CELEX: 51988PC0470
Language: en
Date: 1988-09-12
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or not originating in Turkey (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 470
Vol. 1988/0167
 ---pagebreak--- Disclaimer
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 européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM ( 88)470  final
                                                       Brussels , 12 September 1988
                                            ,      t-–
                     f                  ■-    ' ■> 1
                                           *l        2
                                 ■   '>
                         '        \ø
                                      Proposal for a
                             COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration of a
       Community tariff quota for fresh or dried hazelnuts , shelled
                    or not originating in Turkey ( 1989 )
                       ( presented by the Commission )
 ---pagebreak---                                  EXIA'IATORY M1MORANDUM
 1.        Gxincil Rojulation ( FB,’ ) MJ 3721 /84 of 18 Decanber 1984 on
           imparts into the Gacnnunity of agricultural products originating
           in Turkey ( 1 ) provides for the opening of an annual Ccnrnunity
           tariff quota of 25 030 tonnes at zero duty for fresh or dried
           hazelnuts , sheLled or not , faLling within subneading ex 0805 G of
           the Qjmon Customs Tariff or No 0802 21 00 or 0802 22 00 of the
           Gjnbinad Mu none lature .
 2.        The purpose of this proposal is to open the quota for the period
           1 January to 31 December 1989 .
 3.        It should be noted that the economic data on the basis of which
           the proposed allocation will be determined should be based on
           past and estimated future imports into Member States specifically
           oriqinatinq in or caning fran Turkey . Such data have been
           obtained fran the Member States of the Oorrmunity of Nine for the
           years 1985 to 1987 . Hie following table shows these data in
           tonnes and percentages .
Member State                1985                    1986              1987 1
                    tonnes            %     tonnes          %  tonnes           %
 Benelux             5 266         7.10      6 202       8.25   6 903         8.79
 Dei mark              792         1.07        868       1.15     869         1.10
 Go many            47 225        63.65     49 716      66.12  50 513        64.29
Greece                    0        0             0       0          0         0
 France              9 416        12.69      9 129      12.14
 Ireland                 28        0.03          0       0      8 845        11.26
 Italy               5 206         7.02      3 179       4.23   6 944         8.84
 United Kingston     6 264         8.44      6 099       8.11   4 480         5.70
Total               74 197                  75 193             78 574
( 1 ) OJ No L 343 , 31.12.1984 , p. 6
                                                                                   O
 ---pagebreak---    This data , being the only material currently available , give rise
   to an allocation of the tariff quota among the Member States
   based on the following percentages :
   Benelux                      8.06
   Denmark                      1.11
   Germany                     64.68
   France                      12.02
   I re laird                   0.02
   Italy                        6.72
   United Kingdom               7.39
5. As regards the administration of this quota , it is proposed that
   these should be an initial allocation among Mather States of a
   large part , with the balance being held as a reserve into which
   the surplus of shares which exceed Member States' needs are to be
   returned and from which those States with additional requiranents
   may draw addtional shares .
6. As in the past , the proposal for a Regulation annexed hereto
   provides that the uniform method of administration to be applied
   Dy all Member States should be the "as and when" system .
   Similarly , to allow for the seasonal nature of the imports
   concerned , the proposed threshold for returns to the reserve is
   40 % of the initial share .
 ---pagebreak---                                                           Proposai for a
                                              COUNCIL REGULATION ( EEC ) No
                                                            of '
                 opening , allocating and providing for the administration of a Community tariff quota for fresh or
                 dried hazelnuts , shelled or not ,
                                                                 originating in Turkey      ( 1989 )
 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
 3721 / 84 of 18 December 1984 on imports into the
 Community of agricultural products originating in
 T urkey ( 1 ), provides that fresh or dried hazelnuts , shelled or       Whereas equal and continuous access to the quota should be
 not , .                                                                  ensured for all importers of the Member States and the rate
                    and originating in Turkey shall be admitted           laid down for the quota should be applied consistently to all
on importation into the Communiry at zero duty within the                 imports of the products in question into the said Member
 limits of a Community tariff quota of 25 000 tonnes ;                    States until the quota is exhausted ; whereas , in the light of
 whereas the Community tariff quota concerned should                      these principles , allocation of the tariff quota among the
therefore be opened for 198 9 J                                           Member States would seem to preserve the Community
                                                                          narure of the quota ; whereas in order to correspond as closely
                                                                          as possible to the real trend of the market for the products in
 Whereas ,                                                                question the allocation should reflect the requirements of the
                           the Council adopted Regulation ( EEC )         Member States based on statistics of imports of the said
 No 1U59/88 of 28 Fterch                    1988 laying down the          products from Turkey during a representative reference
  arrangements applicable to Greece 's                                    period and on the economic outlook for the quota period in
  trade with Turkey ( 2 ) }                                               question ;
                                              whereas , the Council
has also adopted Regulation ( EEC ) No 2573 / 87 of 11
August 1487 laying down the arrangements for trade                        Whereas , on the basis of the currently available statistical
between Spain and Portugal , on the one hand , and Algeria ,              data , imports of the product in question from Turkey into the
Egypt , Jordan , Lebanon , Tunisia and Turkey , on the                    Member States have developed as follows over the years
other ! 1 ); whereas the tanff quota in question applies                  198S 1986 and 1987 , whereas they represent the following
therefore to the Community as constituted on 31 December                  percentages of total imports into the Community from
 198 5                                                                    Turkey :
( ' ) OJ No L 343 , 31 . 12 . 1484 , p. 6 .
