CELEX: 31977R2824
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2824/77 of 28 November 1977 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 (1978)

No L 331 /42                           Official Journal of the European Communities                                23 . 12. 77
                                       COUNCIL REGULATION (EEC) No 2824/77
                                                     of 28 November 1977
             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 ( 1978 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas it is in particular necessary to ensure to all
                                                                     importers of the Member States equal and uninter­
Having regard to the Treaty establishing the Euro­                   rupted access to the said quota and uninterrupted
pean Economic Community, and in particular                           application of the rate laid down for that quota to all
Articles 43 and 113 thereof,                                         imports of the products concerned into all Member
                                                                     States until the quota has been used up ; whereas
                                                                     having regard to the above principles, the Com­
Having regard to the proposal from the Commission,                   munity nature of the quota can be respected by allo­
                                                                     cating the Community tariff quota among the Mem­
Having regard to the opinion of the European Parlia­                 ber States ; whereas, to reflect most accurately the ac­
ment ( x ),                                                          tual development of the market in the products con­
                                                                     cerned, such allocation should be in proportion to
                                                                     the needs of the Member States, assessed by reference
Whereas under Article 5 ( 1 ) of Council Regulation                  both to the statistics relating to imports from Turkey
(EEC) No 1180/77 of 17 May 1977 on the importa­                      over a representative period, and to the economic
tion into the Community of certain agricultural                      outlook for the quota period concerned ;
products originating in Turkey (2), fresh or dried hazel­
nuts, shelled or otherwise, falling within subheading
ex 08.05 G of the Common Customs Tariff, originat­                   Whereas, on the basis of the statistics at present
ing in Turkey, are admitted on importation into the                  available, imports into the Member States in 1974,
Community at a duty of 2-5 °/o, within the limit of a                1975 and 1976 of the product concerned originating
Community tariff quota of 25 000 tonnes ; whereas                    in Turkey have developed as follows and represent
the Community tariff quota concerned should there­                   the following percentages of total imports into the
fore be opened for 1978 ;                                            Community :
                                                          1974                  1975                  1976
                         Member States
                                                   tonnes        %       tonnes       %        tonnes        %
              Germany                             34 515       64-29    35 154       65-47    43 936       64-15
              Benelux                               4 500       8-38     5 284        9-84      5 662       8-27
              France                                5 680      10-58     6 084       11-33      9 543      13-93
              Italy                                 2 473       4-61     1 653-5      3-08      2 065       3-02
              Denmark                                 875       1-63       899        1-67      1 161       1-70
              Ireland                                 619       1-15        30        0-06        140       0-20
              United Kingdom                        5 026       9-36     4 590        8-55      5 978       8-73
                                                  53 688                53 694-5               68 485
 H OJ No C 241 , 10. 10. 1977, p. 46.
 (2) OJ No L 142, 9 . 6. 1977, p. 10.
 ---pagebreak--- 23 . 12 . 77                         Official Journal of the European Communities                           No L 331 /43
 Whereas, taking into account these figures and the             Whereas, since the Kingdom of Belgium, the King­
 foreseeable development of the product concerned                dom of the Netherlands and the Grand Duchy of
 during 1978 and, in particular, the forecasts made by          Luxembourg are united in and represented by the
 some Member States, the initial shares may be fixed           Benelux Economic Union, all transactions concern­
 approximately at the following percentages :                   ing the administration of the shares granted to the
                                                                abovementioned economic union may be carried out
                                                                by any one of its members,
          Germany                      65-93 %
          Benelux                      10-14 %
          France                          8-20 %                HAS ADOPTED THIS REGULATION :
          Italy                           0-25 %
                                                                                        Article 1
          Denmark                         2-67 %
          Ireland                         1-66 %
                                                                1.    During the period 1 January to 31 December
          United Kingdom              11-15% ;                  1978 a Community tariff quota of 25 000 tonnes shall
                                                                be opened in the Community for fresh or dried hazel­
                                                                nuts, shelled or otherwise, falling within subheading
                                                                ex 08.05 G of the Common Customs Tariff, originat­
 Whereas in order to take into account the import               ing in Turkey.
 trends for the product concerned in the Member
 States, the quota volume should be divided into two
instalments, the first instalment being allocated to the       2. Within this tariff quota the Common Customs
Member States, and the second forming a reserve in­            Tariff duty is suspended at 2-5 °/o.
 tended ultimately to cover the requirements of the
Member States, should their initial share be used up ;         3.     This tariff quota shall be allocated and adminis­
whereas, in order to ensure a certain degree of                 tered in accordance with the following provisions.
security to importers, the first instalment of the
Community quota should be determined at a rela­
tively high level, which under present circumstances                                    Article 2
could be approximately 80% of the quota volume;
                                                                1.    The tariff quota referred to in Article 1 ( 1 ) shall
                                                                be divided into two instalments .
