CELEX: 31972R2831
Language: en
Date: 1972-12-28 00:00:00
Title: Regulation (EEC) No 2831/72 of the Council of 28 December 1972 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried nuts, shelled or not, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey

58                          Official Journal of the European Communities
31.12.72                    Official Journal of the European Communities                    No L 298/31
                     REGULATION (EEC) No 2831 /72 OF THE COUNCIL
                                         of 28 December 1972
            opening, allocating and providing for the administration of a Community
           tariff quota for fresh or dried nuts, shelled or not, falling within subheading
                  ex 08.05 G of the Common Customs Tariff, originating in Turkey
THE COUNCIL OF THE EUROPEAN COMMUNI­                  assessed by reference both to the statistics
TIES ,                                                relating to imports from Turkey over a repre­
                                                      sentative period, and to the economic outlook
Having regard to the Treaty establishing the          for the quota period concerned;
European Economic Community , and in partic­
ular Articles 43 and 113 thereof;                     Whereas during the last three years for which
                                                      statistics are entirely available, imports from
Having regard to the proposal from the Com­           each Member State correspond in relation to
mission ;                                             imports into the Community of the products
Having regard to the Opinion of the European          in question originating in Turkey, to the per­
Parliament ;                                          centages indicated in the table below; whereas
                                                      the incomplete information available for 1972
Whereas under Article 6 of the Additional             does not enable meaningful percentages to be
Protocol laying down the conditions, procedures       produced, and all the less so as imports into the
and timetables for implementing the tran­             Community of the products in question, in
sitional stage pursuant to Article 4 of the           particular those originating in Turkey, are
Agreement establishing an association between         carried out during the latter months of the
the European Economic Community and Tur­              calendar year; whereas nothing, however, en­
key, the Community must suspend at a level of         ables the patterns of trade, which this table
2-5% the common customs tariff duties applic­         reveals, to be slightly modified in 1972:
able to fresh or dried nuts , shelled or not ,
originating in Turkey, falling within subheading
ex 08-05 G of the Common Customs Tariff,                                      1969     1970       1971
within the limit of a Community tariff quota
of an overall annual volume of 18 700 metric
tonnes; whereas the abovementioned Additional         Germany                70-43    73-03      74-47
Protocol enters into force on 1 January 1973          Benelux                10-57     9-39      14-04
and whereas the abovementioned Community
tariff quota should therefore be opened for 1973 ;    France                  8-29    13-24      11-03
Whereas it is in particular necessary to ensure       Italy                   6-47     4-34       0-46
to     all Community     importers    equal   and
uninterrupted access to the abovementioned
quota and uninterrupted application of
the rate laid down for that quota to all              Whereas , taking into account these data and the
imports of the products concerned into all            foreseeable development of the market of the
Member States until the quota has been used           product concerned during 1973 , and in partic­
up; whereas , having regard to the principles          ular the forecasts made by the Member States ,
mentioned above, the Community nature of the          initial quota shares may be fixed approximately
quota can be respected by allocating the Com­          at the following percentages:
munity tariff quota among the Member States;                            Germany 78-0
whereas, in order to reflect most accurately the
                                                                        Benelux    12-0
actual development of the market in the
products concerned, such allocation shall be in                         France      9*7
proportion to the needs of the Member States ,                          Italy       0-3 ;
 ---pagebreak---                               Official Journal of the European Communities                                 59
 Whereas, in order to take into account the              HAS ADOPTED THIS REGULATION :
 import trends for the products concerned in
 the Member States, the quota volume should be
 divided into twc instalments, the first instalment                              Article 1
  being divided among Member States , and the
 second forming a reserve intended ultimately            As from 1 January 1973 and 31 December 1973
 to cover the requirements of the Member States          the Common Customs Tariff duty applicable
 which have used up their initial quota share;           to fresh or dried nuts, shelled or not, falling
 whereas in order to ensure a certain degree             within subheading ex 08-05 G , originating in
 security to impcrters in each Member State, the         Turkey, shall be suspended at a level of 2-5%
 first instalment of the Community quota should          within the limit of a Community tariff quota
 be determined at a relatively high level which ,        of 18 700 metric tons .
 under present circumstances, may be 80% of
 the quota volume;
 Whereas the initial quota shares of the Member                                  Article 2
 States may be used up at different times; whereas
 in order to take this fact into account and to          1.     A first instalment, amounting to 14 960
 avoid any break in continuity, it is important          metric tons of this Community tariff quota
 that any Member State having used up almost             shall be shared amongst the Member States;
 the whole of its initial quota share should draw        the proportions which, subject to Article 5 ,
 an additional quota share from the reserve;             shall be valid from 1 January 1973 to 31 Decem­
 whereas this must be done by each Member                ber 1973 shall consist of the following amounts
 State as and when each of its additional quota         for the Member States :
 shares in the quota is almost entirely used up,
 and repeated £.s many times as the reserve                       Germany         11 669 metric tons
 allows; whereas the initial and additional quota                 Benelux           1 795 metric tons
 shares must be available for use until the end
 of the quota period; whereas this method of                      France            1 451 metric tons
 administration calls for close cooperation be­                   Italy                45 metric tons
 tween Member States and the Commission ,
which must, in particular, be able to observe           2.     The second instalment, amounting to
the extent to which the quota volume is used            3740 metric tons shall make up the reserve.
