CELEX: 31985R3667
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3667/85 of 20 December 1985 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 (1986)

30 . 12 . 85                                  Official Journal of the European Communities                              No L 354 / 9
                                             COUNCIL REGULATION ( EEC) No 3667 / 85
                                                           of 20 December 1985
               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 ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Portugal , the Community must take the measures referred
                                                                          to in Articles 180 and 367 of that Act ; whereas the tariff
                                                                          measure in question applies therefore to the Community of
Having regard to the Treaty establishing the European                     Nine;
Economic Community , and in particular 113 thereof,
 Having regard to the proposal from the Commission ,                      Whereas it is in particular necessary to ensure equal and
                                                                          uninterrupted access for all Community importers to the
                                                                          abovementioned quota , and uninterrupted application of
Whereas the Annex to Council Regulation ( EEC ) No                        the rates laid down for this quota to all imports of the
3590 / 82 of 21 December 1982 on imports into the                         products concerned into the Member States until the quota
Community of agricultural products originating in                         has been used up ; whereas , having regard to the above
Turkey (*) provides that fresh or dried hazelnuts , shelled or            principles , the Community nature of the quota can be
not , falling within subheading ex 08.05 G of the Common                  respected by allocating the Community tariff quota among
Customs Tariff and originating in Turkey are admitted on                  the Member States ; whereas , in order to reflect most
importation into the Community at zero duty , within the                  accurately the actual development of the market in the
limit of a Community tariff quota of 25 000 tonnes ;                      products in question , such allocation should be in
whereas the Community tariff quota concerned should                       proportion to the requirements of the Member States ,
therefore be opened for 1986 ;                                            assessed by reference to both the statistics relating to
                                                                          imports of the said products from Turkey over a
                                                                          representative reference period and the economic outlook
Whereas, in accordance with Article 119 of the Act of                     for the quota period concerned ;
Accession of Greece , the Council adopted Regulation
( EEC ) No 3555 / 80 determining the arrangements to be
applied with regard to imports into Greece originating in
Algeria , Israel , Malta , Morocco , Portugal , Syria , Tunisia           Whereas on the basis of the currently available statistical
or Turkey ( 2 );                                                          data imports of the product in question from Turkey into
                                                                          the Member States have developed as follows over the years
                                                                          1982 , 1983 and 1984 ; whereas they represent the
Whereas in the absence of a Protocol as provided for in                   following percentage of the total imports into the
Articles 179 and 366 of the Act of Accession of Spain and                 Community from Turkey :
                                                                 1982                  1983              1984
                                 Member States
                                                            Tonnes      %        Tonnes       %     Tonnes      %
                    Benelux                                  7 017     9,40       6 332      9,37    6 815     8,36
                    Denmark                                  1 183     1,58       1 249      1,85      999     1,23
                    Germany                                 49 562    66,37     45 649      67,58   53 831    66,06
                    France                                   9 529    12,76       7 786     11,53    9 013    11,06
                    Ireland                                     50     0,07           30     0,04       22     0,03
                    Italy                                    2 533     3,39         746      1,10    2 904     3,56
                    United Kingdom                           4 798     6,44       5 760      8,53    7 901     9,70
                                                Total       74 672              67 552              81 485
(!) OJ No L 375 , 31 . 12 . 1982 , p . 1 .
( 2 ) OJ No L 382 , 31 . 12 . 1980 , p . 1 .
 ---pagebreak--- No L 354 / 10                             Official Journal of the European Communities                                   30 . 12 . 85
Whereas , in view of these factors , and of market forecasts         HAS ADOPTED THIS REGULATION :
for the products concerned and in particular of the
estimates submitted by certain Member States, initial quota
                                                                                                 Article 1
shares may be fixed for 1986 at approximately the
following percentages :
                                                                     1 . From 1 January to 31 December 1986 a Community
                                                                     tariff quota of 25 000 tonnes shall be opened in the
        Benelux                                     9,02             Community of Nine for fresh or dried hazelnuts , shelled or
        Denmark                                     1,51             not, falling within subheading ex 08.05 G of the Common
        Germany                                    66,66             Customs Tariff and originating in Turkey .
        France                                     11,73
        Ireland                                     0,05
                                                                     2 . Within this tariff quota the Common Customs Tariff
        Italy                                       2,77
                                                                     duty shall be totally suspended .
        United Kingdom                              8,26
                                                                     3 . Imports of the product in question benefiting from
                                                                     the same or lower customs duties under preferential
Whereas , to take into account import trends for            the      arrangements shall not be charged against this tariff
products concerned in the various Member States ,           the      quota .
quota amount should be divided into two instalments ,       the
first being allocated among the Member States and           the      4 . This Community tariff quota shall be allocated and
 second held as a reserve intended to cover at a later date the
                                                                     administered in accordance with the following provisions .
requirements of Member States, who have used up their
initial share ; whereas, in order to guarantee some degree of
security to importers in each Member State , the first
instalment of the Community quota should be fixed at a                                           Article 2
level which could , in the present circumstances , be 80 % of
the quota volume;                                                    1 . The Community tariff quota referred to in Article 1 ( 1 )
                                                                     shall be divided into two instalments .