O OjNoLlCK, 23.4.1968, p. 4
( ' ) OJ No L 250 , 1 . 9 . 1987 , p. 1 .
 ---pagebreak---      Member State                               1985                                     1986                          1987                  1
                                   tonnes                 X                 tonnes               *             tonnes                %
     Benelux                        5 266             7,10                6 202               8,25          6 903                8,79
     Denma r k                          792           1,07                     868            1,15               869             1,10
     Germany                       47 225           63,65              49 716               66,12         50 513               64,29
     Greece                                 0        0                           0            0                      0           0
     France                         9 416           12,69                 9 129             12,14           8 845              11,26
     Ireland                              28         0,03                        0            0                    20            0,02
     Italy                          5 206             7,02                3 179               4,23          6 944                8,84
     United Kingdom                 6 264            8,44                 6 099               8,11          4 480                5,70
     Total                         74 197                              75 193                             78 574
   Whereas , in view of these factors and of market forecasts for            has been used up and to inform the Member States
   the products concerned for 1983 and , in particular , the                 accordingly ;
   estimates submitted by certain Member States , initial
   percentage shares can be expressed approximately as                       Whereas if at a given date in the quota period a considerable
   follows :
                                                                            quantity of a Member State’s initial share remains unused , it
                                                                            is essential that the Member State concerned should return a
          Benelux
          Denmark                                        ?;?ί               significant proportion thereof to the reserve in order to
                                                                            prevent part of the Community tariff quotas from remaining
          Germany                                     64,68                 unused in one Member State when it could be used in others ;
          France                                      12,02
                                                         0,02               whereas in view of the seasonal nature of the imports , it
          Ireland                                                           seems appropriate to set the threshold for such returns to the
          Italy                                          6,72
                                                                            reserve at 40% of the initial share ;
          United Kingdom                                 7,39
                                                                            Whereas since the Kingdom of Belgium , the Kingdom of the
   Whereas , to allow for the trend of imports of the products              Netherlands and the Grand Duchy of Luxembourg are united
                                                                            within and jointly represented by the Benelux Economic
   concerned in the various Member States , the quota volume
   should be divided into two parts , the first being allocated             Union , any operation concerning the administration of the
   among the Member States and the second held as a reserve to              quota shares allocated to that economic union may be carried
                                                                            out by any one of its members ,
   cover any subsequent requirements of these Member States
 well as those Member States which do
 not participate in the initial allocation
                                 q whereas , to afford importers
 in each Member State some degree of certainty, the first part
 of the tariff quota should be set at a relatively high level ,            HAS ADOPTED THIS REGULATION :
 which in this case could be approximately 60 % of the quota
 volume ;
                                                                                                       Article 1
 VC hereas Member States may use up their initial shares at
different rates; whereas , to provide for this eventuality and to           1.    From 1 January to 31 December 1 98p the customs duty
avoid any break in the continuity of supplies , any Member                 applicable to imports into the Community as constituted on
State which has used up its initial share should draw                      31 December 198 5 of the following products shall be
additional shares in quantities corresponding to their real                suspended at the level indicated and within the limits of a
requirements , as many times as the reserve allows ; whereas               Community tariff quota as shown below :
this form of administration requires close cooperation
between Member States and the Commission and the latter
must be able to monitor the extent to which the quota volume
       Order No           CN code                                Description                            Amount of quota   Rate of quota duty
                                                                                                            ( tonnes )           (% )
  09.0201             0802 21 00          Fresh or dned hazelnuts , shelled or not , originating in
                      0802 22 00         Turkey                                                             25 000                 0
 ---pagebreak---   2.     Imports of the products in quntion may not be charged      1/ requests for draw ings exceed the amount remaining in the
  ag-nnii this tanff quota if they already qualify for the          reserve , an allocation shall be made pro rata . The Member
  tame customs duties under other preferential tariff               States shall be informed by the Commission in accordance
  arrangements                                                      with the same procedure .
  3.     This tariff quota shall be allocated and administered in
  accordance with the following articles .
