No L 380 / 24 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4117/ 86
of 22 December 1986
opening and providing for the administration of a Community preferential ceiling for certain
petroleum products refined in Turkey and establishing Community supervision of imports
thereof ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , imports of these products ; whereas the import of these
products should therefore be subject to a system of
supervision ;
Whereas this objective may be attained by means of an
administrative procedure based on setting off imports of
the products in question against the ceiling , at Community
level , as and when these products are submitted to the
customs authorities under cover of declarations that they
have been made available for free circulation ; whereas this
administrative procedure must make provision for the
reintroduction of the Common Customs Tariff duty as
soon as the said ceiling has been reached at Community
level ;
Whereas this administrative procedure requires close and
very rapid cooperation between the Member States and the
Commission , which must be able to monitor the amounts
set off against the ceiling and keep the Member States
informed thereof; whereas this cooperation must be all the
closer to enable the Commission to take adequate measures
to reintroduce the Common Customs Tariff duty whenever
the ceiling is reached ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
Having regard to the proposal from the Commission ,
Whereas Article 7 of the Supplementary Protocol to the
Agreement on the association between the European
Economic Community and Turkey consequent on the
accession of new Member States to the Community ( ! ),
which was signed in Ankara on 30 June 1973 and entered
into force on 1 March 1986 ( 2 ), provides for the total
suspension of customs duties applicable to certain
petroleum products falling within Chapter 27 of the
Common Customs Tariff, refined in Turkey , within the
limit of an annual Community tariff quota of 340 000
tonnes ; whereas , for the products concerned , a provisional
adjustment should be made to those tariff preferences ,
consisting essentially of substituting for the Community
tariff quota a Community ceiling which amounts , after
successive increases , to 705 000 tonnes , above which the
customs duties applicable to third countries may be
reintroduced ;
Whereas , in accordance with Article 119 of the Act of
Accession of Greece , the Council adopted Regulation
(EEC) No 3555 / 80 determining the arrangements to be
applied with regard to imports into Greece , originating in
Algeria , Israel , Malta , Morocco , Portugal , Syria , Tunisia
or Turkey ( 3 ); whereas in the absence of a Protocol as
provided for in Articles 179 and 366 of the Act of
Accession of Spain and Portugal , the Community must take
the measures referred to in Articles 180 and 367 of that
Act ; whereas this Regulation therefore applies to the
Community of Nine ;
Whereas the application of the ceiling requires that the
Community should be regularly informed of the trend of
HAS ADOPTED THIS REGULATION
Article 1
1 . From 1 January to 31 December 1987 the Common
Customs Tariff duties shall , subject to Article 2 , be totally
suspended in the Community of Nine for certain petroleum
products referred to hereinafter and refined in Turkey ,
within the limits of a Community ceiling of 705 000
tonnes .
2 . The petroleum products to which paragraph 1 applies
shall be the following :
(>) OJ No L 361 , 31 . 12 . 1977 , p. 2 .
( 2 ) OJ No L 48 , 26 . 2 . 1986 , p. 36 .
( 3 ) OJ No L 382 , 31 . 12 . 1980 , p. 1 .
31 . 12 . 86 Official Journal of the European Communities No L 380 / 25
Order
No
CCT
heading
No
Description
13.0010 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 oil or of oils obtained from
bituminous minerals , these oils being the basic constituents of the preparations :
l A. Light oils :
III . For other purposes
l B. Medium oils :
III . For other purposes
l C. Heavy oils :
I. Gas oils :
\ c) For other purposes
l II. Fuel oils :
\ c) For other purposes
I III . Lubricating oils , other oils :
c ) To be mixed in accordance with the terms of Additional Note 7 to this chapter ( a )
I d) For other purposes
27.11 Petroleum gases and other gaseous hydrocarbons
l B. Other :
I I. Commercial propane and commercial butane :c ) For other purposes
27.12 Petroleum jelly :
l A. Crude:
III . For other purposes
I B. Other
27.13 Paraffin wax , micro-crystalline wax , slack wax , ozokerite , lignite wax , pest wax and other mineral waxes ,
whether or not coloured :
B. Other :
\ I. Crude:
c ) For other purposes
I II. Other
27.14 Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils obtained from
bituminous minerals :
I C. Other
( a ) Entry under this subheading is subject to conditions to be determined by the competent authorities .
6 . Member States shall inform the Commission at the
intervals and within the time limits specified in Article 3 of
any imports effected in accordance with the rules referred
to in this Article .
3 . Imports of the petroleum products referred to in
paragraph 1 shall be subject to Community supervision .
4 . Imports of the products shall be set off against the
ceiling as and when they are submitted to the customs
authorities under cover of a declaration that they have been
made available for free circulation .
5 . The extent to which the ceiling has been used shall be
determined at Community level on the basis of the imports
set off against it in the manner defined in paragraph 4 .
Article 2
As soon as the ceiling referred to in Article 1 ( 1 ) has been
reached at Community level , the Commission may issue a
Regulation reintroducing the Common Customs Tariff
No L 380/26 Official Journal of the European Communities 31 . 12 . 86
Article 4
The Commission shall take all necessary measures for the
implementation of this Regulation in close cooperation
with the Member States .
duties applicable to third countries until the end of the
calendar year .
Article 3
Member States shall forward to the Commission not later
than the 15th day of each month a statement of the imports
effected during the preceding month . If the Commission so
requests , they shall forward this statement , in respect of
10-day periods , whithin five clear days of the expiry of
each such 10-day period .
Article S
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 , 22 December 1986 .
For the Council
The President
G. SHAW
Full & Egal Universal Law Academy