CELEX: 51987PC0630
Language: en
Date: 1987-12-08
Title: Proposal for COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or not, falling within No 0802.21-00 or 0802.22-00 of the Combined Nomenclature and originating in Turkey (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 630
Vol. 1987/0299
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(87 > 630 final
                                                     Brussels , 8 December 1987
                                             I
                                               »
                                      Proposal for
                                COUNCIL REGULATION ( EEC )
          opening , allocating and providing for the administration of a
     Community tariff quota for fresh or dried hazelnuts , shelled or not ,
 falling within No 0802.21-00 or 0802.22-00 of the Combined Nomenclature and
                             originating in Turkey ( 1988 )
                            ( submitted by the Commission )
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 C0M(87 ) 630 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . Council Regulation ( EEC ) No 3721 / 84 of 18 December 1984 on imports into the
    Community of agricultural products originating in Turkey^ provides for the
    opening of an annual Community tariff quota of 25 000 tonnes at zero duty
    for fresh or dried hazelnuts ,     shelled or not ,   falling within subheading
    ex 08.05 G of the Common Customs Tariff or No 0802.21-00 or 0802.22-00 of
    the Combined Nomenclature .
2 . The purpose of this proposal is to open the quota for the period 1 January
    to  31 December 1988 .
3 . The said quota may still be modified in the light of the outcome of current
    negotiations with Turkey for the conclusion of Protocols of adaptation to
    the association Agreement consequent on the accession of Greece ,      Spain and
    Portugal . Pending the outcome of these , the proposed Regulation enables the
    commitments contracted by the Community to be met .
    The Commission therefore reserves the right to amend its proposal in the
    course of the procedure to adapt it ,     where necessary ,  to these Adaptation
    Protocols .
    Moreover ,  the Commission is aware that the transposition of certain tariff
    concessions from the Common Customs Tariff to the Combined Nomenclature
    might raise problems which would need to be settled between the parties
    concerned .    It may therefore amend its proposal in the course of the
    procedure in order to adapt it , where necessary , to requirements .
1 0J No L 343, 31.12.1984,   p.6
 ---pagebreak--- 4 . It  should    be  noted   that   the   economic   data    on  the    basis   of    which   the
    proposed     allocation   will    be   determined     should   be    based    on    past   and
    estimated future imports into Member States specifically originating in or
    coming from Turkey .     Such data have been obtained from the Member States of
    the Community of Nine for the years 1984 to 1986 . The following table shows
    these data in tonnes and percentages :
    I                              I        1984       I       1985         I        1986         I
    I  Member State                I                   I                    I
    I                              I Tonnes        %   I Tonnes        %    I Tonnes         %    I
    I                              I                   I                    I
    I  Benelux                     I 6   816      8.36 I   5 266     7.10 I 6 202          8.24 !
    I  Denmark                     I     997      1.23 I     792      1.07 I      872      1.16 I
    i  Germany                     I 53  830     66.06 1 47  225    63.65 1   49  716     66.08 I
    I  France                      I 9   013     11.06 I  9  416    12.69 I    9  169     12.19 I
    I  I re land                   I      22      0.03 I      28     0.03 !I         0         o I
    I  Italy                       I 2   904      3.56 I  5  206     7.02 I    3  179      4.23 I
    I  United Kingdom              I 7   901      9.70 I  6  264     8.44 I    6  098      8.10 I
    I                              I                   I                    I
    I                       Total 1 81 483             I 74  197            I 75  236
    I                              I                   I                    I
    The data ,    being the only material currently available ,               give rise to an
    allocation of      the tariff     quota among     the Member       States    based    on   the
    following percentages :
    Benelux               7.92%
    Denmark               1.15%
    Germany              65.29%
    France               11.95%
    Ireland               0.02%
    Italy                 4.89%
    United Kingdom        8.78%
 ---pagebreak---                                        -4-
5 . As regards the administration of this quota ,        it is proposed that there
    should be an intial allocation among Member States of a large part of the
    quota , with the balance being held as        reserve into which the surplus of
                                              I
    shares which exceed Member States' needs are to be returned and from which
    those States with additional requirements may draw additional shares .
                                                1
6 . 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 " system .  Similarly ,    to allow for the seasonal
    nature of the imports concerned ,   the proposed threshold for returns to the
    reserve is 40% of the initial share .
