COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 19.06.1997 
COM(97) 311 final 
97/0172 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
on the conclusion of an 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 European Community 
of tomato concentrate originating in Turkey 
and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94 
(presented by the Commission) 

Explanatory memorandum 
The EC-Turkey Association Council Resolution of 6 March 1995 provides for negotiations 
between the European Community and Turkey on reciprocal agricultural concessions. 
These negotiations on a general agreement have almost been concluded and the parties have 
agreed, among other things, to amend the regime for imports into the Community of tomato 
concentrate. A Community tariff quota of 15 000 tonnes at zero duty for each half of the 
year will replace the preferential regime currently in force for that product. 
It will not be possible for the general agreement to enter into force before 1 January 1998 
because of the time needed for the procedure. Given the sensitivity of the market in tomato 
concentrate and the disturbances that could affect it, the parties have agreed that the entry 
into force of the new regime for that product is to be brought forward. For 1997 it has been 
agreed to open the second quota of 15 000 tonnes from 1 September onwards in view of the 
time available. It has also be laid down that the Commission is to adjust that quantity if at 
any time imports at zero duty prove to be greater than 15 000 tonnes in the first part of 
1997. 
The Agreement, contained in the attached exchange of letters, applies from 1 September 
1997. 
Implementation of the Agreement with Turkey also requires the amendment of Council 
Regulations (EEC) No 4115/86 and (EC) No 1981/94. In order to ensure timely 
implementation and for the sake of efficiency, the approval of the agreement and the 
amendment to those Council Regulations are contained in the same legal text. 
The Commission herewith recommends this Agreement to the Council for adoption. 
Proposal for a 
COUNCIL REGULATION (EC) 
on the conclusion of an 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 European Community 
of tomato concentrate originating in Turkey 
and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113, in conjunction with the first sentence of Article 228(2) thereof, 
Having regard to the proposal from the Commission, 
Whereas consultations have taken place between the European Community and Turkey on 
the preferential regime applicable to imports into the Community of tomato concentrate 
originating in Turkey; whereas those consultations were held in the context of the general 
agricultural negotiations provided for in the EC-Turkey Association Council Resolution of 
6 March 1995 and whereas they resulted in the conclusion of a new preferential regime for 
tomato concentrate; 
Whereas, pending the entry into force of the general agreement on agricultural products 
originating in Turkey and in order to avoid serious disturbance of the Community market in 
tomato concentrate in the 1997 marketing year, an agreement has been reached for the entry 
into force of the agreement concluded for that product to be brought forward; 
Whereas that Agreement should now be approved on behalf of the Community; 
Whereas Council Regulation (EEC) No 4115/86 of 22 December 1986 on imports into the 
Community of agricultural products originating in Turkey' should be amended as regards 
tomato concentrate; 
Whereas Council Regulation (EC) No 1981/94 of 25 July 1994, opening and providing for 
the administration of Community tariff quotas for certain products originating in Algeria, 
Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the West Bank and the Gaza Strip, Tunisia 
1 OJNo L 380, 31.12.1986, p. 16. 
and Turkey, and providing detailed rules for extending and adapting these tariff quotas2, 
should also be modified to implement the new regime for imports into the European 
Community of tomato concentrate originating in Turkey, as provided for in the 
abovementioned Agreement, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The 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 European Community of 
tomato concentrate originating in Turkey is hereby approved on behalf of the European 
Community. 
The text of the Agreement is attached to this Regulation. 
Article 2 
The President of the Council is hereby authorised to designate the person empowered to 
sign the Agreement so as to bind the Community. 
