CELEX: 51973PC1635
Language: en
Date: 1973-10-02
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating, and providing for the administration of an additional Community tariff quota for fresh or dried nuts, shelled or not, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1635
Vol. 1973/0280
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(73 ) 1635 final
                                                        Brussels , 2 October 1973
                             PROPOSAL FOR A
                    REGULATION ( EEC ) OF THE COUNCIL .
       opening, allocating , and providing for the administration
     of an additional Community tariff quota for fresh or dried
     nuts , shelled or not , falling within subheading ex 08.05 G
          of the Common Customs Tariff, originating in Turkey
              ( submitted to the Council "by the Commission )
  C0M( 73 ) 1635 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1 . Regulation (EEC) NO          /73 of. ........ 1973 , on "the importation into
    the Community of certain agricultural products originating in Turkey ,
    adopted by the Counoil to take account of the need to amend the EEC-Turkey
    Association Agreement and the Additional Protoool without delay , following
    the accession of new Member States to the Community , provided , in particular ,
     for a reduction by 37 • 5% of the customs duty on fresh or dried hazelnuts ,
    shelled or not , falling within tariff _ subheading ex 08.05 G of the Common
     Customs Tariff within the limit of a Community tariff quota of 21 700 metric
    tons .    As a result , the rate of 4      entered in the Common Customs Tariff
    would be reduced to 2.5$«
                                                               A
    By Regulation (EEC) No 2831/ 72 of 28 December 1972 , the, Council opened for
     1973 and allooated among the Member States of the Community as originally
    constituted a Community tariff quota of 18 700 metrio tons for the products
    concerned with duty at 2.5$
    The sole aim of this proposed Regulation is to fulfil the Community 's
    obligations , by adopting a Community tariff quota whose volume , for the
    period from 1 November to 31 December 1973 , must be equal to one sixth
    of the difference , or 500 metrio tons .        Besides , in view of the faot that
    these new - tariff concessions are the result of an adjustment of Community
    obligations following the acoession of new Member States , these concessions
    ought to be applied to those new Member States .
      0J No L 298 , 31 Deoember 1 972 , p 31 .
 ---pagebreak--- Article 2 of the interim agreement , which "brings into force on
1 November 1973 certain provisions of the Additional Protocol on Trade ,
provides that the reductions in customs duties prescribed pursuant to
the Association Agreement should be applied by the new Member States in
the proportions and according to the time limits laid down . The same
Article also lays down that the rate of reductions concerning, in particular
the products mentioned in Annex VI to the Additional Protocol (which includes
hazelnuts ) may in no case be lower than the rate of reductions applied by the
new Member States to the Community as originally constituted .
As provided for in Article 59 (l )("b ) of the Act of Accession , the first
reduction of customs duties between the Community as originally constituted
and the new Member States does not take place until 1 January 1974 , so that
the duty to be applied to Turkey by the new Member States until
31 December 1973 in the context of this tariff quota would be equivalent to
the basic duty , which also applies apart from the quota .
For this reason no initial share has been assigned to the new Member States
in the proposed allocation .
In order to retain the Community character of the quota , the new Member
States could , nevertheless , draw an adequate share from the Community
reserves if, pursuant to Article 59(4 ) one of those States decided to
accelerate the alignment of their customs duties towards those of the Common
Customs Tariff . For that reason , and even though the period during which the
quota is applied is relatively short , the quota amount of 500 metric tons
has been divided , as usual , into two successive amounts , the first of which
is allocated to the Member States of the Community as originally constituted ,
while the second is held in reserve to cover their additional requirements ,
as well as the possible requirements of the new Member States , should they
decide to accelerate alignment on the Common Customs Tariff.
 ---pagebreak--- As in the past , and to take account of the seasonal nature of
these imports , the proposed reserve is to be fixed at 40$ of the
initial share .
 ---pagebreak---                              Proposal for a
                      E5GULATI0N ( EEC ) OF THE COUNCTL
           opening, allocating, and providing for the
           administration of an additional Community tariff
           quota for fresh or dried nuts , Bhelled.or not ,
           falling within subheading ex 08 . 05 G of the Common
           Customs Tariff, originating in Turkey
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 43 and 113 thereof j
Having regard to the proposal from the Commission ^
Having regard to the Opinion of the Assembly ^
Whereas , as provided for in Article 1 of Regulation (EEC) No          */73
                           1973 , concerning the importation into the Community
of certain agricultural products originating in Turkey , the Community must ,
from 1 November 1973 , reduce by 37*5$ the duty applied to the import of fresh
or dried nuts , shelled or not , falling within subheading ex 08 . 05 G of the Common
Customs Tariff, within the limit of a Community tariff quota of 21 700 metric
tons ; whereas the Common Customs Tariff duty would consequently be reduced to
                                                                     a
2.5%; whereas , by Regulation (EEC) No 2831/72 of 28 December 1972 , the Council
already opened and allooated among the Member States of the Community as
originally constituted , a Community tariff quota for those products of 18 700
90J No L            ,            1973 , p. . .
