CELEX: 31987R4176
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4176/87 of 21 December 1987 suspending wholly or in part the Common Customs Tarif duties on certain agricultural products originating in Turkey (1988)

No L 399 / 8                                   Official Journal of the European Communities                                     31 . 12 . 87
                                               COUNCIL REGULATION (EEC) No 4176 / 87
                                                              of 21 December 1987
                suspending wholly or in part the Common Customs Tariff duties on certain agricultural products
                                                          originating in Turkey ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  Whereas , in accordance with Article 119 of the Act of
                                                                            Accession of Greece , the Council adopted Regulation (EEC )
                                                                            No 3555 / 80 of 16 December 198G determining the
 Having regard to the Treaty establishing the European                      arrangements to be applied with regard to imports into
 Economic Community, and in particular Article 113                          Greece originating in Algeria , Israel , Malta , Morocco ,
 thereof,
                                                                            Portugal , Syria , Tunisia or Turkey ( 5 ); whereas the Council
                                                                            has also adopted Regulation (EEC ) No 2573 / 87 of 11
 Having regard to Council Regulation (EEC ) No 3033 / 80 of                 August 1987 laying down the arrangements for trade
 11 November 1980 laying down the trade arrangements                        between Spain and Portugal, on the one hand, and Algeria,
 applicable to certain goods resulting from the processing of               Egypt, Jordan , Lebanon, Tunisia and Turkey, on the
 agricultural products ( x ), and in particular Article 12                  other ( 6 ); whereas this Regulation applies therefore to the
 thereof,                                                                   Community as constituted on 31 December 1980 ,
 Having regard to the proposal from the Commission,
 Whereas under Annex 6 to the Additional Protocol laying                   HAS ADOPTED THIS REGULATION :
 down the conditions , procedures and timetables for
 implementing the transitional phase referred to in Article 4 of
 the Agreement establishing an association between the
 European Economic Community and Turkey ( 2 ) and under                                                      Article 1
 Article 9 of the Supplementary Protocol to the Association
 Agreement between the European Economic Community
 and Turkey consequent on the accession of new Member                       1.    From 1 January until 31 December 1988 the customs
 States to the Community ( 3 ), which was signed in Ankara on              duties on imports into the Community as constituted on 31
 30 June 1973 and entered into force on 1 March 1986 ( 4 ), the            December 1980 of the products originating in Turkey listed
 Community must wholly or in part suspend the Common                       in the Annex shall be those indicated for each of them , in the
                                                                           said Annex .
 Customs Tariff duties applicable to certain products;
whereas it also appears necessary , on a provisional basis , to
 adjust or supplement some of the advantages provided for in               2.     For the purposes of application of this Regulation,
the abovementioned Annex 6 ; whereas the Community                         'originating products' shall mean those products which fulfil
 should , therefore , with regard to the products originating in           the conditions laid down in Association Council Decision
 Turkey contained in the list annexed to this Regulation,                  No 4 / 72 attached to Regulation (EEC ) No 428 / 73 ( 7 ),
 suspend until 31 December 1988 either the fixed component                 as amended by Decision No 1 / 75 attached to Regulation
of the charge applicable to the goods falling within the scope             (EEC ) No 1431 / 75 ( 8 ).
of Regulation (EEC) No 3033 / 80 or the customs duty
applicable to the other products , at the levels indicated for             The methods of administrative cooperation for ensuring that
each of them ;                                                             the products listed in the Annexes benefit from the total or
                                                                           partial suspension shall be those laid down in Association
                                                                           Council Decision No 5 / 72 attached to Regulation (EEC )
Whereas the Community has adopted , with effect from                       No 428 / 73 , as last amended by Decision No 1 / 83 , attached
1 January 1988 , a combined nomenclature for goods which                   to Regulation (EEC ) No 993 / 83 ( 9 ).
meets the requirements of the Common Customs Tariff and
the external trade statistics of the Community and statistics
of trade between Member States ; whereas in order to
accommodate specific Community measures this                                                                Article 2
nomenclature has been expanded into an integrated tariff of
the European Communities ( Taric); whereas , from the date
given above, the combined nomenclature and , where
                                                                           When imports of products qualifying for the arrangements
appropriate , the Taric code numbers should be used for the
                                                                           provided for in Article 1 come into the Community in
                                                                           quantities or at prices which cause or threaten to cause
description of the products covered by this Regulation ;
                                                                           i5) OJ No L    382 , 31 . 12 . 1980 , p. 1
(»)  OJ No  L 323 , 29 . 11 . 1980 , p . 1 .                               (6) OJ No L    250 , 1 . 9 . 1987 , p. 1 .