 ---pagebreak---                                     Proposai for
                             COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community tariff
quota for fresh or dried hazelnuts ,        shelled or not ,   falling within No
0802.21-00 or    0802.22-00 of    the Combined   Nomenclature and originating in
Turkey ( 1988 )
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 the proposal from the Commission ,
Whereas the Annex to Council Regulation ( EEC ) No 3721 / 84 of 18 December 1984
                                                                                1
on imports into the Community of agricultural products originating in Turkey
provides that fresh or dried hazelnuts ,        shelled or not ,   falling within
subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey
shall be admitted on importation into the Community at zero duty within the
limits of a Community tariff quota of 25 000 tonnes ;       whereas the Community
tariff quota concerned should therefore be opened for 1988 ;
1
  0J No L 343 , 31.12.1984 , p. 6
 ---pagebreak---                                            ■c
                                     - 1 cont 'd -
Whereas , in accordance with Article 119 of the Act of Accession of Greece , the
Council adopted Regulation ( EEC ) No 3555 / 80 determining the arrangements to be
                                               I
applied with regard to imports into Greece originating in Algeria ,          Israel ,
Malta, Morocco, Portugal, Syria, Tunisia or Turkey;^ whereas, the Council has
also adopted Regulation ( EEC ) No 2573/ 87 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;^ whereas the tariff quota in
question applies therefore to the Community of Nine ;
Whereas the Community has adopted , with effect from 1 January 1988 , a Combined
Nomenclature for goods which meets the requirements of the Common Customs
Tariff and the Nomenclature of Goods for the External Trade Statistics of the
Community and Statistics of Trade between Member States ;        whereas in order to
accommodate specific Community measures this Nomenclature has been expanded
into an integrated tariff of the European Communities ( TARIC );       whereas , from
the date given above ,     the Combined Nomenclature and ,   where appropriate ,  the
TARIC code numbers should therefore be used for            the description of     the
products covered by this Regulation ;
Whereas equal and continuous access to the quota should be ensured for all
importers of the Member States and the rate laid down for the quota should be
applied consistently to all imports of the products in question into the said
Member States until the quota is exhausted ;       whereas ,   in the light of these
principles ,     allocation of the tariff quota among the Member States would seem
to preserve the Community nature of the quota ;     whereas in order to correspond
^0J0J NoNo 382, 31.12.1980, p. 1
           L 250, 1.9.1987, p . 1
 ---pagebreak---                                        V
                                - 1 cont 1 d -
as closely as possible to the real trend of the market for the products in
question the allocation should reflect the requirements of the Member States
 ---pagebreak--- based on statistics of imports of the said products from Turkey during a
representative reference period and on the economic outlook for the quota
period in question ;
Whereas ,  on the basis of the currently available statistical data , imports of
the product in question from Turkey into the Member States have developed as
follows over the years 1984 ,      1985 and 1986;     whereas they represent the
following percentages of total imports into the Community from Turkey :
I                          I      1984       I      1985       I      1986
I  Member State            I                 I                 I
I                          I Tonnes      %   I Tonnes      %   I Tonnes      %
I                          I                 I                 I
I  Benelux                 I 6  816     8.36 I 5  266     7.10 I 6  202     8.24
I  Denmark                 I    997     1.23 I    792     1.07 I    872     1.16
I  Germany                 ¡53  830    66.06 ¡47  225    63.65 ¡49  716    66.08
I  France                  I 9  013    11.06 i 9  416    12.69 ί 9  169    12.19
I  Ireland                 I     22     0.03 I     28     0.03 I      0        0
I  Italy                   I 2  904     3.56 I 5  206     7.02 I 3  179     4.23
I  United Kingdom          I 7  901     9.70 i 6  264     8.44 ί 6  098     8.10
I                          I                 I                 I
I                    Total 1 81 483          ¡74  197          ¡75  236
I                          I                 I                 I
Whereas ,   in view of these factors and of market forecasts for the product
concerned for 1988 and ,   in particular ,     the estimates submitted by certain
Member States ,   initial percentage shares can be expressed approximately as
follows :
Benelux            7.92%
Denmark            1.15%
Germany           65.29%
France            11.95%
Ireland            0.02%
Italy              4.89%
United Kingdom     8.78%
 ---pagebreak---                                             I
                                    - 2 cont 'd -
Whereas ,  to allow for the trend of imports of the product concerned in the
various Member States ,    the quota volume should be divided into two parts , the
first being allocated among the Member States and the second held as a reserve
to cover any subsequent requirements of Member States which have used up their
initial shares ;   whereas , to afford importers in each Member State some degree
of certainty ,     the first part of the tariff quota should be set at a
relatively high level ,    which in this case could be approximately 67% of the
quota volume ;
Whereas the initial shares of the Member States may be used up at different
rates ;   whereas , in order to avoid any break in the continuity of supplies on
this account ,   it should be provided that any Member State which has almost
used up its initial share should draw an additional share from the reserve ;
whereas each time its additional share is almost used up a Member State should
draw a further share and so on as many times as the reserve allows ;      whereas
the  initial   and   additional  shares  must   be valid  until  the  end  of  the
 ---pagebreak---                                        Ч *-
quota period;    whereas this form of administration requires close cooperation
between the Member States and the Commission and the latter must be able to
monitor the extent to which the quota volume has been used up and inform the
Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of a
Member State 's initial share remains unused/    it is essential that the Member
State concerned should return a significant proportion thereof to the reserve
in order to prevent part of the Community tariff quotas from remaining unused
in one Member State when it could be used in others ;     whereas in view of the
seasonal nature of the imports /   it seems appropriate to set the threshold for
such returns to the reserve at 40% of the initial share ;
Whereas since the Kingdom of Belgium /    the Kingdom of the Netherlands and the
Grand Duchy of Luxembourg are united within and jointly represented by the
Benelux Economic Union/     any operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members /
HAS ADOPTED THIS REGULATION :
                                     Article 1
1.  From 1 January to 31 December 1988 the customs duty applicable to imports
    into the Community of the following products shall b6 suspended at the
    level indicated and within the limits of a Community tariff quota as shown
    below :
 ---pagebreak---                                        IV
                                  - 3 cont 'd -
I Serial I    Combined I           Description          | Amount of | Rate of |
I   No    I Nomenclature I                              I tari ff quotalduty ( % ) j
I         I      No      I                              I ( tonnes ) |             |
I         I              I                              III
109.0201 I 0802.21-00 I Fresh or dried hazelnuts ,      |              |            |
I         I 0802.22-00 Ishelled or not , originating in |              |            |
I         I              I Turkey                       |    25 000 |       0 |
I         I              I                              III
2.  Imports of the product in question may not be charged against this tariff
    quota if they are already qualify for the same customs duties under other
    preferential tariff arrangements .
