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
Date: 1997-06-19
Institutions: European Commission
Subjects: Türkiye, fruit vegetable, import (EU), trade agreement, vegetable product

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.). 

Tomato concentrate: correction  coefficients 

Annex 

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 

CN code 

Description 

09.0207 

2002 90 31 

2002 90 39 

2002 90 91 

2002 90 99 

09.0209 

2002 90 31 

2002 90 39 

2002 90 91 

2002 90 99 

prepared 

Tomatoes 
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 

prepared 

Tomatoes 
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 

Rate of duty 

(%) 

Quota volume 
per year or 
indicated 
period (tonnes) 

0 

15 000, of a dry 
matter  content 
of  28/30%  by 
weight (2) 

0 

15 000, of a dry 
matter  content 
of  28/30%  by 
weight (2) 

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 

Î4 

_ 

_ 

20 

22 

24 

26 

28 

30 

32 

34 

36 

38 

40 

42 

93 

" 

0.44828 

0.51724 

0.58621 

0.65517 

0.72414 

0.7931 

0.86207 

0.93103 

Ï 

1.06897 

1.13793 

1.20689 

1.27586 

1.34483 

1.41379 

1.44828 

3.32759 

14 

16 

_ 

_ 

22 

24 

26 

28 

30 

32 

34 

36 

38 

40 

42 

93 

ÏÔÔ 

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 

Done  at Brussels, 

States. 

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. 

The  above  quantities  shall  refer  to  a  dry  matter  content  of  28/30%  by  weight. 
(d) 
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\ 

Tomato concentrate: correction coefficients 

Annex 

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-

Sir, 

B. Letter from Turkey 

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 tariff  quota  exempt  from  customs  duty  of  15 000 tonnes  of  tomato  concentrate 
(a) 
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. 

a  tariff  quota  exempt  from  customs  duty  of  15 000 tonnes  of  tomato  concentrate 
(c) 
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 

Tomato concentrate: correction coefficients 

Annex 

Dry matter content by weight 

not less than: 

not more than 

Coefficients 

14 

16 

18 

20 

22 

24 

26 

28 

30 

32 

34 

36 

38 

40 

42 

12 

14 

16 

18 

20 

22 

24 

26 

28 

30 

32 

34 

36 

38 

40 

42 

&mmm~«m»** 

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 

AÏ 

FINANCIAL STATEMENT 

BUDGET HEADING: 
1. 
Chapter  10 - agricultural duties 

APPROPRIATIONS: ECU 873 million 

TITLE: 

2. 
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 

AIMS: 

4. 
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 

ESTIMATED  EXPENDITURE 
ESTIMATED REVENUE 
METHOD OF CALCULATION: 

5.0.1 
5.1.1 
5.2 
Quota at zero duty 
Current imports 
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: 

2 x 15  000 tonnes 
40 000 tonnes. 

1998 
1.2 million 

1999 
1.2 million 

2000 
1.1 million 

2001 
1 million 

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 

6.1 

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 
RELEVANT CHAPTER OF THE CURRENT BUDGET? 
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE 
CURRENT BUDGET? 
WILL A SUPPLEMENTARY  BUDGET BE NECESSARY? 
WILL FUTURE BUDGET APPROPRIATIONS  BE NECESSARY? 

6.2 
6.3 
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. 

YES/NO 

YES/NO 

YES/NO 
Y-&S/NO 

Ifo 

ISSN 0254-1475 

COM(97)311final 

DOCUMENTS 

EN 

03  11  02 

Catalogue number  : CB-CO-97-298-EN-C 

ISBN 92-78-21531-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

(1