CELEX: 51981PC0443
Language: en
Date: 1981-09-09
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 not, falling within subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 443
Vol. 1981/0138
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)443        final
                                                Brussels , 9 September 1981
                               Proposal for a
                         COUNCIL REGULAIION ( EEC )
       opening , allocating and providing for the administration
          of a Community tariff quota for fresh or dried hazel­
            nuts , shelled or not , falling within subheading
               ex 08.05 G of the Common Customs Tariff and
                       originating in Turkey ( 1982 )
              ( submitted to the Council by the Commission )
                                                    ^         *<v   a
                                         h–-.;  -ï'        A.     [- ° !
                                         ^                ^ /^/
                                          XV .•
COM ( 81 ) 443 final         •
 ---pagebreak---                           EXPLANATORY MEMORANDUM
Council Regulation ( EEC ) N° 562 / 81 of 20 January 1981 on the
reduction of customs duties on imports into the Community of
certain agricultural products originating in Turkey ( 1 ) provides
for the opening for fresh or dried hazelnuts , shelled or other­
wise, falling within subheading ex 08.05 G of the Common Customs
Tariff , of an annual Community duty-free tariff quota of 25,000
tonnes .                   ''
The aim - of this proposal is to open the quota concerned for the
period from 1 January to 31 December      1982 .
The tariff quota concerned may be modified in the light of current
negotiations, with the contracting country for the conclusion of
an Adaptation Protocol to the abovement ioned Agreement .   Pending
the outcome , the proposed Regulation enables the engagements
contracted by the Community to be respected .
The Commission therefore reserves the right to modify the proposal
in the course of the proceedings in order to adapt it , as necessary ,
to the Adaptation Protocol .
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 future imports into Member
 States , specifically originating in or comingfrom Turkey .   This
 information has been obtained by all Member States for the year
 1978 to 1980i The percentage of allocation contained in this
 proposal for a regulation corresponds to the criteria normally
 applied in this field, that is , imports over the last three years
 and the forecasts for 1982 .                           *
 As regards administration of this quota , it is proposed that these
 should be an . initial allocation among Member States of a large
part of the quota , the balance representing a reserve to which ■'•he
surplus from shares which exceed Member States' needs will be
returned and from which those States still in need may draw
additional shares .
( 1 ) 0J N® L 65 of 11.3.1981 , p.1 .
 ---pagebreak---                                               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 not, falling within subheading ex 08.05 G of the
                               Common Customs Tariff and originating in Turkey ( 1 982 ).
 THE COUNCIL OFTHE EUROPEAN
 COMMUNITIES,
 Having regard to the Treaty establishing the Euro­           Turkey ) -whereas this Regulation therefore
 pean Economic Community, and in particular                  applies to the Community of Nine ;
 Article 1 13 thereof,
                                                              Whereas it is in particular necessary to ensure for all
 Having regard to the proposal from the Commis­              Community importers equal and uninterrupted
 sion,                                                       access to the abovementioned quota and uninter­
Whereas the Annex to Council Regulation                      rupted application of the rate laid down for that
 ( EEC ) No 562 / 81 of 20 January 1981                      quota to all imports of the products concerned into
on the reduction of customs duties                           all Member States until the quota has been used up ;
                                                             whereas, having regard to the above principles, the
on imports into the Community of                             Community nature of the quota can be respected by
certain agricultural products origin­                        allocating the Community tariff quota among the
ating in Turkey ( 1 ) provides that                           Member States ; whereas, in order to reflect as accur­
 fresh or dried hazelnuts , shelled or                       ately as possible-the true trend of the market in the
not , falling within subheading ex 08.05                     products in question, such allocation should be in
G of the Common Customs Tariff and                           proportion to the requirements of the Member
                                                             States, calculated by reference to the statistics for
originating in Turkey are admitted on                        imports from Turkey over a representative reference
 importation into the Community at                           period and also to the economic outlook for the
 zero duty , within the limit of a                           quota period in question ;
 Community tariff quota of 25 000
 tonnes ; whereas- the Community tariff                      Whereas, on the basis of the statistics at present
 quota concerned should therefore                            available, imports into the Member States in 1978
 be opened for 1982 ;                                       1 979 and 1 9 8 Oof the product concerned, originating
Whereas, in accordance with Article 1 19 of the 1979         in Turkey, have developed1 as follows and represent
Act of Accession, the Community adopted Council              the following percentages of total imports into the
Regulation (EEC) No 3555/80 of 16 December 1980              Community :
determining the arrangements to be applied with
regard to imports into Greece originating in Algeria,
Israel, Malta, Morocco, Portugal, Syria, Tunisia or
                 -
                                                  1978                   1979                   1980
                                          Tonnes            %      • Tonnes         %     Tonnes         %
            Benelux                       6 102           8.12       4  550      6.21     5  106       7.45
            Denmark                       1 277     '     1.70       1  305      1.78     1  202.8      1.75
            Germany .                    50 096         66.66      49   306    67.36 44      844      65.40
            France                        9 706          12.91     10   657    14.56 9       230      13.46
            Iceland                          132          0.18        . 11%      0.16         40       0.06
            Italy                         2 436           3.24 ;     2 067       2.82     3  808.3     5.55
            United Kingdom                5 405           7.19       5 204       7.11     4  337       6.33
                                         75 154                    73 203               68 568.1
   ( 1 ) 0J No L 65 of 11.3.1981 , p.1 .
