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COM (83) 390 
 
 
 
Vol. 1983/0 148 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Economic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation. 
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983, 
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003 
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit 
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5 
der genannten Verordnung freigegeben. 
COMMISSION  OF THE  EUROPEAN  COMMUNITIES 
COM(83)  390  final 
Brussels,  23 June  1983 
Proposal for a 
COUNCIL  REGULATION  (EEC) 
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) 
(Submitted  to the Council  by the Commission) 
COM(83)  390  final 

EXPLANATORY MEMORANDUM 
1. Council  Regulation (EEC) N° 3590/82 of 21 December 1982 on imports into 
the Community of agricultural products originating in Turkey (1) provides 
for the opening for fresh or dried hazelnuts, shelled or otherwise, 
falling  within  subheading ex 08.05 G of the Common Customs  Tariff,  of an 
annual Community duty-free  tariff  quota of 25,000 tonnes. 
2. The aim of this proposal is to open the quota concerned for the period 
from  1 January to 31 December 1984. 
3. The  tariff  quota concerned may be modified in the light of current 
negotiations  with  the contracting country for the conclusion of 
an Adaptation Protocol to the abovementioned Agreement. Pending the 
outcome, the proposed Regulation enables the  engagements  contracted 
by the Community to be respected. 
The Commission therefore reserves the right to modify the proposaL 
in the course of the proceedings in order to  adapt  it, as necessary, 
to the Adaptation Protocol. 
4. It should be noted  that  the economic data on the basis of  which  the 
proposed allocation  will  be drawn up should be based, in particular 
on past  and estimated future imports into Member States,  specifically 
originating  in or coming from Turkey. Such a data has been obtained 
by all Member  States  for the year 1980 to 1982. The  following  table 
shows this dat in  tonnes  and  percentages  : 
Member  States 1980 
tonnes % 1981 
tonnes X tonnes 1982 
Benelux 
Denmark 
Germany 
France 
Ireland 
United  Kingdom 
Total 5 106 
1 203 
44 844 
9 230 
40 
4 337 
68 568 7.45 
1.75 
65.40 
13„46 
0.06 
6.33 5 374 
785 
47 778 
8 889 
92 
4 705 
68 446 7.85 
1 .15 
69.80 
13.00 
0.13 
6.87 7 016 
1 183 
49 561 
9 528 
50 
4 807 
74 678 1 
9.40 
1 .58 
66.37 
12.76 
0.07 
6.44 
(1) 0J N° L  375, 31.12.1982,  p. 1. 

This  data,  which  is the  only  material currently available, gives rise 
to an  allocation  of the  tariff  quota in question among the Member States 
based on the  following  percentages : 
Benelux 8.26 
Denmark 1.50 
Germany 67.17 
France 13.06 
Ireland 0.09 
Italy 
United  Kingdom 3.38 
6.54 
5. As regards administration of this quota, it is proposed  taht  these  should 
be an  initial  allocation  among Member States of a large part of the quota 
the balance representing a reserve to  which  the surplus  from  shares  which 
exceed  Member States'  needs  will  be returned and  from  which  those States 
still  in need may draw additional shares. 
6. As in the past, the proposal for a Regulation annexed hereto provides 
that  the  uniform  method of administration to be applied by all Member 
States  3hould  be the "as and when" method.  Similarly,  to take account of 
the seasonal nature of the imports concerned, the proposed threshold for 
returns to the reserve is 40 % of the  initial  share. 

Proposal  for a 
COUNCIL  REGULATION  (EEC) 
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  (') 
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  (');  whereas  this Regulation therefore applies 
to the  Community  of Nine; 
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  products concerned into  all  Member 
States  until  the  quota  has  been used  up; v  'icreas, 
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  as accurately  as nossible 
the true  trend  of the  market  in the  products  in 
question, such allocation should  be in  proportion  to 
the requirements  of the  Member  States,  cpiculated  by 
reference  to the  statistics  for  imports from Turkey 
over a representative reference period inH also  to il;e 
economic outlook  for the  quota period  in question: 
Whereas,  on the  basis  of the  statistics  at present 
available,  imports into  the  Member  States  in 1980 
1981 and  1982  of the  product concerned, originating 
in Turkey, have developed  as follows  and  represent 
the following  percentages  of total imports into  the 
Community: 
^flcmbcr  Stcttcs 1980 1981 1982 
tonnes % tonnes % tonnes % 
Benelux 
Denmark 
Germany 
France 
Ireland 
Italy 
United  Kingdom 5 106 
1 20 3 
44 844 
9 230 
40 
3 808 
4 337 7-45 
1-75 
65-40 
13-46 
0-06 
5- 55 
6- 33 5 374 
78 5 
47 77 8 
8 889 
92 
823 
4705 7- 85 
i-i5 
69. 80 
13-00 
0- i3 
1- 20 
6.87 7.016 
1 183 
49 561 
9 528 
50 
2 533 
4 807 9.40 
1 .58 
66.37 
12.76 
0.07 
3.39 
6 44 
Total 68 568 68446 74 678 
(')OJNoL  375,  31 .12.1982,  p.  1. (') OJ  No L  382, 31. 12. 1980,  p. 1. 

