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( 1 ) OJ NO L 375 , 31 . 12 . 1982 , P . 1 .

( 2 ) OJ NO L 382 , 31 . 12 . 1980 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3537/83 OF 12 DECEMBER 1983 OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FRESH OR DRIED HAZELNUTS , SHELLED OR NOT , FALLING WITHIN SUBHEADING EX 08.05 G OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TURKEY ( 1984 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

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 THE ANNEX TO COUNCIL REGULATION ( EEC ) NO 3590/82 OF 21 DECEMBER 1982 ON IMPORTS INTO THE COMMUNITY OF AGRICULTURAL PRODUCTS ORIGINATING IN TURKEY ( 1 ) PROVIDES THAT FRESH OR DRIED HAZELNUTS , SHELLED OR NOT , FALLING WITHIN SUBHEADING EX 08.05 G OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TURKEY ARE ADMITTED ON IMPORTATION INTO THE COMMUNITY AT ZERO DUTY , WITHIN THE LIMIT OF A COMMUNITY TARIFF QUOTA OF 25 000 TONNES ; WHEREAS THE COMMUNITY TARIFF QUOTA CONCERNED SHOULD THEREFORE BE OPENED FOR 1984 ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 119 OF THE 1979 ACT OF ACCESSION , THE COMMUNITY ADOPTED COUNCIL REGULATION ( EEC ) NO 3555/80 OF 16 DECEMBER 1980 DETERMINING THE ARRANGEMENTS TO BE APPLIED WITH REGARD TO IMPORTS INTO GREECE ORIGINATING IN ALGERIA , ISRAEL , MALTA , MOROCCO , PORTUGAL , SYRIA , TUNISIA OR TURKEY ( 2 ) ; WHEREAS THIS REGULATION THEREFORE APPLIES TO THE COMMUNITY OF NINE ;

WHEREAS IT IS IN PARTICULAR NECESSARY TO ENSURE EQUAL AND UNINTERRUPTED ACCESS FOR ALL COMMUNITY IMPORTERS TO THE ABOVEMENTIONED QUOTA , AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THIS QUOTA TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO THE 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 , IN ORDER TO REFLECT MOST ACCURATELY THE ACTUAL DEVELOPMENT OF THE MARKET IN THE PRODUCTS IN QUESTION , SUCH ALLOCATION SHOULD BE IN PROPORTION TO THE REQUIREMENTS OF THE MEMBER STATES , ASSESSED BY REFERENCE TO BOTH THE STATISTICS RELATING TO IMPORTS OF THE SAID PRODUCTS FROM TURKEY OVER A REPRESENTATIVE REFERENCE PERIOD AND THE ECONOMIC OUTLOOK FOR THE QUOTA PERIOD CONCERNED ;

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 TURKEY OF THE PRODUCTS CONCERNED :

MEMBER STATES * 1980 * 1981 * 1982

* TONNES * % * TONNES * % * TONNES * %

BENELUX * 5 106 * 7,45 * 5 374 * 7,85 * 7 016 * 9,40

DENMARK * 1 203 * 1,75 * 785 * 1,15 * 1 183 * 1,58

GERMANY * 44 844 * 65,40 * 47 778 * 69,80 * 49 561 * 66,37

FRANCE * 9 230 * 13,46 * 8 889 * 13,00 * 9 528 * 12,76

IRELAND * 40 * 0,06 * 92 * 0,13 * 50 * 0,07

ITALY * 3 808 * 5,55 * 823 * 1,20 * 2 533 * 3,39

UNITED KINGDOM * 4 337 * 6,33 * 4 705 * 6,87 * 4 807 * 6,44

TOTAL * 68 568 * * 68 446 * * 74 678

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 FOR 1984 AT APPROXIMATELY THE FOLLOWING PERCENTAGES :

BENELUX 8,13

DENMARK 1,62

GERMANY 66,08

FRANCE 12,85

IRELAND 0,09

ITALY 3,33

UNITED KINGDOM 7,90

WHEREAS , TO TAKE INTO ACCOUNT IMPORT TRENDS FOR THE PRODUCTS CONCERNED IN THE VARIOUS MEMBER STATES , THE QUOTA AMOUNT SHOULD BE DIVIDED INTO TWO INSTALMENTS , THE FIRST BEING ALLOCATED AMONG THE MEMBER STATES AND THE SECOND HELD AS A RESERVE INTENDED TO COVER AT A LATER DATE THE REQUIREMENTS OF MEMBER STATES WHO HAVE USED UP THEIR INITIAL SHARE ; WHEREAS , IN ORDER TO GUARANTEE SOME DEGREE OF SECURITY TO IMPORTERS IN EACH MEMBER STATE , THE FIRST INSTALMENT OF THE COMMUNITY QUOTA SHOULD BE FIXED AT A LEVEL WHICH COULD , IN THE PRESENT CIRCUMSTANCES , BE 80 % OF THE QUOTA VOLUME ;

