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,
Having regard to the proposal from the Commission ,
Whereas , in respect of the last three years for which
statistics are available the corresponding imports by each of
the Member States represent the following percentages of
the imports into the Community from Spain of the
products concerned :
Member State 1983 1984 1985
Benelux 4,1 2,4 2,3
Denmark — — —
Germany 1,1 1,5 1,0
Greece 0,3 0,9 —
France 57,5 23,9 48,9
Ireland — — 2,8
Italy 8,7 8,0 13,4
United Kingdom 28,3 63,3 31,6
Whereas , under Articles 30 and 31 of the Act of Accession ,
the duties applicable on the import into the Community of
Ten of certain petroleum products falling within
Chapter 27 of the Common Customs Tariff and refined in
Spain , within the limits of a Community tariff quota of
1 424 000 tonnes , shall be progressively abolished ;
whereas these duties will be reduced to 77,5 % of the basic
duties on 1 January 1987 ; whereas , by derogation from
Article 30 of the Act of Accession , Regulation (EEC) No
443 / 86 0 ) provides that the basic duties shall be those
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
percentages :Whereas Article 1 of Protocol 3 annexed to the Act of
Accession provides for particular rules for the import into
Portugal of the products in question , originating in Spain ;
whereas , consequently , the Community tariff quota is
applicable in the Community of Ten ;
Benelux 4,3
Denmark 2,6
Germany 2,2
Greece 0,4
France 22,1
Ireland 9,0
Italy 5,4
United Kingdom 54,0
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
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
principles , the Community nature of the quota can be
respected by allocating the Community tariff quota among
the Member States ; whereas , to reflect as accurately as
possible the true trend of the market of the products in
Whereas , in order to take into account import trends for
the products concerned in the various Member States , the
quota volume should be divided into two instalments , the
first being shared between the Member States and the
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
instalment of the Community quota might under the(') OJ No L 50 , 28 . 2 . 1986 , p. 9 .
No L 374 / 28 Official Journal of the European Communities 31 . 12 . 86
present circumstances be fixed at about 65 % of the
quota ;
remaining unused in one Member State when it could be
used in others ;
Whereas , since the Kingdom of Belgium, the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union , any operation relating to the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
Whereas the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share
should draw an additional share from the reserve ; whereas
this must be done by each Member State as and when each
of its additional shares is almost used up , and repeated as
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
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;
Whereas if, at a given date in the quota period , a
substantial quantity of an initial share remains unused in
any Member State , it is essential that that Member State
should return a significant proportion to the reserve , to
prevent a part of any Community tariff quota from
HAS ADOPTED THIS REGULATION:
Article I
From 1 January to 31 December 1987 , on import into the
Community of Ten , the customs duties for the following
products , refined in Spain , shall be suspended at the levels
shown below within the limits of a Community tariff quota
of 1 424 000 tonnes :
Order No
CCT
heading
No
Description Rate of
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
B. Medium oils :
III . For other purposes
C. Heavy oils :
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 this
Chapter ( a )
d ) For other purposes
Petroleum gases and other gaseous hydrocarbons :
B. Other :
1,8
1,8
1,0
1,0
1,2
1,8
0,4
0,5
1,4
27.11
I. Commercial propane and commercial butane :
27.12
c ) For other purposes
Petroleum jelly :
A. Crude :
III . For other purposes
B. Other
31 . 12 . 86 Official Journal of the European Communities No L 374 / 29
Order No
CCT
heading
No
Description
Rate of
duty (% )
09.0313
(cont 'd)
27.13
0,5
1,3
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
Petroleum bitumen , petroleum coke and other residues of petroleum oils or of oils
obtained from bituminous minerals :
C. Other :
II . Other
27.14
0,5
( a ) Entry under this subheading is subject to conditions to be determined by the competent authorities .
Article 2
1 . A first instalment amounting to 926 000 tonnes of the
Community tariff quota referred to in Article 1 shall be
allocated among the Member States ; the respective shares ,
which subject to Article 5 shall be valid until 31 December
1987 shall be as follows :
3 . If , after its second share has been used up , 90 % or
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
This process shall continue until the reserve is used up .
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
those paragraphs if there is reason to believe that these
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .
(tonnes)
40 000
24 000
20 000
4 000
205 000
83 000
50 000
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 .
Article 3
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
portion returned to the reserve where Article 5 is applied ,
has been used up , then , to the extent permitted by the
amount of the reserve , that Member State shall forthwith ,
by notifying the Commission , draw a second share equal to
15 % of its initial share , rounded up where necessary to the
next unit .
Article 5
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial
share as , on 15 September 1987 , is in excess of 20 % of the
initial volume . They may return a greater quantity if there
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
been used up , that Member State shall , in accordance with
the conditions laid down in paragraph 1 , draw a third
share equal to 7,5 % of its initial share , rounded up where
necessary to the next unit .
Member States shall , not later than 1 October 1987 , notify
the Commission of the total quantities of the products in
question imported up to 15 September 1987 and charged
against the Community tariff quota and of any quantities
of the initial shares returned to the reserve .
No L 374 / 30 Official Journal of the European Communities 31 . 12 . 86
Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as it is notified , inform each Member
State of the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October
1987 , of the amounts still in the reserve after quantities
have been returned thereto pursuant to Article 5 .
The Commission shall ensure that the drawing which uses
up a reserve does not exceed the balance available and , to
this end , shall notify the amount of that balance to the
Member State which makes such last drawing .
2 . Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3 . Member States shall charge imports of the goods in
question against their shares as and when such goods are
entered with the customs authorities for free circulation .
Article 8
At the request of the Commission , Member States shall
inform it of imports of the products concerned actually
charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely in order to ensure compliance with this
Regulation .
Article 10
This Regulation shall enter into force on 1 January 1987 .
Article 7
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
charged without interruption against their accumulated
shares of the Community tariff quotas .
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
Full & Egal Universal Law Academy