 and inform the Member States thereof;
Whereas if, at a specified date in the quota
period, a considerable balance remains in one                                    Article 3
or other Member State, it is essential that that
Member State pays a large amount of it back             1.     If 90% or more of the initial share of a
into the reserve, in order to avoid a part of the       Member State, as laid down in Article 2 (1), or
Community quota remaining unused in one                 90% of that share less the amount returned into
Member State when it could be used in others ;          the reserve, where the provisions of Article 5
whereas taking into account the seasonal nature         have been applied, has been exhausted, that
of imports , it seems adequate to lay down the          Member State shall proceed without delay, by
transfer limit at 40% of the initial share;             notifying the Commission, to draw a second
Whereas since the Kingdom of Belgium, the               share in the quota equal to 15% of its initial
Kingdom of the Netherlands and the Grand                share, rounded up to the next unit where
Duchy of Luxembourg are united in one and               appropriate to the extent that the amount in
                                                        the reserve allows .
represented by the Benelux Economic Union in
the apportionment of the tariff quota in question,      2.     If after its initial share has been exhausted,
all transactions concerning the administration          90% or more of the second share drawn by a
of the shares granted to the abovementioned             Member State has been used, that Member
Economic Union may be carried out by one of             State shall proceed without delay, by notifying
its Members ;                                           the Commission, to draw a third share equal
                                                        to 7-5% of its initial share, rounded up to the
Whereas, since the tariff quota, concerned is           next unit where appropriate, to the extent that
to be valid unti . 31 December 1973 , the system        the amount in the reserve allows .
thus laid down may be modified in order to
take account of the accession of new Member             3.     If, after its second share has been ex­
States .                                                hausted, 90% or more of the third share drawn
 ---pagebreak--- 60                           Official Journal of the European Communities
by a Member State has been used, that Member                                Article 7
State shall proceed, pursuant to the provisions
of paragraph 2, to draw a fourth share equal            1.    The Member States shall take all measures
to the third. This process shall be applied until
the reserve is exhausted .                             necessary to ensure that, when additional shares
                                                       are drawn pursuant to Article 3, it is possible
4.     Notwithstanding the provisions of para­         for charges to be made, without interruption
graphs 1, 2 and 3 , Member States may proceed          against their accumulated shares of the Com­
to draw smaller shares than those fixed in those       munity tariff quota.
paragraphs, if there is reason to believe that
those shares might not be used up. They shall          2.     The Member States shall guarantee to
inform the Commission of the reasons which             importers of the products concerned established
led them to apply, this paragraph.                     in their territory free access to the shares
                                                       allocated to them .
                                                       3.     The Member States shall charge imports
                     Article 4                         of the products concerned against their shares in
                                                       so far as such products have been presented for
The additional shares drawn pursuant to                Customs clearance under cover of declarations
Article 3 shall be valid until 31 December 1973 .      that they have been made available for con­
                                                       sumption.
                                                       4.     The extent to which Member States '
                     Article 5                         share have been used up shall be recorded on
                                                       the basis of imports charged on the conditions
If, by 15 October 1973, a A-lember State has not       laid down in paragraph 3 .
used up its initial share, it shall, not later than
31 October 1973 , return to the reserve the
unused portion of this share in excess of 40%
of the initial amount. It may return a larger                               Article 8
quantity if there are reasons to consider that
such quantity might not be used.
                                                       Member States shall inform the Commission
The Member States shall, not later than                 at regular intervals of imports of the products
31 October 1973, notify the Commission of              concerned actually charged against the shares.
the total imports of the products concerned
effected up to 15 October inclusive, and
charged against the Community quota and,
where appropriate, the proportion of their                                  Article 9
initial share that is being returned to the
reserve .
                                                       The Member States and the Commission shall
                                                        cooperate closely in order to ensure that the
                     Article 6                          aforegoing provisions are observed.
The Commission shall keep account of the
shares opened by Member States in accordance                                Article 10
with Articles 2 and 3 shall inform each of them
of the extent to which the reserve has been used
as soon as it receives the notifications .              The aforegoing provisions may be modified in
The Commission shall, not later than 10 Novem­          order to take into account the situation arising
                                                       from the accession of new Member States .
ber 1973 notify Member States of the state of
the reserve after the return of quota shares
pursuant to Article 6.
The Commission shall ensure that any drawing                                Article 11
which uses up one of the reserves is limited to
the balance available and, for this purpose,
shall specify the amount thereof to the Member          This Regulation shall enter into force on
 State which makes the final drawing.                   1 January 1973 .
 ---pagebreak---                 Official Journal of the European Communities                    61
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Brussels, 28 December 1972 .
                                                        For the Council
                                                         The President
                                                        T. WESTERTERP