3.  This tariff quota shall be allocated and administered in accordance with
    the following provisions .
                                    Article 2
1.  The tariff quota referred to in Article 1(1 ) shall be divided into two
    parts .
 ---pagebreak---                                       -\ 8J-
2. The first part ,  amounting to 16 750 tonnes ,  shall be allocated among the
   Member States ; the quota shares , which subject to Article 5 shall be valid
   until 31 December 1988, shall be as follows :
                         ( tonnes )
   Benelux                  1 327
   Denmark                    193
   Germany                 10 936
   France                   2 002
   Ireland                      3
   Italy                      819
   United Kingdom           1 471
3. The second part of the quota ,   amounting to 8 250 tonnes , shall constitute
   the reserve .
                                    Article 3
1. If a Member State has used 90% or more of its initial share as specified
   in Article 2(2 ),    or of that share less any portion returned to the
   reserve pursuant to Article 5 ,      it shall forthwith ,   by notifying the
   Commission and to the extent that the reserve so permits ,      draw a second
                  »
   share equal to 10% of its initial share , rounded up where necessary to the
   next whole number .
2. If ,  after its initial quota share has been used up ,    a Member State has
   used 90% or more of its second share as well ,    it shall forthwith ,  using
   the procedure provided for in paragraph 1 , draw a third share equal to 5%
   of the initial share .
 ---pagebreak---                                   - 4 cont 'd -
3.  If ,  after  its second share has been used up , a Member State has used 90%
    or more of its third share ,  it shall , using the procedure provided for in
    paragraph 1 , draw a fourth share equal to the third .
    This process shall continue until the reserve is used up .
4.  By way of derogation from paragraphs 1 ,    2 and 3,   Member States may draw
    smaller shares than those specified in the said paragraphs if there is
     reason to believe that they might not be used in full .        Member States
    shall inform the Commission of their reasons for applying this paragraph .
                                    Article 4
Additional shares drawn pursuant to Article 3 shall be valid until 31 December
1988 .
                                    Article 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which ,      on 15 September 1988 ,   is in
excess of 40% of the initial volume .      They may return a greater portion if
there is reason to believe that it might not be used .
 ---pagebreak--- By 1 October 1988 at the latest Member States must notify the Commission of
the total quantities of the products concerned imported on or before 15
September 1988 and charged against the Community quota and of any portion of
their initial share that they are returning to the reserve .
                                    Article 6
The Commission shall     keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the extent
to which the reserve has been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state
of the reserve following any return of quota shares pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve does not exceed
the balance available , and to this end shall notify the amount of that balance
to the Member State making the final drawing .
                                    Article 7
1.  Member  States   shall   take  all  appropriate  measures  to  ensure   that
    additional drawings of shares pursuant to Article 3 enable imports to be
    charged without    interruption against   their accumulated   share of the
    Community tariff quota .
2.  Member States shall ensure that importers of the products concerned have
    free access to the quota shares allocated to them or which they have drawn
    from the reserve .
 ---pagebreak---                                      5 cont ' d -
3.  Member States shall charge imports of the products concerned against their
    shares as and when the goods are entered with the customs authorities for
    free circulation .
4.  The extent     to which a Member   State has used up     its shares shall be
    determined    on  the  basis of   the   imports  charged  in accordance  with
    paragraph 3 .
                                    Article 8
At the request of the Commission ,      Member States shall inform it of imports
actually charged against their quota shares .
                                     Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                    Article 10
This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak---                                    -\6 -
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                         For the Council
                                         The President
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Corrmunauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Oonmunautê .