Article 3 
Regulation (EEC) No 4115/86 is hereby amended as follows: 
1. The following subparagraph is added to Article 1(2): 
"However, the regime for imports into the Community of tomato concentrate originating in 
Turkey shall be as follows: 
(a) 15 000 tonnes of prepared or preserved tomatoes falling within CN codes 2002 90 31, 
2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be exempt from 
customs duty on importation into the European Community from 1 September to 
31 December 1997; to ensure that the annual quantity to be imported exempt from customs 
duty does not exceed 30 000 tonnes, the volume of 15 000 tonnes shall be adjusted by the 
Commission on the basis of the imports exempt from customs duty in the first part of 1997; 
(b) from 1 January 1998 onwards, 15 000 tonnes of prepared or preserved tomatoes falling 
within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey 
shall be exempt from customs duty on importation into the European Community, each 
year for the period from 1 January to 30 June; 
(c) from 1 July 1998 onwards, 15 000 tonnes of prepared or preserved tomatoes falling 
within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey 
2 OJ No L 199, 2.8.1994, p.l. Regulation as last amended by Council Regulation (EC) No 592/97 of 
11 March 1997 (OJ No L 89, 4.4.1997, p.l.). 
Annex 
Tomato concentrate: correction coefficients 
Dry matter content by weight 
not less than: not more than: Coefficients 
12 
14 
16 
18 
20 
22 
24 
26 
28 
30 
32 
34 
36 
38 
40 
42 
93 14 
16 
18 
20 
22 
24 
26 
28 
30 
32 
34 
36 
38 
40 
42 
93 
100 0.44828 
0.51724 
0.58621 
0.65517 
0.72414 
0.7931 
0.86207 
0.93103 
1 
1.06897 
1.13793 
1.20689 
1.27586 
1.34483 
1.41379 
1.44828 
3.32759 
shall be exempt from customs duty on importation into the European Community, each 
year for the period from 1 July to 31 December; 
d) The tariff quotas referred to in points (a), (b) and (c) 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." 
2. The following paragraph is hereby added to Article 1 : 
"3. The provisions of the Annex relating to prepared or concentrated tomatoes falling 
within heading 20.02 C of the Common Customs Tariff shall continue to apply only to 
prepared, unconcentrated tomatoes falling within CN codes 2002 10, 2002 90 11 and 
2002 90 19." 
Article 4 
Regulation (EC) No 1981/94 is hereby amended as follows:: 
1. In Annex I, Order Nos 09.0207 and 09.0209 are inserted as follows: 
Order number 
09.0207 
09.0209 CN code 
2002 90 31 
2002 90 39 
2002 90 91 
2002 90 99 
2002 90 31 
2002 90 39 
2002 90 91 
2002 90 99 Description 
Tomatoes prepared or 
preserved otherwise than by 
vinegar or acetic acid, other 
than whole or in pieces, with a 
dry matter content of not less 
than 12% by weight: 
from 1 September to 
31 December 1997(1) 
- from 1 January to 30 June, 
from 1998 onwards 
Tomatoes prepared or 
preserved otherwise than by 
vinegar or acetic acid, other 
than whole or in pieces, with a 
dry matter content of not less 
than 12% by weight: 
- from 1 July to 31 December, 
from 1998 onwards Quota volume 
per year or 
indicated 
period (tonnes) 
15 000, of a dry 
matter content 
of 28/30% by 
weight (2) 
15 000, of a dry 
matter content 
of 28/30% by 
weight (2) Rate of duty 
(%) 
0 
0 
2. At the end of Annex I, the following footnotes are added: 
" (1) To ensure that the annual quantity to be imported in 1997 exempt from customs duty 
does not exceed 30 000 tonnes, the quota volume of 15 000 tonnes shall be adjusted by the 
Commission on the basis of the imports exempt from customs duty in the first part of 1997. 
1-
That adjustment shall be made in accordance with the procedure laid down in Article 7(2) 
of this Regulation. 
(2) For the administration of these Community tariff quotas, the following coefficients shall 
be applied to imports of products with a dry matter content other than 28/30% by weight: 
Dry matter content by weight Coefficients 
not less than but less than 
12 14 0.44828 
Î4 16 0.51724 
_ _ 0.58621 
_ _ 0.65517 
20 22 0.72414 
22 24 0.7931 
24 26 0.86207 
26 28 " 0.93103 
28 30 Ï 
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 ÏÔÔ 3.32759 
Article 5 
& 
The Commissic i shell adopt detailed rules for the application of this Regulation in 
accordance with ths procedure laid down in Article 46 of Regulation (EC) No 2200/963. 
