CELEX: 31974R3294
Language: en
Date: 1974-12-19 00:00:00
Title: Regulation (EEC) No 3294/74 of the Council of 19 December 1974 on the opening, allocation and administration of a Community tariff quota for hazelnuts falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey

No L 353/40                                Official Journal of the European Communities                             30 . 12 . 74
                                    REGULATION (EEC) No 3294/74 OF THE COUNCIL
                                                        of 19 December 1974
              on the opening, allocation and administration of a Community tariff quota for hazelnuts
             falling within subheading ex 08.05 G of the Common Customs Tariff, originating in
                                                                Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              shall be those which they apply at any given moment
                                                                      to non-member countries and that the rates fixed
Having regard to the Treaty establishing the                          as a result of the reductions regarding the products
European Economic Community, and in particular                        listed, in particular, in Annex 6 to the Additional
Articles 43 and 113 thereof;                                          Protocol — and which include hazelnuts — may in
                                                                      no case be lower than those applied by the new
Having regard to the proposal from the Commission ;                   Member States with reference to the Community
                                                                      as originally constituted ; whereas the reduction to
Having regard to the Opinion of the European                          be applied by the new Member States within the
Parliament (1 );                                                      framework of the tariff quota under consideration
                                                                      must therefore, in certain cases, be limited to 40% ;
Whereas under Article 1 of Council Regulation
(EEC ) No 3375/73 (2 ) of 10 December 1973
concerning the importation into the Community of                      Whereas it is in particular necessary to ensure to
certain agricultural products originating in Turkey,                  all importers of the Member States equal and
the Community must reduce by 37-5% the duty                           uninterrupted access to the said quota and
applied to the import of fresh or dried hazelnuts,                    uninterrupted application of the rate laid down for
shelled or otherwise, falling within subheading ex                    that quota to all imports of the products concerned
08.05 G of the Common Customs Tariff, within the                      into all Member States until the quota has been
limit of a Community tariff quota of 21 700 metric                    used up ; whereas having regard to the above
tons ; whereas the Community tariff quota concerned                   principles, the Community nature of the quota can
should therefore be opened for 1975 ; whereas the                     be respected by allocating the Community tariff
application of a 37-5% reduction to the Common                        quota among the Member States ; whereas, to reflect
Customs Tariff duty would result in a quota duty                      most accurately the actual development of the
of 2-5% for the Community as originally constituted;                  market in the products concerned, such allocation
whereas, as regards the new Member States, it should                  should be in proportion to the needs of the Member
be noted that Article 2 ( 1 ) and (3 ) of the Interim                 States, assessed by reference both to the statistics
Agreement bringing into force certain provisions of                   relating to imports from Turkey over a representative
the Supplementary Protocol provides that the                          period, and to the economic outlook for the quota
reductions    of customs         duties     pursuant to      the      period concerned ;
Association Agreement shall 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, that the rates on which                 Whereas, on the basis of the statistics at present
the new Member States shall base those reductions                     available, imports into the Member States in 1971 ,
                                                                      1972 and 1973 of the product concerned originating
                                                                      in Turkey have developed as follows and represent
H OJ No C 140, 13 . 11 . 1974, p. 9 .                                 the following percentages of total imports into the
(2 ) OJ No L 345 , 15 . 12 . 1973 , p. 1 .                            Community :
 ---pagebreak--- 30 . 12 . 74                         Official Journal of the European Communities                                    No L 353 / 41
                                                         1971                      1972                  1973
                                              metric tons      in %      metric tons     in %  metric tons     in %
                Germany                         24 166        65-88       36 776        70-59   39 133        72-66
                Benelux                          4.557        12-42        5 220        10-02    3 323          6-17
                France                           3 581          9-76       4 906          9-42   6 170        11-45
                Italy                               148         0-40          197         0-38      150         0-28
                Denmark                            854          2-33          795         1-53      975         1-81
                Ireland                             177         0-48          424         0-81      201         0-37
                United Kingdom                   3 200          8-73       3 777          7-25   3 910          7-26
                                                36 683                    52 095                53 862
Whereas, taking into account these figures and the                   the Member States and the Commission, which must
foreseeable development of the product concerned                     in particular be able to observe the extent to which
during 1975 and, in particular, the forecasts made                   the quota volume is used up and inform the Member
by some Member States, the initial shares may be                     States thereof;
fixed approximately at the following percentages :
          Germany                            65-93
                                                                     Whereas if, at a specified date in the quota period,
          Benelux                            10-14                   a considerable balance remains in any Member
          France                               8-20
                                                                     State, it is essential that the Member State should
                                                                     return a certain proportion thereof to the reserve,
          Italy                                0-25                  in order to avoid part of the Community quota
                                                                     remaining unused in one Member State when it
          Denmark                              2-67
                                                                     could be used in others ; whereas, taking into account
          Ireland                              1-66                  the seasonal nature of imports, it seems appropriate
                                                                     to fix the transfer limit of 40% of the initial share;
          United Kingdom                      11-15
                                                                     Whereas, since the Kingdom of Belgium, the
Whereas in order to take into account the import                     Kingdom of the Netherlands and the Grand Duchy
trends for the product concerned in the Member                       of Luxembourg are united in and represented by
States, the quota volume should divided into two                     the Benelux Economic Union, all transactions
instalments, the first instalment being allocated to                 concerning the administration of the shares granted
the Member States, and the second forming a reserve                  to the abovementioned Economic Union may be
intended ultimately to cover the requirements of                     carried out by any of its members,
the Member States, should        their initial share be
used up; whereas, in order to    ensure a certain degree
of security to importers, the    first instalment of the
Community quota should            be determined at a
relatively high level, which under present                           HAS ADOPTED THIS REGULATION :
circumstances could be approximately 80% of the
quota volume ;
                                                                                               Article 1
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                   1 . During the period from 1 January to
important that any Member State which has used                       31 December 1975 a Community tariff quota of
up almost all its initial share should draw an                       21 700 metric tons shall be opened in the Community
additional share from the reserve ; whereas this must                for fresh or dried hazelnuts, shelled or otherwise,
be done as and when each of its additional shares                    falling within subheading ex 08.05 G, of the Common
in the quota is almost entirely used up, and repeated                Customs Tariff, originating in Turkey.
