CELEX: 51978PC0427
Language: en
Date: 1978-09-08
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 (1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 427
Vol. 1978/0163
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
 t
                                              COM(78)427 final
                                              Brussels , 8 September 1978
                              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 ( 1979 )
               (submitted to the Council by the Commission)
C0M(7Q) 427 final
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
                                                              r
                                                                                     ι
          1.   Article 5      of Council Regulation ( EEC ) N° 1180/ 77 of 17.5.1977
                concerning the importation into the Community of certain agricultural
                                               (1)
               products originating in Turkey      provides for the opening for fresh
               or dried hazelnuts , shelled or otherwise , falling within subheading
               ex 08.05 G of the Common Customs Tariff , of an annual Community tariff
               quota of 25.000 tonnes 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 futur imports into Member States , specifically
              originating in or coming from Turkey . This information has been obtained
              by all Member States for the year 1975 to 1977 . The percentage allocation
               contained in this proposal for a regulation is in fact identical to that
              used for 1978 , because it corresponds to the criteria normally applied
              in this field .
         3.   As regards administration of this quota , it is proposed that there
              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 af 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                  ;     •–" *
                                                                                                                                           I
                                                CQUNCIL REGULATION (EEC) No                                 '78
                                                                  of
                      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 (1979)
         THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                      Whereas it is in particular necessary to ensure to all
                                                                                       importers of the Member States equal and uninter-
         ...              jut          .         uv il-         „l .                   rupted access to the said quota and uninterrupted
         Having regard^ to the Treaty establishing the Eu o-
        pean Econom.c Commun.ty, and in parncular
                                                                                          P,ication of the rate laid down {ot that quota t0 a]1
                                                                                       j^rts of the products concerned into all Member
           rtjee 11.5 tnereOT ,                                                        States until the quota has been used up; whereas
                        '                                                   ,          having regard to the above principles, the Corn-
         Having regard to the proposal from the Commission,                            munity nature of the quota can be respected by allp-
                                                     '                                 eating the Community tariff quota among the Mem­
                                                                                       ber States ; whereas, to reflect most accurately the ac-
    ~                                                                                  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 f)> fresh or dried hazel-                                                                            •
         nuts, shelled or otherwise, falling within subheading                                                                  1
         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 19 75
         Community at a duty of 2*5 ®/o, within the limit of a                       1976 and 1977of 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-                            thfe following percentages of total imports into the
         fore be opened for 1978 ;                                                     Community:                       ,
                                                                     1975                        1976                      1977
                                Member Stttci    .
                                                                                1
                                   /
                                                   ■    -I| ' ' tonne» |I ' %           I| tonne» | %            | i tonne» | ■ %
                       Germany                              5 154        65.-47 ^3 , 936               64-15 54 568 . 63 > 97
                       Bénélux                              5 284         9-84 1           5 662        8-27         6 618            7-76
                       France                               6 084        11 -. 33          9 543       13 , * 93 10 903              12*78
                       Italy                                1 653-3       3.* 08           2 065        3*02 « 5 . 470              , 6-41 .
                       Denmark                                    899     1./ 67           1 161        1 '70        1 274        '■ 1 -' 49
                       Ireland                                      30    0-06                                            147      ■■ o -i r
                                                                                               140      0.-20
                       United Kirtgdom                      4. 590 ]      8-55             5 . 978      8-73         6 320            l' Ai
                                                        C
                                                            3 , 694;: >        ^          68 485                   85 300
                                                                                                                              j
      < 1 ) OJ No L 142, 9. 6. 1977, p. 10.
                                           '  '                                   * ?■               ^
 ---pagebreak---                                                           - 2 -
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 19 79 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 •/•
          Bénélux                       10-14 Vo
         France                          8-20 #/o            HAS ADOPTED THIS REGULATION:
          Italy           /
                                         0-25 °/o
                                                                                       Article Î
         Denniark                        2-67 %>
                                                                                  i           1 . ,        /
          Ireland                        1-66%                1 . . During the period 1 January to 31 December
          United Kingdom                11-15 ®/o;           1979a 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 %>.
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 °/o of the quota volume:
                                                               1.    The tariff quota referred to in Article 1 ( 1) shall
                                                               be divided into two instalments.                    '
                                                                                                                 τ
 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 19 79 ^hall be as follows :
 the reserve; whereas this must be done as and when                                                   13 186 tonnes ,
 each of its additional shares in the quota is almost                   Germany
entirely used up, and repeated as often as the reserve                  Bénélux                        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
  up and inform the Member States thereof;                              Ireland                          332 tonnes,
                                                                        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          i                                         ■           >
  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 /o of the initial share;                     that share less the amount returned into the reserve,
 ---pagebreak--- where Article 5 has been applied – has been ex-             where appropriate, the proportion of. their initial
haustcd, 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                               Article 6
the amount in the reserve allows.
                                                            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 1 979
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        The Commission shall ensure that any drawing
to the third .                                              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      the final drawing.
hausted.
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 1979 .
                                                            3. ■ The Member States shall charge imports of the
                                                             said goods against their shares as and when tlje
                            Article S
                                                            goods ate 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 19 7? the unused portion of their ini­        up its share shall be determined on the basis of the
tial shares which, oil 1J September1979, is in excess        imports charged in accordance with paragraph 3.
of 40 % of the initial amount. They may return a
greater portion if there arc grounds for believing that
such portion may not be used in full.
                                                                                      Article 8
The Member States shall, not later than 1 October
197? 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 1979nclusive and,           in question actually charged against its shares.
 ---pagebreak--- ... ...   ;                                *                                                 ^
                        Article 9            Y                                    Article 10
                                                          1
 Ihc 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.                                  1979 .         '
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                     ,                           For the Council
                                                                                  The President
 ---pagebreak---                                                      Date
FINANCIAL     v 7A T EM E M T                     i
 1 . budget line concerned : Ch . 12 Art „ 120
2 . Leqal basis : Art . 113
3 . Title of the tariff measure ; Proposal for a regulation ( EEC ) of the
     Council opening , allocating and providing for the administration o .
     a Community tariff quota for fresh or dried hazelnuts , shelled or
     otherwise , falling within subheading ex 08*05 6 of -the Common
     Customs Tariff,' originating in Turkey ( 1979 )
     Objectives S Respect of obligations contracted in relation to Tu .,l;« y ,
5 . Method of calculation s
     - No of CCT              ex 08.05 G
     œ Quota volume           25,000 tonnes
     ~ Quota duty rate        2.5%
     - Duty rate CCT          4%
6 B Loss of reoelpts %         510^.000 EUA
                                               1