WHEREAS THE INITIAL SHARES OF THE MEMBER STATES MAY BE USED UP AT DIFFERENT RATES ; WHEREAS , IN ORDER TO TAKE THIS INTO ACCOUNT AND TO AVOID A BREAK IN CONTINUITY , ANY MEMBER STATE WHICH HAS USED UP ALMOST ALL OF ITS INITIAL SHARE SHOULD DRAW AN ADDITIONAL SHARE FROM THE RESERVE ; WHEREAS THIS SHOULD BE DONE BY EACH MEMBER STATE EACH TIME ONE OF ITS ADDITIONAL SHARES IS ALMOST USED UP , AND SO ON 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 FORM OF ADMINISTRATION REQUIRES CLOSE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION , AND THE COMMISSION MUST BE IN A POSITION TO FOLLOW THE EXTENT TO WHICH THE QUOTA VOLUME HAS BEEN USED UP AND INFORM THE MEMBER STATES THEREOF ;

WHEREAS , IF AT A GIVEN DATE IN THE QUOTA PERIOD A SUBSTANTIAL QUANTITY OF ITS INITIAL SHARE REMAINS UNUSED IN ANY MEMBER STATE , IT IS ESSENTIAL THAT IT SHOULD RETURN A SIGNIFICANT PROPORTION THEREOF TO THE RESERVE , TO PREVENT PART OF THE COMMUNITY QUOTA REMAINING UNUSED IN ONE MEMBER STATE WHEN IT COULD BE USED IN OTHERS ; WHEREAS , TAKING INTO ACCOUNT THE SEASONAL NATURE OF IMPORTS , IT SEEMS APPROPRIATE TO FIX THE TRANSFER LIMIT AT 40 % OF THE INITIAL SHARE ;

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 , ALL TRANSACTIONS CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY TO 31 DECEMBER 1984 , A COMMUNITY TARIFF QUOTA OF 25 000 TONNES SHALL BE OPENED IN THE COMMUNITY OF NINE FOR FRESH OR DRIED HAZELNUTS , SHELLED OR NOT , FALLING WITHIN SUBHEADING EX 08.05 G OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TURKEY .

2 . WITHIN THIS TARIFF QUOTA THE COMMON CUSTOMS TARIFF DUTY SHALL BE TOTALLY SUSPENDED .

3 . IMPORTS OF THE PRODUCT IN QUESTION BENEFITING FROM THE SAME OR LOWER CUSTOMS DUTIES UNDER PREFERENTIAL ARRANGEMENTS SHALL NOT BE CHARGED AGAINST THIS TARIFF QUOTA .

4 . THIS COMMUNITY TARIFF QUOTA SHALL BE ALLOCATED AND ADMINISTERED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .

ARTICLE 2

1 . THE COMMUNITY TARIFF QUOTA REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE DIVIDED INTO TWO INSTALMENTS .

2 . A FIRST INSTALMENT AMOUNTING TO 20 330 TONNES SHALL BE SHARED AMONG THE MEMBER STATES ; THE SHARES , WHICH SUBJECT TO ARTICLE 5 SHALL BE VALID UNTIL 31 DECEMBER 1984 , SHALL BE AS FOLLOWS :

( TONNES )

BENELUX 1 652

DENMARK 330

GERMANY 13 434

FRANCE 2 612

IRELAND 18

ITALY 676

UNITED KINGDOM 1 608

3 . THE SECOND INSTALMENT AMOUNTING TO 4 670 TONNES SHALL CONSTITUTE THE RESERVE .

ARTICLE 3

1 . IF 90 % OR MORE OF A MEMBER STATE'S INITIAL SHARE , AS SPECIFIED IN ARTICLE 2 ( 2 ) , OR OF THAT SHARE LESS THE PORTION RETURNED TO THE RESERVE WHERE ARTICLE 5 HAS BEEN APPLIED , HAS BEEN USED UP , THAT MEMBER STATE SHALL , WITHOUT DELAY , BY NOTIFYING THE COMMISSION , DRAW A SECOND SHARE EQUAL TO 15 % OF ITS INITIAL SHARE , ROUNDED UP WHERE NECESSARY TO THE NEXT WHOLE NUMBER , IN SO FAR AS THE AMOUNT IN THE RESERVE ALLOWS .

