CELEX: 51980PC0690
Language: en
Date: 1980-11-11
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, FALLING WITHIN SUBHEADING EX 08.05 G OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TURKEY (1981) (presented by the Commission to the Council)

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COM (80) 690
Vol. 1980/0219
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(80 ) 690 final
                                                     I
                                                     Brussels - 11th November 1980
                        PROPOSAL FOR A COUNCIL REGULATION ( EEC )
       OPENING/. ALLOCATING AND PROVIDING              FOR THE ADMINISTRATION OF A
         COMMUNITY TARIFF , QUOTA FOR FRESH OR DRIED HAZELNUTS, SHELLED
                                Ν ν
         . OR NOT, FALLING' WITHIN SUBHEADING EX 08.05 G OF THE COMMON
                   CUSTOMS TARIFF AND ORIGINATING IN TURKEY ( 1981 )
                          f ,        •              J      ■
              ■"                    R,. < >• > > '•-M/
                      (presented by the 'Commission to the Council )
                 •  ·         ι
COM ( 80 ) 690 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1 .. Council Regulation ( EEC ) N°        of            concerning the
      importation into the Community of certain agricultural products
     originating in Turkey ( 1 ) provides for the opening for fresh
     or dried hazelnuts , shelled or otherwise / falling within subheading
     ex 08.05 G of the Common Customs Tariff , of an annual Community duty-
     free tariff quota of 25,000 tonnes ,
2 . It should be noted that the economic information on the basis of
     which the proposed allocation will be drawn up should be based ,
     in particular , on past and estimated future imports into Member
                     Ν
     States , specifically originating in or coming from Turkey . This
     information has been obtained by all Member States for the year
                                               «
     1977 to 1979 . The percentage of allocation contained in this proposal
     for a regulation corresponds to the criteria normally applied in
     this field , that is , imports over the last three years and the
     forecasts for 1981 .     -                                              *
3 . As regards administration of this quota , it is proposed that these
     should be an initial allocation among Member States of a large part
     of the quota , the balance representing a reserve to which the surplus
     from shares which exceed Member States'needs will be returned and
     from which those States still in need may draw additional shares .
4 . As in the past , the proposal for a Regulation annexed hereto provides
     that the uniform method of administration to be applied by all
     Member States should be the " as and when" method . Similarly , to take
     account * of the seasonal nature of the imports concerned ,, the proposed
     threshold for returns to the reserve is 40 % of the initial share .
( 1 ) 0J N° L ■     of      ,p.
 ---pagebreak---                                          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, failing within subheading ex 08.05 G of the
                              Common Customs Tariff and originating in Turkey ( 1981 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     to the abovementioned quota and uninterrupted
                                                              application of the rate laid down for that quota to all
                                                              imports of the products concerned into all Member
 Having regard to the Treaty establishing the European        States until the quota has been used up ; whereas , having
 Economic Community, and in particular Article 113            regard to the above principles, the Community nature
 thereof,
                                                              of the quota can be respected by allocating the Com­
                                                              munity tariff quota among the Member States ; whereas ,
Having regard to the proposal from the Commission,            in order to reflect as accurately as possible the true
                                                              trend of the market in the products in question , such
Whereas under Article            of Council Regulation        allocation should be in proportion to the requirements
 (EEC) No            of              on imports into the      of the Member States, calculated by reference to the
Community of certain agricultural products originating        statistics for imports from Turkey over a representative
in Turkey (*), fresh or dried hazelnuts, shelled or not,      reference period and also to the economic outlook for
falling within subheading ex 08.05 G of the Common            the quota period in question ;
Customs Tariff, originating in Turkey are admitted on
importation into the Community a nil duty ,
within the limit of a Community tariff quota of 25 000        Whereas, on the basis of the statistics at present
tonnes; whereas the Community tariff quota concerned          available, imports into the Member States in 19 77 ,
should therefore be opened for 1981 ;                          1978 and 1979 of the product concerned
                                                              originating in turkey have developed
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access            as follows and- represent the following
                                                              percentages of total imports into the
                                                               Community :
                                      1977                         1978                        1979
                                                                                     I
                                                                                     I
     Member States                                     i
                               Tonnes           %        Tonnes               y        Tonnes             %
                                                                                     I
                                                                                     !
                                                       l                            1
  Bénélux                       6 618          7.76       6 102             8.12 !
