CELEX: 31991R3764
Language: en
Date: 1991-12-16 00:00:00
Title: Council Regulation (EEC) No 3764/91 of 16 December 1991 suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey (1992)

Avis juridique important

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31991R3764

Council Regulation (EEC) No 3764/91 of 16 December 1991 suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey (1992)  

Official Journal L 356 , 24/12/1991 P. 0010 - 0013

COUNCIL REGULATION (EEC) No 3764/91  of 16 December 1991  suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey (1992)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Article 12 thereof,  Having regard to the proposal from the Commission,  Whereas under Annex 6 to the Additional Protocol laying 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 9 of the Supplementary Protocol to the Association Agreement between the European Economic Community and Turkey consequent on the accession of new Member States to the Community (3), which was signed in Ankara on 30 June  1973 and entered into force on 1 March 1986 (4) the Community must wholly or in part suspend the Common 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 the abovementioned Annex 6; whereas the Community should, therefore, with regard to the products originating in Turkey contained in the list annexed to this Regulation, suspend until 31 December 1992 either the fixed component  of the charge applicable to the goods falling within the scope of Regulation (EEC) No 3033/80 or the customs duty applicable to the other products, at the levels indicated for each of them;  Whereas in the context of the said tariff suspensions, the Kingdom of Spain and the Portuguese Republic will apply customs duties calculated in accordance with Council Regulation (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade  between Spain and Portugal, on the one hand, and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey, on the other (5); and whereas the present Regulation is applicable to the Community as presently composed,  HAS ADOPTED THIS REGULATION:  Article 1  1. From 1 January to 31 December 1992 the customs duties on imports into the Member States of the products originating in Turkey listed in the Annex shall be those indicated for each of them in the said Annex.  Within the context of these tariff suspensions the Kingdom of Spain and the Portuguese Republic shall apply duties calculated in accordance with the relevant provisions set out in Regulation (EEC) No 2573/87.  2. For the purposes of applying this Regulation, the rules of origin shall be those in force at the time for the implementation of the Agreement establishing an Association between the European Economic Community and Turkey.  The methods of administrative cooperation for ensuring that 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) No 428/73, as last  amended by Decision No 1/83, attached to Regulation (EEC) No 993/83 (6).  Article 2  When imports of products qualifying for the arrangements provided for in Article 1 come into the Community in quantities or at prices which cause or threaten to cause serious injury to the Community producers of such products or directly  competitive products, the Common Customs Tariff duties may be partially or wholly re-established for the products in question. These measures may also be taken in the event of serious injury or the threat of serious injury limited to a single region of  the Community.  Article 3  1. In order to ensure the application of Article 2, the Commission may decide by means of a Regulation to re-establish Common Customs Tariff duties for a limited period.  2. Where the Commission has been requested by a Member State to take action it shall take a decision within a maximum period of 10 working days from receipt of the request and shall inform the Member States of the action taken.  3. Any Member State may refer the Commission's action to the Council, within 10 working days of its notification.  Referring the matter to the Council shall not have a suspensory effect. The Council shall meet without delay. It may by a qualified majority amend or annul the measure taken.  Article 4  This Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.  Done at Brussels, 16 December 1991. For the Council  The President  H. VAN DEN BROEK   (1) OJ No L 323, 29. 11. 1980, p. 1. (2) OJ No 217, 29. 12. 1964, p. 3687/64. (3) OJ No L 361, 31. 12. 1977, p. 2. (4) OJ No L 48, 26. 2. 1986, p. 36. (5) OJ No L 250, 1. 9. 1987, p. 1. (6) OJ No L 112, 28. 4. 1983, p. 1.    ANNEX  List of products falling within Chapter 1 to 24 originating in Turkey for which there are grounds for total or partial suspension of the Common Customs Tariff        Order No  CN code  Description  Rate of duty (a)         Vegetables, fresh or chilled:   15.0001  ex 0709 30 00    Aubergines, from 1 to 14 January  9 %         Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and other similar  roots and tubers with high starch or inulin content, fresh or dried, whole or sliced; sago pith:   15.0003  0714 20 10    Sweet potatoes intended for human consumption (1)  Free         Melons (including watermelons) and papaws (papayas), fresh:    15.0005  ex 0807 10 10    Watermelons, from 1 November to 31 March  6,5 %         Chocolate and other food preparations containing cocoa:   15.0007  ex 1806 10 10  ex 1806 10 30  ex 1806 10 90    Cocoa powder, not otherwise sweetened than by the addition of sucrose  3 %       15.0009  1806 20 10  1806 20 30  1806 20 50  1806 20 80  1806 20 95  1806 31 00  1806 32 10  1806 32 90  1806 90 11  1806 90 19  1806 90 31  1806 90 39  1806 90 50  Chocolate and chocolate goods, whether or not filled, sugar confectionery and substitutes therefore made from sugar substitution products, containing cocoa  9 %       15.0011  ex 1901 90 90  Preparation based on flour of leguminous  vegetables in the form of sun-dried discs of dough, known as 'papad.'  Free       15.0013  ex 1903 00 00  Tapioca, other than tapioca prepared from potato starch  2 %         Preparations:   15.0015  0710 40 00  0711 90 30  2001 90 30  2004 90 10  2005 80 00  2008 99 85      corn  3 %       15.0017  1904 90 10      Of rice  3 %       15.0019  1904 90 90      Of other cereals  2 %      (*) The Taric codes are to be found on page 2 of this Annex.  (1) Entry under this CN code is subject to conditions laid down in the relevant Community provisions.  (a) Without prejudice to the levying of any additional duties applicable.   Taric codes       Order No  CN code  Taric code      15.0001  ex 0709 30 00  0709 30 00 * 10  15.0005  ex 0807 10 10  0807 10 10 * 10  15.0007  ex 1806 10 10  1806 10 10 * 11    1806 10 10 * 91   ex 1806 10 30  1806 10 30 * 10   ex 1806 10 90  1806 10 90 * 10   15.0011  ex 1901 90 90  1901 90 90 * 12    * 14    * 16    * 18  15.0013  ex 1903 00 00  1903 00 00 * 90