Proposal for a Council Regulation (EC) on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95
Date: 1998-02-27
Institutions: European Commission
Subjects: Türkiye, agricultural product, import, tariff quota, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.02.1998 
COM(1998) 107  final 

98/0069 (ACQ 

Proposal for a 

COUNCIL REGULATION (EC) 

on the import into the Community of agricultural products originating in Turkey, 
repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  purpose  of  this  proposal  for  a  Regulation  is  to  enable  the  Commission  to  implement 
the  concessions  provided  for  in  the  latest  decision  of  the  EC-Turkey  Association  Council 
on  the  trade  regime  for  agricultural  products. 

For  fishery  products,  there  is  a  special  provision  making  application  of  the  preferential 
tariff  subject  to observance  of  import  and  reference  prices. 

It  also  provides  lor  the  abolition  of  the  former  concessions  by  repealing  Council 
Regulation  (EEC)  No  4115/86'  as  regards  the  concessions  provided  for  in  Decision 
No  1/80  of  the  Association  Council,  and  certain  provisions  on  Turkey  laid  down  in 
Council  Regulation  (EC)  No  3010/W. 

In  view  of  the  very  strict  lime  limits,  it  is proposed  that  this  Regulation  should  enter  into 
force  on  the  day  following  its  publication  in  the  Official  Journal  of  the  European 
Communities. 

1  OJ  380,  31.12.1986,  p.  16. 

O.I  314,  2 8 . I 2 . I W 5,  p.  I.  Regulation  amended  by  Council  Regulation  (IÎC)  No  540/96,  OJ  79, 
29.3.1996,  p.  8. 

J-  3 

Proposal  for  a 

Council  Regulation  (KC)  No 

on  the  import  into  the  Community  of agricultural  products originating  in  Turkey, 
repealing  Regulation  (EEC)  No 4115/86 and  amending  Regulation  (EC)  No  3010/95 

THE COUNCIL  OF  I I IE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article  1  13 thereof, 

Having  regard  to the  proposal  from  the  Commission, 

Whereas  Decision  No  .../98  of  the  EC-Turkey  Association  Council  of 

1998  on  the 

trade  regime  for  agricultural  products  establishes  the  system  of  preferences  applicable  to 

imports  into  the  Community  of  agricultural  products  originating  in  Turkey;  whereas 

provision  should  be  made  to allow  the  Commission  to adopt  special  detailed  rules  for  the 

application  of  that  new  import  regime,  without  prejudice  to  Articles  6  and  7  of  Council 

Regulation 

(EC)  No  1981/94  opening  and  providing 

for 

the  administration  of 

Community  tariff  quotas  for  certain  products  originating  in  Algeria,  Cyprus,  Egypt, 

Israel,  Jordan,  Malta,  Morocco,  West  Bank  and  Gaza  strip,  Tunisia  and  Turkey,  and 

providing  detailed  rules  for  extending  and  adapting  these tariff  quotas5; 

Whereas,  in  the  case  of  products  for  which  Community  regulations  require  a  certain 

import  price  to  be  observed,  application  of  the  preferential  tariff  system  is  subject  to 

observance  of  that  price; 

1  OJ  199,  2.8.1994,  p.  I.  Regulation  as  last  amended  by  Commission  Regulation  (liC)  No  1667/97  (OJ 

216,  27  8.1997,  p. 1.) 

Whereas  Council  Regulation  (EEC)  No  4115/86  of  22  December  19864  lays  down  the 

arrangements  applicable  to  imports  into  the  Community  of  agricultural  products 

originating  in  Turkey  on  the  basis of  Decision  No  1/80  of  the  EEC-Turkey  Association 

Council;  whereas  the  provisions  on  agriculture  of  that  Decision  were  repealed  by 

Decision  No  ...798  of  the  Association  Council;  whereas,  as  a  result,  Regulation  (EEC) 

No 4115/86 should  be repealed; 

Whereas  the tariff  concessions  for  the three  products originating  in Turkey  laid  down  in 

Council  Regulation  (EC)  No  3010/95  of  18  December  1995  totally  or  partially 

suspending  the customs duties applicable  to certain  products  falling  within  Chapters  1 to 

24 and  Chapter  27 of  the Combined  Nomenclature  originating  in  Malta  and  Turkey5,  as 

amended  by  Council  Regulation  (EC)  No  540/96  of  25  March  1996(\  should  also  be 

abolished; 

Whereas the Decision  of the Association  Council  applies  from  1 January  1998; whereas, 

in  view  of  the  urgency,  this  Regulation  should  enter  into  force  on  the  day  following  its 

publication  in the Official  Journal of the European Communities, 

HAS ADOPTED THIS  REGULATION: 

Article I 

l;or  the  products  listed  in  Annex  II  to  the  EC  Treaty  originating  in  Turkey  and  allowed 

for importation  into the Community  under the conditions laid down  in Decision  No ...798 

of  the  EC-Turkey  Association  Council,  detailed  rules  for  the  application  of  the  import 

regime  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in  Article  38  of 
Regulation  No  136/66/EEC7  or,  where  applicable,  in  the  corresponding  Articles  of  the 

other regulations on  the common organisation  of agricultural  markets, without  prejudice 

to Articles 6 and 7 of Council Regulation (EC) No  1981/94. 

