Proposal for a COUNCIL REGULATION (EEC) suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey (1994)
Date: 1993-10-12
Institutions: European Commission
Subjects: Türkiye, agricultural product, customs duties, import (EU), suspension of customs duties

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MO3) 488 final 

Brussels,  12 October  1993 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

suspending  wholly  or  in  part  the  Common  Customs  Tariff  duties  on  certain 
agricultural  products  originating  in  Turkey  (1994) 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1. 

The  additional  Protocol  and  the  Supplementary  Protocol  concluded  by 

the  Community  with  Turkey  provide  for  certain  partial  or  total 

suspensions  of  duty  on  agricultural  products  falling  within  Chapters 

1  -  24  of  the  Common  Customs  Tariff. 

In addition,  the  Council  decided  that,  with  effect  from  1  January 

1974,  Turkey  should  not  be  treated  less  favourably  than  those 

countries  and  territories  which  qualify  for  generalized  tariff 

preferences. 

2. 

The  purpose  of  this  proposal  for  a  Regulation  is  to  implement  that 

decision.  It  extends  to  Turkey  for  1994, on  a  unilateral  basis,  the 

total  or  partial  suspensions  of  duties  proposed  by  the  Commission 

under  the  generalized  tariff  preferences  scheme.  These  suspensions 

are,  however,  confined  to  those  products  falling  within  Chapters  1-24 

in  respect  of  which  no  provision  is made  for  more  favourable  treatment 

in  the  agreements  with  Turkey. 

3. 

Attention  is drawn  to  the  fact  that  : 

-  the  proposal  for  a  Regulation  is based  on  the  Supplementary 

Protocol  which  entered  into  force  on  1 March  1 9 8 6 ^ ^; 

-  the  enacting  terms  of  the  Regulation  and  the  lists  of  products 

annexed  to  it  are  based  on  the  proposals  which  the  Commission  has 

presented  to  the  Council  concerning  generalized  tariff  preferences 

for  agricultural  products. 

(1)  OJ  n'  L  48,  26.2.1986,  p.  36 

P r o p o s al 

for 

COUNCIL  REGULATION  (EEC)  No 

/93 

3 

s u s p e n d i ng  w h o l ly  or  in  part  the  C o m m on  C u s t o ms  Tariff  duties  on  certain 

agricultural  p r o d u c ts  o r i g i n a t i ng 

in  Turkey  (1994) 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

HAS  ADOPTED  THIS  REGULATION 

Having  regard 
Economic  C o m m u n i t y,  and 
thereof, 

to  the  Treaty  establishing 

the  European 
in  particular  Article  113 

II  November  1980 

Having  regard  to  Council  Regulation  (EEC)  No  3033/80 
trade  arrange 
of 
ments  applicable 
the 
from 
processing  of  agricultural  products  ('),  and 
in  particular 
Article  12  thereof, 

the 
resulting 

to  certain  goods 

laying  down 

Having  regard  to  the  proposal  from 

the  Commission, 

the 

transitional 

timetables 
to 
referred 

the  European  Economic  C o m m u n i ty 

the  conditions,  procedures  and 
phase 

Whereas  under  Annex  6  to  the  Additional  Protocol  laying 
for 
down 
in 
implementing 
Article  4  of  the  Agreement  establishing  an  Association 
between 
and 
Turkey  (J)  and  under  Article  9  of 
the  Supplementary 
Protocol  to  the  Association  Agreement  between  the  Euro 
pean  Economic  C o m m u n i ty  and  Turkey  consequent  on 
the  accession  of  new  Member  States  to  the  C o m m u n i ty  ('), 
which  was  signed  in  Ankara  on  30  J u ne  1973  and  entered 
l  March  1986 (4)  the  C o m m u n i ty  must 
into  force  on 
wholly  or  in  part  suspend  the  C o m m on  Customs  Tariff 
it  also 
duties  applicable 
appears  necessary,  on  a  provisional  basis,  to  adjust  or 
supplement  some  of  the  advantages  provided  for  in 
the 
a h o v e n u n t i o n ed  Annex 
the  C o m m u n i ty 
should,  therefore,  with  regard  to  the  products  originating 
in  Turkey  contained 
in  the  list  annexed  to  this  Regula 
tion,  suspend  until  31  December  1994  either  the  fixed 
c o m p o n e nt  of  the  charge  applicable  to  the  goods  falling 
within  the  scope  of  Regulation  (EEC)  No  3033/80  or  the 
the 
customs  duty  applicable 
levels  indicated  for  each  of  them  , 

