PROPOSAL FOR A 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 ( 1990 )
Date: 1989-09-12
Institutions: European Commission
Subjects: Türkiye, nut, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 421 final 

Brussels, 12 September  1989 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

opening  and providing  for the administration  of a 

Community  tariff quota  for fresh or dried  hazelnuts, 

shelled  or  n o t,  o r i g i n a t i ng 

in 

Turkey 

(1990) 

(presented by the  Commission) 

fa«u  p 

EXLANATOBY MEMORANDUM 

Council Regulation  (EEC) No 3721/84 of 18 Decentoer 1984 on 

imports into the Gortmunity of agricultural products originating 

in Turkey 

provides for the opening of an annual Ccratunity 

tariff quota of  25 000 tonnes at zero duty for fresh or dried 

hazelnuts, shelled or not, falling  within the CN codes 

No 0802 21 00 or 0802 22 00. 

2.  within the  limits of this tariff quota, Spain shatl apply the customs 

duty calculated  according  to the Council  Regulation  (E?P  No 2573/87 °* 

11 August  1987  laying down the arrangements  for trade between  Spain and 

Portugal  on the one hand and  Turkey  on the other. This regulation also 

provides  for Portugal  to defer until 31 December  1990 the application of 

the preferential  arrangements  for these products. 

Therefore, this tariff  quota  should be opened  for 1990. 

2^ 

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  in Article 3 of the proposal  for a Regulation. 

This  is the purpose of  the attached  proposal. 

ANNEX  :  Proposal  for a  Regulation. 

Proposal  for  a 

COUNCIL  REGULATION  (EEC)  N oi > g/ go 

of 

opening 

and providing for the administration of a Community tariff quota for fresh 

or dried  hazelnuts,  shelled  or not,  originating  in Turkey  (7  9 9 0) 

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 
imports  into  the 
3721/84  of  18  December  1984  on 
in 
Community  of  agricultural  products  originating 
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  the 
limits  of  a  Community  tariff  quota  of  25  000  tonnes; 
whereas  the  Community  tariff  quota  concerned  should 
therefore  be opened  for  1 9 9 0; 

Whereas, however, Council Regulation (EEC) No  2573/87 
of  11  August  1987  laying down  the arrangements for trade 
between  Spain  and  Portugal  on  the  one  hand  and  Algeria, 
Egypt,  Jordan,  Lebanon,  Tunisia  and  Turkey  on  the 
other(2)Provides for the Portuguese Republic to defer until 
31  December  1990  the  application  of  the  preferential 
in  question;  whereas, 
arrangements  for  the  products 
consequently  this  Regulation  does  not  apply  to  Portugal; 
whereas the Community  tariff  quota  in question  should  be 
opened  for  A OQQ • 

Whereas equal and continuous access to the quota should be 
ensured for ;ill Communiry 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; 

*ten*&,  ft 

is  appropriate  to  take  the  necessary measures 
to  ensure  efficient  Cdtrmunity  administration 
of  this  t a r i ff  quota  while  offering  the " 
Member  States  the  opportunity  to  draw from 
the  quota  volume  the  necessary  quantities 
corresponding  to  actual  imports; whereas 
this  method ot  adninistration  requires 
close  cooperation  between  the  Member States  • 
and the  Commission; 

'  «  ••: 

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  administration  of  the 
quota 
may be carried 
out  by  any  one  of  its  members, 

HAS ADOPTED THIS REGULATION: 

Article  1 

1. 
From 1 January to 31 December 199(> the customs duty 
applicable to imports into the Community  with  the  exception  of 

ftMtugal 

•* 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: 

(>) oj No L 343,31.12.1984, p. 6. 

/->\ OJ No L 250,  \.  9.  1987, p. 1. 

- 2-

Order No 

CNcodc 

Description 

Amount of quota 
{tOfUMS) 

Ran of 
quota doer 

09.0201 

0802  21  00 
0802  22  00 

Fresh  or dried  hazelnuts,  shelled  or  not. 

25  000 

0 

Within the limit of this tariff  quota the Kingdom of Spain 
shall  apply  customs duties calculated  in  accordance with 
Regulation (EEC) No  2573/87. 