(2>  OJ No  217, 29 . 12. 1964 , p. 3687 / 64 .                            (7) OJ No L    59 , 5 . 3 . 1973 , p. 73 .
(3)  OJ No  L 361 , 31 . 12 . 1977 , p. 2 .                                (8) OJ No L    142 , 4 . 6 . 1975 , p . 1 .
(4 ) OJ No  L 48 , 26 . 2 . 1986 , p. 36 .                                 H   OJNoL      112 , 8.4 . 1983 , p . 1 .
 ---pagebreak--- 31 . 12 . 87                            Official Journal of the European Communities                                   No L 399 / 9
serious injury to the Community producers of similar               request and shall inform the Member States of the action
products or directly competitive products, the Common              taken .
Customs Tariff duties may be partially or wholly­
re-established for the products in question . These measures       3.     Any Member State may refer the Commission's action
may also be taken in the event of serious injury or the threat     to the Council , within a period of 10 working days following
of serious injury limited to a single region of the                the day of its notification .
Community.                                                         Referring the matter to the Council shall not have a
                                                                   suspensory effect. The Council shall meet without delay. It
                          Article 3
                                                                   may by a qualified majority amend or annul the measure
                                                                   taken .
1.     In order to ensure the application of Article 2 , the
Commission may decide by means of a Regulation to                                              Article 4
re-establish Common Customs Tariff duties for a limited
period .                                                           This Regulation shall enter into force on the day following
                                                                   that of its publication in the Official Journal of the European
2.     Where the Commission has been requested by a                Communities .
Member State to take action it shall take a decision within a
maximum period of 10 working days from receipt of the              It shall apply with effect from 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 21 December 1987 .
                                                                                        For the Council
                                                                                         The President
                                                                                         B. HAARDER
 ---pagebreak---   No L 399 / 10                                Official Journal of the European Communities                                        31 . 12 . 87
                                                                      ANNEX
                 List of products falling within Chapters 1 to 24 originating in Turkey for which there are grounds for total or
                                                partial suspension of the Common Customs Tariff
        Order
                          CN code                                           Description                                       Rate of duty
         No
I                                        Vegetables , fresh or chilled:
  15.0001            ex 0709 30 00       — Aubergines , from 1 to 14 January                                                      9%
                                         Melons (including watermelons) and papaws (papayas), fresh:
  15.0003            ex 0807 10 10       — Watermelons , from 1 November to 31 March                                             6,5 %
                                         Chocolate and other food preparations containing cocoa:
  15.0005            ex 1806 10 10       — Cocoa powder, not otherwise sweetened than by the addition of sucrose             3% + MOB
                     ex 1806 10 30
                     ex 1806 10 90
  15.0007            ex 1806 20 10       Chocolate and chocolate goods, whether or not filled, sugar confectionery and       9% + MOB
                     ex 1806 20 30       substitutes therefor made from sugar substitution products, containing cocoa       with a max. of
                                                                                                                           27% + AD S / Z
                     ex 1806 20 50
                     ex 1806 20 90
                        1806 31 00
                        1806 32 10
                        1806 32 90
                        180690 11
                        1806 90 19
                        1806 90 31
                        1806 90 39
                        1806 90 50
  15.0009            ex 1901 90 90       — Preparation based on flour of leguminous vegetables in the form of sun-dried           Free
                                            discs of dough , known as 'papad'
  15.0011            ex 1903 00 00       Tapioca, other than tapioca prepared from potato starch                             2% + MOB
                                         Preparations :
  15.0013               0710 40 00       — — Of maize                                                                        3% + MOB
                        0711 90 30
                        2001 90 30
                        2004 90 10
                        2005 80 00
                        2008 99 85
  15.0015               1904 90 10       — — Of rice                                                                         3% + MOB
  15.0017               1904 90 90       — — Of other cereals                                                                2% + MOB
 Abbreviations:
  MOB     = variable component,
 AD S / Z = additional duty on sugar.