Whereas the initial shares of the Member States may be               2 . A first instalment amounting to 20 000 tonnes shall be
 used up at different rates; whereas, in order to take this          shared among the Member states ; the shares , which subject
 into account and to avoid a break in continuity , any               to Article 5 shall be valid until 31 December 1986 , shall be
                                                                     as follows :
Member State which has used up almost all of its initial
 share should draw an additional share from the reserve ;                                                             (tonnes)
whereas this should be done by each Member State each                        Benelux                                    1 804
time one of its additional shares is almost used up , and so                 Denmark                                      302
 on as many times as the reserve allows; whereas the initial                 Germany                                  13 332
 and additional shares must be valid until the end of the                    France                                    2 346
quota period ; whereas this form of administration requires                  Ireland                                       10
close collaboration between the Member States and the
                                                                             Italy                                        554
 Commission , and the Commission must be in a position to                    United Kingdom                             1 652
follow the extent to which the quota volume has been used
up and inform the Member States thereof;
                                                                     3 . The second instalment amounting to 5 000 tonnes shall
                                                                     constitute the reserve :
Whereas , if at a given date in the quota period a substantial
 quantity of its initial share remains unused in any Member
                                                                                                 Article 3
State , it is essential that it should return a significant
proportion thereof to the reserve , to prevent part of the
Community quota remaining unused in one Member State                 1 . If 90 % or more of a Member State's initial share, as
when it could be used in others ; whereas , taking into              specified in Article 2 ( 2), or of that share less the portion
 account the seasonal nature of imports , it seems                   returned to the reserve where Article 5 has been applied ,
 appropriate to fix the transfer limit at 40 % of the initial        has been used up , that Member State shall , without delay,
share;                                                               by notifying the Commission , draw a second share equal to
                                                                     15 % of its initial share , rounded up where necessary to the
                                                                     next whole number , in so far as the amount in the reserve
                                                                     allows .
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are                2 . If, after its initial share has been used up , 90 % or
united within and jointly represented by the Benelux                 more of the second share drawn by a Member State has
Economic Union , all transactions concerning the                     been used up , that Member State shall , in accordance with
administration of the shares allocated to that economic              the conditions laid down in paragraph 1 , draw a third
union may be carried out by any one of its members ,                 share equal to 7,5 % of its initial share .
 ---pagebreak--- 30 . 12 . 85                             Official Journal of the European Communities                               No L 354 / 11
3 . If, after its second share has been used up , 90 % or           It shall notify the Member States , not later than 5 October
more of the third share drawn by a Member State has been            1986 , of the state of the reserve after quantities have been
used up , that Member State shall , in accordance with the          returned thereto pursuant to Article 5 .
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .                                                It shall ensure that the drawing which uses up the reserve is
                                                                    limited to the balance available and , to this end , shall
The process shall continue to apply until the reserve is used       specify the amount thereof to the Member State making the
up .                                                                final drawing.
4 . Notwithstanding paragraphs 1 , 2 and 3 , Member
                                                                                               Article 7
States may draw smaller shares than those fixed in these
paragraphs if there is reason to believe that those fixed
might not be used up . They shall inform the Commission             1 . Member States shall take all measures necessary to
of their grounds for applying this paragraph .                      ensure that additional shares drawn pursuant to Article 3
                                                                    are opened in such a way that imports may be charged
                                                                    without interruption against their aggregate shares in the
                                                                    Community quota .
                           Article 4
                                                                    2 . Member States shall ensure that importers of the
The additional share drawn pursuant to Article 3 shall be           products have free access to the shares allocated to them or
valid until 31 December 1986 .                                      which they have taken from the reserve .
                                                                    3 . The Member States shall charge the imports of the
                                                                    products concerned against their shares as and when the
                           Article 5                                products are entered with customs authorities for free
                                                                    circulation .
Member States shall return to the reserve, not later than
1 October 1986 , the unused portion of their initial shares         4 . The extent to which a Member State has used up its
which on 15 September 1986 is in excess of 40 % of the              shares shall be determined on the basis of the imports
initial amount . They may return a greater quantity if there        charged in accordance with paragraph 3 .
are grounds for believing that this quantity might not be
used in full .
                                                                                               Article 8
Member States shall notify the Commission , not later than
1 October 1986 , of the total imports of the products               At the request of the Commission , Member States shall
concerned effected under the Community quotas up to and             inform it of imports actually charged against their shares .
including 15 September 1986 and , where appropriate , the
proportion of their initial share that they are returning to
the reserve .                                                                                  Article 9
                                                                    The Member States and the Commission shall collaborate
                                                                    closely in order to ensure that this Regulation is
                           Article 6                                observed .
The Commission shall keep an account of the shares
opened by Member States pursuant to Articles 2 and 3 and ,                                    Article 10
as soon as it has been notified , shall inform each Member
State of the extent to which the reserve has been used up .         This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                          For the Council
                                                                                           The President
                                                                                             R. KRIEPS