CELEX: 51983PC0390
Language: en
Date: 1983-06-23
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 (1984) (Submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 390
Vol. 1983/0148
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   C O M M I S S I O N OF T H E E U R O P E A N                                      COMMUNITIES
                                                                   COM(83) 390 f i n a l
                                                                   B r u s s e l s , 23 June 1983
                                                      Proposal for a
                                            COUNCIL REGULATION (EEC)
                 opening, a l l o c a t i n g and p r o v i d i n g for the a d m i n i s t r a t i o n of
            a Community t a r i f f quota for fresh or d r i e d h a z e l n u t s ,            s h e l l e d or
                      n o t , f a l l i n g w i t h i n subheading ex 08.05 G of             the
                                Common Customs T a r i f f         and o r i g i n a t i n g
                                                   i n Turkey     (1984)
                            (Submitted t o the Council by the Commission)
COM(83) 390 f i n a l
 ---pagebreak---                                                         EXPLANATORY MEMORANDUM
     1. C o u n c i l R e g u l a t i o n (EEC) N° 3590/82 of 21 December 1982 on imports i n t o
          the Community of a g r i c u l t u r a l products o r i g i n a t i n g i n Turkey (1) provides
          for      the opening for fresh or d r i e d h a z e l n u t s , s h e l l e d or o t h e r w i s e ,
          f a l l i n g w i t h i n subheading ex 08.05 G of the Common Customs T a r i f f ,                  of an
          annual Community d u t y - f r e e          tariff    quota of 25,000     tonnes.
    2. The aim              of t h i s proposal i s to open the quota concerned for the p e r i o d
          from 1 January to 31 December 1984.
    3.   The t a r i f f        quota concerned may be modified i n the l i g h t of                current
         n e g o t i a t i o n s with the c o n t r a c t i n g country f o r the c o n c l u s i o n of
         an A d a p t a t i o n P r o t o c o l to the abovementioned Agreement.               Pending the
         outcome, the proposed R e g u l a t i o n enables the engagements c o n t r a c t e d
         by the Community to be                  respected.
         The Commission t h e r e f o r e          reserves the r i g h t to modify the proposaL
         i n the course of the proceedings i n order to adapt i t , as                             necessary,
         to the A d a p t a t i o n P r o t o c o l .
    4 . I t should be noted that the economic data on the b a s i s of which the
         proposed a l l o c a t i o n w i l l be drawn up should be based, i n                    particular
         on past and estimated future                    imports i n t o Member S t a t e s ,   specifically
         o r i g i n a t i n g i n or coming from Turkey.            Such a data has been o b t a i n e d
         by a l l Member S t a t e s for the year 1980 to 1982.                    The f o l l o w i n g  table
         shows t h i s dat i n tonnes and percentages :
Member States                                   1980                          1981                            1982
                                    tonnes           %           tonnes                 X        tonnes               1
Benelux                               5 106         7.45          5 374              7.85          7 016             9.40
Denmark                               1 203         1.75             785             1 .15         1 183             1 .58
Germany                             44 844        65.40          47 778             69.80       49 561              66.37
France                                9 230       13„46           8 889             13.00          9 528            12.76
Ireland                                  40        0.06               92             0.13              50            0.07
United Kingdom                        4 337        6.33           4 705              6.87          4 807             6.44
Total                              68 568                        68 446                         74 678
(1)     0J N° L 375, 3 1 . 1 2 . 1 9 8 2 , p .         1.
 ---pagebreak---      This d a t a , which i s the only m a t e r i a l c u r r e n t l y a v a i l a b l e , g i v e s r i s e
     to an a l l o c a t i o n of the t a r i f f     quota i n q u e s t i o n among the Member S t a t e s
     based on the f o l l o w i n g percentages            :
     Benelux                                             8.26
     Denmark                                             1.50
    Germany                                             67.17
     France                                             13.06
     Ireland                                             0.09
     Italy                                               3.38
    United Kingdom                                       6.54
5. As regards a d m i n i s t r a t i o n of t h i s q u o t a , i t i s proposed t a h t these s h o u l d
    be an i n i t i a l a l l o c a t i o n among Member S t a t e s of a large part of the quota
    the balance r e p r e s e n t i n g a reserve to which the s u r p l u s from shares                     which
    exceed Member S t a t e s '          needs w i l l be returned and from which those                    States
    still       i n need may draw a d d i t i o n a l shares.
6 . As i n the p a s t ,      the p r o p o s a l f o r a R e g u l a t i o n annexed hereto p r o v i d e s
    that the uniform method of a d m i n i s t r a t i o n to be a p p l i e d by a l l Member
    S t a t e s 3hould be the "as and when" method.                       S i m i l a r l y , to take account of
    the seasonal nature of the imports concerned, the proposed t h r e s h o l d f o r
    returns to the r e s e r v e i s 40 % of the i n i t i a l                 share.
