EN Official Journal of the European Communities L 224/5

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Community and Turkey on the adjustment of the regime for imports into the Community of tomato concentrate originating in Turkey

Sir,

I have the honour to refer to the consultations between the Turkish authorities and the European Commission on the regime for imports into the Community of tomato concentrate originating in Turkey.

Those consultations were held in the context of the agricultural negotiations provided for in the EC-Turkey Association Council Resolution of 6 March 1995. The parties agreed that it is not possible for the new general agreement to enter into force in 1997. In order to avoid serious disturbance of the Community market in tomato concentrate and pending the entry into force of the general agreement, an agreement has been reached for the entry into force of the new regime for the products concerned to be brought forward.

Notwithstanding Decision No 1/80 of the Association Council, it has been agreed that:

(a) a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be opened for the period 1 September to 31 December 1997. However, the total annual quantity for 1997 for importation into the Community of tomato concentrate originating in Turkey and qualifying for exemption from customs duty may not exceed 30 000 tonnes. If the quantity imported free of customs duty during the first part of 1997 proves to be greater than 15 000 tonnes, the Community reserves the right to adjust the quota of 15 000 tonnes provided for accordingly,

(b) a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be opened, from 1998 onwards, for the period 1 January to 30 June of each year;

(c) a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be opened, from 1998 onwards, for the period 1 July to 31 December of each year;

(d) the above quantities shall refer to a dry matter content of 28/30 % by weight. Quantities imported with a different content shall be corrected by means of the coefficients listed in the Annex.

This Agreement shall replace, as regards tomato concentrate, paragraph 3 of the Exchange of Letters of 20 January 1981 between the European Economic Community and the Republic of Turkey relating to Article 3 (3) of Decision No 1/80 of the Association Council and the Exchange of Letters of 26 November 1981 concerning the implementation of paragraph 3 of the previous Exchange of Letters.

It shall enter into force on the date on which it is signed by both parties. It shall apply from 1 September 1997.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

ANNEX Tomato concentrate: correction coefficients Dry matter content by weight Coefficients not less than: but less than: 12 14 0,44828 14 16 0,51724 16 18 0,58621 18 20 0,65517 20 22 0,72414 22 24 0,7931 24 26 0,86207 26 28 0,93103 28 30 1 30 32 1,06897 32 34 1,13793 34 36 1,20689 36 38 1,27586 38 40 1,34483 40 42 1,41379 42 93 1,44828 93 100 3,32759

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘I have the honour to refer to the consultations between the Turkish authorities and the European Commission on the regime for imports into the Community of tomato concentrate originating in Turkey.

Those consultations were held in the context of the agricultural negotiations provided for in the EC-Turkey Association Council Resolution of 6 March 1995. The parties agreed that it is not possible for the new general agreement to enter into force in 1997. In order to avoid serious disturbance of the Community market in tomato concentrate and pending the entry into force of the general agreement, an agreement has been reached for the entry into force of the new regime for the products concerned to be brought forward.

Notwithstanding Decision No 1/80 of the Association Council, it has been agreed that:

(a) a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be opened for the period 1 September to 31 December 1997. However, the total annual quantity for 1997 for importation into the Community of tomato concentrate originating in Turkey and qualifying for exemption from customs duty may not exceed 30 000 tonnes. If the quantity imported free of customs duty during the first part of 1997 proves to be greater than 15 000 tonnes, the Community reserves the right to adjust the quota of 15 000 tonnes provided for accordingly;

(b) a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be opened, from 1998 onwards, for the period 1 January to 30 June of each year;

(c) a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be opened, from 1998 onwards, for the period 1 July to 31 December of each year;

(d) the above quantities shall refer to a dry matter content of 28-30 % by weight. Quantities imported with a different content shall be corrected by means of the coefficients listed in the Annex.

This Agreement shall replace, as regards tomato concentrate, paragraph 3 of the Exchange of Letters of 20 January 1981 between the European Economic Community and the Republic of Turkey relating to Article 3 (3) of Decision No 1/80 of the Association Council and the Exchange of Letters of 26 November 1981 concerning the implementation of paragraph 3 of the previous Exchange of Letters.

It shall enter into force on the date on which it is signed by both parties. It shall apply from 1 September 1997.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

ANNEX Tomato concentrate: correction coefficients Dry matter content by weight Coefficients not less than: but less than: 12 14 0,44828 14 16 0,51724 16 18 0,58621 18 20 0,65517 20 22 0,72414 22 24 0,7931 24 26 0,86207 26 28 0,93103 28 30 1 30 32 1,06897 32 34 1,13793 34 36 1,20689 36 38 1,27586 38 40 1,34483 40 42 1,41379 42 93 1,44828 93 100 3,32759

I have the honour to confirm that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of Turkey