CELEX: 31976R3055
Language: en
Date: 1976-12-09
Title: Council Regulation (EEC) No 3055/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey (1977)

20. 12. 76                             Official Journal of the European Communities                          No L 350/111
                                       COUNCIL REGULATION (EEC) No 3055/76
                                                    of 9 December 1976
             opening, allocating and providing for the administration of a Community tariff quota
             for fresh or dried hazelnuts, shelled or otherwise, falling within subheading ex 08.05 G
                              of the Common Customs Tariff, originating in Turkey (1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          non-member countries and that the rates fixed as
                                                                  a result of the reductions regarding the products
                                                                  listed, in particular, in Annex 6 to the Additional
                                                                  Protocol — and which include hazelnuts — may in
Having regard to tlhe Treaty establishing the                     no case be lower than those applied by the new
European Economic Community, and in particular                    Member States with reference to the Community as
Articles 43 and 113 thereof,                                      originally constituted ; whereas the reduction to be
                                                                  applied by the new Member States within the frame­
                                                                  work of the tariff quota under consideration must
Having regard to the proposal from the Commission,                therefore, in certain cases, be limited to 80% ;
Having regard to the opinion of the European                      Whereas it is in particular necessary to ensure to all
Parliament (*),                                                   importers oif the Member States equal and uninter­
                                                                  rupted access to the said quota and uninterrupted
                                                                  application of the rate laid down for that quota to
Whereas under Article 1 of Council Regulation (EEC)               all imports of the products concerned into all
No 3375/73 of 10 December 1973 on the importation                 Member States until the quota has been used up ;
into the Community of certain agricultural products               whereas having regard to tihe above principles, the
originating in Turkey (2), fresh or dried hazelnuts,              Community nature of the quota can be respected by
shelled or otherwise, falling within subheading ex                allocating the Community tariff quota among the
08.05 G of the Common Customs Tariff, originating                 Member States ; whereas, to reflect most accurately
in Turkey are admitted on importation into tihe                   the actual development of the market in the products
Community at a duty of 2-5% , within the limit of                 concerned, such allocation shaulld ibe in proportion
a Community tariff quota of 21 700 metric tons ;                  to the needs of the Member States, assessed by
whereas the Community tariff quota concerned                      reference both to tihe statistics relating to imports
should therefore be opened for 1977; whereas, as                  from Turkey over a representative period, and to the
regards the new Member States, it should be noted                 economic outlook for the quota period concerned ;
that Article 9 of the Supplementary Protocol, signed
at Ankara on 30 June 1973 , provides that the
reductions of customs duties pursuant to the
Association Agreement shall be applied by tihe new                Whereas, on the basis of the statistics at present
Member States from the entry into force of that                   available, imports into the Member States in 1973,
Protocol in the proportions and according to the                  1974 and 1975 of the product concerned originating
time limits laid down, that the rates on which the                in Turkey have developed as follows and represent
new Member States shall base those reductions shall               the following percentages of total imports into the
be those which they apply at any given moment to                  Community:
 (*) OJ No C 259, 4. 11 . 1976, p. 37.
 (2) OJ No L 345, 15. 12. 1973, p. 1.
 ---pagebreak--- No L 350/112                        Official Journal of the European Communities                                 20. 12. 76
                                                        1973                    1974                 1975
                                              metric tons      %      metric tons      %   metric tons      %
               Germany                         39 133        70-16     34 515        64-29 35 154         65-47
               Benelux                           3 323        5-96       4 500        8-38  5 284          9-84
               France                            6 170       11-06       5 680       10-58  6 084         11-33
               Italy                             2 062        3-70       2 473        4-61  1 653-5        3-08
               Denmark                             975        1-75          875       1-63     899         1-67
               Ireland                             201        0-36         619        1-15       30        0-06
               United Kingdom                    3 910        7-01      5 026         9-36  4 590          8-55
                                               55 774                  53 688              53 694-5
Whereas, taking into account these figures and the                 be available for use until the end of the quota period;
foreseeable development of the product concerned                   whereas this method of administration calls for close
during 1977 and, in particular, the forecasts made by              cooperation between the Member States and the
some Member States, the initial shares may be fixed                Commission, which must in (particular ibe alble to
 approximately at the following percentages :                      observe the extent to which the quota volume is used
                                                                   up arid inform the Member States thereof;
         Germany                             65-93
         Benelux                             10-14
                                                                   Whereas if, at a specified date in the quota period,
         France                               8-20
                                                                   a considerable balance remains in any Member State,
         Italy                                0-25                 it is essential that the Member State should return
         Denmark                              2-67                 a certain proportion thereof to the reserve, in order
                                                                   to avoid part of the Community quota remaining
         Ireland                              1-66                 unused in one Member State when it could be used
         United Kingdom                      11-15                 in others; whereas, taking into account the seasonal
                                                                   nature of imports, it seems appropriate to fix the
                                                                   transfer limit of 40% of the initiail slhare;
Whereas in order to take into account the import
trends for the product concerned in the Member
States, the quota volume should be divided into two                Whereas, since tihe Kingdom of Belgium, the Kingdom
instalments, the first instalment being allocated to the           of the Netherlands and tihe Grand Duchy of Luxem­
Member States and the second forming a reserve                     bourg are united in and represented by the Benelux
intended ultimately to cover the requirements of the               Economic Union, any measure concerning the
Member States, should their initial share be used up ;             administration of the quota shares allocated to that
whereas, in order to ensure a certain degree of                    economic union may be carried out by any of its
security to importers, the first instalment of the Com­            members,
munity quota should be determined at a relatively
high level, which under present circumstances could
be approximately 80% of the quota volume;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the initial shares may be used up sooner or
later; whereas, in order to take this fact into account
and to avoid any break in continuity, it is important                                      Article 1
that any Member State which 'has used up almost all
its initial share should draw an additional share from
the reserve ; whereas this must be done as and when                1 . From 1 January until 31 December 1977, a Com­
each of its additional shares in the quota is almost               munity tariff quota of 21 700 metric tons shall be
entirely used up, and repeated as often as the reserve             opened in the Community for fresih or dried hazel­
allows ; whereas the initial and additional shares must            nuts, shelled or otherwise, failing within subheading
 ---pagebreak---   20. 12. 76                           Official Journal of the European Communities                          No L 350/113
  ex 08.05 G of the Common Gustoms Tariff,                        3 . If after its second share has been exhausted 90%
  originating in Turkey.                                          or more of the tihird share drawn by that Member