                             Article 2
  1.    The tariff quota referred to in Article 1 ( 1 ) shall be
 divided into two parts .                                                                       Article If
 2.     The first part , amounting to 15 000 :onnes , shall be      By 1 October 1 989 at the latest Member States must return to
 allocated among the Member States ; the quota shares , which       the reserve the unused portion of their initial share which , on
 sub|ect to Article y shall be valid until 31 December 1989.        15 September 1989, is in excess of 40% of the initial volume .
 shall be as follows :                                              They may return a greater portion if there is reason to believe
                                                                    that it might not be used .
                                                   (tonnes )
         Benelux                                      1  209
                                                                    By 1 October 1989 at the latest Member States must notify
         Denmark                                         167        the Commission of the total quantities of the products
         Germany
                                                      9 702         concerned imported on or before 15 September 1989 and
                                                   • 1 803          charged against the Community quoi a and of any portion of
         France
         Ireland                                      1 ooi         their initial share that they are returning to the reserve .
         Italy                                        1  1J6
         United Kingdom
                                                                                                Article y
 3.     The second part of the quota , amounting to 10 000
 tonnes , shall constitute the reserve .                            The Commission shall keep account of the shares drawn by
4 . If products of the type in question are presented Member States pursuant to Articles 2 and 3 and shall inform
in Greece and supported by a declaration as to entry                each Member State of the extent to which the reserve has
into free circulation which is accepted by the
customs services , the rentier State concerned shall                been used up as soon as it has been notified .
inform the Conmission and draw a corresponding amount
under the conditions laid down in Article 3 .
                                                                    It shall inform the Member States not later than 5 October
                            Article 3
 If a Member State's initial share as specified in Article 2 ( 2 ), 1989of the state of the reserve following any return of quota
 or of that share less any portion returned to the reserve where    shares pursuant to Article </.
 Article has been applied has been used up entirely , the
 following provisions shall apply .                                 It shall ensure that the drawing which exhausts the reserve
                                                                    does not exceed the balance available , and to this end shall
 If an importer presents , in a Member State , a declaration as     notify the amount of that balance to the Member State
 to entry into free circulation comprising a request for            making the final drawing .
 preferential treatment for a product covered by this
 Regulation , and this request is accepted by the customs
 authorities , the Member State concerned shall , by notifying                                  Article b
 the Commission , draw an amount corresponding to its
 requirements from the reserve referred to in Article 2 ( 3 ).
                                                                    1.     Member States shall take all appropriate measures to
                                                                    ensure that additional drawings of shares pursuant to Article
 Requests to draw on the reserve together with the date of          3 enable imports to be charged without interruption against
 acceptance of the customs declarations must be forwarded to        their accumulated share of the Community tanff quota .
 the Commission without delay .
                                                                    2.     Member States shall ensure that importers of the
 Drawings shall be granted by the Commission on the basis of        products concerned have free access to the quota shares
 the date of acceptance of goods for entry into free circulation    allocated to them or which they have drawn from the
 bv the customs authonties of the Member State concerned ,          reserve .
 provided a sufficient amount remains in the reserve .
                                                                    3.     Member States shall charge imports of the products
 If a Member State does not use the quantities drawn , it shall     concerned against their shares as and when the goods are
 return them to the reserve as soon as possible .                   entered with the customs authonties for free circulation .
 ---pagebreak--- 4.    The extent to which a Member State has used up its                                   Article 8
shares shall be determined on the basis of the imports charged
in accordance with paragraph 3 .                                 The Member States and the Commission shall cooperate
                                                                 closely to ensure that this Regulation is complied with .
                                                                                           Article ÿ
                           ArticleR                              This Regulation shall enter into force on
                                                                 1 January 1989 .
At the request of the Commission , Member States shall
inform it of imports actually charged against their quota
shares .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , .
                                                                                    For the Council
                                                                                     The President
                                                                                                                           V
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgetaire concernée : Chap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      Intitulé de la mesure tarifaire : Proposition de règlement du
        Oonseil portant ouverture , répartition et mode de gestion d' un
        contingent tarifaire cormiunautaire pour les noisettes fraîches ou
        sèches , mène sans leurs coques ou décortiquées , originaires de
        Turquie ( année 1989 )
4.      Objectif s Respect des engagements de la Oonmunauté vis-à-vis de la
        Turquie .
5.      Mode de calcul :
        Codes NC : 0802 21 00 et 0802 22 00
        Volune du contingent : 25 000 tonnes
        Droit à appliquer : 0 %
        Droit normal :   4 %
6.      Perte de recettes Î
        Valeur d' une tonne : 4 141,5 écus
        Valeur de 25 000 tonnes : 103 537 500 écus
        Perte totale :    4 141 500 écus
        Perte par rapport à la période contingentaire précédente :
        augmentation des pertes de 4 141 500 écus - 3 945 200 écus =
        196 300 écus .