CELEX: 51979PC0488
Language: en
Date: 1979-09-20
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 otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 488
Vol. 1979/0169
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                             /                              ,
                                                   COM(79 ) 488 final .
                                                   Brussels , 20 September 1979
                               , 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 otherwise , falling
      within subheading ex 08.05 G of the Common Customs Tariff ,
                        originating in Turkey ( 1980 )
               ( submitted to the Council by the Commission )
                       Â-
 C0M(79 ) 488 fiinal .
 ---pagebreak---                        EXPLANATORY' MEMORANDUM
1.     Article 5 ( 1 ) of Council Regulation ( EEC ) N° 1180 / 77 of 17.5.1977
       concerning the importation into the Community of certain agricultural
       products originating in Turkey ( 1 ) provides for the opening for fresh
       or dried hezelnuts , shelled or otherwise , falling within subheading
       ex 08.05 G of the Common Customs Tariff , of an annual Community tariff
       quota of 25,000 tons at a duty rate of 2,5
 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 States , specifically
       originating in or coming from Turkey . This information has been obtained
       by all Member States for the year 1976 to 1978 . The percentage of allocation
       contained in this proposal for . a regulation is in fact identical to that
       used for 1979 , because it corresponds to the criteria normally applied
       in this field .
 3.    As regard^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 142 of 9.6.1977 , p. 10 .
 ---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 otherwise, falling within subheading ex 08.05 G of the
                                    Common Customs Tariff and originating in Turkey ( 1980 )
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas it is in particular necessary to ensure for all
                                                                            Community importers equal and uninterrupted access
                                                                            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
                                                                            States until the quota has been used up ; whereas, having
     Having regard to the Treaty establishing the European                  regard to the above principles, the Community nature
     Economic Community, and in particular Article 113 *" of the quota can be respected by allocating the
     thereof,                                                               Community tariff quota among the Member States ;
                                                                            whereas, in order to reflect as accurately as possible the
                                                                            true trend of the market in the products in question,
                                                                            such allocation should be in proportion to the
     Having regard to the proposal from the Commission,                     requirements of the Member States, calculated by
                                                                            reference to the statistics for imports from Turkey over
                                                                            a representative reference period and also to the
                                                                            economic outlook for the quota period in question;
     Whereas, under Article 5 ( 1 ) of Council Regulation
     (EEC) No 1180/77 of 17 May 1977 on the importation
     into the Community of certain agricultural products
     originating in Turkey ( '), fresh or dried hazelnuts,
     shelled or otherwise, falling within subheading ex 08.05
     G of the Common Customs Tariff and originating in                      Whereas, on the basis or the statistics at present
     Turkey, are admitted on importation into the                           available, imports into the Member States in 1976 ,
     Community at a duty of 2-5% , within the limit of a                  1977 and 1978 of the product concerned originating in
     Community tariff quota of 25 000 tonnes; whereas the                   Turkey have developed as follows and represent the
     Community tariff quota concerned should therefore be                   following percentages of total imports into the
     opened for 1980 ;                                                      Community:
                                                             1976   '                    1977
                                                                                                                  1978
                            Member States         |                                            %    !
                                                     tonnes     ■ '    %          tonnes
                                                                                                         tonnes                 '/
                                                                                                                                /•
                   Germany                          43 936           64-15      . 54 568      63.97     50 096.2            66.66
                   Bénélux                             5 662           8-27         6 618      7-76      6 102                8 - 12
                   France                              9 543          13-93       10 903      12-78      9 706              12.91
                   Italy                               2 065           3-02         5 470      6-41      2 436.1              3.24
                   Denmark                             1 161 |         1-70         1274       1-49      1   277              1.70
                                                                              I
                   Ireland                               140         . 0-20           147      0-17        . 132.25           0.18
                   United Kingdom                      5 978           8-73         6 320 !    7-42      5 405                7.19
                                           Total     68 485                       85 300              | 75 154.55
                                               i                                                      i
( 1 ) 0J No L 142 , 9.6.1977 , p. , 10 .
 ---pagebreak--- Whereas, taking into account these figures and the           Luxembourg are united in and represented by the
foreseeable development of the product concerned during      Benelux Economic Union, any operation relating to the
1980 and, in particular, the forecasts made by some          administration of the quota shares allocated in that
Member States, the initial shares may be fixed               economic union may be carried out by any of its
approximately at the following percentages:                  members,
          Bcnclux                           1014%
                                              2-67%          HAS ADOPTED THIS REGULATION:
          Dcnmark
          Germany                           65-93%
                                                                                       Article 1
          France                              8-20%
          Ireland                             1-66%          1 . From 1 January until 31 December 1 980 ,. a
          Italy                               0-25%          Community tariff quota of 25 000 tonnes shall be
          United Kingdom                    11-15%           opened in the Community for fresh or dried hazelnuts,
                                                             shelled or otherwise, falling within subheading ex 08.05
                                                             G o.f the Common Customs Tariff and originating in
                                                             Turkey.
 Whereas, in order to take into account import trends
 for the products concerned in the various Member            2. Within the limits of this tariff quota, the Common
 States, the quota amount should be divided into two          Customs Tariff duty applicable to these products shall
 instalments, the first being shared among the Member        be suspended at a rate of 2-5% .