                                                                                    i
                                                                                        4 550    I 6.21
  Denmark                       1 274          1.49 J     1   277 !          1.70 j     1  305          1.78
  Germany                      54 568    I
                                              63.93 j    50 096            66.66 j     49 306 ,       67.36
  Greece                            59         0.07               0         0                 0         0
  France                       10 903         12.77       9 706            12.91       10 657         14.56
  Ireland          '               147         0.17           132           0.18           114          0.16
  Italy                         5 470          6.41       2 436        j    3.24        2 067    |      2.82
  United Kingdom                6 320          7.40       5 405             7.19        5 204           7.11
                               85 359                    75   154                      73 203
 ---pagebreak---            Whereas, taking into account these figures and the ' :
           foreseeable development of the product concerned
         . during 1581 and, in particular, the forecasts made by
           some Member States, the initial shares may be fixed •
           approximately at the following percentages:
       Bénélux                                6.68
        Denmark              (                1.70
       Germany                              67.08
       Greece                                 0.01
                           I   •
       France                               13.52
       Ireland                                0.24
       Italy                                  2.19
                                            /
       United Kingdom                         8.58
     Whereas, in order to take into account import trends         HAS ADOPTED THIS REGULATION;
     for the products concerned in the various Member
     States, the quota amount should be divided into two
 . instalments, the first being shared among the Member                                    , Article Î *
  . States and the second constituting a "reserve to cover at a
    later date the requirements of the Member States which
    have used up their initial quota share; whereas, in order      1 . During the period 1 January to 31 December 1981
    to give importers in each Member State a certain degree       Community tariff quota of 25 000 tonnes shall be
    of security, the first instalment of the Community quota opened in the Community for fresh or
    might under the . circumstances be fixed at                      dried, hazelnuts , shelled or not ,
    80 % of the quota volume,.
                                                                     falling within subheading ex 08.05 G
                                                                    of the Common Customs Tariff and ori­
   Whereas the Member States' initial shares may be used ginating in Turkey .                              -
' up at different times; whereas, in order to take this fact
   into account and avoid any break in continuity, any              2 ., Within this tariff quota , the
   Member State which has almost used up its-initial quota          Common Customs Tariff duty shall be
   share, should draw an additional share from the
  corresponding reserve; whereas this must be done by               totally suspended . Within the limits
  each Member State as and when each of its additional              of this tariff quota , Greece shall
  shares is almost useti up, and repeated as many times as          apply duties calculated in accordance
  the reserve allows; whereas the initial and additional ,          with the relevant provisions in the
  shares must be valid until the end of the quota period;           Act of Accession ( 1 ).
  whereas this method of administration requires close
  cooperation between the Member States and the                   3. Imports of the product in question benefiting from ~
  Commission, and the latter must be in a position to             the same or lower customs duties under other
  monitor the extent to which the quota volume has been .         preferential arrangements shall not be charged against
  used up and to inform the Member States thereof;                this tariff, quota.                    ,
 Whereas if, at a given date 1n the quota period, a in4. accordance    This tariff quota shall be allocated and administered i
                                                                                    with the following provisions.
 substantial quantity, ^remains unused, it is essential that
 that Member State should return a significant                  . 'Ì -    -III :- -             :, .
proportion to the corresponding reserve to prevent a
part of any tariff quota from remaining unused in one                                        Article 2
 Member State when it could be used in others; whereas
taking into account the seasonal nature of imports, it
seems appropriate tb fix the transfer limit of 40 % of . | 1; The tariff quota referred to in Article 1 (1) shall be
the initial share;                                                divided ilrito two instalments.      ,
                                                                 2.: The first instalment, amounting to 20 9CC tonnes,
Wherpas, since the Kingdom of Belgium, the Kingdom shall be shared amongst the Member States; the shares
ot the NetherlandS) and the Grand Duchy of ' which*; subject to Article 5S shall ■ valid until
Luxembourg are united in and represented by the 31 December 1981 shall be as folio',-"
Benelux Economic Union, any operation relating to the
administration of the quota shares allocated to that-
economic union may be carried out by any of its
members, ,             .                             .           ( 1 ) ÇM N° L 291                   9.11 . 1979 , p. 17
                                                                         v ! 1            s
 ---pagebreak---                                              Tonnes                                            Article 5
          Bénélux                              1 336
           Denmarfc                                                  than 1 Oaober 198 1 ; etr t0                rCSerVe' not ia*r
                                                 3 -''- C            initml shares as. on 15                              °f their
          Germany                           13     16                40 % of the initial volume ^ Jy
                                                                     quantity if there are bounds for f/                  £
                                                                                                                                  °f
          Greece                                       2             quantity may not be used                     CV,"g tHat th,s
          France                              2 704
          Ireland
                                                                                  nQctober
                                                                                       u 1981 , n°tify     the Commission, not
                                                                                                   of rhe mml                  -i
                                                  48                product „           er i V" °f the total quantities of the
          Ita ly                                 438                -d chargedTgZrrtS                                         ^
          United Kingdom                     1 716
                                                                    quantity of the initial shares returned to rh. ?!!