Whereas the initial shares may be used up sooner or
later; whereas, in order to take this fact into account        2.     The first instalment, amounting to 20 000
and to avoid any break in continuity, it is important          tonnes, shall be shared amongst the Member States ;
that any Member State which has used up almost all             the shares which, subject to Article 5 , shall be valid
its initial share should draw an additional share from         until 31 December 1978 , shall be as follows :
the reserve ; whereas this must be done as and when
each of its additional shares in the quota is almost                    Germany                      13 186 tonnes ,
entirely used up, and repeated as often as the reserve                  Benelux                       2 028 tonnes ,
allows ; whereas the initial and additional shares must
be available for use until the end of the quota period ;                France                        1 640 tonnes,
whereas this method of administration calls for close
                                                                        Italy                            50 tonnes,
cooperation between the Member States and the
Commission , which must in particular be able to ob­                    Denmark                         534 tonnes,
serve the extent to which the quota volume is used
                                                                        Ireland                         332 tonnes,
up and inform the Member States thereof;
                                                                        United Kingdom                2 230 tonnes .
Whereas if, at a specified date in the quota period, a         3.     The second instalment, amounting to 5 000
considerable balance remains in any Member State, it           tonnes, shall constitute the reserve.
is essential that the Member State should return a
certain proportion thereof to the reserve, in order to
avoid part of the Community quota remaining un­                                         Article 3
used in one Member State when it could be used in
others ; whereas, taking into account the seasonal na­         1.     If 90 % or more of any Member State's initial
ture of imports, it seems appropriate to fix the trans­        share, as laid down in Article 2 (2) — or 90 % of
 fer limit of 40 % of the initial share ;                      that share less the amount returned into the reserve,
 ---pagebreak--- No L 331 /44                          Official Journal of the European Communities                              23 . 12. 77
where Article 5 has been applied — has been ex­                  where appropriate, the proportion of their initial
hausted, that Member State shall without delay, by               shares that they are returning to the reserve.
notifying the Commission, draw a second share in the
quota equal to 15 % of its initial share, rounded up
to the next unit where appropriate, to the extent that
the amount in the reserve allows .                                                        Article 6
                                                                 The Commission shall keep account of the shares
2.     If after its initial share has been exhausted 90 %
                                                                 opened by Member States in accordance with Articles
or more of the second share drawn by a Member                    2 and 3 , and shall inform each of them of the
State has been used, that Member State shall, in the             extent to which the reserve has been used as soon as
 manner provided for in paragraph 1 , draw a third               it receives the notifications .
 share equal to 7-5 % of its initial share.
                                                                 The Commission shall, not later than 5 October 1978
3.     If after its second share has been exhausted              notify the Member States of the state of the reserve
90 % or more of the third share drawn by that Mem­               after the return of shares pursuant to Article 5 .
ber State has been used, it shall, in the manner pro­
vided for in paragraph 1 , draw a fourth share equal
 to the third .                                                  The Commission shall ensure that any drawing
                                                                 which uses up the reserve is limited to the balance
                                                                 available and, for this purpose, shall specify the
                                                                 amount thereof to the Member State which makes
 This process shall be applied until the reserve is ex­
hausted .                                                        the final drawing.
4. Notwithstanding the provisions of paragraphs                                            Article 7
 1 , 2 and 3 , Member States may draw smaller shares
than those fixed in those paragraphs if there is reason
 to believe that those shares might not be used up.              1.    The Member States shall take all measures
They shall inform the Commission of their reasons                necessary to ensure that supplementary shares drawn
 for applying this paragraph .                                   pursuant to Article 3 are opened in such a way that
                                                                 changes may be made without interruption against
                                                                 their accumulative shares of the Community quota.
                            Article 4
                                                                 2. The Member States shall ensure that importers
                                                                 of the said products established in their territory have
                                                                 free access to the shares allocated to them or drawn
Additional shares drawn pursuant to Article 3 shall              from the reserve.
 be valid until 31 December 1978 .
                                                                 3 . The Member States shall charge imports of the
                                                                 said goods against their shares as and when the
                            Article 5
                                                                 goods are entered with customs authorities for home
                                                                 use .
Member States shall return to the reserve, not later             4.     The extent to which a Member State has used
than 1 October 1978 , the unused portion of their ini­           up its share shall be determined on the basis of the
tial shares which, on 15 September 1978 , is in excess           imports charged in accordance with paragraph 3 .
 of 40 % of the initial amount. They may return a
greater portion if there are grounds for believing that
 such portion may not be used in full.
                                                                                           Article 8
 The Member States shall, not later than 1 October
 1978 , notify the Commission of the total imports of            On receipt of a request from the Commission, Mem­
 the products concerned effected under the Com­                  ber States shall inform it of imports of the products
 munity quota up to 15 September 1978 inclusive and,             in question actually charged against its shares.
 ---pagebreak--- 23 . 12 . 77                        Official Journal of the European Communities                       No L 331 /45
                        Article 9                                                   Article 1 0
The     Member   States  and    the  Commission     shall
cooperate closely in order to ensure the correct appli-        This Regulation shall enter into force on 1 January
cation of this Regulation.                                     1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 November 1977 .
                                                                                  For the Council
                                                                                    The President
                                                                                     L. OUTERS