 0J No L 298 , 31 December 1972 , p.31 »
 ---pagebreak---                           - 2 - '
metric tons , at a rate of 2.5%, whereas it is therefore appropriate to
open an additional Community tariff quota amounting to one sixth of the
difference , or 500 metric tons , for the period from 1 November to
31 December 1973 ;
Whereas Article 2 of the Interim Agreement to introduce , on 1 November 1973 ,
certain provisions of the Supplementary Protocol signed in Ankara on
30 June 1973 provides that the reductions of the customs duties laid down
pursuant to the Association Agreement are to be applied by the new Member
States from the entry into force of the Interim Agreement in the proportions
and according to the time limits laid down , and that the rate fixed as a
result of the reductions regarding the products listed , in particular, in
Annex VI to the Additional Protocol – and which include nuts - may in no
case be lower than those applied by the new Member States with reference' to
the Community as originally constituted ; whereas , under Article 59 (^ K^)
the Act of Accession , the first reduction of customs duties between the new
Member States and the Community as originally constituted does not take
place until 1 January 1974 ; whereas the duty to be applied by the new Member
States until that date under the tariff quota concerned would therefore be
equal to the basic duty, which also applies apart from the quota; whereas^ in 1he
circumstances , the participation of the new Member States in the allocation
of the Community tariff quota concerned is unlikely whereas provision must
nevertheless be made for the possibility that one of these Member States may
decide , pursuant to Article 59(4 ) of the Act of Accession , to accelerate
alignment on the Common Customs Tariff during the period to which the quota
applies ; whereas such a development may be taken into account by providing
for those Member States to be able , if they require it , to draw a share
from the reserves ;
Whereas it is in particular necessary to ensure to all importers equal
and uninterrupted access to the above-mentioned quota and uninterrupted
application of the rate laid down for that quota to all exports
 ---pagebreak---                                   - 3 -
of the products concerned, into all Member States until the quota has "been
used up ; whereas , having regard to the principles mentioned above , the
Community nature of the quota can be respected by allocating the Community
tariff quota among the Member States referred to above ; whereas , in order
to reflect most accurately the actual development of the market in the
products concerned , such allocation should be in proportion to the needs of
the Member States , assessed by reference both to the statistics relating to
imports from Turkey over a representative period , and to the economic outlook
for the quota period concerned ;
Whereas during the last three years for which complete statistics are available
the respective imports of the Member States of the Community as originally
constituted amount to the following percentages of imports into the Community
of the products in question originating in Turkey :
                                               1970        im           1972
                      Germany                 73.03       74.47        78.08
                      Bénélux                  9-39       14.04        11.08
                      France                  13.24       11.03        10.42
                      Italy                    4.34        0.46         0.42
Whereas , taking into account these figures and the foreseeable development of the
market of the product concerned during the period to which the quota applies ,
the initial shares may be fixed approximately at the following percentages :
                      Germany       78.0
                      Bénélux       12.0
                      France         9*7
                      Italy          0.3
Whereas , in order to take into account the import trends for the products
concerned in the Member States , the quota volume should be divided into two
instalments , the first instalment being allocated to these Member States , and
 ---pagebreak--- the second forming a reserve intended ultimately to cover the
requirements of these Member States in case their initial shares are
used up , as well as the possible requirements of the other Member States ;
whereas , in order to ensure a certain degree of secruity to importers ,
the first instalment of the Community quota should be determined at a
relatively high level , which , under present circumstances , may be 80$ of
the quota volume ;
Whereas the initial shares would be used up sooner or later ; in order to
take this fact into account and to avoid any break in continuity it is
important that if any Member State has used up almost the whole of its
initial share it should draw an additional share^ from the reserve ; whereas
this must be done as and when each of its additional shares in the quota
is almost entirely used up , and repeated as often as the reserve allows ;
whereas the initial and additional shares must^be available for use until
the end of the quota period ; whereas this method of administration calls
for close cooperation between these Member States and the Commission , which
must , in particular , be able to observe the extent to which the quota
volume is used and inform the Member States thereof ;
Whereas if , at a specified date in the quota period , a considerable balance
remains in any Member State , it is essential that that Member State should
return a certain proportion thereof to the reserve , in order to avoid part
of the Community quota remaining unused in one Member State when it could
be used in others ; whereas , taking into account the seasonal nature of
imports , it seems adequate to lay down the transfer limit of 40$ of the
initial share ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united in one and represented by the
Benelux Economic Union , all transactions concerning the administration of
the shares granted to the abovementioned Economic Union may be carried out
by one of its Members :
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                           Article 1
1 . During the period from 1 November to 31 December 1973 . a supplementary
Community tariff quota of 500 metric tons shall be opened in the Community
for fresh or dried nuts , shelled or not , falling within subheading
ex 08.05 G , originating in Turkey.