         . The second instalment, amounting to 5 000 tonnes                                  Article 6
      shall constitute the reserve .
                                                                   The Commission shall keep an account of the
                                                                   3 and a7               " ^ PUrSUanc to Artid«
                               Article 3                          exrei tot0 T'hV        "  n°tified' inf°rm ea<* State
                                                                              Wh,ch the reserves have been used up.
      1 . If 90 j or more of any Member State's initial share                                          s,aM' "»• '««
     as specified in Article 2 (2), or 90 % of that share minus
     the portion returned to the reserve where Article 5 has quantities        have been reZed"
     been applied, has been used up, then, to the extent Article 5.                          returned £      ^ pursuant^to
                                                                                                         thereto
     permitted by the amount.of the reserve, that Member
       tate shall forthwith, by notifying the Commission, It shall ensure that the drawing which exhausts any
     draw a second share equal'to 15 % of its initial share reserve does not exceed the balance available and, to
    rounded up where necessary to the next unit.                  IT* T r n°tlfy the amount of that balance to the
                                                                  Member State making the last drawing.
    2. If, after its initial share has been used up, 90 % or
    more of the second share drawn by a Member State has
    been used up, then, to the extent permitted by the                                      Article 7
    amount of the reserve, that Member State shall, m                       \
    accordance with the conditions laid down in paragraph 1 . The Member States shail take all measures necessary
    1, draw a third share equal to 7-5 % of its initial share. to ensure that additional shares drawn pursuant to
   3. If, after one of its second shares has been used up, Article        3 are opened in such a way that imports may be
                                                                 charged without interruption against their accumulated
   ^ /o or more of the third share drawn by a Member shares of the tariff quota.
  State has been used up, that Member State shall,~in ' 2 The Member States shall ensure that importers of
  accordance     with the conditions laid down m paragraph the products in question established in their territory
  1 , draw a iourth share equal to the third.
                                                                 have free access to the shares allocated to them.
  This process shall continue until the reserve is used up. 3. the Member States shall charge the imports of the
                                                                products concerned against their shares as and when the
 a'M^bpJs0/^0®3^11 fr°m paragraPhs ^ 2 and 3, products                      are entered with customs authorities for free
 fixed h-i rh         may          Shares smal]er than those    circulation .
 f! af ' those paragraphs if there is reason to believe
 that they might not be used up. It shall inform the
 Commission of ,ts reasons for applying this paragraph. 4 The extent to which a Member State has used up its
                                                                »ha.'.es shall be determined on the basis of the imports
                                                                ci arged under the conditions set in paragraph 3.
                           Article 4
    e additional shares drawn pursuant to Article 3 shall
be valid until 31 December 198 1 .
 ---pagebreak---                                                    - - • I: ' : [ ' ■
                                                                               -          i    Artide 8
                                                         '< i 1 •            ' '■      •                    :
                                               «,   At the Commission's request, the Member States shall
                                                    inform| it of imports actually charged against their
                                                   .shares.) *
                                                               .                               Article 9
                                               . , The Member States and the Commission shall cooperate
                                               ' closely to ensure that this Regulation is complied with.
                                                          i i ,                  . • , •' , Article 10
                                                    This Regulation shall enter into force on 1 January
                                                     1981 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, .                                       -.j . | ; ' .                     j . ."_V "" '
                        V.                    *     7 -       I ' ''v;"               ' For the Council ■
                                                          " ' ••                          The President ' •
                                                                 : 1 . .· ··
                                                             ' Γ
                                                                  ; 1 1 .
                                                             •ι      .     .
                                                                       . Γ