 ---pagebreak---                                                     Proposal for a
                                          C O U N C I L R E G U L A T I O N (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 9 8 4 )
T H E C O U N C I L O FT H E E U R O P E A N                               Israel, Malta, Morocco, Portugal, Syria, Tunisia or
COMMUNITIES,                                                               Turkey ('); whereas this Regulation therefore applies
                                                                           to the Community of Nine;
Having regard to the Treaty establishing the
European Economic Community, and in particular                             Whereas it is in particular necessary to ensure for all
Article 113 thereof,                                                       Community importers equal and uninterrupted access
                                                                           to the abovementioned quota and uninterrupted
Having regard to the proposal from the Commission,                         application of the rate laid down for that quota to all
                                                                            imports of the products concerned into all Member
                                                                            States until the quota has been used up; v 'icreas,
Whereas the Annex to Council Regulation ( E E C ) N o                       having regard to the above principles, the Community
  3590/82        of    21.  December          1982                          nature of the quota can be respected by allocating the
                      on imports into the Community of                      Community tariff quota among the Member States;
         agricultural products originating in Turkey (')                    whereas, in order to reflect as accurately as nossible
 provides that fresh or dried hazelnuts, shelled or not,                    the true trend of the market in the products in
 falling within subheading ex 08.05 G of the Common                         question, such allocation should be in proportion to
 Customs Tariff and originating in Turkey are                               the requirements of the Member States, cpiculated by
 admitted on importation into the Community at zero                          reference to the statistics for imports from Turkey
 duty, within the limit of a Community tariff quota of                       over a representative reference period inH also to il;e
 25 000 tonnes; whereas the Community tariff quota                           economic outlook for the quota period in question:
 concerned should therefore be opened for 1984.
                                                                            Whereas, on the basis of the statistics at present
 Whereas, in accordance with Article 119 of the 1979                        available, imports into the Member States in 1980
 Act of Accession, the Community adopted Council                             1981 and 1982 of the product concerned, originating
 Regulation ( E E C ) N o 3555/80 of 16 December 1980                       in Turkey, have developed as follows and represent
 determining the arrangements to be applied with                             the following percentages of total imports into the
 regard to imports into Greece originating in Algeria,                       Community:
                                                          1980                        1981                   1982
                        ^flcmbcr Stcttcs
                                                 tonnes           %         tonnes            %              tonnes      %
                  Benelux                       5 106           7-45       5 374            7- 85         7.016       9.40
                  Denmark                       1 20    3       1-75           78  5        i-i5           1   183    1 .58
                  Germany                      44 844          65-40     47    77 8        69. 80        49    561   66.37
                  France                        9 230          13-46       8 889           13-00
                                                                                                           9   528   12.76
                  Ireland                           40          0-06            92          0- i3
                                                                               823
                                                                                                                50    0.07
                  Italy                         3 808           5- 55                       1- 2 0
                                                                                                           2   533    3.39
                  United K i n g d o m          4 337           6- 33    4705               6.87           4   807    6 44
                                       Total   68 5 6 8                   68446                          74    678
                                                                              (') O J N o L 382, 31. 12. 1980, p. 1.
  (')OJNoL 375,           31 . 1 2 . 1 9 8 2 ,   p.      1.
 ---pagebreak---                                                        -   2 -
•Whereas, taking into account these figures and the            shares allocated to that Economic Union may be
foreseeable development of the product concerned               carried out by any of its members,
during 1984and, in particular, the forecasts made by
some Member States, the initial shares may be fixed
approximately at the following percentages:
          Benelux                            8.26
          Denmark                           1 .50
                                                                HAS A D O P T E D THIS R E G U L A T I O N :
          Germany                          67.17
          France                           13.06
          Ireland                            0.09                                          Article 1
          Italy                              3.38
          United Kingdom                     6.54               1.      During the period 1 January to 31 December
                                                                1984, a Community tariff quota of 25 000 tonnes
                                                                shall be opened in the Community of Nine for fresh
 Whereas, in order to take into account import trends           or dried hazelnuts, shelled or not, falling within sub­
 for the product concerned in the various Member                heading ex 08.05 G of the Common Customs Tariff
 States, the quota amount should be divided into two            and originating in Turkey.
 instalments, th? first being shared among the Member
 States and t h i .econd constituting a reserve to cover        2.       Within this tariff quota, the Common Customs
  at a later date the requirements of those Member              Tariff duty shall be totally suspended.
