31977R3008

31 . 12 . 77 Official Journal of the European Communities No L 355/7

COUNCIL REGULATION (EEC) No 3008/77 of 20 December 1977 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 ( 1978)

THE COUNCIL OF THE EUROPEAN Whereas, during the last three years for which statis­ COMMUNITIES, tics are available, the corresponding imports by each of the Member States represent the following percen­ tages of the imports into the Community from, Spain Having regard to the Treaty establishing the European of the products concerned : Economic Community, and in particular Article 113 thereof, Member States 1974 1975 1976

Having regard to the proposal from the Commission, Benelux 22-1 22-8 24-8 Denmark 00 0-0 0-0 Germany 45-4 54-4 32-4 France 91 0-9 8-5 Whereas the Agreement between the European Ireland 00 0-0 0-0 Economic Community and Spain ('), provides in Italy 4-7 4-3 6-4 Article 2 ( 1 ) together with Article 3 of Annex I, for United Kingdom 18-8 17-6 27-9 the opening by the Community of an annual total Community tariff quota of 1 200 000 tonnes of certain petroleum products falling within Chapter 27 of the Common Customs Tariff, refined in Spain ; whereas, pursuant to Article 2 of the said Annex, the quota Whereas, in vew of these factors, of the foreseeable duty is equal to 40 % of the Common Customs Tariff development of the market for the products in ques­ duties ; whereas this preferential tariff arrangement tion and in particular of the estimates submitted by has been provided only for imports of these products certain Member States, initial quota shares may be into the Member States of the Community in its orig­ fixed approximately at the following percentages : inal composition ; whereas, according to the Act of Accession, imports of these products into the three Benelux 22-77 new Member States are subject to the rates of duty of Denmark 7-14 the Common Customs Tariff from 1 July 1977 ; Germany 42-86 whereas the import arrangements relating to these France 6-07 products should be uniform throughout the Commu­ Ireland 0-18 nity ; whereas the aforementioned annual quota Italy 4-91 volume should be increased to 1 400 000 tonnes ; United Kingdom 16-07 ; whereas this Community tariff quota should be opened for 1978 ; Whereas, to take account of future import trends in the various Member States of the product under Whereas it is in particular necessary to ensure for all consideration, the total quota volume should be Community importers equal and uninterrupted access divided into two tranches, the first being shared to the abovementioned quota and uninterrupted appli­ between the Member States and the second held as a cation of the rate laid down for that quota to all reserve to cover at a later date the requirements of imports of the product concerned into all Member those Member States having used up their initial States until the quota has been used up ; whereas, share ; whereas to give importers in each Member having regard to the principles mentioned above, the State a certain degree of security, the first tranche of Community nature of the quota can be respected by the Community quota might be fixed at about 80 % allocating the Community tariff quota among the of the quota volume ; Member States ; whereas, to represent as closely as possible the actual development of the market in the products in question, the allocation should follow Whereas the initial shares of Member States may be proportionately the requirement of the Member States used up more or less quickly ; whereas, therefore, to calculated from both statistics of imports from Spain avoid disruption of supplies any Member State which during a representative period and the economic has almost used up its initial share, must draw a outlook for the tariff period in question ; supplementary share from the reserve ; whereas this must be done by each Member State as each one of its (') OJ No L 182, 16. 8 . 1970, p. 2. supplementary shares is almost used up, and as many

No L 355/8 Official Journal of the European Communities 31 . 12. 77

times as the reserve allows ; whereas the initial and Benelux Economic Union any measure concerning supplementary shares must be valid until the end of the administration of the shares allocated to that the quota period ; whereas this form of administration economic union may be carried out by any one of its requires close collaboration between the Member members, States 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 HAS ADOPTED THIS REGULATION : Member States thereof ; Whereas if, at a given date in the quota period, a Article 1 considerable quantity of the initial share is left over in a Member State, it is essential that each state should From 1 January 1978 until 31 December 1978 and subject to the measures which might be taken return a significant proportion to the reserve, to pursuant to Article 3 (2) and (4) of Annex I to the prevent a part of the Community quota from Agreement between the European Economic Commu­ remaining unused in one Member State while it could be used in others ; nity and Spain, the Common Customs Tariff duties in respect of the products refined in Spain and listed Whereas since the Kingdom of Belgium, the below shall be suspended partially at the levels indi­ Kingdom of the Netherlands and the Grand Duchy of cated for each of them, within the limits of a global Luxembourg are united in and represented by the Community tariff quota of 1 400 000 tonnes :

