CELEX: 51993PC0488
Language: en
Date: 1993-10-12
Title: Proposal for a COUNCIL REGULATION (EEC) suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey (1994)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0MO3) 488 final
                                                  Brussels, 12 October 1993
                                Proposal for a
                          COUNCIL REGULATION (EEC)
    suspending wholly or in part the Common Customs Tariff duties on certain
                 agricultural products originating in Turkey (1994)
                      (presented by the Commission)
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1.   The additional Protocol and the Supplementary Protocol concluded by
     the Community with Turkey provide for certain partial or total
     suspensions of duty on agricultural products falling within Chapters
     1 - 24 of the Common Customs Tariff.
     In addition, the Council decided that, with effect from 1 January
     1974, Turkey should not be treated less favourably than those
    countries and territories which qualify for generalized tariff
    preferences.
2.  The purpose of this proposal for a Regulation is to implement that
    decision.    It extends to Turkey for 1994, on a unilateral basis, the
     total or partial suspensions of duties proposed by the Commission
    under the generalized tariff preferences scheme.    These suspensions
    are, however, confined to those products falling within Chapters 1-24
     in respect of which no provision is made for more favourable treatment
     in the agreements with Turkey.
3.  Attention is drawn to the fact that :
    -   the proposal for a Regulation is based on the Supplementary
        Protocol which entered into force on 1 March  1986^^;
    -   the enacting terms of the Regulation and the lists of products
        annexed to it are based on the proposals which the Commission has
        presented to the Council concerning generalized tariff preferences
        for agricultural products.
(1) OJ n' L 48, 26.2.1986, p. 36
 ---pagebreak---                                                                        Proposal
                                                         COUNCIL REGULATION (EEC) No
                                                                                             for
                                                                                                                    /93
                                                                                                                                                      3
                           s u s p e n d i n g w h o l l y or in part the C o m m o n C u s t o m s Tariff duties o n certain
                                                   agricultural p r o d u c t s o r i g i n a t i n g in Turkey (1994)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                    HAS ADOPTED THIS REGULATION
Having regard to the Treaty establishing the European
 Economic C o m m u n i t y , and in particular Article 113
                                                                                                                        Article 1
thereof,
                                                                                            I.       From 1 January to 31 December 1994 the customs
 Having regard to Council Regulation (EEC) N o 3033/80
                                                                                            duties on imports into the Member States of the products
of II November 1980 laying down the trade arrange-
                                                                                            originating in Turkey listed in the Annex shall be those
ments applicable to certain goods resulting from the
                                                                                            indicated for each of them in the said Annex.
processing of agricultural products ('), 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                                          2.       For the purposes of applying this Regulation, the
Article 4 of the Agreement establishing an Association                                      rules of origin shall be those in force at the time for the
between the European Economic C o m m u n i t y and                                         implementation of the Agreement establishing an Associ
Turkey (J) and under Article 9 of the Supplementary                                         ation between the European Economic C o m m u n i t y and
Protocol to the Association Agreement between the Euro-                                    Turkey.
pean Economic C o m m u n i t y and Turkey consequent on
the accession of new Member States to the C o m m u n i t y ('),                           T h e methods of administrative cooperation for ensuring
which was signed in Ankara on 30 J u n e 1973 and entered                                   that the products listed in the Annexe benefit from the
into force on l March 1986 (4) the C o m m u n i t y must                                   total or partial suspension shall be those laid down in
wholly or in part suspend the C o m m o n Customs Tariff                                    Association Council Decision N o 5/72 attached to Regu-
duties applicable to certain products ; whereas it also                                     lation (EEC) N o 428/73, as last amended by Decision
appears necessary, on a provisional basis, to adjust or                                     N o 1/83, attached to Regulation (EEC) No 993/83 0 .
supplement some of the advantages provided for in the
a h o v e n u n t i o n e d Annex f> , wheieas the C o m m u n i t y
should, therefore, with regard to the products originating
in Turkey contained in the list annexed to this Regula-                                                                 Article 2
tion, suspend until 31 December 1994 either the fixed
c o m p o n e n t of the charge applicable to the goods falling
within the scope of Regulation (EEC) N o 3033/80 or the                                     W h e n imports of products qualifying for the arrange-
customs duty applicable to the other products, at the                                       ments provided for in Article 1 c o m e into the C o m m u -
levels indicated for each of them ,                                                         nity in quantities or at prices which cause or threaten to
                                                                                            cause serious injury to the C o m m u n i t y producers of such
                                                                                            products or directly competitive products, the C o m m o n
                                                                                            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 C o m m u n i t y .
