CELEX: 51991PC0343
Language: en
Date: 1991-09-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FRESCH OR DRIED HAZELNUTS, SHELLED OR NOT, ORIGINATING IN TURKEY ( 1992 )

COMMISSION OF THE EUROPEAN CQMVIUNITIES
                                         C0MC91) 343 final
                                         Brussels, 19 September 1991
                            Proposal for a
                       COUNCIL REGULATION (EEC)
    opening and providing for the administration af a Community
     tariff quota for fresh or dried hazelnuts, shelled or not,
                        originating In Turkey
                                (1992)
                    (presented by the Commission)
 ---pagebreak---  ---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 and dried hazelnuts, shelled
     or not, falling within the CN codes No 0802 21 00 or 0802 22 00.
2.   Within the limits of this tariff quota, Spain and Portugal shall
     apply the customs duty calculated according to the Council
     Regulation (EEC) No 2573/87 of 11 August 1987 laying down the
     arrangements for trade between Spain and Portugal on the one hand
     and Turkey on the other.
     Therefore, this tariff quota should be opened for 1992.
3.   As regards the method of administration of this quota it is
     proposed that the entire quota volume be held as a Community
     reserve to which all Member States will have access in accordance
     with the procedure provided for in Article 3 of the proposal for a
     Regulation.
     This is the purpose of the attached proposal.
Annex: proposal for a Regulation
 ---pagebreak---                                                        Proposal for a
                                      COUNCIL REGULATION (EEC) N o                           7*1
                                                    of
                 opening and providing for the administration of a Community tariff quota for
                       fresh or dried hazelnuts, shelled or not, originating in Turkey (1992}
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                imports of the products in question into the Member
                                                                        States until the quota is exhausted ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                      Whereas, it is appropriate to take the necessary measures
thereof,                                                                to ensure efficient Community administration of this
                                                                        tariff quota while offering the Member States the opportu-
Having regard to the proposal from the Commission,
                                                                        nity to draw from the quota volume the necessary quanti-
Whereas the Annex to Council Regulation (EEC) No                        ties corresponding to actual imports ; whereas this
3721/84 of 18 December 1984 on imports into the                         method of administration required close cooperation
Community of agricultural products originating in                       between the Member States and the Commission ;
Turkey ('), provides that fresh or dried hazelnuts, shelled
or not and originating in Turkey shall be admitted on                   Whereas since the Kingdom of Belgium, the Kingdom of
importation into the Community at zero duty within the                  the Netherlands and the Grand Duchy of Luxembourg
limits of a Community tariff quota of 25 000 tonnes ;                   are united within and jointly represented by the Benelux
whereas the Community tariff quota concerned should                     Economic Union, any operation concerning the adminis-
therefore be opened for 199^;                                           tration of the quota may be carried out by any one of its
                                                                        members,
Whereas, however, within the limits of this tariff quota
the Kingdom of Spain and the Portuguese Republic shall
apply customs duties calculated in accordance with the                   HAS ADOPTED THIS REGULATION
relevant provisions of Council Regulation (EEC) No
2573/87 of 11 August 1987 laying down the arrangements
for trade between Spain and Portugal on the one hand                                               Article 1
and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey
on the other (2) ;                                                       1.     From 1 January to 31 December 1992 the customs
                                                                        duty applicable to imports into the Community of the
Whereas equal and continuous access to the quota should                  following products originating in Turkey shall be
be ensured for all Community importers and the rate laid                suspended at the level indicated and within the limits of a
down for the quota should be applied consistently to all                 Community tariff quota as shown below :
                                                                                                           Amount          rate of
     Order No      CN code                                  Description                                    of quota      quota duty
                                                                                                         (in tonnes)
                                                                                                                             (%)
 09.0201          0802 21 00      Fresh or dried hazelnuts, shelled or not.                                 25 000            0
                  0802 22 00
 Within the limits of this tariff quota the Kingdom of                                             Article 3
 Spain and the Portuguese Republic shall apply customs
 duties calculated in accordance with Regulation (EEC) No
 2573/87.
 2.     Imports of the products in question may not be                    If an importer presents in a Member State a declaration of
 charged against this tariff quota if they already qualify for           entry into free circulation including a request for prefe-
 the same customs duties under other preferential tariff                 rential benefit for a product covered by this Regulation
 arrangements.                                                           and if this declaration is accepted by the customs authori-
                                                                          ties, the Member State concerned shall draw, from the
                           Article 2                                      tariff quota, by\ means of notification to the Commission,
                                                                          a quantity corresponding to these needs.
 The tariff quota referred to in Article 1 shall be adminis-
 tered by the Commission, which may take any appro-
 priate measure with a view to ensuring the efficient admi-
 nistration thereof.
                                                                         The requests for drawing, with the indication of the date
 (')  OJ No L 343, 31. 12. 1984, p. 6.                                    of acceptance of the said declaration, must be communi-
 (2) OJ No L 250, 1. 9. 1987, p. 1.                                       cated to the Commission without delay.
 ---pagebreak---                                                                                                                        V
The drawings are granted by the Commission on the basis          the quota for such time that the residual balance of the
of the date of acceptance of the declaration of entry into       quota volume permits.
free circulation by the customs authorities of the Member
State concerned, to the extent that the available balance
so permits.
                                                                                          Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.
                                                                The Member States and the Commission shall cooperate
If the quantities requested are greater than the available       closely in order to ensure that this Regulation is complied
balance of the quota, allocation shall be made on a pro          with.
rata basis with respect to the requests. Member States shall
be informed by the Commission of the drawings made.
                          Article 4                                                       Article 6
Each Member State shall ensure that importers of the
product concerned have equal and continuous access to            This Regulation shall enter into force on 1 January 1992-
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                             For the Council
 ---pagebreak---                            FICHE FINANCIERE
1. Liane budgétaire concernée : Chap. 12 art. 120
2. Base juridique : art. 113 du traité.
3. Intitulé de la mesure tarifaire : Proposition de règlement du
   Conseil portant ouverture et mode de gestion d'un contingent
   tarifaire communautaire pour les noisettes fratches ou sèches, môme
   sans leurs coques ou décortiquées, originaires de turqule (année
   1992).
4. Oblectif : respect des engagements de la Communauté vis-à-vis de la
   Turquie.
5. Mode de calcul :
   Codes N.C.                             0802 21 00 et 0802 22 00
   Volume du contingent                   25 000 tonnes
   Droit à appliquer                      0 %
   Droit normal                           4 X
   Prix moyen                             2 511 écus/t
6. Perte de recettes
   Valeur d'une tonne                     2 511 écus
   Valeur de 25 000 tonnes                62 775 000 écus
    Perte totale                           2 511 000 écus
    En 1991 une perte de recettes de 2 988 366 écus a été inscrite
    (prix 0 : 2 986 écus).
 ---pagebreak---  ---pagebreak---                                                                                     G
                                                                     ISSN 0254-1475
                                                              COM(91) 343 final
                                                      DOCUMENTS
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                                Catalogue number : CB-CO-91-392-EN-C
                                                             ISBN 92-77-75688-8
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