CELEX: 51993PC0490
Language: en
Date: 1993-10-12
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or not, originating in Turkey (1994)

COMVIISSION OF THE EUROPEAN COMVIUNITIES
                                             COM(93)  490final
                                             Brussels, 12 October 1993
                             Proposal for a
                       COUNCIL REGULATION (EEC)
      opening and providing for the administration af a Community
       tariff quota for fresh or dried hazelnuts, shelled or not,
                          or iginat ing in Turkey
                                   (1994)
                    (presented by the Commission)
 ---pagebreak---                                        A.
                         EXPLANATORY MEMORANDUM
1.  Council Regulation (EEC) No 4115/86 of 22 December 1986 on imports
    into the Community of agricultural products originating in Turkey
    provides for the opening of an annual Community tariff quota of
    25 000 tonnes at zero duty for fresh and dried hazelnuts, shelled
    or not, falling within the CN codes No 0802 21 00 or 0802 22 00.
    Therefore, this tariff quota should be opened for 1994.
2.  As in the case of other Community tariff quotas, the proposal do
    not provide for the quota volumes to be allocated among the Member
    States, which will make drawings from the quota volumes to cover
    actual imports.
3.  As regards the method of administration of this quota it is
    proposed that the entire quota volume be held as a Community
    reserve to which all Member States will have access in accordance
    with the procedure provided for m Article 3 of the proposal for a
    Régulât ion.
    This is the purpose of the attached proposal.
Annex: proposal for a Regulation
 ---pagebreak---                                                          Préposai for a
                                        COUNCIL REGULATION (EEC) N o                                  793
                                                        of
                  opening and providing for the administration of a Community tariff quota for
                        fresh or dried hazelnuts, shelled or not, originating in Turkey (1994)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  imports of the products in question into the Member
                                                                          States until the quota is exhausted ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113
 thereof,                                                                 Whereas t h e d e c i s i o n f o r the. o p e n i n g , i n
                                                                          the e x e c u t i o n of i t s i n t e r n a t i o n a l
                                                                          o b l i g a t i o n s , o f a t a r i f f quota s h o u l d be
 Having regard to the proposal from the Commission,
                                                                          t a k e n by the Community; w h e r e a s , t o
                                                                          ensure the e f f i c i e n c y of a common
Whereas the Annex to Council Regulation (EEC) No
                                                                          a d m i n i s t r a t i o n of t h i s q u o t a , there i s ,
4115/86 of 22 December 1986 on imports into the                           however, no o b s t a c l e t o a u t h o r i s i n g the
Community of agricultural products originating in                         Member S t a t e s t o draw from t h e q u o t a -
Turkey ('), provides that fresh or dried hazelnuts, shelled               volume the n e c e s s a r y q u a n t i t i e s
or not and originating in Turkey shall be admitted on                     c o r r e s p o n d i n g t o a c t u a l i m p o r t s ; whereas
importation into the Community at zero duty within (he                    t h i s method o f a d m i n i s t r a t i o n r e q u i r e s
limits of a Community tariff quota of 25 000 tonnes ;                     c l o s e c o o p e r a t i o n between the Member
whereas the Community tariff quota concerned should                       S t a t e s and the Commission and the l a t t e r
therefore be opened for 1994 Î                                           must i n p a r t i c u l a r be a b l e t o m o n i t o r
                                                                          the r a t e at w h i c h the q u o t a i s used up
                                                                          and i n f o r m the Member S t a t e s
Whereas equal and continuous access to the quota should                   a c c o r d i ngI y ;
be ensured for all Community importers and the rate laid
down for the quota should be applied consistently to all
                                                                        Whereas since the Kingdom of Belgium, the Kingdom of
                                                                         the Netherlands and the Grand Duchy of Luxembourg
                                                                         are united within and jointly represented by the Benelux
                                                                         Economic Union, any operation concerning the adminis-
                                                                         tration of the quota may be carried out by any one of its
                                                                         members,
                                                                         HAS ADOPTED THIS REGULATION :
                                                                                                            Article 1
                                                                         1.       From 1 January to 31 December 1994 the customs
                                                                         duty applicable to imports into the Community of the
                                                                         following products originating in Turkey shall be
                                                                         suspended at the level indicated and within the limits of a
                                                                         Community tariff quota as shown below :
                                                                                                                     Amount             rate of
     Order No      CN code                                    Description                                            of quota         quota duty
                                                                                                                   (in tonnes)
                                                                                                                                          (%) _
 09.0201          0802 21 00       Fresh or dried hazelnuts, shelled or not                                           25 000               0
                  0802 22 00
                                                                                                             Article 3
  2.    Imports of the products in question may not be
  charged against this tariff quota if they already qualify for            If an importer presents in a Member State a declaration of
  the same customs duties under other preferential tariff                  entry into free circulation including a request for pref-
  arrangements.                                                            erential benefit for a product covered by this Regulation
                                                                           and if this declaration is accepted by the customs auth-
                                                                           orities, the Member State concerned shall draw, from the
                            Article 2                                      tariff quota, by means of notification to the Commission,
                                                                           a quantity corresponding to these needs.
 The tariff quota referred to in Article 1 shall be adminis-
  tered by the Commission, which may take any appro-
  priate measure with a view to ensuring the efficient ad-
  ministration thereof.
                                                                           Th-: requ sts for drawing, with the indication of the date
  (') OJ No .                                                                                • ' of the said declaration, must be communi-
                                                                                                 !
                                                                                                   ornmis ; ion without delay.
 ---pagebreak---                                                               -$
The drawings are granted by the Commission on the basis          the quota for such time that the residual balance of the
of the date of acceptance of the declaration of entry into       quota volume permits.
free circulation by the customs authorities of the Member
State concerned, to the extent that the available balance
so permits.
                                                                                           Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.
                                                                 The Member States and the Commission shall cooperate
If the quantities requested are greater than the available       closely in order to ensure that this Regulation is complied
balance of the quota, allocation shall be made on a pro          with.
rata basis with respect to the requests. Member States, shall
be informed by the Commission of the drawings made.
                          Article 4                                                        Article 6
Each Member State shall ensure that importers of the
product concerned have equal and continuous access to            This Regulation shall enter into force on 1 January 199,4.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                  Done at Brussels,
                                                                             For the Council
                                                                              The President
 ---pagebreak--- FINANCIAL RECORD
 1. Budget U n e concerned : Chap. 12 Art. 120
2.  Legal basis : Art. 113 of the Treaty
3.  Title of the tariff measure concerned : Proposal for Council
    Regulation (EEC) opening and providing for the administration of a
    Community tariff quota for fresh or dried hazelnuts, shelled or
    not, originating in Turkey (1994).
4
  - Object ive : Fulfilment of contractual obligations of the Community
    (Agreement EEC/Turkey).
5.  Method of calculation :
    CCT heading:                         0802 21 00 and 0802 22 00
    Volume of the quota                 25 000 tonnes
    Duty to be appI ied:                0 %
    Normal CCT duty:                    4 %
    Average pr ice :                    2 350 ECU/T
    Duty-loss :
    Value per tonne :                         2 350 ECU
    Value of 25 000 tonnes               58 750 000 ECU
    Total loss :                           2 350 000 ECU
    In 1993, the duty-loss stood at 2 636 000 ECU. In 1994, decreased
    loss of 286 000 ECU.
                                                                        S
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 490 final
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