Imports of the products in question may not be charged 

2. 
against  this  tariff  quota  if  they  already  qualify  for  the 
same  customs  duties  under  other  preferential  tariff 
arrangements. 

Artkkl 

The tariff quota referred to in Article 1 shall be administered 
by  the  Commission,  which  may  take  any  appropriate 
measure with a view to ensuring the efficient administration 
thereof. 

» 

Article 3 

If an importer presents in a Member State a declaration of 
entry into free circulation including a request for preferential 
benefit for a product covered by this Regulation ,~Snd if this 
declaration  is  accepted  by  the  customs  authorities,  the 
Member State concerned shall draw, from the tariff  quota, 
by  means  of  notification  to  the  Commission,  a  quantity 
corresponding to these needs. 

The requests for drawing, with die indication of the date of 
acceptance of the said declaration, must be communicated to 
die Commission without delay. 

The dm wings are granted by the Commission on the basis of 
the dare 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 .i Member State does not use the quantities drawn, it shall 
return them as soon as possible to the tariff quota. 

If  rhe  quantities  requested  are  greater  than  the  available 
b.ilance of the 
quota, allocation shall be made on a pro 
rjf.j basis with respect to the requests. Member States shall be 
t h e - d r a w i n gs  Bade). 
informed  by the Commission  of 

ArtieU  4-r.:":^V 

Each Mentoer State  shall  ensure  that  infjorters 
of  the  product  concerned  have equal  «d^fgfÇV: 
tinuo* access  to  the  quota 
the  r«icàjil  balance  < * * • £, 
•> 
peewits» 

i^ 

., 

t 

-3  -

Arncir.5 

•:  •»* • 

r'^r'\ 

The  Member  States  and  the  Commttsk»  shafl  cooperate 
closely  in order  to ensure  that  this  Regulation  is complied 
with. 

Article  6 

This Regulation  shall enter  into force on  1  January  1990. 

This  Regulation  shall  be  binding  in  ip  entirety  and  directly  applicable  in  all  Member 
States. 

Done at Brussels, 

For the Council 
The President 

FICHE FINANCIERE 

Ligne budgétaire concernée : Chap. 12 art.120 

Base juridique : art. 113 du traité 

Intitulé  de  la  mesure  tarifaire  :  Proposition  de  règlement  du 
Conseil  portant  ouverture  et  mode  de  gestion  d'un  contingent 

tarifaire communautaire pour les noisettes fraîches ou sèches, même 

sans  leurs  coques  ou  décortiquées, originaires  de Turquie  (année 

1990) 

Objectif : Respect des engagements de la Communauté vis-à-vis de la 

Turquie. 

Mode de calcul  : 

Codes N.C. 

0802 21 00 et 0802 22 00 

Volume du contingent 

25 000 tonnes 

Droit à appliquer 

Droit normal 

Prix moyen 

0 % 

4 % 

3 358 écus/t 

Perte de recettes : 

Valeur d'une tonne 

: 3 358 écus 

Valeur de 25 000 tonnes : 83 950 000 écus 

Perte totale 

: 3 358 000 écus 

En  1988, une perte de recettes  de 4  141  500 écus a été inscrite 

(prix 0 : 4 141,5 écus). 

Ù 
<£ 

'm 

FICHE  D'IMPACT  SUR  LA  COMPETITIVITE  ET  L'EMPLOI 

Cette  p r o p o s i t i on  e st  formulée  en  conformité  avec  un  engagement  c o n t r a c t u el 

de 

la  Communauté.  L'impact  découlant  de  c e t te  concession  a  é té  p r is  en 

c o n s i d é r a t i on 

l o rs  de  la  p r i se  de  d é c i s i on  d ' a d o p t i on  de  ce  c o n t i n g e nt  et 

il  n ' a u ra  p as  un  c a r a c t è re  s é r i e ux  sur  la  c o m p é t i t i v i té  et  l ' e m p l oi  dans 

la 

Communauté. 

3-

ISSN 0254-1475 

COM (89) 421 final 

DOCUMENTS 

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ii  02 

Catalogue number : CB-CO-89-394-EN-C 

ISBN 92-77-52804-4 

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