CELEX: 51982PC0576
Language: en
Date: 1982-09-21
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 (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 576
Vol. 1982/0182
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82)576 final
                                                        Brussels / 21 September 1982
                                       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 ( 1983 )
                 ( submitted to the Council by the Commission )
                               ^                \?Λ
                 ( 3    Ο Ο ' "Λ              '     )
                        Sotii <!u SacréVariat
                               Gindr^t
 C0M(82 ) 576 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
  1 . Council Regulation ( EEC ) N° 562 / 81 of 20 January   1981 on the
        reduction of customs duties on imports into the Community of
       certain agricultural products originating in Turkey ( 1 ) provides
       for the opening for fresh or dried hazelnuts , shelled or othei–
       wise, 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 . The aim of this proposal is to open the quota concerned for the
       period from 1 January to 31 December     1983 .
3 . The tariff quota concerned may be modified in the light of current
      negotiation ^ with the contracting country for the conclusion of
      an Adaptation Protocol to the abovement ioned Agreement .     Pending
      the outcome , the proposed Regulation enables the engagements
      contracted by the Community to be respected .
      The Commission therefore reserves the right to modify the proposal
      in the course of the proceedings in order to adapt it , as necessary ,
      to the Adaptation Protocol .
A.    It should be noted that the economic     information on the basis of
     which the proposed allocation will be drawn up shou-ld be based ,
      in particular , on past and estimated future imports into Member
      States , specifically originating in or coming from Turkey .     This
      information has been obtained by all Member States for the year
     1979 to 1981 .   The percentage of allocation contained in this
     proposal for a regulation are the same as those adopted within the
     framework of the quota relating to the year 1982 .
5 . 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 .
(1 )     0J N° L 65 of 11.3.1981 , p. 1 .
 ---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, falling within subheading ex 08.05 G of the
                                  Common Customs Tariff and originating in Turkey ( 1983 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      Malta, Morocco, Portugal, Syria, Tunisia or Turkey (2);
                                                              whereas this Regulation therefore applies to the
                                                              Community of Nine;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                      Whereas it is in particular necessary to ensure for all
                                                              Community importers equal and uninterrupted access
Having regard to the proposal from the Commission,            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
Whereas the Annex to Council Regulation (EEC)                 States until the quota has been used up; whereas, having
No 562/81 of 20 January 1981 on the reduction of              regard to the above principles, the Community nature
customs duties on imports into the Community of               of the quota can be respected by allocating the
certain agricultural products originating in Turkey t 1)      Community tariff quota among the Member States;
provides that fresh or dried hazelnuts, shelled or not,       whereas, in order to reflect as accurately as possible the
falling within subheading ex 08.05 G of the Common            true trend of the market in the products in question,
Customs Tariff and originating in Turkey are admitted         such allocation should be in proportion to the
on importation into the Community at zero duty,               requirements of the Member States, calculated by
within the limit of a Community tariff quota of 25 000        reference to the statistics for imports from Turkey over
tonnes ; whereas the Community tariff quota concerned         a representative reference period and also to the
should therefore be opened for 1 98 3 .                       economic outlook for the quota period in question ;
Whereas, in accordance with Article 119 of the 1979           Whereas, on the basis of the statistics at present
Act of Accession, the Community adopted Council               available, imports into the Member States in 1 97 9
Regulation (EEC) No 3555/80 of 16 December 1980                1980and 1981 of the product concerned, originating in
determining the arrangements to be applied with regard        Turkey, have developed as follows and represent the
to imports into Greece originating in Algeria, Israel,        following percentages of total imports into the
                                                              Community :
                           •
                                                                           1979                   1980             1981
                          Member States
                                                                    tonnes        %       tonnes         %     tonnes    %
              Benelux                                                4550        6-21     5106          7-45     5374      7.95
              Denmark                                                1305        1-78     1202-8        1-75      784.7    1.16
              Germany                                               49306       67-36    44844         65-40    47779.6  70.71
              France                                                10657       14-56     9230         13-46
                                                                                                                 8889.2  13.15
              Ireland                                                  114       0-16         40        0-06
                                                                                                                   91 .5   0 .1 4 !
              Italy                                                  2067        2-82     3808-3        5 - 55
                                                                                                                  823.2    1.22
              United Kingdom                                         5204        7-11     4 337         6-33     3833     5 . 67
                                         Total                      73203                68568-1                67575 .2
( ') OJ No L 65, 11.3 . 1981 , p. 1 .                         (2) OJ No L 382, 31 . 12. 1980 , p. 1 .
 ---pagebreak---  Whereas, taking into account these figures and the         Luxembourg are united within and jointly represented
 foreseeable development of the product concerned           by the Benelux Economic Union, any operation relating
during 1983 an<i, in particular, the forecasts made by      to the administration of the quota shares allocated to
some Member States, the initial shares may be fixed         that Economic Union may be carried out by any of its
 approximately at the following percentages:                members,
         Benelux                               7-38
         Denmark                               2-24
         Germany                              6315
                                                            HAS ADOPTED THIS REGULATION:
         France                               13-52
         Ireland                               0-23
         Italy                                 3-75
         United Kingdom                        9-73                                  Article 1
                                                             1 . During the period 1 January to 31 December 198 3a
                                                            Community tariff quota of 25 000 tonnes shall be
Whereas, in order to take into account import trends        opened in the Community of Nine for fresh or dried
for the product concerned in the various Member             hazelnuts, shelled or not, falling within subheading
States, the quota amount should be divided into two         ex 08.05 G of the Common Customs Tariff and
instalments, the first being shared among the Member        originating in Turkey.