                                                                  State has been used, it shall, in the manner provided
                                                                  for in paragraph 1, draw a fourth share equal to the
  2. Within this tariff quota the Common Customs                  third.
  Tariff duty is suspended at 2-5% .
                                                                  This process shall be applied until the reserve is
  3 . The new Member States shall apply within this               exhausted .
   Community tariff quota, the customs duties calculated
  in accordance with the relevant provisions of the Act
  of Accession, in the Supplementary Protocol and in              4. Notwithstanding the provisions of paragraphs 1,
  Regulation (EEC) No 3375/73 .                                   2 and 3 , Member States may draw smaller shares
                                                                  than those fixed in those paragraphs if there is reason
                                                                  to believe tihat those shares might not be used up.
  4. This tariff quota shall be allocated and                     They shall inform the Commission of their reasons
  administered in accordance with che following                   for applying this paragraph.
  provisions.
                           Article 2                                                      Article 4
  1 . The tariff quota referred to in Article 1 ( 1 ) shall       Each of the additional shares drawn pursuant to
  be divided into two installments.                               Article 3 shall be valid until 31 December 1977.
  2. A first instalment, amounting to 17 700 metric
■ tons, shall be shared among the Member States ; the                                     Article 5
  shares, which subject to Article 5 shall be valid until
  31 December 1977, shall be as follows :
                                                                  Member States shall return to the reserve, not later
          Germany               11 669 metric tons,               than 1 October 1977, the unused portion of their
          Benelux                 1 795 metric tons,              initial slhare which, on 15 September 1977, is in
                                                                  excess of 40% of the initial amount. They may return
          France                  1 45 1 metric tons,             a greater portion if there are grounds for believing
          Italy                      45 metric tons,              that such portion may not be used in full.
          Denmark                   472 metric tons,
                                                                  The Memlber States shall, not later than 1 October
          Ireland                   294 metric tons,              1977, notify the Commission of the total imports of
          United Kingdom          1 974 metric tons .             the products concerned effected under the Com­
                                                                  munity quota up to 15 September 1977 inclusive
                                                                  and, where appropriate, the proportion of their initial
  3 . The second instalment of 4 000 metric tons shall
                                                                  shares that they are returning to the reserve.
  constitute the reserve.
                                                                                          Article 6
                           Article 3
  1 . If 90% or more of any Member State's initial                The Commission shall keep account of the shares
  slhare, as laid down in Article 2 (2), or 90% of that           opened by Member States in accordance with Articles
  share less the amount returned into the reserve, where          2 and 3 , and shall inform each of them of the extent
  Article 5 has been applied, has been exhausted, that            to which the reserve has been used as soon as it
  Member State shall without delay, by notifying the              receives the notifications .
  Commission, draw a second share in the quota equal
  to 15% of its initial share, rounded up to the next             The Commission shall, not later than 5 October 1977,
  unit wflhere appropriate, to the extent that the amount        notify the Member States of the state of the reserve
  in the reserve allows .                                         after the return of shares pursuant to Article 5 .
  2. If after its initial share has been exhausted 90%            The Commission shall ensure that any drawing which
  or more of rhe second share drawn by a Member                   uses up the resferve is limited to the balance available
  State has been used, that Member State shall, in the            and, for this purpose, shall specify tihe amount there­
  manner provided for in paragraph 1 , draw a third              of to the Member State which           makes    the final
  share equal to 7-5% of its initial share.                       drawing.
 ---pagebreak---  No L 350/ 114                     Official Journal of the European Communities                           20. 12. 76
                       Article 7                                                        Article 8
1 . The Member States        shall take   all   measures      On receipt of a request from the Commission,
necessary to ensure that supplementary shares drawn           Member States shall inform it of imports of the
pursuant to Article 3 are opened in such a way that           products in question actually charged against its
changes may be made without interruption against              shares.
their accumulative shares of the Community quota.
2. The Member States shall ensure that importers                                        Article 9
of the said products established in their territory have
free access to the shares allocated to them or drawn          The   Member States         and the Commission   shall
from the reserve.
                                                              cooperate closely in order to ensure the correct
                                                              application of this Regulation.
3. The Member States shall charge imports of the
said goods against their shares as and when the goods
are entered for home use.
                                                                                        Article 10
4. The extent to which a Member State has used up
its share shall ibe determined on the basis of the            This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3 .              1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 December 1976.
                                                                                For the Council
                                                                                 The President
                                                                               P. J. J. MERTENS