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 .

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 TO APPLY UNTIL THE RESERVE IS USED UP .

4 . NOTWITHSTANDING PARAGRAPHS 1 , 2 AND 3 , MEMBER STATES MAY DRAW SMALLER SHARES THAN THOSE FIXED IN THESE PARAGRAPHS IF THERE IS REASON TO BELIEVE THAT THOSE FIXED MIGHT NOT BE USED UP . THEY SHALL INFORM THE COMMISSION OF THEIR GROUNDS FOR APPLYING THIS PARAGRAPH .

ARTICLE 4

THE ADDITIONAL SHARE DRAWN PURSUANT TO ARTICLE 3 SHALL BE VALID UNTIL 31 DECEMBER 1984 .

ARTICLE 5

MEMBER STATES SHALL RETURN TO THE RESERVE , NOT LATER THAN 1 OCTOBER 1984 , THE UNUSED PORTION OF THEIR INITIAL SHARES WHICH ON 15 SEPTEMBER 1984 , IS IN EXCESS OF 40 % OF THE INITIAL AMOUNT . THEY MAY RETURN A GREATER QUANTITY IF THERE ARE GROUNDS FOR BELIEVING THAT THIS QUANTITY MIGHT NOT BE USED IN FULL .

MEMBER STATES SHALL NOTIFY THE COMMISSION , NOT LATER THAN 1 OCTOBER 1984 , OF THE TOTAL IMPORTS OF THE PRODUCTS CONCERNED EFFECTED UNDER THE COMMUNITY QUOTAS UP TO AND INCLUDING 15 SEPTEMBER 1984 AND , WHERE APPROPRIATE , THE PROPORTION OF THEIR INITIAL SHARE THAT THEY ARE RETURNING TO THE RESERVE .

ARTICLE 6

THE COMMISSION SHALL KEEP AN ACCOUNT OF THE SHARES OPENED BY MEMBER STATES PURSUANT TO ARTICLES 2 AND 3 AND , AS SOON AS IT HAS BEEN NOTIFIED , SHALL INFORM EACH MEMBER STATE OF THE EXTENT TO WHICH THE RESERVE HAS BEEN USED UP .

IT SHALL NOTIFY THE MEMBER STATES , NOT LATER THAN 5 OCTOBER 1984 , OF THE STATE OF THE RESERVE AFTER QUANTITIES HAVE BEEN RETURNED THERETO PURSUANT TO ARTICLE 5 .

IT SHALL ENSURE THAT THE DRAWING WHICH USES UP THE RESERVE IS LIMITED TO THE BALANCE AVAILABLE AND , TO THIS END , SHALL SPECIFY THE AMOUNT THEREOF TO THE MEMBER STATE MAKING THE FINAL DRAWING .

ARTICLE 7

1 . MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT ADDITIONAL SHARES DRAWN PURSUANT TO ARTICLE 3 ARE OPENED IN SUCH A WAY THAT IMPORTS MAY BE CHARGED WITHOUT INTERRUPTION AGAINST THEIR AGGREGATE SHARES IN THE COMMUNITY QUOTA .

2 . MEMBER STATES SHALL ENSURE THAT IMPORTERS OF THE PRODUCTS HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM OR WHICH THEY HAVE TAKEN FROM THE RESERVE .

3 . THE MEMBER STATES SHALL CHARGE THE IMPORTS OF THE PRODUCTS CONCERNED AGAINST THEIR SHARES AS AND WHEN THE PRODUCTS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR FREE CIRCULATION .

4 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARES SHALL BE DETERMINED ON THE BASIS OF THE IMPORTS CHARGED IN ACCORDANCE WITH PARAGRAPH 3 .

ARTICLE 8

AT THE REQUEST OF THE COMMISSION , MEMBER STATES SHALL INFORM IT OF IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .

ARTICLE 9

THE MEMBER STATES AND THE COMMISSION SHALL COLLABORATE CLOSELY IN ORDER TO ENSURE THAT THIS REGULATION IS OBSERVED .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1984 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 12 DECEMBER 1983 .

FOR THE COUNCIL

THE PRESIDENT

C . SIMITIS