2  OJ380, 31.12.1986, p.  16. 

1  OJ 314, 28.12.1995, p.  I. 

4  OJ 79, 29.3.1996, p. 8. 

5  OJ  172, 30.9.1966, p. 3025/66. 

Article 2 

In the case of products for  which Community  regulations require a certain  import price to 

be observed, application  of the preferential  tariff  system shall  be subject  to observance of 

that price. 

In  the  case  of  fishery  products  for  which  a  reference  price  is  set,  application  of  the 

preferential  tariff shall  be subject  to observance of that reference  price. 

Article 3 

Council  Regulation (EEC') No 4115/86 is hereby  repealed. 

Article 4 

Regulation (EC) No 3010/95 is hereby amended as  follows: 

1.  The title is replaced  by the  following: 

"Council  Regulation  (EC)  No  3010/95  of  18  December  1995  totally  or  partially 

suspending  the customs duties applicable  to certain  products  falling  within  Chapters 

I to 24 of the Combined  Nomenclature originating in Malta". 

2. 

The text of Article  1  is replaced  by the  following: 

"Imports  into  the  Community  of  the  products  originating  in  Malta  listed  in  the 

Annex  to  this  Regulation  shall  be  subject  to  the  customs  duties  indicated  for  each 

product". 

3. 

The text of Article 2 is replaced  by the  following: 

"Tor  the  purposes  of  applying  this  Regulation,  the  rules  of  origin  shall  be  those  in 

force  at  any  given  lime  for  the  purposes  of  the  Agreements  establishing  an 

association  between  the European  Economic Community and  Malta". 

4.  Annex  I with  the list of products  falling  within Chapters  I to 24 originating  in Malta 

is entitled  "Annex". 

5.  Annex  II  with  the  list  of  products  falling  within  Chapters  1  to  24  originating  in 

Turkey  is  repealed. 

Article  5 

This  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official 

Journal  of  the  European  Communities. 

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

Slates. 

Done at  Brussels, 

1998 

•or the  Council 

FINANCIAL  STATEMENT 

rw*aaaBS«ESE,-*H?spyt 

BUDGET  HEADING. 
Chapter  10 - agricultural  duties 

APPROPRIATIONS: 
ECU 623.8 million 

TITLE: 
Council  Regulation  on the import  into the Community of agricultural  products originating  in Turkey, repealing  Regulation 
(EEC) No 41 15/86 and amending  Regulation  (EC) No 3010/95 

LEGAL BASIS: 
Article  I 13 of the  Treaty 

AIMS: 
'To implement the concessions provided  for  in Decision  No .../98 of the EC- Turkey Association Council. 

5. 

FINANCIAL  IMPLICATIONS 

5.0 

EXPENDITURE 

CHARGED TO  THE EG BUDGET 
(REFUNDS/IN TERVEN  HON) 

-  NATIONAL  AUTUORITIES 
-  OTHER 

5.1. 

REVENUE 
-  OWN  RESOURCES Ol •THE  I'C 
(LEVIES/CUS TOMS DUTIES) 

-  NATIONAL 

5 0  I 
5.1  I 
5.2 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 
METHOD  OF  CALCULATION: 

PERIOD OF 12 
MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR 
(97) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR 
(98) 
(ECU  million) 

1997 

1998 

1999 

2000 

6.0 

6  1 

CAN  IIII-  PROJECT BE: FINANCED  FROM  APPROPRIATIONS  ENTERED  IN  THE 
RELEVANT CHAPTER  OF Till-  CURRENT BUDGET? 
CAN  THE  PROJECT BE FINANCED  BY TRANSFER  BETWEEN  CHAPTERS OF THE 
CURRENT  BUDGET? 
WILL A SUPPLEMENTARY  BUDGET BE NECESSARY? 
WILL  FUTUR!-  BUDGET APPROPRIATIONS  BE NECESSARY? 

6.2 
6.3 
OBSERVATIONS: 

YES/NO 

YES/NO 

Y-ES/NO 
YES/NO 

This proposal  lor a Council  Regulation  implements the concessions  provided  Tor in Decision  No .../98 of the  EC-Turkey 
Association  Council,  for  which  statement  No 002/1II /CG/da  was drawn  up.  This proposal has no additional  financial 
implications. 

<? 

ISSN 0254-1475 

COM(98)  107 final 

DOCUMENTS 

EN 

03  11  02  10 

Catalogue  number  :  CB-CO-98- 107-EN-C 

ISBN 92-78-31328-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

9