to  certain  products  ;  whereas 

the  other  products,  at 

f> ,  wheieas 

to 

Article  1 

I. 
From  1  January  to  31  December  1994  the  customs 
duties  on  imports  into  the  Member  States  of  the  products 
originating  in  Turkey  listed  in  the  Annex  shall  be  those 
indicated  for  each  of  them 

in  the  said  Annex. 

For  the  purposes  of  applying 

the 
2. 
rules  of  origin  shall  be  those  in  force  at  the  time  for  the 
implementation  of  the  Agreement  establishing  an  Associ 
ation  between  the  European  Economic  C o m m u n i ty  and 
Turkey. 

this  Regulation, 

T he  methods  of  administrative  cooperation  for  ensuring 
the 
that  the  products  listed  in  the  Annexe  benefit  from 
total  or  partial  suspension  shall  be 
in 
Association  Council  Decision  No  5/72  attached  to  Regu 
lation  (EEC)  No  428/73,  as  last  amended  by  Decision 
No  1/83,  attached 

to  Regulation  (EEC)  No  993/83  0. 

laid  down 

those 

Article  2 

for 

imports  of  products  qualifying 

W h en 
the  arrange 
ments  provided  for  in  Article  1  c o me  into  the  C o m m u 
nity  in  quantities  or  at  prices  which  cause  or  threaten  to 
cause  serious  injury  to  the  C o m m u n i ty  producers  of  such 
products  or  directly  competitive  products,  the  C o m m on 
duties  may  be  partially  or  wholly 
Customs  Tariff 
in  question.  These 
re-established 
measures  may  also  be  taken  in  the  event  of  serious  injury 
or  the  threat  of  serious  injury  limited  to  a  single  region  of 
the  C o m m u n i t y. 

products 

the 

for 

Whereas  suspension  of  these  duties  shall  be  decided  by 
the  Commission, 

(')  OJ  No  1.  M.i,  29.  11.  1980,  |>.  I 
(')  OJ  No  217,  29.  12.  1964,  p  1687/64. 
(')  OJ  No  l.  Î61,  31.  12.  1977,  p.  2. 
(')  OJ  No  I.  48,  26.  2  1986,  p.  Î6 

Article 

} 

In  order  to  ensure  the  application  of  Article  2,  the 
1. 
Commission  may  decide  by  means  of  a  Regulation 
to 
re-establish  C o m m on  Customs  Tariff  duties  for  a  limited 
period. 

(S)  OJ  No  I.  112,  28  4  198.5,  p  I 

7 

2.  Where  the  Commission  has  been  requested  by  a 
Member  State  to  take  action  it  shall  take  a decision  within 
a  maximum  period  of  10  working  days  from  receipt  of 
the  request  and  shall  inform  the  Member  States  of  the 
action  taken. 

the  Commission's 
3.  Any  Member  State  may  refer 
action  to  the  Council,  within  10  working  days  of  its  noti 
fication. 

the  matter  to  the  Council  shall  not  have  a 
Referring 
suspensory  effect.  The  Council  shall  meet  without  delay. 
It  may  by  a  qualified  majority  amend  or  annul 
the 
measure  taken. 

Article  4 

This  Regulation  shall  enter  into  force  on  1 January  1994 

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

Done  at  Brussels, 

For  the  Council 

The  President 

A AW/-. A' 

y 

List  of  p r o d u c ts  f a l l i ng  w i t h in  C h a p t er  1  to  24  o r i g i n a t i ng  in  T u r k ey  for  w h i ch  there  are  g r o u n ds 
for  total  or  partial  s u s p e n s i on  of  the  C o m m on  C u s t o ms  Tariff 

Order 
No 

CN  code 

Description 

15.0001 

ex  0709  30 00 

-  Aubergines,  from 

I  to  14  January 

Vegetables,  fresh  or  chilled  : 