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                     2. Within this tariff quota, the Common Customs
administration calls for close cooperation between                    Tariff duty is suspended at 2-5% .
 ---pagebreak---  No L 353 /42                           Official Journal of the European Communities                           30 . 12 . 74
 3 . The new Member States shall apply within this                  This process shall be applied until the reserve is
 Community tariff quota, the customs duties                        exhausted .
 calculated      in  accordance      with     the   relevant
 provisions of the Act of Accession, in the Interim                4. Notwithstanding the provisions of paragraphs 1 ,
 Agreement and in Regulation (EEC) No 3375 /73 .                   2 and 3 , Member States may draw smaller shares
                                                                   than those fixed in those paragraphs if there is
 4. This      tariff quota     shall   be   allocated    and       reason to believe that those shares might not be used
 administered in       accordance with the following               up . They shall inform the Commission of their
 provisions .                                                      reasons for applying this paragraph.
                                                                                           Article 4
                          Article 2
 1 . The tariff quota referred to in Article 1 ( 1 ) shall         Additional shares drawn pursuant to Article 3 shall
 be divided into two instalments .                                 be valid until 31 December 1975 .
2. The first instalment, amounting to 17 700 metric                                       Article 5
tons, shall be shared amongst the Member States ;
 the shares which, subject to Article 5 , shall be valid           If, by 15 October 1975 , a Member State has not
 until 31 December 1975 shall be as follows :
                                                                   used up its initial share, it shall, not later than
        Germany                11 669 metric tons,                 31 October 1975 , return to the reserve the unused
                                                                   portion of this share in excess of 40% of the initial
        Benelux                 1 795 metric tons,                 amount. It may return a larger quantity if there
        France                  1 45 1 metric tons,                are reasons to consider that such quantity may not
                                                                   be used .
        Italy                       45 metric tons,
        Denmark                   472 metric tons,                 The Member States shall, not later than
                                                                   31 October 1975 , notify the Commission of the total
         Ireland                  294 metric tons ,                imports of the products concerned effected under
                                                                   the Community quota up to 15 October 1975
        United Kingdom          1 974 metric tons .
                                                                   inclusive and, where appropriate, the proportion of
                                                                   their initial shares that they are returning to the
3 . The second instalment, amounting to 4 000                      reserve .
metric tons, shall constitute the reserve.
                                                                                          Article 6
                        Article 3
                                                                   The Commission shall keep account of the shares
1 . If 90% or more of any Member State's initial                  opened by Member States in accordance with
share, as laid down in Article 2 (2), or 90% of that              Articles 2 and 3 , and shall inform each of them of
share less the amount returned into the reserve,                  the extent to which the reserve has been used as
where Article 5 has been applied has been                         soon as it receives the notifications .
exhausted, that Member State shall without delay,
by notifying the Commission, draw a second share                  The Commission shall, not later than 5 November
in the quota equal to 15% of its initial share,                    1975 , notify the Member States of the state of the
rounded up to the next unit where appropriate, to                 reserve after the return of shares pursuant to
the extent that the amount in the reserve allows .                Article 5 .
2 . If after its initial share has been exhausted 90%             The Commission shall ensure that any drawing which
or more of the second share drawn by a Member                     uses up the reserve is limited to the balance
State has been used, that Member State shall, in                  available and, for this purpose, shall specify the
the manner provided for in paragraph 1 , draw a third             amount thereof to the Member State which makes
share equal to 7-5% of its initial share.                         the final drawing.
3 . If after its second share has been exhausted 90%
or more of the third share drawn by that Member                                           Article 7
State has been used, it shall, in the manner provided
for in paragraph 1 , draw a fourth share equal to                 1 . The Member       States   shall take all measures
the third .                                                       necessary to ensure that supplementary shares drawn
 ---pagebreak---  30. 12 . 74                       Official Journal of the European Communities                          No L 353 /43
pursuant to Article 3 are opened in such a way                                        Article 8
that changes may be made without interruption
against their accumulative shares of the Community            Member States shall regularly inform the Com­
quota .                                                       mission of imports actually charged against their
                                                              shares .
2. The Member States shall ensure that importers
of the said products established in their territory have
                                                                                      Article 9
free access to the shares allocated to them or drawn
from the reserve .
                                                              The Member       States   and   the  Commission   shall
                                                              cooperate closely in order to ensure the correct
3 . The Member States shall charge imports of the             application of this Regulation.
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 be determined on the basis of the          This     Regulation    shall   enter  into  force    on
imports charged in accordance with paragraph 3 .              1 January 1975.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 19 December 1974.
                                                                                 For the Council
                                                                                  The President
                                                                                J. P. FOURCADE