   ( 2 ) 0J No L 382 , -31.12.1980 , p.1 .
 ---pagebreak---                                                      -2-
whereas, taking into account these figures and the       of Luxembourg are united virhin ? nd jointly repre­
foreseeable development of the product concerned         sented by the Benelux Economic 'Jnion, -;ny opera­
during 1 982and, in particular, the forecasts made by    tion relating to the Edminir : " tio'- ~>f the quota
some Member States, the initial shares may be fixed      shares allocated t _> '. at Economi* Union may be
approximately at the following percentages :             carried out by any of it? membc s.
        Benelux'                           7.38
        Denmark                            1.79          HAS ADOPTED THIS REGULATION :
        Germany                           63.42
        France                   \  (     13.52
        Ireland                         • 0.23
        Italy                              3.93
                                           9.73                                   Article 1
        United Kingdom
                                                          1.   During the period 1 January to 31 December
Whereas, in order to take into account import trends      1982 a Community tariff quota of 25 000 tonnes
for the product concerned in the various Member          shall be opened in the Community of Nine for fresh
States, the quota 'amount should be divided into two     or dried hazelnuts, shelled or not, falling within
instalments, the first being shared, among the            subheading ex 08.05 G of the Common Customs
Member States and the second constituting a reserve      Tariff and originating in Turkey.
to cover at a later date the requirements of those
Member States which have used up their initial
quota share ; whereas, in order to give importers in      2. Within this tariff quota, the Common Customs
each Member State a certain degree of security, the       Tariff duty shall be totally suspended .
first instalment of the Community quota might
under the circumstances be Fixed at 80% of the
quota volume ;                                           3.    Imports of the product in question benefiting
                                                         from the same or lower customs duties under other
                                                         preferential arrangements shall not be charged
Whereas the Member States' initial shares may be         against this tariff quota.          , ,
used up at different times ; whereas, in order to take >
this fact into account and avoid anybreak in contin­
                                                         4.    This tariff quota shall be allocated and admini­
uity, any Member State which has almost used up
its initial quota share, should draw an additional       stered in accordance with the following provisions.
share from the reserve ; whereas this must be done'
by each Member State as and when each of its addi­
tional shares is almost used up, and repeated asL
many times as the reserve allows ; whereas the initial                      , "   Article 2
and additional shares must be valid until the end of                     *
 the quota period; whereas this method of admini­
 stration requires close cooperation • between the        1 . The tariff que a referred to in Article 1 ( 1 ) shall
 Member States and the Commission, and the latter        be divided into two instalments.
must be in a position to monitor the extent to which
the quota volume has been used up and to inform          2. The . first instalment, amounting to 20 000
the Member States thereof;
                                                         tonnes, shall be shared amongst the Member States ;
                                                         the shares which, subject to Article 5, shall be valid
                                                         until 31 December ! 98 2 shall be as follows :
Whereas if, at a given date in the quota period, a
substantial quantity remains unused, it is essential
that that Member State should return a significant              Benelux                            476 tonnes
proportion to the reserve to prevent a part of any              Denmark                            358 tonnes
tariff quota from remaining unused in one Member               Germany                        i ?. 684 tonnes
State when it could be used in others ; whereas,,             . France                          2 704 tonnes
taking into account the seasonal nature of imports,             Ireland                              46 tonnes
it seems appropriate to fix the transfer limit at 40%           Italy                              7g6 tonnes
of the initial share ;                                          United Kinr ioni                   9    t;nnes
Whereas, since the Kingdom of Belgium, the               3. The se jnd instalment, amounting to 5 000
Kingdom of the Netherlands and the Grand Duchy           tonnes, shan conr'itute the reserve.