- 2 -
•Whereas, taking into account  these  figures and the 
foreseeable  development of the product concerned 
during  1984and,  in particular, the  forecasts  made by 
some  Member  States,  the initial  shares  may be fixed 
approximately at the following  percentages: 
Benelux 8.26 
Denmark  1 .50 
Germany  67.17 
France  13.06 
Ireland  0.09 
Italy 3.38 
United  Kingdom  6.54 
Whereas, in order to take into account import trends 
for the product concerned in the various Member 
States,  the quota amount should be divided into two 
instalments, th? first being shared among the Member 
States  and thi .econd constituting a reserve to cover 
at a later  date  the requirements of  those  Member 
States  which  have  used up their initial quota share; 
whereas, in o.der to  give  importers in each Member 
State  a certain  degree  of security, the first instalment 
of the Community quota might under the  circum­
stances  be fixed at 80  % of the quota volume; 
Whereas the Member  States'  initial  shares  may be 
used up a diiferent 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 remains unused, it is  essential  that 
that Member  State  should return a significant 
proportion  to the reserve to prevent a part of any 
tariff  quota  from  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,  any 
operation rei.uing to the administration of the quota shares  allocated to that Economic Union may be 
carried  out by any of its members, 
HAS ADOPTED  THIS  REGULATION: 
Article  1 
1. During  the period 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 sub­
heading 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  tariff quota shall be allocated and 
administered in accordance with the following 
provisions. 
v Article  2 
1. The tariff quota referred to in  Article  1 (1) shall 
be divided into two instalments. 
2. The first instalment, amounting to  20 000 
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 300 
Germany 13 434 
France 2 612 
Ireland 18 
Italy 676 
United  Kingdom 1 -308 
3. The second instalment, amounting to 5  000 
tonnes,  shall  constitute  the reserve. 
Article  3 
1. If  90%  or more of any Member  State's  initial 
share as specified in  Article  2 (2), or  90 % of that 
share minus the portion returned to the "reserve where 
Article  5 has been 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. 

- 3 -
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, then, to the extent permitted 
by the amount of the reserve,  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 up 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. 
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 they might not be used up. It  shall  inform  the 
Commission  of its reasons for  applying  this 
paragraph. 
Article  4 
The additional shares drawn pursuant to  Article  3 
shall  be valid  until  31 December 198 4. 
Article  5 
The Member  States  shall  return to the reserve, not 
later  than 1 October 1984, such unused portion of 
their  initial  shares as, on 15 September 198 4, is in 
excess of 40 % of the  initial  volume. They may return 
a larger quantity if there are grounds for  believing 
that this quantity may not be used. 
The Member  States  shall  notify  the  Commission,  not 
later  than 1 October 1984, of the total quantities of 
the products in question imported up to 15 September 
198 4and charged against the  tariff  quotas and of any 
quantity  of the  initial  shares returned to the reserve. 
Article  6 
The Commission  shall  keep an account of the shares 
opened  by the  Member  States pursuant to  Articles  2 
and 3 and, as soon as it is  notified,  inform  each 
Member  State of the extent to  which  the reserves 
have been used up. It shall  inform  the  Member  States, not later than 
5 October 1984, of the amount in the reserve after 
quantities have been returned thereto pursuant to 
Article  5. 
It shall  ensure  that  the drawing  which  exhausts any 
reserve does not exceed the balance available and, to 
this end,  notify  the amount of  that  balance to the 
Member  State  making  the last  drawing. 
Article  7 
1. The  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  accumulated shares of the  tariff  quota. 
2. The  Member  States  shall  ensure  that  importers 
of the products in question, 
have free access to the shares allocated to 
them. 
3. The  Member  States  shall  charge the imports of 
the products concerned against their shares as and 
when  the products are entered  with  customs, auth­
orities  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 under the conditions set in 
paragraph 3. 
Article  8 
At the Commission's  request, the  Member  States  shall 
inform  it of imports actually charged against their 
shares. 
Article  9 
The Member  States and the  Commission  shall 
cooperate  closely  to ensure  that  this  Regulation  is 
complied  with. 
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, 
For the Council 
The President