31986R4014

31 . 12 . 86 Official Journal of the European Communities No L 374 / 27

COUNCIL REGULATION ( EEC ) No 4014 / 86 of 16 December 1986

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 and refined in Spain 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , question , such allocation should be in proportion to the requirements of the Member States , calculated by reference to the statistics for imports from Spain over a representative period and also to the economic outlook for the quota period concerned ; Having regard to the Act of Accession of Spain and Portugal , and in particular Articles 30 and 31 thereof,

Whereas , in respect of the last three years for which statistics are available the corresponding imports by each of Having regard to the proposal from the Commission , the Member States represent the following percentages of the imports into the Community from Spain of the products concerned :

Whereas , under Articles 30 and 31 of the Act of Accession , the duties applicable on the import into the Community of Member State 1983 1984 1985 Ten of certain petroleum products falling within Chapter 27 of the Common Customs Tariff and refined in Benelux 4,1 2,4 2,3 Denmark — — — Spain , within the limits of a Community tariff quota of 1 424 000 tonnes , shall be progressively abolished ; Germany 1,1 1,5 1,0 Greece — whereas these duties will be reduced to 77,5 % of the basic 0,3 0,9 France 57,5 23,9 48,9 duties on 1 January 1987 ; whereas , by derogation from — — Ireland 2,8 Article 30 of the Act of Accession , Regulation ( EEC ) No Italy 8,7 8,0 13,4 443 / 86 0 ) provides that the basic duties shall be those United Kingdom 28,3 63,3 31,6 which actually have been applied on 1 January 1986 ; whereas , therefore , to establish the duties applicable on the import of these products , a Community tariff quota should be opened for the period 1 January to 31 December 1987 for 1 424 000 tonnes of these petroleum products refined in Spain , at the duties shown in the list in Article 1 ; Whereas , in view of these factors , and of market forecasts for the products concerned and in particular of the estimates submitted by certain Member States , initial quota shares may be fixed approximately at the following Whereas Article 1 of Protocol 3 annexed to the Act of percentages : Accession provides for particular rules for the import into Portugal of the products in question , originating in Spain ; Benelux 4,3 whereas , consequently , the Community tariff quota is Denmark 2,6 applicable in the Community of Ten ; Germany 2,2 Greece 0,4 France 22,1 Ireland 9,0 Whereas it is in particular necessary to ensure for all Italy 5,4 Community importers equal and uninterrupted access to United Kingdom 54,0 the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the product concerned into all Member States until the quota has been used up ; whereas , having regard to the above Whereas , in order to take into account import trends for principles , the Community nature of the quota can be the products concerned in the various Member States , the respected by allocating the Community tariff quota among quota volume should be divided into two instalments , the the Member States ; whereas , to reflect as accurately as first being shared between the Member States and the possible the true trend of the market of the products in second constituting a reserve to cover at a later date the requirements of Member States which have used up their initial quota shares ; whereas , to give importers in each Member State a certain degree of security , the first (') OJ No L 50 , 28 . 2 . 1986 , p. 9 . instalment of the Community quota might under the

No L 374 / 28 Official Journal of the European Communities 31 . 12 . 86

present circumstances be fixed at about 65 % of the remaining unused in one Member State when it could be quota ; used in others ;

Whereas the Member States' initial shares may be used up Whereas , since the Kingdom of Belgium , the Kingdom of at different times ; whereas , in order to take this fact into the Netherlands and the Grand Duchy of Luxembourg are account and avoid any break in continuity , any Member united within and jointly represented by the Benelux State which has almost used up its initial quota share Economic Union , any operation relating to the should draw an additional share from the reserve ; whereas administration of the quota shares allocated to that this must be done by each Member State as and when each economic union may be carried out by any of its of its additional shares is almost used up , and repeated as members , many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration requires close cooperation between the Member States and the HAS ADOPTED THIS REGULATION : Commission , and the latter must be in a position to monitor the extent to which the quota volume has been used up and to inform the Member States thereof; Article I

Whereas if, at a given date in the quota period , a From 1 January to 31 December 1987 , on import into the substantial quantity of an initial share remains unused in Community of Ten , the customs duties for the following any Member State , it is essential that that Member State products , refined in Spain , shall be suspended at the levels should return a significant proportion to the reserve , to shown below within the limits of a Community tariff quota prevent a part of any Community tariff quota from of 1 424 000 tonnes :

