkey into the various Member States this Supplementary Protocol , which is applicable until were as follows : 31 December 1974 but which has been extended for 1977 in accordance With the terms laid down in (in metric tons Article 13 thereof, to implement certain provisions of the Supplementary Protocol relating to trade in 197 ? 197 4 1975 goods ; whereas under Article 6 of the Interim Agree­ Benelux — 15 000 50 000 ment amending the first paragraph of the Sole Article of Annex 1 to the Additional Protocol , the Com­ __ Denmark 12 000 20 026 munity must totally suspend the customs duties ap­ plicable to certain petroleum products falling within Germany 300 000 46 534 35 000 Chapter 27 of the Common Customs Tariff, refined — — — France in Turkey, within the limit of an annual Community Ireland — — — tariff quota of 340 000 metric tons ; whereas pursuant to Article 2 of the abovementioned Interim Agree­ Italy 134 035 12 252 19 409 ment, the new Member States must apply zero duties to the products concerned ; whereas, furthermore, United Kingdom 40 000 17 000 24 729 provision must be made for the provisional adjust­ ment of the volume of the aforementioned tariff for these products, increasing it to 391 000 metric tons whereas this information indicates that imports of for 1977 ; these products are very irregular and that the calcula­ tion of the percentages which they represent in rela­ Whereas equal and direct access to the said quota tion to the total imports into the Community of the by all importers and the uninterrupted application of same products from Turkey would not therefore be significant ; whereas the calculation of the imports from Member States in question for the quota period (») OJ No L 293, 29. 12. 1972, p. 4. considered proves difficult as a result of the irregular­ («) OJ No L 277, 3 . 10. 1973, p . 2. ity noted in imports during the foregoing years ;

No L 350/102 Official Journal of the European Communities 20. 12.76

whereas the foreseable import figures put forward the extent to which the quota amounts are used and by the Member States for the quota period concerned inform Member States thereof; leads to che quota considered being allocated accord­ ing to the percentages indicated hereinafter: Whereas if, at a specified date in the quota period, Benelux 16-55 a considerable balance of one of the initial shares Denmark 4-14 remains in one or other Member State, it is essential 42-07 that that Member State pay a certain percentage of Germany it back into the reserve, in order to avoid a part of France 8-28 the Community quota remaining unused in one Ireland 4-14 Member State when it could be used in others ; Italy 12-41 United Kingdom 12-41 Whereas it does not seem possible for the moment, taking into account the differences still existing in the Whereas to take into account the uncertainty in the national provisions governing the market of the development of imports of the said products into products in question, to lay down a single method Member States, the quota amount should be divided of administration ; into two instalments, the first instalment being allocated between the Member States and the second Whereas, since the Kingdom of Belgium, the Kingdom forming a reserve intended to meet subsequently the needs of the Member States which have exhausted of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux their original share of the quota ; whereas in order Economic Union, any measure concerning the to ensure some security to importers in each Member administration of the quota shares allocated to chat State, the first instalment of the Community quota economic union may fee carried out by any of its should be fixed at a relatively high level which, under members, the circumstances, might amount to approximately 75% of the quota volume ;

Whereas the initial quota shares of those Member HAS ADOPTED THIS REGULATION : States may be used up at different times ; whereas, in order to take this fact into account and avoid any break in continuity, it is important that any Member State having used up almost the whole of its initial Article 1 quota share should draw an additional quota share from the reserve; whereas this must be done by each Member State as and when each of its additional 1 . Subject to any measures taken under para­ quota shares is almost entirely used up, and repeated graphs 2 and 4 of the single article of Annex 1 to the as many times as che . reserve allows ; whereas the Additional Protocol between the European Economic initial and additional quota shares must be available Community and Turkey, a Community tariff quota for use until the end of the quota period, whereas of 391 000 -metric tons shall be opened from such method of administration calls for close 1 January until 31 December 1977 for the following cooperation between Member States and the Com­ petroleum products, refined in Turkey and falling mission, which must, in particular, be able to observe within Chapter 27 of the Common Customs Tariff:

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 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

20. 12. 76 Official Journal of the European Communities No L 350/103

* 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.

2. Within the Community tariff quota, Common 2. A first instalment, amounting to 290 000 metric Customs Tariff duties shall be totally suspended. tons, shall be shared among the Member States ; the shares which, subject to Article 5 shall be valid until 31 December 1977, shall consist of the following Within the limits of the quota, the new Member amounts :. States shall also exempt the petroleum products concerned from duty. Benelux 48 000 metric tons, Denmark 12 000 metric tons, Germany 122 000 metric tons, Article 2 France 24 000 metric tons, Ireland 12 000 metric tons, 1 . The tariff quota referred to Article 1 (1 ) shall be Italy 36 000 metric tons, divided into two instalments. United Kingdom 36 000 metric tons.

No L 350/ 104 Official Journal of the European Communities 20. 12. 76

3 . The second instalment of 101 000 metric tons of their original quota share that is being returned shall constitute the reserve. to the reserve.

Article3¶

1 . If 90% or more of one of the initial shares of The Commission shall keep account of the initial a Member State, as laid down in Article 2 (2), or share opened by Member States in accordance with 90% of that share less the amount returned into the Articles 2 and 3 and shall inform each of them of reserve, where the provisions of Article 5 have been the extent to which the reserves have been used as applied, has been exhausted, chat Member State soon as it receives the notifications . concerned shall proceed without delay, by notifying the Commission to draw a second share equal to 10% of its initial share, where appropriate rounded The Commission shall, not later than 5 October 1977, up to the next figure, to the Extent that the amount notify Member States of the state of the reserve in the reserve allows. after the return of quota shares pursuant to Article 5.

2. If, after its initial share has 'been exhausted, 90% The Commission shall ensure that any drawing which or more of the second share drawn by a Member uses up the reserve is limited to the balance available State has been used, chat Member State shall proceed, and, for this purpose shall specify the amount thereof under the conditions laid down in paragraph 1 , to to the Member State which makes the final drawing. draw a third share equal to 5% of its initial share, where appropriate rounded up to the next figure. Article 7

3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member 1 . Member States shall take all appropriate measures State has been used, that Member State shall proceed, to ensure that shares drawn pursuant to Article 3 under the same conditions, to draw a fourth share are opened in such a way that importations may be equal to the third. charged without interruption against their accumu­ lated shares of the relevant Community quota. This procedure shall be followed until the reserve has been exhausted. 2. Member States shall take alii measures necessary to ensure that importers of the products in question established in their territories have free access to the 4. Notwithstanding the provisions of paragraphs 1 , shares allocated to them. 2 and 3 , Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is reason to believe that those shares might not be 3 . The extent to which a Member State has used used up. They shall inform the Commission of the up its quota shares shall be determined on the basis reasons which led them to apply this paragraph. of the importations of the products in question entered with the customs authorities for home use.

Article 4 Article 8 Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977. On receipt of a request from the Commission, Member States shall inform it of imports actually Article S charged against their shares.

The Member States shall return to the reserve, not Article 9 later than 1 October 1977, the unused portion of their initial share which, on 15 September 1977, is The Member States and the Commission shall in excess of 20% of the initial amount. They may . return a greater portion if there are grounds for cooperate closely to ensure that this Regulation is observed. believing that such quantity may not be used in full.

The Member States shall, not later than 1 October Article 10 1977, notify the Commission of the total imports of the products concerned effected up to and including 15 September 1977 and charged against the Com­ This Regulation shall enter into force on munity quota and, where appropriate, the proportion 1 January 1977.

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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