States and the second constituting a reserve to cover at a
later date the requirements of those Member States
which have used up their initial quota share; whereas,      2. Within this tariff quota, the Common Customs
in order to give importers in each Member State a           Tariff duty shall be totally suspended.
certain degree of security, the first instalment of the
Community quota might under the circumstances be
fixed at 80 % of the quota volume;                          3 . Imports of the product in question benefiting from
                                                            the same or lower customs duties under preferential
                                                            arrangements shall not be charged against this tariff
                                                            quota.
Whereas the Member States' initial shares may be used
up at different times ; whereas, in order to take this fact
into account and avoid any break in continuity, any         4. This tariff quota shall be allocated and administered
Member State which has almost used up its initial quota     in accordance with the following provisions.
share     should draw an additional share from the
reserve; whereas this must be done by each Member
State as and when each of its additional shares is almost
                                                                                     Article 2
used up, and repeated as many times as the reserve
allows ; whereas the initial and additional shares must
be valid until the end of the quota period; whereas this    1 . The tariff quota referred to in Article 1 ( 1 ) shall be
                                                            divided into two instalments .
method of administration requires close cooperation
between the Member States and the Commission, and
the latter must be in a position to monitor the extent to
which the quota volume has been used up and to inform       2. The first instalment, amounting to 20 000 tonnes ,
the Member States thereof;                                  shall be shared among the Member States ; the shares
                                                            which , subject to Article 5 , shall be valid until
                                                            31 December 198 3 shall be as follows:
Whereas if, at a given date in the quota period, a                                                     (tonnes)
substantial quantity remains unused, it is essential that          Benelux                               1 476
that    Member State should        return a significant            Denmark                                 448
proportion-to the reserve to prevent a part of any tariff          Germany                             12 630
quota from remaining unused in one Member State                    France                                2 704
when it could be used in others ; whereas, taking into
account the seasonal nature of imports, it seems                   Ireland                                   46
appropriate to fix the transfer limit at 40 % of the               Italy                                   750
initial share;                                                     United Kingdom                        1 946
Whereas, since the Kingdom of Belgium, the Kingdom          3 . The second instalment, amounting to 5 000 tonnes,
of the       Netherlands and    the Grand      Duchy of     shall constitute the reserve.
 ---pagebreak---                                                         -3-
                           Article 3                                                Article 6
1 . If 90 % or more of any Member State's initial share     The Commission shall keep an account of the shares
as specified in Article 2 (2), or 90 % of that share minus  opened by the Member States pursuant to Articles 2
the portion returned to the reserve where Article 5 has     and 3 and, as soon as it is notified, inform each
been applied, has been used up, then, to the extent         Member State of the extent to which the reserves have
permitted by the amount of the reserve, that Member         been used up.
State shall forthwith , by notifying the Commission,
draw a second share equal to 15 % of its initial share,     It shall inform the Member States, not later than
rounded up where necessary to the next unit.                5 October 1 98 3 of the amount in the reserve after
                                                            quantities have been returned thereto pursuant to
                                                            Article 5 .
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          It shall ensure that the drawing which exhausts any
                                                            reserve does not exceed the balance available and, to
the amount of the reserve, that Member State shall,
in accordance with         the conditions laid   down in    this end, notify the amount of that balance to the
paragraph 1 , draw a third share equal to 7-5 % of its      Member State making the last drawing.
initial share.
                                                                                    Article 7
3 . If, after its second share has been used up, 90 % or
more of the third share drawn up by a Member State          1 . The Member States shall take all measures necessary
has been used up, that Member State shall,                  to ensure that additional shares drawn pursuant to
in accordance with the conditions laid down in              Article 3 are opened in such a way that imports may be
paragraph 1 , draw a fourth share equal to the third.       charged without interruption against their accumulated
                                                            shares of the tariff quota.
This process shall continue until the reserve is used up.   2. The Member States shall ensure that importers of
                                                            the products in question
                                                            have free access to the shares allocated to them .
4. By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed       3 . The Member States shall charge the imports of the
in those paragraphs if there is reason to believe that      products concerned against their shares as and when the
they might not be used up. It shall inform the Com­         products are entered with customs authorities for free
mission of its reasons for applying this paragraph.         circulation.
                                                            4 . The extent to which a Member State has used up its
                                                            shares shall be determined on the basis of the imports
                           Article 4                        charged under the conditions set in paragraph 3 .
The additional shares drawn pursuant to Article 3 shall
be valid until 31 December 198 3 .                                                  Article 8
                                                            At the Commission's request, the Member States shall
                                                            inform it of imports actually charged against their
                           Article S                        shares.
The Member States shall return to the reserve, not later
than 1 October 1983, such unused portion of their
                                                                                    Article 9
initial shares as, on 15 September 1983 's in excess of
40 % of the initial volume. They may return a larger
quantity if there are grounds for believing that this       The   Member States       and   the  Commission,   shall
quantity may not be used .                                  cooperate closely to ensure that this Regulation is
                                                            complied with.
The Member States shall notify the Commission, not
later than 1 October.l 98 3 of the total quantities of the                         Article 10
products in question imported up to 15 September
 1983 and charged against the tariff quotas and of any      This Regulation shall enter into force on 1 January
quantity of the initial shares returned to the reserve.     1983 .
 ---pagebreak---                                                    -4-
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                           For the Council
                                                                            The President