CCT Rate of heading Description duty 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 petro­ leum 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 Addi­ tional 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

27.12 Petroleum jelly : A. Crude : III. For other purposes 0-8 B. Other 2-8

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

31 . 12. 77 Official Journal of the European Communities No L 355/9

CCT Rate of heading Description duty No (%)

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 3 . If, after its second share has been used up, 90 % or more of the third share drawn by a Member State 1 . The first tranche, amounting to 1 120 000 tonnes has been used up, that Member State shall in accor­ of the Community tariff quota referred to in Aricle 1 , dance with the same conditions, draw a fourth share shall be allocated among the Member States ; the equal to the third. respective shares which, subject to Article 5, shall be valid until 31 December 1978 shall consist of the This process shall continue to apply until the reserve following amounts : is used up. (tonnes) Benelux 2 55 000 4. By derogation from paragraphs 1 , 2 and 3, the Denmark 80 000 Member States may proceed to draw shares smaller Germany 480 000 than those fixed therein , if there is reason to believe France 68 000 that those shares might not be used up. They shall Ireland 2 000 inform the Commission of the reasons which led Italy 55 000 them to apply this paragraph . United Kingdom 180 000 .

Article 4 2. The second tranche, amounting to 280 000 tonnes, shall constitute a reserve . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . Article 3

1 . If 90 % or more of one of a Member State's Article 5 initial share as specified in Article 2 ( 1 ), or of that share minus the portion returned to the reserve where The Member States shall return to the reserve, not Article 5 is applied, has been used up, that Member State shall without delay, by notifying the Commis­ later than 1 October 1978, the unused portion of their sion, draw a second share equal to 1 5 % of its initial initial share which, on 15 September 1978 , is in excess of 20 % of the initial amount. They may return share, rounded up where necessary to the next unit, to the extent permitted by the amount of the reserve. a greater portion if there are grounds for believing that such portion may not be used in full . 2. If, after its initial share has been used up, 90 % or more of the second share drawn by a Member State Member States shall , not later than 1 October 1978 , has been used up, that Member State shall, by noti­ notify the Commission of the total quantities of the fying the Commission, draw a third share equal to said goods imported up to and including 15 7-5 % of its initial share, rounded up to the next unit September 1978 and charged against the appropriate where necessary, to the extent permitted by the Community tariff quota and any quantities of the amount of the reserve . initial share returned to the reserve .

No L 355/ 10 Official Journal of the European Communities 31 . 12. 77

Article 6 2. Member States shall ensure that importers of the said goods established in their territory have free The Commission shall keep an account of the shares access to the shares allocated to them . opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, inform 3. Member States shall charge imports of the said each State of the extent to which the reserves have goods against their shares as and when such goods are been used up. entered for home use . It shall inform the Member States not later than 5 October 1978 of the amounts still in reserve after Article 8 amounts have been returned thereto pursuant to On receipt of a request from the Commission, Article 5 . Member States shall inform it of imports actually It shall ensure that the drawing which uses up a charged against their shares. reserve is limited to the balance available and to this end shall specify the amount thereof to the Member Article 9 State making the last drawing. The Member States and the Commission shall coop­ Article 7 erate closely in order to ensure that this Regulation is observed . 1 . Member States shall take all measures necessary to ensure that supplementary shares drawn pursuant Article 10 to Article 3 are opened in such a way that imports may be charged without interruption against their This Regulation shall enter into force on 1 January accumulated shares in the Community tariff quotas. 1978 .

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

Done at Brussels, 20 December 1977. For the Council

The President H. SIMONET