CELEX: 51976PC0352
Language: en
Date: 1976-07-12
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and 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 and originating in Turkey (1977) (submitted to Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 352
Vol. 1976/0105
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 ---pagebreak---   COMMISSION ) OF THE EUROPEAN COMMUNITIES
                                                           COM(76)352 Final
                                                           Brussels,12 th. July 1976
                                   PROPOSAL FOR A
                                                             I
                          REGULATION (EEC) OF THE COUNCIL            ^
                on the opening , allocation and 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 and originating in Turkey
                                     ; - (1977)
              ( submitted to Council by the Commission)
  COM (76 ) 352 Final
           i
 ---pagebreak---                                           EXPLANATORY ME)'!ORANDUM
 1*        _ cicle 4 of Council Regulation (EEC ) No 3375/ 73 of 10 December 1973
          on the importation into the Community of certain agricultural produots
          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
          21 700 metrio tons at a duty rate of 2.5 $
2.        It is not at present possible to know whether the tariff measure laid
          down by this regulation in favour of Turkey will be agreed, for the year
          1976, on the basis of the Supplementary Protocol concluded arising from
          the accession of new Member States or whether the validity of the interim
          agreement will be extended .
          The proposal for a regulation annexed hereto is based on the Supplementary
          Protoool and would have to be modified if this did not come into force on
          1 January 1976 .
3*        As regards the new Member States ,
          the result of Article 9 is that the reduction to be applied by the new
          Member States within the tariff quota in question must be limited to the
          reduction granted by such States with reference to the Community as
          originally constituted .
4.        It should be noted that the economic information on the basis of
          of whioh the proposed allocation will be drawn up should be based,
          in particular, on past and future imports into Member States,
          speoifioally originating in or ooming from Turkey.       This
          information has been obtained by all Member States for 1971 to 1973*
          The allocation contained in this proposal for a Regulation is in fact
         identical to that used for 1975 , because it corresponds to the criteria
         normally applied in this field .
        The Member States' experts who participated in the consultative meeting
         of the "Economic Tariff Problems " Group (27 / 28 April 1976 ) expressed agree­
        ment in principle to the scheme for allocation of shares proposed by the
        Commission
5»      Ab 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 balanoe representing part of the reserve
 1
   OJ No L 345* 15 Deoember .1973» p» 1 «
 ---pagebreak---                             - 2 -
containing returned shares which exoeeded Member States * needs and
from which those States still in need mar draw additional shares .
                                                   \
As in the past , the proposal for a Regulation annexed hereto
provides that when the uniform method of administration to be
applied by all Member States should be the "as and when" method.
However, to take aooount of the seasonal nature of the imports
oonoeroed, the proposed threshold for returns to the reserve is
40# of the initial share .
 ---pagebreak---                                                Proposal for a
                               REGULATION (EEC) No. ../j6 OF THE COUNCIL
                                                 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 (1977)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     that the rates on which the new Member States shall ,
                                                               base those reductions shall be those which they apply
                                                               at any given moment to non-member countries and
                                                               that the rates fixed as a result of the reductions
  Having regard to the Treaty establishing the Euro­           regarding the products listed, in particular, in An­
  pean Economic Community, and in particular                    nex 6 to the Additional Protocol – and which
  Articles 43 and 113 thereof .                                 include hazelnuts – may in no case be lower than
                                                               those applied by the new Member States with
                                                               reference to the Community as originally constituted;
  Having regard to the proposal from the Commission .          whereas the reduction to be applied by the new
                                                                Member States within the framework of the tariff
                                                                quota under consideration must therefore, in certain
                                                                cases, be limited to 80% ;
' Having regard to the Opinion of the European
  Parliament .