 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     "3 . Imports of the product xn questxon
 to give importers in each Member State a certain degree        benefitting from the same or lower customs
 of security, the first instalment of the Community quota       duties under other preferential arrangements
 might under the circumstances be fixed at approxi­             shall not be charged against this tariff
 mately 80% of the quota volume;
                                                                quota .
 Whereas the Member States' initial shares may be used         4 * This tariff quota shall be allocated and administered
                                                              in accordance with the following provisions.
 up at different times; whereas, in order to take this fact
 into account and avoid any break in continuity, any
  Member State which has almost used up its initial quota                              Article 2
 share should draw an additional share from the
 corresponding reserve; whereas this must be done by          1 . The tariff quota referred to in Article 1 ( 1 ) shall be .
 each Member State as and when each of its additional
                                                              divided into two instalments.
 shares is almost 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;      2. A first instalment amounting to 20 000 tonnes shall
 whereas this method of administration requires close         be shared among the Member States; the shares, which
  cooperation between the Member States and the               subject to Article 5 shall be valid until 31 December
  Commission, and the latter must be m a position to         1930 shall be as follows:
  monitor the extent to which the quota volume has been                                                     (tonnes)
  used up and to inform the Member States thereof;                     Bénélux                               2 028-
                                                                                                               028'
                                                                       Denmark                                 534
                                                                       Germany                             13 186
  Whereas if, at a given date in the quota period, a                   France                                1 640
   substantial quantity remains unused, it is essential that           Ireland                                 332
  that Member State should return a significant
                                                                       Italy                                    50
   proportion to the corresponding reserve to prevent a
   part of any tariff quota from remaining unused in one              United Kingdom                         2 230
   Member State when it could be used in others ; whereas,
   taking into account the seasonal nature of imports, it     3 . The second instalment amounting to 5 000 tonnes
   seems appropriate to fix the transfer limit of 40% of the  shall constitute the reserve.
   initial share;
                                                                                       Article 3
   Whereas, since the Kingdom of Belgium, the Kingdom
   of the Netherlands and the Grand , Duchy of                 1 . If 90% or more of any Member State's initial share
                                                              as specified in Article 2 (2), or 90% of that share minus
                                                              the portion returned to the reserve where Article 5 has
                                                              been applied, has been used up, then, to the extent
                                                              permitted by the amount of the reserve, that Member
                                                              State shall forthwith, by notifying the Commission,
                                                              draw a second share equal to 15% of its initial share,
                                                              rounded up where necessary to the next unit.
 ---pagebreak--- 2. If, after its initial share has been used up, 90% or.         It shall inform the Member States, not later than
more of the second share drawn by a Mcmb.er State has           5 October 1980, Qf the amount in each reserve after
been used up, then, to the extent permitted by the              quantities have been returned thereto pursuant to
amount of the reserve, that Member State, shall , in            Article 5 .
accordance with the conditions laid down in paragraph
 1 , draw a third share equal to 7-5% of its initial share.     It shall ensure that the drawing which exhausts any
                                                                reserve doe,s not exceed the balance available and, to
3 . If, after one of its second shares has been used up,        this end, notify the amount of that balance to the
90% or more of the third share drawn by a Member                Member State making the last drawing.
State has been used up, that Member State shall, in
accordance with the conditions laid down in paragraph
 1 , draw a fourth share equal to the third.                                             Article 7
This process shall continue until the reserve is used up.        1 . The Member States shall take all measures necessary
                                                                to ensure that additional shares drawn pursuant to
4 . By way of derogation from paragraphs 1 , 2 and 3, a         Article 3 are opened in such a way that imports may be
Member State may draw shares smaller than those fixed       - ■ charged without interruption against their accumulated
in those paragraphs if there is reason to believe that          shares of the tariff quota.
they might not be used up. It shall inform the
Commission of its reasons for applying this paragraph.          2. The Member States shall ensure that importers of
                                                                the products in question established in their territory
                                                                have free access to the shares allocated to them.
                          Article 4
                                                                3 . The Member States shall charge the imports of the
The additional shares drawn pursuant to Article 3 shall         products concerned against their shares as and when the
be valid until 31 December - 1980 .                             products are entered with customs authorities for home
                                                                use.
                          Article S                             4 . The extent to which a Member State has used up its
                                                                shares shall be determined on the basis of the imports
The Member States shall return to the reserve, not later        charged under the conditions set in paragraph 3 .
than 1 October1980 , such unused portion of their
initial shares as, on 15 September 1980.is in excess of
40% of the initial volume. They may return a larger                                      Article 8
quantity if there are grounds for believing that this
quantity may not be used.                                       At the Commission's request, the Member States shall
                                                                inform it of imports actually charged against their
The Member States shall notify the Commission, not              shares.
later than 1 October 198Qof the total quantities of the
products in question imported up to 15 September 1980
and charged against the tariff quotas and of any                                         Article 9
quantity of the initial shares returned to the reserve.
                                                                The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
                          Article 6
The Commission shall keep an account of the shares                                      Article 10
opened by the Member States pursuant to Articles 2 and
3 and, as soon as it is notified, shall inform each State       This Regulation shall enter into force on 1 January
of the extent to which the reserves have been used up.           1980 .
               This Regulation shall be binding in its       and directly applicable in all Member States.
               Done at Brussels,
                                                                                       For the Council
                                                                                        The President