# EUR-Lex - 52014PC0593 - EN

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# 52014PC0593

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL suspending certain concessions relating to the import into the Union of agricultural products originating in Turkey (codification) /* COM/2014/0593 final - 2014/0275 (COD) */**

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EXPLANATORY MEMORANDUM

1.           In the context of a people’s
Europe, the Commission attaches great importance to simplifying and clarifying
the law of the Union so as to make it clearer and more accessible to citizens,
thus giving them new opportunities and the chance to make use of the specific
rights it gives them.

This aim cannot be achieved so long as numerous
provisions that have been amended several times, often quite substantially,
remain scattered, so that they must be sought partly in the original instrument
and partly in later amending ones. Considerable research work, comparing many
different instruments, is thus needed to identify the current rules.

For this reason a codification of rules that
have frequently been amended is also essential if the law is to be clear and
transparent.

2.           On 1 April 1987 the Commission
decided[1]
to instruct its staff that all acts should be codified after no more than ten
amendments, stressing that this is a minimum requirement and that departments
should endeavour to codify at even shorter intervals the texts for which they
are responsible, to ensure that their provisions are clear and readily
understandable.

3.           The Conclusions of the Presidency
of the Edinburgh European Council (December 1992) confirmed this[2], stressing the
importance of codification as it offers certainty as to the law applicable to a
given matter at a given time.

Codification must be undertaken in full
compliance with the normal procedure for the adoption of acts of the Union.

Given that no changes of substance may be made
to the instruments affected by codification, the European Parliament, the
Council and the Commission have agreed, by an interinstitutional agreement
dated 20 December 1994, that an accelerated procedure may be used for the
fast-track adoption of codification instruments.

4.           The purpose of this proposal is
to undertake a codification of Council Regulation (EC) No 1506/98 of
13 July 1998 establishing a concession in the form of a
Community tariff quota for Turkey in 1998 in respect of hazelnuts and
suspending certain concessions[3]. The new Regulation will supersede the various acts incorporated in
it[4]; this proposal fully
preserves the content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are required by the
codification exercise itself.

5.           The codification proposal was
drawn up on the basis of a preliminary consolidation, in 23 official languages,
of Regulation (EC) No 1506/98 and the instrument amending it, carried out by the Publications
Office of the European Union, by means of a data-processing system. Where the
Articles have been given new numbers, the correlation between the old and the
new numbers is shown in a table set out in Annex III to the codified
Regulation.

ê 1506/98
(adapted)

2014/0275 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

suspending certain concessions Ö relating
to the import into the Union of agricultural products originating in Turkey Õ (codification)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty Ö on the
Functioning of the European Union Õ, and in
particular Article Ö 207(2) Õ thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

ê

(1)       Council
Regulation (EC) No 1506/98[6] has been substantially amended[7]. In the interests of
clarity and rationality, that Regulation should be codified.

ê 1506/98 recital
1

(2)       Under the Agreement
establishing an Association between the European Economic Community and Turkey[8] (‘the Agreement’)
concessions were granted to that country in respect of certain agricultural
products.

ê 1506/98 recital
4 (adapted)

(3)       Decision No 1/98 of the
EC-Turkey Association Council[9]
provides for the improvement and consolidation of trade preferences relating to
the import into the Ö Union Õ of
agricultural products originating in Turkey and establishes a series of
preferential concessions for Ö Union Õ exports of
meat and live animals to Turkey.

ê 1506/98
recital 5 (adapted)

(4)       Turkey has since 1996 been
applying a ban on the import of live animals of the bovine species (CN code
0102) and restrictions on the import of beef (CN codes 0201-0202). Those
measures, being quantitative restrictions, are incompatible with the Agreement
and prevent the Ö Union Õ from benefiting
from the concessions granted to it under Decision No 1/98. Despite talks
intended to achieve a negotiated solution with Turkey to the problem, the
quantitative restrictions are still in place.