                                                                Whereas it is in particular necessary to ensure to all
                                                                importers of the Member States equal and uninter­
                                                                rupted access to the said quota and uninterrupted
Whereas under Article 1 of                       Council        application of the rate laid down for that quota to all
Regulation (EEC ) Ho 3375/73                       of 10        imports of the products concerned into all Member
December 1973 concerning the importa­                           States until the quota has been used up; whereas
tion into the Community of certain                              having regard to the above principles, the Community
agricultural products originating in                            nature of the quota can be respected by allocating
Torkey^fresh or dried hazelnuts ,                               the Community tariff quota among the Member
                                                                 States; whereas, to reflect most accurately the actual
shelled or otherwise , falling within                            development of the market in the products concerned,
subheading ex 08,05 G of "the Common                             such allocation should be in proportion to the needs
Customs Tariff, originating in Turkey                            of the Member States, assessed by reference both to
are admitted on importation into the                             the statistics relating to imports from Turkey over
Community        at a duty of 2.5             within             a representative period, and to the . economic outlook
the limit        of a Community tariff quota                     for the quota period concerned;
of 21 700        metric tons ; whereas the
Community        tariff quota concerned should
therefore "be opened for 1977 » whereas ,                        Whereas, on the basis of the statistics at present
as regards the new Member States , it                            available, imports into the Member States in 1973
should be noted that Article 9 of the                            1974 and 197 5 of the products concerned, originating
                                                                 in Turkey, have developed as follows and represent
Additional Protocol signed at Ankara                             the following percentages of total imports into the
on 30 June 1973 provides that the                                Community :
reductions of customs duties pursuant
to the Association Agreement shall be
applied by the new Member States from
the entry into force of the Protocol
in the proportions and according to
the time limits laid down ,
 ( 1 ) 0J No L 345 , 15.12.1973 , p. 1
 ---pagebreak---                                                            - 2 -
                                                    1973                 1974             1975
                                          metric tons
                                                                               %     met rie tons
                Germany                    39 133        70-16   34 515       64-29   35 154            65.47
                Bénélux                      3 323        5-96     4 500       8-38     5 284            9.84
                France                       6 170       11-06     5 680      10-58     6 084           11.33
                                             2 062        3-70     2 473       4-61     1 653.5          3.08
                Italy
                                                975        1-75       875       1-63       899           1.67
                Denmark
                Ireland                         201        0-36       619       1-15        30           0.06
                                              3 910        7-01     5 026       9-36    4 590            8.55
                United Kingdom
                                            55 774                53 688               53 694.5
Whereas, taking into account these figures and the              cooperation between the Member States and the
foreseeable development of the product concerned                 Commission, which must in particular be able to
during 1977 and, in particular, the forecasts made by-           observe the extent to which the quota volume is used
some Member States, the initial shares may be fixed              up and inform the Member States thereof;
approximately at the following percentages :
          Germany                            65-93               Whereas if, at a specified date in the quota period,
                                                                 a considerable balance remains in any Member State,
          Bénélux                            10-14
                                                                 it is essential that the Member State should return
          France                               8-20              a certain proportion thereof to the reserve, in order
                                               0-25              to avoid part of the Community quota remaining
          Italy                                                  unused in one Member State when it could be used
           Denmark                             2-67              in others; whereas, taking into account the seasonal
           Ireland                             1-66              nature of imports, it seems appropriate to fix the
                                                                 transfer limit or 40% of the initial share;
           United Kingdom                    11-15
                                                                 Whereas, since the Kingdom of Belgium, the Kingdom
 Whereas in order to take into account the import                 of the Netherlands and the Grand Duchy of Luxem­
 trends for the product concerned in the Member                   bourg are united in and represented by the Benelux
 States, the quota volume should be divided into two              Economic Union, any measure concerning the ad­
 instalments, the first instalment being allocated to the         ministration of the quota shares allocated to that
 Member States, and the second forming a reserve                  economic union may be carried out by any of its
 intended ultimately to cover the requirements of the             members,
 Member States, should their initial share be used up;
 whereas, in order to ensure a certain degree of
  security to importers, the first instalment of the
  Community quota should be determined at a rela­                 HAS ADOPTED THIS REGULATION:
  tively high level, which under present circumstances
  could be approximately 80 % of the quota volume;
                                                                                          Article 1
  Whereas the initial shares may be used up sooner or
  later; whereas, in order to take this fact into account          1. From 1 January to 31 December 1977 a Com­
   and to avoid any break in continuity, it is important           munity tariff quota of 21 700 metric tons shall be
   that any Member State which has used up almost all              opened in the Community for fresh or dried hazel­
   its initial share should draw an additional share from          nuts, shelled or otherwise, falling within subheading
   the reserve; whereas this must be done as and when              ex 08.05 G of the Common Customs Tariff,
   each of its additional shares in the quota is almost            originating in Turkey.
   entirely used up, and repeated as often as the reserve
   allows; whereas the initial and additional shares must          2. Within this tariff quota, the Common Customs
   be available for use until the end of the quota period;
   whereas this method of administration calls for close            Tariff duty is suspended at 2-5% .