2.   Within this Community tariff quota , the Common Customs Tariff duty
is reduced to 2.5$.
                           Article 2
1.   The Community tariff quota, referred to in Article l(l ) shall be
divided into two instalments .
2 . The first instalment , amounting to 400 metric tons , shall be shared
amongst the Member States ; the shares which , subject to Article 5 » shall
be valid until 31 December 1973 , shall be as follows ;
                    Germany              312  metric tons
                    Bénélux               48 metric tons
                    France                39 metric tons
                    Italy                  1  metric ton
3.   The second instalment , amounting to 100 metric tons , shall constitute
the reserve .
4 - If any of the new Member States should accelerate alignment of the
Common Customs Tariff as regards the products conerned , each of those
 ---pagebreak---                               - 6 -
countries shall , where necessary draw a sufficient share from the reserve
to the extent that the reserve is sufficient . In such a case , the duty
applicable within that share shall "be calculated in accordance the re levaunt
provisions of the Act of Accession and of the aforementioned Regulation and
Interim Agreement .
                           Article 3
1 . If 90% or more of any Member State 's initial share , as laid down in
Article 2(2 ), or 90i° of that share less the amount returned into the reserve ,
where the provisions of Article 5 have been applied , has been exhausted , that
Member State shall without delay , by notifying the Commission , draw a second
share in the quota equal to 15$ of its initial share , rounded up to the next
unit where appropriate , to the extent that the amount in the reserve allows .
2.    If after its initial share has been exhausted , $0% or more of the second
share drawn by that Member State has been used , that Member State without
delay , in the manner provided by paragraph 1 draw a third share equal to l.jfo
of its initial share .
3«    If, after its second share has been exhausted , $0% or more of the third
share drawn by that Member State , it shall in the manner provided by
paragraph 1 , draw a fourth share equal to the third .
 This process shall be applied until the reserve is exhausted.
4 . Notwithstanding the provisions of paragraphs 1 , 2 and 3 , each Member
State may draw smaller shares than those fixed in those paragraphs if there is
reason to believe that those shares might not be used up . It shall inform
the Commission of the reasons for applying this paragraph .
 ---pagebreak---                                 Article 4
 Additional shares drawn pursuant "to Article 3 shall "be valid until
 31 December 1973 .
                               Article 5
 If, by 1 December 1973 , a Member State has not used up its initial share ,
 it shall , not later than 10 Deoember 1973 , return to the reserve the unused
 portion of this share in exdess of 40$ of the initial amount .     It may return
 a larger quantity if there are reasons to consider that such quantity may not
 be used .
 The Member States shall , not later than 10 December 1973 , notify the Commission
 of the total imports of the products concerned effected under the Community quota up to
 1 December 1973 inclusive , and , where appropriate , the proportion of their
initial shares that they are returning to the reserve .
                               Article 6
The Commission shall keep account of the shares opened by Member States in
accordance with Articles 2 and 3 , and shall inform each of them of the extent
to which the reserve has been used as soon as it receives the notifications .
The Commission shall , not later than 15 December 1973 , notify the Member States
of the state of the reserve after the return of shares pursuant to Article 5 «
The Commission shall ensure that any drawing which uses up the reserve is limited
to the balance available and , for this purpose , shall specify the amount thereof
to the Member State which makes the final drawing.
 ---pagebreak---                              Article 7
The Member States shall take all measures neoessary to ensure that , when
additional shares are drawn pursuant to Article 2(4 ) or Article 3 , it is possible
for charges to be made without interruption against their accumulated shares
of the Community tariff quota .
The Member States shall ensure for importers of the products concerned
established in their territory free access to the shares allocated to them.
The Member States shall charge imports of the products concerned against
their shares as and when such products are presented for Customs clearance
under cover of declarations for consumption .
The extent to which Member States * shares have been used up shall be reoorded
on the basis of imports charged as provided by paragraph 3 .
                             Article 8
Member States shall inform the Commission at regular intervals of imports
of the products concerned actually oharged against the shares .
                             Article 9
The Member States and the Commission shall cooperate closely in order to ensure
that the foregoing provisions are observed *
                             Article 10
This Regulation shall enter into force on 1 November 1973 *
This Regulation, shall be binding in its entirety and directly
applicable in all Member States *
Done at Brussels ,                1973 .               For the Council
                                                       The President ,