COMVIISSION OF THE EUROPEAN COMVIUNITIES 
COM(93) 490final 
Brussels, 12 October 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration af a Community 
tariff quota for fresh or dried hazelnuts, shelled or not, 
or iginat ing in Turkey 
(1994) 
(presented by the Commission) 
A. 
EXPLANATORY MEMORANDUM 
1. Council Regulation (EEC) No 4115/86 of 22 December 1986 on imports 
into the Community of agricultural products originating in Turkey 
provides for the opening of an annual Community tariff quota of 
25 000 tonnes at zero duty for fresh and dried hazelnuts, shelled 
or not, falling within the CN codes No 0802 21 00 or 0802 22 00. 
Therefore, this tariff quota should be opened for 1994. 
2. As in the case of other Community tariff quotas, the proposal do 
not provide for the quota volumes to be allocated among the Member 
States, which will make drawings from the quota volumes to cover 
actual imports. 
3. As regards the method of administration of this quota it is 
proposed that the entire quota volume be held as a Community 
reserve to which all Member States will have access in accordance 
with the procedure provided for m Article 3 of the proposal for a 
Régulât ion. 
This is the purpose of the attached proposal. 
Annex: proposal for a Regulation 
Préposai for a 
COUNCIL REGULATION (EEC) No 
of 793 
opening and providing for the administration of a Community tariff quota for 
fresh or dried hazelnuts, shelled or not, originating in Turkey (1994) 
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 
4115/86 of 22 December 1986 on imports into the 
Community of agricultural products originating in 
Turkey ('), provides that fresh or dried hazelnuts, shelled 
or not and originating in Turkey shall be admitted on 
importation into the Community at zero duty within (he 
limits of a Community tariff quota of 25 000 tonnes ; 
whereas the Community tariff quota concerned should 
therefore be opened for 1994 Î 
Whereas equal and continuous access to the quota should 
be ensured for all Community importers and the rate laid 
down for the quota should be applied consistently to all imports of the products in question into the Member 
States until the quota is exhausted ; 
Whereas the decision for the. opening, in 
the execution of its international 
obligations, of a tariff quota should be 
taken by the Community; whereas, to 
ensure the efficiency of a common 
administration of this quota, there is, 
however, no obstacle to authorising the 
Member States to draw from the quota-
volume the necessary quantities 
corresponding to actual imports; whereas 
this method of administration requires 
close cooperation between the Member 
States and the Commission and the latter 
must in particular be able to monitor 
the rate at which the quota is used up 
and inform the Member States 
accordi ngI y ; 
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 concerning the adminis­
tration of the quota may be carried out by any one of its 
members, 
HAS ADOPTED THIS REGULATION : 
Order No 
09.0201 CN code 
0802 21 00 
0802 22 00 Article 1 
1. From 1 January to 31 December 1994 the customs 
duty applicable to imports into the Community of the 
following products originating in Turkey shall be 
suspended at the level indicated and within the limits of a 
Community tariff quota as shown below : 
Description 
Fresh or dried hazelnuts, shelled or not Amount 
of quota 
(in tonnes) 
25 000 rate of 
quota duty 
(%) _ 
0 
Article 3 
2. Imports of the products in question may not be 
charged against this tariff quota if they already qualify for 
the same customs duties under other preferential tariff 
arrangements. 
Article 2 
The tariff quota referred to in Article 1 shall be adminis­
tered by the Commission, which may take any appro­
priate measure with a view to ensuring the efficient ad­
ministration thereof. 
(') OJ No . If an importer presents in a Member State a declaration of 
entry into free circulation including a request for pref­
erential benefit for a product covered by this Regulation 
and if this declaration is accepted by the customs auth­
orities, the Member State concerned shall draw, from the 
tariff quota, by means of notification to the Commission, 
a quantity corresponding to these needs. 
Th-: requ sts for drawing, with the indication of the date 
• ' of the said declaration, must be communi-
! ornmis;ion without delay. 
-$ 
The drawings are granted by the Commission on the basis 
of the date of acceptance of the declaration of entry into 
free circulation by the customs authorities of the Member 
State concerned, to the extent that the available balance 
so permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon as possible to the tariff quota. 
If the quantities requested are greater than the available 
balance of the quota, allocation shall be made on a pro 
rata basis with respect to the requests. Member States, shall 
be informed by the Commission of the drawings made. the quota for such time that the residual balance of the 
quota volume permits. 
Article 5 
The Member States and the Commission shall cooperate 
closely in order to ensure that this Regulation is complied 
with. 
Article 4 
Each Member State shall ensure that importers of the 
product concerned have equal and continuous access to Article 6 
This Regulation shall enter into force on 1 January 199,4. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
FINANCIAL RECORD 
1. Budget Une concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 113 of the Treaty 
3. Title of the tariff measure concerned : Proposal for Council 
Regulation (EEC) opening and providing for the administration of a 
Community tariff quota for fresh or dried hazelnuts, shelled or 
not, originating in Turkey (1994). 
4- Object ive : Fulfilment of contractual obligations of the Community 
(Agreement EEC/Turkey). 
5. Method of calculation : 
CCT heading: 
Volume of the quota 
Duty to be appI ied: 
Normal CCT duty: 
Average pr ice : 0802 21 00 and 0802 22 00 
25 000 tonnes 
0 % 
4 % 
2 350 ECU/T 
Duty-loss : 
Value per tonne : 
Value of 25 000 tonnes 
Total loss : 2 350 ECU 
58 750 000 ECU 
2 350 000 ECU 
In 1993, the duty-loss stood at 2 636 000 ECU. In 1994, decreased 
loss of 286 000 ECU. S 
ISSN 0254-1475 
COM(93) 490 final 
DOCUMENTS 
EN 1102 
Catalogue number : CB-CO-93-524-EN-C 
ISBN 92-77-59752-6 
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