 ---pagebreak---                                                          - 3 -
   3. The new Member States shall apply within this           4. Notwithstanding the provisions of paragraphs 1,
   Community tariff quota, the customs duties calculated      2 and 3, a Member State may proceed to draw shares
  in accordance with the relevant provisions of the Act       smaller than those fixed in those paragraphs if there
' of Accession, the complementary Protocol                    is reason to believe that those shares might not be
I  and. Regulation (EEC ) No 3375/75 *                        used up. They shall inform the Commission of the
                                                              reasons which led them to apply this paragraph.
  4. This tariff quota shall be allocated and admin­
  istered in accordance with the following provisions.
                                                                                       Article 4
                            Article 2                         Each of the additional shares drawn pursuant to
                                                              Article 3 shall be valid until 31 December 1977.
  1 . The tariff quota laid down in Article 1 ( 1 ) shall
  be divided into two instalments.
                                                                                       Article 5
  2. A first instalment, amounting to 17 700 metric
  tons, shall be shared among the Member States ; the         The Member States shall return to the reserve, not
  shares, which subject to Article 5 shall be valid until     later than 1 October 1977, the unused portion of
  31 December 1977, shall be as follows :                     their initial share which, on 15 September 1977 , 's in
                                                              excess of 40% of their initial amount. They may
           Germany                11 669 metric tons,         return a larger portion if there are grounds for
           Benelux                 1 795 metric tons,         believing that such portion may not be used in full.
           France                  1 451 metric tons,
           Italy                      45 metric tons, -       The Member States shall, not later than 1 October
           Denmark                   472 metric tons,         1977, notify the Commission of the total imports of
           Ireland                   294 metric tons,         the products concerned effected up to and including ,
           United Kingdom          1 974 metric tons.         15 September 1977, an^ charged against the Com­
                                                              munity quota and, where appropriate, the proportion
                                                              of their initial shares that is being returned to the
  3 . The second instalment of 4 000 metric tons shall        reserve.
  constitute the reserve.
                            Article 3                                                  Article 6
                                                              The Commission shall keep account of the shares
  1 . If 90% or more of any Member State's initial            opened by Member States in accordance with
  share, as laid down in Article 2 (2), or 90% of that        Articles 2 and 3 and shall inform each of them of the
  share less the amount returned into the reserve, where      extent to which the reserve has been used as soon as
  Article 5 has been applied, has been exhausted, that        it receives the notifications.
  Member State shall proceed without delay, by
  notifying the Commission, to draw a second share
  equal to 15% of its initial share, rounded up to the        The Commission shall, not later than 5 October
  next unit where appropriate, to the extent that the         1977, notify the Member States of the amount in the
  reserve is sufficient.                                      reserve after the return of shares pursuant to
                                                              Article 5 .
  2. If, after its initial share has been exhausted, 90%
  of the second share drawn by a Member State has             The Commission shall ensure that any drawing which
  been used, that Member State shall proceed, in the          uses up the reserve is limited to the balance available
  manner specified in paragraph 1 , to draw a third           and for this purpose shall specify the amount thereof
  share equal to 7-5% of its initial share.                   to the Member State which makes the last drawing.
  3 . If, after its second share has been exhausted, 90%
  or more of the third share drawn by a Member State                                   Article 7
  has been used, that Member State shall, in the man­
  ner provided for in paragraph 1 , draw a fourth share       1 . The Member States shall take all appropriate
  equal to the third.                                         measures to ensure that supplementary shares drawn
                                                             pursuant to Article 3 are opened in such a way that
  This process shall be applied until the reserve is         changes may be made without interruption against
  exhausted.                                                  their accumulative shares of the Community quota.
 ---pagebreak---                                                        - 4 -
2. The Member States shall ensure that importers                                     Article 8
of the said products established in their territory have
free access to the shares allocated to them or drawn         On receipt of a request from the Commission, Mem­
from the reserve.                                            ber States shall inform it of imports actually charged
                                                             against their shares.
                                                                                    Article 9
3 . The Member States shall charge imports of the
said goods against their shares as and when the goods       The Member States and the Commission shall
are entered for home use.                                   cooperate closely in order to ensure that this Regu­
                                                             lation is observed.
                                                                                    Article 10
4. The extent to which a Member State has used up
its share shall be determined on the basis of the           This Regulation        shall   enter  into   force   on
imports charged in accordance with paragraph 3 .             1 January 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                                     For the Council
                                                                                      The President