CCT Order No Rate of heading Description No duty ( % )

09.0313 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 1,8 B. Medium oils : III . For other purposes 1,8 C. Heavy oils : I. Gas oil : c ) For other purposes 1,0 II . Fuel oil : c ) For other purposes 1,0 III . Lubricating oils ; other oils : c ) To be mixed in accordance with the terms of Additional Note 7 to this Chapter ( a ) 1,2 d ) For other purposes 1,8

27.11 Petroleum gases and other gaseous hydrocarbons : B. Other : I. Commercial propane and commercial butane : c ) For other purposes 0,4

27.12 Petroleum jelly : A. Crude : III . For other purposes 0,5 B. Other 1,4

31 . 12 . 86 No L 374 / 29 Official Journal of the European Communities

CCT Rate of Order No heading Description No duty ( % )

09.0313 27.13 Paraffin wax , micro-crystalline wax , slack wax , ozokerite , lignite wax , peat wax and (cont'd) other mineral waxes , whether or not coloured : B. Other : I. Crude : c ) For other purposes 0,5 II . Other 1,3

27.14 Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals : C. Other : II . Other 0,5

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

Article 2 3 . If, after its second share has been used up , 90 % or more of the third share drawn by a Member State has been 1 . A first instalment amounting to 926 000 tonnes of the used up , that Member State shall , in accordance with the Community tariff quota referred to in Article 1 shall be conditions laid down in paragraph 1 , draw a fourth share allocated among the Member States ; the respective shares , equal to the third . which subject to Article 5 shall be valid until 31 December 1987 shall be as follows : This process shall continue until the reserve is used up . (tonnes ) Benelux 40 000 Denmark 24 000 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Germany 20 000 Member State may draw shares smaller than those fixed in Greece 4 000 those paragraphs if there is reason to believe that these France 205 000 might not be used up . It shall inform the Commission of its Ireland 83 000 reasons for applying this paragraph . Italy 50 000 United Kingdom 500 000

2 . The second instalment of 498 000 tonnes shall constitute the reserve . Article 4

Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 .

Article3¶

1 . If 90 % or more of a Member State 's initial share as specified in Article 2 ( 1 ), or 90 % of that share minus the Article 5 portion returned to the reserve where Article 5 is applied , has been used up , then , to the extent permitted by the The Member States shall return to the reserve , not later amount of the reserve , that Member State shall forthwith , than 1 October 1987 , such unused portion of their initial by notifying the Commission , draw a second share equal to share as , on 15 September 1987 , is in excess of 20 % of the 15 % of its initial share , rounded up where necessary to the initial volume . They may return a greater quantity if there next unit . are grounds for believing that it may not be used .

2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has Member States shall , not later than 1 October 1987 , notify been used up , that Member State shall , in accordance with the Commission of the total quantities of the products in the conditions laid down in paragraph 1 , draw a third question imported up to 15 September 1987 and charged share equal to 7,5 % of its initial share , rounded up where against the Community tariff quota and of any quantities necessary to the next unit . of the initial shares returned to the reserve .

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Article 6 2 . Member States shall ensure that importers of the products in question have free access to the shares allocated The Commission shall keep an account of the shares to them . opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as it is notified , inform each Member 3 . Member States shall charge imports of the goods in State of the extent to which the reserve has been used up . question against their shares as and when such goods are entered with the customs authorities for free circulation . It shall inform the Member States , not later than 5 October 1987 , of the amounts still in the reserve after quantities Article 8 have been returned thereto pursuant to Article 5 .

At the request of the Commission , Member States shall The Commission shall ensure that the drawing which uses inform it of imports of the products concerned actually up a reserve does not exceed the balance available and , to charged against their shares. this end , shall notify the amount of that balance to the Member State which makes such last drawing . Article 9

The Member States and the Commission shall cooperate Article 7 closely in order to ensure compliance with this Regulation . 1 . Member States shall take all measures necessary to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that imports may be Article 10 charged without interruption against their accumulated shares of the Community tariff quotas . This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 16 December 1986 .

For the Council

The President

G. HOWE