  States which have used up their initial quota share;           3.      Imports of the product in question benefiting
  whereas, in o.der to give importers in each Member             from the same or lower customs duties under
  State a certain degree of security, the first instalment       preferential arrangements shall not be charged against
  of the Community quota might under the circum­                 this tariff quota.
  stances be fixed at 80 % of the quota volume;
                                                                 4.      This tariff quota shall be allocated and
                                                                 administered in accordance with the following
  Whereas the Member States' initial shares may be                provisions.
  used up a diiferent times; whereas, in order to take
  this fact into account and avoid any break in                                     v
                                                                                            Article 2
   continuity, any Member State which has almost used
   up its initial quota share should draw an additional           1.     The tariff quota referred to in Article 1 (1) shall
   share from the reserve; whereas this must be done by          be divided into two instalments.
   each Member State as and when each of its additional
   shares is almost used up, and repeated as many times           2.      The first instalment, amounting to 20 000
   as the reserve allows; whereas the initial and                 tonnes, shall be shared among the Member States; the
   additional shares must be valid until the end of the           shares which, subject to Article 5, shall be valid until
   quota period; whereas this method of administration            31 December 1984, shall be as follows:
   requires close cooperation between the Member                                                              (tonnes)
    States and the Commission, and the latter must be in                   Benelux                            1 652
    a position to monitor the extent to which the quota                    Denmark                               300
    volume has been used up and to inform the Member                       Germany                           13 434
    States thereof;                                                        France                             2 612
                                                                            Ireland                                18
                                                                            Italy                                676
    Whereas if, at a given date in the quota period, a                      United Kingdom                    1 -308
    substantial quantity remains unused, it is essential that
    that Member State should return a significant                  3.      The second instalment, amounting to 5 000
    proportion to the reserve to prevent a part of any             tonnes, shall constitute the reserve.
    tariff quota from remaining unused in one Member
    State when it could be used in others; whereas, taking
    into account the seasonal nature of imports, it seems                                    Article 3
    appropriate to fix the transfer limit at 40 % of the            1.     If 9 0 % or more of any Member State's initial
    initial share;                                                  share as specified in Article 2 (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
     Whereas, since the Kingdom of Belgium, the                     the extent permitted by the amount of the reserve,
     Kingdom of the Netherlands and the Grand Duchy                 that Member State shall forthwith, by notifying the
     of Luxembourg are united within and jointly                    Commission, draw a second share equal to 15 % of
     represented by the Benelux Economic Union, any                  its initial share, rounded up where necessary to the
     operation rei.uing to the administration of the quota           next unit.
 ---pagebreak---                                                                     - 3 -
2.     If, after its initial share has been used up, 90 %      It shall inform the Member States, not later than
or more of the second share drawn by a Member                  5 October 1984, of the amount in the reserve after
State has been used up, then, to the extent permitted          quantities have been returned thereto pursuant to
by the amount of the reserve, that Member State                Article 5.
shall, in accordance with the conditions laid down in
paragraph 1, draw a third share equal to 7 • 5 % of its         It shall ensure that the drawing which exhausts any
initial share.                                                  reserve does not exceed the balance available and, to
                                                                this end, notify the amount of that balance to the
3.      If, after its second share has been used up, 90 %
                                                                Member State making the last drawing.
or more of the third share drawn up by a Member
State has been used up, that Member State shall, in
accordance with the conditions laid down in                                               Article 7
paragraph 1, draw a fourth share equal to the third.
                                                                 1.    The Member States shall take all measures
This process shall continue until the reserve is used up.
                                                                 necessary to ensure that additional shares drawn
 4.     B y way of derogation from paragraphs 1, 2 and 3,        pursuant to Article 3 are opened in such a way that
 a Member State may draw shares smaller than those               imports may be charged without interruption against
 fixed in those paragraphs if there is reason to believe         their accumulated shares of the tariff quota.
 that they might not be used up. It shall inform the
                                                                 2.     The Member States shall ensure that importers
 Commission of its reasons for applying this
                                                                 of the products in question,
 paragraph.
                                                                            have free access to the shares allocated to
                                                                 them.
                             Article 4
                                                                  3.    The Member States shall charge the imports of
 The additional shares drawn pursuant to Article 3
                                                                  the products concerned against their shares as and
 shall be valid until 31 December 198 4 .
                                                                  when the products are entered with customs, auth­
                                                                  orities for free circulation.
                              Article 5
                                                                  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
  later than 1 October 1984, such unused portion of
                                                                   imports charged under the conditions set in
  their initial shares as, on 15 September 198 4, is in
                                                                  paragraph 3.
  excess of 40 % of the initial volume. They may return
  a larger quantity if there are grounds for believing
                                                                                            Article 8
  that this quantity may not be used.
                                                                   At the Commission's request, the Member States shall
  The Member States shall notify the Commission, not
                                                                   inform it of imports actually charged against their
   later than 1 October 1984, of the total quantities of
                                                                   shares.
   the products in question imported up to 15 September
   198 4and charged against the tariff quotas and of any                                    Article 9
   quantity of the initial shares returned to the reserve.
                                                                    The Member States and the Commission shall
                               Article 6                            cooperate closely to ensure that this Regulation is
                                                                    complied with.
   The Commission shall keep an account of the shares
    opened by the Member States pursuant to Articles 2                                      Article 10
    and 3 and, as soon as it is notified, inform each
    Member State of the extent to which the reserves                This Regulation shall enter into force on 1 January
    have been used up.                                               1984.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels,
                                                                                           For the Council
                                                                                             The President