                                                                                                                        Article }
Whereas suspension of these duties shall be decided by
the Commission,                                                                             1.       In order to ensure the application of Article 2, the
                                                                                            Commission may decide by means of a Regulation to
(') OJ     No     1. M.i, 29. 11. 1980,        |>. I                                        re-establish C o m m o n Customs Tariff duties for a limited
(') OJ     No     217, 29. 12. 1964, p          1687/64.                                    period.
(') OJ     No     l. Î61, 31. 12. 1977,        p. 2.
(') OJ     No     I. 48, 26. 2 1986, p.          Î6
                                                                                          (S) OJ No I. 112, 28 4 198.5, p I
 ---pagebreak---                                                                                                               7
2.    Where the Commission has been requested by a             Referring the matter to the Council shall not have a
Member State to take action it shall take a decision within    suspensory effect. The Council shall meet without delay.
a maximum period of 10 working days from receipt of            It may by a qualified majority amend or annul the
the request and shall inform the Member States of the          measure taken.
action taken.
3.    Any Member State may refer the Commission's                                      Article 4
action to the Council, within 10 working days of its noti-
fication.                                                      This Regulation shall enter into force on 1 January 1994
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                          For the Council
                                                                           The President
 ---pagebreak---                                                                                       A AW/-. A'                                                                y
                List of p r o d u c t s f a l l i n g w i t h i n C h a p t e r 1 to 24 o r i g i n a t i n g in T u r k e y for w h i c h there are g r o u n d s
                                       for total o r partial s u s p e n s i o n of the C o m m o n C u s t o m s Tariff
     Order                                                                                                                                                         Rate of
                     CN code                                                                   Description
       No                                                                                                                                                          duty (')
                                              Vegetables, fresh or chilled :
    15.0001       ex 0709 30 00                - Aubergines, from                I 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 foi h u m a n c o n s u m p t i o n (')                                                    Free
                                              Melons (including watermelons) and papaws (papayas), fresh
    15.0005       ex 0807 10 10                     W a t e r m e l o n s , from   1 November to 31 March                                                          6,5 %
                                              Chocolate and other food preparations containing cocoa :
    1 5.0007      ex 1806 10 10                — Cocoa powder, not otherwise sweetened than by the addition of sucrose                                              3%
                  ex 1806 10 30
                  ex 1806 10 90
    1 5.0009          1806  20   10           Chocolate and chocolate goods, whether or not filled, sugar confectionery and                                         9 %
                      1806  20   30           substitutes therefore made from sugar substitution products, containing cocoa
                      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
    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             -     - corn                                                                                                         3%
                     0711   90  30
                      2001  90  30
                      2004  90  10
                      2005  80  00
                      2008  99  85
    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.
(') Entry under this CN code is subject to conditions laid down in the relevant Community provisions
(*) Without prejudice to th€ levying of any additional duties applicable.
 ---pagebreak---                                          t.
            Tarie codes
 Order
           C N rode       Tarie code
  No
15.0001 ex 0709 30 00   0709 30 0 0 ' 10
150005  ex 0807 10 10   080710 10' 10
15.0007 ex 1806 10 10   1806 10 10' 11
                        1806 10 10 " 91
        ex 1806 10 30   1806 10 3 0 ' 10
        ex 1806 10 90   1806 10 9 0 ' 10
15 0011 ex 1901 90 90   1901 90 90* 12
                                    ' 14
                                    ' 16
                                    ' 18
15.0013 ex 1903 00 00   1903 00 00*90
 ---pagebreak---          FINANCIAL RECORD                                                       *
          1.  Budget  line concerned : Chap. 12 Art. 120
         2.   Legal basis : Art. 113 of the Treaty
         3.   Title of the tariff measure concerned : Proposal for a Council
              regulation suspending wholly or partially the Common Customs Tariff
              duties on a number of agricultural products originating in Turkey
              (1994)
         4
           -  Object ive : Fulfilment of contractual obligations
1 j^ftv
   iaf.^ 5.   Method of calculat ion
              CCT heading: various
              Volume under suspension: unlimited
              Duty to be applied: zero or partial duty
              Normal CCT duty : various:
         6.   Duty-loss : Due to the uncertainty of the volume of exports from
              Turkey, it is not possible to give an exact figure for the duty-loss
              for 1994.
         There is no additional duty-loss.
 ---pagebreak---                                                                               s
                                                                      BSN 0254-1475
                                                               COM (93) 488 final
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-93-522-EN-C
                                                             ISBN 92-77-59734-8
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