 ---pagebreak---                                                         -3-
                          Article 3                           15 September1982,and charged against the tariff
                                                             quotas and of any quantity of the initial shares
 1.   If 90% or more of any Member State's initial           returned to the reserve .
 share as specified in Articled ( 2 ), or 90% of that
 share minus the portion returned to the reserve
 where Article 5 has been applied, has been used up,
 then, to the extent permitted by the amount of the                                   Article 6
 reserve, that Member State shall forthwith, by noti­
 fying the Commission, draw a second share equal to          The Commission shall keep an account of the shares
 15% of its initial share, rounded up where neces­
 sary to the next unit .                                     opened by the Member States pursuant to Articles 2
                                                             and 3 ard , as soon as it is notified, inform each
                                                             State of the extent to which the reserves have been
                                                             used up .
 2. If, after its initial share has betr used up, 90 %
 or more of the second share drewn by a Member
 State has been used up, then, to ihe extent permitted       It shall inform the Member States, not later than
 by the amount of the reserve, that Member State
                                                             5 October 198 2 of the amount in each reserve after
 snail , in accordance with the conditions laid down
 in paragraph !, draw a third share equal lo 7*5 % of
                                                             quantities hr.ve been returned thereto pursuant to
                                                             Article 5 .
 its iritial share.
 3 . If, after      second share has been used up, 90 %      I*, shall ensure that the drawing which exhausts any
                                                            reserve does not exceed the balance available and,
 or more of t t third share drawn up by a Member
                                                            to this end, notify the amount of that balance to' the
 State has been used up, that Merrber Sfate shall, in
                                                             Member State making the last drawing.
 accordance with the conditions laid down in para­
 graph I , draw a fourth share equal the third.
 This process shall continue until < bs reserve is used
 up .                                                                                 Article 7
                                                              1.   The Member States shall take all measures
 4.   By way of derogation from polygraphs I , 2 and         necessary to ensure that additional shares drawn
3, a Member State may draw snares smaller than               pursuant to Article 3 are opened in such a way that
those fixer in those paragraphs if iere is reason to         in? ports may be charged without interruption against
believe that 'hey might not be used up. It shall             their accumulated shares of the tariff quota.
inform the Commission of its ir.esons for applying
this paragraph.
                                                            2.    The Member States shall ensure that importers
                                                            of the products in question established in their terri-
                                                            tOiy have free access to the shares allocated to them .
                          Article 4
The additional shares drawn pursuant to Article 3           3 . The Member States shall charge the imports of
sha'l be valid until 31 December ' 982 .                    the products concerned against their shares as and
                                                            when the products are entered with customs authori­
                                                            ties for free circulation .
                          Articles
                                                            4.    The extent to which a Member State has used
The Member States shall return to the reserve, not          up its shares shall be determined on the basis of the
'ater than 1 October 1982 such unused portion of            imports charged under the conditions set in para­
their initial shares as, on 15 September 1982 is in         graph 3 .
excess of 40 % of the initial volume. They may
return a larger quantity if there are grounds for
believing that this quantity may not be used.
                                                                                     A rticle 8
                                                                                                               <
The Member States shall notify the Commission,              At the Commission s request, tne Member States
not later than 1 October 1982 of the total quantities       shall inform it of importr actually charged against
of the products in question imported up to                  their shares .
 ---pagebreak---                                              -A-
                     Article 9                                                   Article 10
The Member States and the Commission , shall co-            This Regulation shall enter into force on
operate closely to ensure that this Regulation ^           .1 January       1982 .
complied with.
           This Regulation shall be binding in its' entirety and directly applicable in all Member
           States.             ,                                                                   ,
           Done at Brussels,
                   /
                                                                         For (he Council
                                                                          The President