Manioc,  arrowroot,  salep,  Jerusalem  artichokes,  sweet  potatoes  and  other  similar 
roots  and  tubers  with  high  starch  or  inulin  content,  fresh  or  dried,  whole  or 
sliced  ;  sago  pith  : 

15.0003 

0714  20  10 

— Sweet  potatoes  intended  foi  h u m an  c o n s u m p t i on  (') 

15.0005 

ex  0807  10  10 

W a t e r m e l o n s,  from  1  November 

to  31  March 

Melons  (including  watermelons)  and  papaws  (papayas),  fresh 

Rate  of 
duty  (') 

9  % 

Free 

6,5  % 

Chocolate  and  other  food  preparations  containing  cocoa  : 

— Cocoa  powder,  not  otherwise  sweetened 

than  by  the  addition  of  sucrose 

3% 

Chocolate  and  chocolate  goods,  whether  or  not  filled,  sugar  confectionery  and 
substitutes  therefore  made  from  sugar  substitution  products,  containing  cocoa 

9  % 

1 5.0007 

ex  1806  10  10 
ex  1806  10  30 
ex  1806  10  90 

1 5.0009 

1806  20  10 
1806  20  30 
1806  20  50 
1806  20  80 
1806  20  95 
1806  31  00 
1806  32  10 
1806  32  90 
1806  90  11 
1806  90  19 
1806  90  31 
1806  90  39 
1806  90  50 

15.0011 

ex  1901  90  90 

Preparation  based  on  flour  of  leguminous  vegetables  in  the  form  of  sun-dried 
discs  of  dough,  known  as  'papad  ' 

15.0013 

ex  1903 00  00 

Tapioca,  other  than 

tapioca  prepared  from  potato  starch 

Preparations 

- 

-  corn 

15.0015 

0710  40  00 
0711  90  30 
2001  90  30 
2004  90  10 
2005  80  00 
2008  99  85 

15.0017 

1904  90  10 

Of  rice 

15.0019 

1904  90  90 

Of  other  cereals 

(')  The  Taric  codes  are  to  be  found  on  page  2  of  this  Annex. 

(')  Entry  under  this  CN  code  is  subject  to  conditions  laid  down  in  the  relevant  Community  provisions 

(*)  Without  prejudice  to  th€  levying  of  any  additional  duties  applicable. 

Free 

2% 

3% 

3  % 

2% 

t. 

Tarie  codes 

Order 
No 

15.0001 

150005 

15.0007 

15 0011 

CN  rode 

Tarie code 

ex 0709 30 00 

0709 30 0 0' 10 

ex 0807 10 10 

080710 10' 10 

ex  1806 10 10 

1806 10 10' 11 

1806 10 10 " 91 

ex  1806 10 30 

1806 10 3 0' 10 

ex  1806 10 90 

ex  1901 90 90 

1806 10 9 0' 10 

1901 90 90* 12 

15.0013 

ex  1903 00 00 

1903 00 00*90 

' 14 

' 16 

' 18 

FINANCIAL  RECORD 

* 

1. 

Budget  line  concerned  : Chap.  12 Art.  120 

2. 

Legal  basis  : Art.  113 of  the  Treaty 

3. 

Title  of  the  tariff  measure  concerned  : Proposal  for  a  Council 

regulation  suspending  wholly  or  partially  the  Common  Customs  Tariff 

duties  on  a  number  of  agricultural  products  originating  in  Turkey 

(1994) 

4- 

Object ive  : Fulfilment  of  contractual  obligations 

1  j^ftv 

iaf.^ 

5. 

Method  of  calculat ion 

CCT  heading:  various 

Volume  under  suspension:  unlimited 

Duty  to  be  applied:  zero or  partial  duty 

Normal  CCT  duty  : various: 

6. 

Duty-loss  : Due  to  the  uncertainty  of  the  volume  of  exports  from 

Turkey,  it  is not  possible  to give  an  exact  figure  for  the  duty-loss 

for  1994. 

There  is no  additional  duty-loss. 

s 

BSN 0254-1475 

COM (93) 488 final 

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ISBN 92-77-59734-8 

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