Article 6 
This Regulation shall enter into force on the day of its publication in the Official Journal 
of the European Communities. It shall apply from 1 September 1997. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council, the President 
3 OJNoL297,21.11.1996,p.l. 
9 
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 
A. Letter from the Community 
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. 
Aja 
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 
A\ 
Annex 
Tomato concentrate: correction coefficients 
Dry matter content by weight 
not less than: not more than: Coefficients 
12 
14 
16 
18 
20 
22 
24 
26 
28 
30 
32 
34 
36 
38 
40 
42 
93 14 
16 
18 
20 
22 
24 
26 
28 
30 
32 
34 
36 
38 
40 
42 
93 
100 0.44828 
0.51724 
0.58621 
0.65517 
0.72414 
0.7931 
0.86207 
0.93103 
1 
1.06897 
1.13793 
1.20689 
1.27586 
1.34483 
1.41379 
1.44828 
3.32759 
»Z-
B. Letter from Turkey 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date which reads as 
follows: 
"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 me 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. 
I* 
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" 
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 
AH 
Annex 
Tomato concentrate: correction coefficients 
Dry matter content by weight 
not less than: not more than Coefficients 
12 
14 
16 
18 
20 
22 
24 
26 
28 
30 
32 
34 
36 
38 
40 
42 14 
16 
18 
20 
22 
24 
26 
28 
30 
32 
34 
36 
38 
40 
42 0.44828 
0.51724 
0.58621 
0.65517 
0.72414 
0.7931 
0.86207 
0.93103 
1 
1.06897 
1.13793 
1.20689 
1.27586 
1.34483 
1.41379 
1.44828 
3.32759 
&mmm~«m»** 
AÏ 
FINANCIAL STATEMENT 
1. BUDGET HEADING: 
Chapter 10 - agricultural duties APPROPRIATIONS: ECU 873 million 
2. TITLE: 
Proposal for a Council Regulation on the conclusion of an 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 European Community of tomato concentrate originating 
in Turkey and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94. 
LEGAL BASIS: Article 113 of the Treaty 
4. AIMS: 
To fix two annual quotas of 15 000 tonnes at zero duty for the first and second half-year for tomato concentrate originating in 
Turkey 
FINANCIAL IMPLICATIONS PERIOD OF 12 
MONTHS CURRENT 
FINANCIAL 
YEAR 
(97) FOLLOWING 
FINANCIAL 
YEAR 
(98) 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL AUTHORITIES 
- OTHER 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL ECU 1.2 million ECU 0.6 million ECU 1.2 million 
1998 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 1.2 million 1999 
1.2 million 2000 
1.1 million 2001 
1 million 
5.2 METHOD OF CALCULATION: 
Quota at zero duty 2x15 000 tonnes 
Current imports 40 000 tonnes. 
Assuming that imports remain at their current level, the result of this operation will be an annual saving in own resources of an 
amount of: from 1.7.1997 to 30.6.1998 
from 1.7.1998 to 30.6.1999 
from 1.7.1999 to 30.6.2000 
from 1.7.2000: 10 000 x ECU 723/t x 16.2% = ECU 1 171 260 
10 000 x ECU 723/t x 15.6% = ECU 1 127 880 
10 000 x ECU 723/t x 15.0% - ECU 1 084 500 
10 000 x ECU 723/t x 14.4% - ECU 1 041 120 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 
RELEVANT CHAPTER OF THE CURRENT BUDGET? YES/NO 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE 
CURRENT BUDGET? YES/NO 
6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY? YES/NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? Y-&S/NO 
OBSERVATIONS: 
Assuming that Turkey readjusts the level of its current imports to fall in line with the zero-duty quota, this measure will have no 
financial impact. 
Ifo 

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COM(97)311final 
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ISBN 92-78-21531-7 
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