ê 1506/98 recital
6 (adapted)

(5)       As a result of those
measures, exports to Turkey of the products in question originating in the Ö Union Õ are blocked. In
order to protect the Ö Union's Õ commercial
interests, the situation should be counterbalanced by means of equivalent
measures. The concessions set out in Ö Annex I Õ to this
Regulation should therefore be suspended.

ê 255/2014
recital 6 (adapted)

(6)       In order to ensure uniform
conditions for the implementation of Ö this Õ Regulation,
implementing powers should be conferred on the Commission. Those powers should
be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament
and of the Council[10],

ê 1506/98 (adapted)

Ö HAVE Õ ADOPTED THIS
REGULATION:

Article 1

The two tariff quotas laid down in Annex I
are suspended.

ê 255/2014
Art. 3.1

Article 2

The Commission shall, by means of
implementing acts, terminate the suspension measures referred to in Article 1
once the barriers to preferential exports from the Union to Turkey have been lifted. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 3(2).

ê 255/2014
Art. 3.2

Article 3

1. The Commission shall be assisted by the
Committee for the Common Organisation of the Agricultural Markets established
by Article 229 of Regulation (EU) No 1308/2013 of the European Parliament and
of the Council[11].
That Committee shall be a committee within the meaning of Regulation (EU) No
182/2011.

2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the committee is to
be obtained by written procedure, that procedure shall be terminated without
result when, within the time-limit for delivery of the opinion, the chair of
the committee so decides or at least a quarter of committee members so request.

ê

Article 4

Regulation (EC) No 1506/98 is repealed.

References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex III.

ê 1506/98
(adapted)

Article 5

This Regulation shall enter into force on the
Ö twentieth Õ day following
that of its publication in the Official Journal of the European Ö Union Õ .

ê 1506/98

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

Done at Brussels,

For the European Parliament                        For
the Council

The President                                                 The
President

[1]               COM(87) 868 PV.

[2]               See Annex 3 to Part A of the Conclusions.

[3]               Entered in the legislative programme for 2014.

[4]               See Annex II to this proposal.

[5]               OJ C [...], [...], p.
[...].

[6]                      Council Regulation (EC) No 1506/98 of 13 July 1998 establishing
a concession in the form of a Community tariff quota for Turkey in 1998 in respect of hazelnuts and suspending certain concessions (OJ L 200,
16.7.1998, p. 1).

[7]               See Annex II.

[8]               OJ 217, 29.12.1964, p.
3687/64.

[9]               Decision No 1/98 of the EC-Turkey Association Council
of 25 February 1998 on the trade regime for agricultural products (OJ L 86,
20.3.1998, p. 1).

[10]             Regulation (EU) No 182/2011 of the European Parliament
and of the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

[11]             Regulation (EU) No 1308/2013 of
the European Parliament and of the Council of 17 December 2013 establishing a
common organisation of the markets in agricultural products and repealing
Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and
(EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

ê 1506/98

ANNEX I

Serial No || CN code || Description of goods || Size of quota per year or per period indicated (tonnes) || Rate of duty applicable

09.0217 || ex08071100 || Watermelons, fresh: || 14 000 || Free

from 16 June to 31 March

09.0207 || 20029031 || Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, other than whole or in pieces, with a dry matter content of 12 % or more by weight || 30 000 with a dry matter content of 28‑30 % by weight || Free

09.0209 || 20029039

20029091

20029099

_____________

é

ANNEX II

Repealed
Regulation with the amendment thereto

Council Regulation (EC) No 1506/98 (OJ L 200, 16.7.1998, p. 1) || ||

|| Regulation (EU) No 255/2014 of the European Parliament and of the Council (OJ L 84, 20.3.2014, p. 57) || Article 3 only

_____________

ANNEX III

Correlation Table

Regulation (EC) No 1506/98 || This Regulation

Article 1 || –

Article 2 || Article 1

Article 3 || Article 2

Article 3a || Article 3

– || Article 4

Article 4 || Article 5

Annex I || –

Annex II || Annex I

– || Annex II

– || Annex III

_____________