CELEX: 31987R4174
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4174/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or not, falling within code No 0802 21 00 or 0802 22 00 of the combined nomenclature and originating in Turkey (1988)

31 . 12 . 87                                Official Journal of the European Communities                                  No L 399 / 1
                                                                    I
                                                 (Acts whose publication is obligatory)
                                            COUNCIL REGULATION (EEC) No 4174 / 87
                                                          of 21 December 1987
               opening, allocating and providing for the administration of a Community tariff quota for fresh or
               dried hazelnuts, shelled or not, falling within code No 0802 21 00 or 0802 22 00 of the combined
                                            nomenclature and originating in Turkey ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas the Community has adopted , with effect from
                                                                       1 January 1988 , a combined nomenclature for goods which
                                                                       meets the requirements of the Common Customs Tariff and
Having regard to the Treaty establishing the European                  the Nomenclature of Goods for the External Trade Statistics
Economic Community, and in particular Article 113                      of the Community and Statistics of Trade between Member
thereof,                                                               States ; whereas in order to accommodate specific
                                                                       Community rules this nomenclature has been expanded by
                                                                       the establishment of an integrated tariff of the European
Having regard to the proposal from the Commission ,                    Communities ( Taric) ; whereas , from that date , the combined
                                                                       nomenclature and, where appropriate , the Taric code
                                                                       numbers should therefore be used for the description of the
Whereas the Annex to Council Regulation (EEC ) No                      products covered by this Regulation;
3721 / 84 of 18 December 1984 on imports into the
Community of agricultural products originating in
Turkey ( J ), provides that fresh or dried hazelnuts , shelled or      Whereas equal and continuous access to the quota should be
not , falling within subheading ex 08.05 G of the Common               ensured for all importers of the Member States and the rate
Customs Tariff and originating in Turkey shall be admitted             laid down for the quota should be applied consistently to all
on importation into the Community at zero duty within the              imports of the products in question into the said Member
limits of a Community tariff quota of 25 000 tonnes;                   States until the quota is exhausted ; whereas , in the light of
whereas the Community tariff quota concerned should                    these principles , allocation of the tariff quota among the
therefore be opened for 1988 ;                                         Member States would seem to preserve the Community
                                                                       nature of the quota ; whereas in order to correspond as closely
                                                                       as possible to the real trend of the market for the products in
Whereas , in accordance with Article 119 of the Act of                 question the allocation should reflect the requirements of the
Accession of Greece , the Council adopted Regulation (EEC )            Member States based on statistics of imports of the said
No 3555 / 80 of 16 December 1980 determining the                       products from Turkey during a representative reference
arrangements to be applied with regard to imports into                 period and on the economic outlook for the quota period in
Greece originating in Algeria , Israel , Malta , Morocco ,             question ;
Portugal , Syria , Tunisia or Turkey ( 2 ); whereas , the Council
has also adopted Regulation (EEC ) No 2573 / 87 of 11
August 1987 laying down the arrangements for trade                     Whereas , on the basis of the currently available statistical
between Spain and Portugal , on the one hand , and Algeria ,           data , imports of the product in question from Turkey into the
Egypt, Jordan , Lebanon , Tunisia and Turkey, on the                   Member States have developed as follows over the years
other ( 3 ); whereas the tariff quota in question applies              1984 , 1985 and 1986 ; whereas they represent the following
therefore to the Community as constituted on 31 December               percentages of total imports into the Community from
 1980 ;                                                                Turkey:
(*) OJ No L 343 , 31 . 12 . 1984 , p. 6 .
( 2 ) OJ No L 382 , 31 . 12 . 1980 , p. 1 .
( 3 ) OJ No L 250 , 1 . 9 . 1987 , p. 1 .
 ---pagebreak---  No L 399 / 2                              Official Journal of the European Communities                                           31 . 12 . 87
                                                            1984                       1985                    1986
                         Member State
                                                  Tonnes           %           Tonnes          %       Tonnes          %
               Benelux                              6 816         8,36          5 266         7,10      6 202         8,24
               Denmark                                997         1,23            792         1,07        872         1,16
               Germany                            53 830         66,06         47 225       63,65      49 716        66,08
               France                               9 013        11,06          9 416       12,69       9 169        12,19
               Ireland                                 22         0,03             28         0,03           0           0
               Italy                                2 904         3,56          5 206         7,02      3 179         4,23
               United Kingdom                       7 901         9,70          6 264         8,44      6 098         8,10
                                       Total      81 483                       74 197                  75 236
 Whereas , in view of these factors and of market forecasts for            has been used up and to inform the Member States
 the products concerned for 1988 and, in particular, the                   accordingly;
 estimates submitted by certain Member States, initial
 percentage shares dan be expressed approximately as                       Whereas if at a given date in the quota period a considerable
 follows :
                                                                           quantity of a Member State's initial share remains unused , it
                                                                           is essential that the Member State concerned should return a
        Benelux                                      7,99                  significant proportion thereof to the reserve in order to
        Denmark                                      1,22                  prevent part of the Community tariff quotas from remaining
        Germany                                   65,29                    unused in one Member State when it could be used in others ;
        France                                     12,50                   whereas in view of the seasonal nature of the imports, it
        Ireland                                      0,03                  seems appropriate to set the threshold for such returns to the
        Italy                                        4,25                  reserve at 40 % of the initial share ;
        United Kingdom                               8,78 ;
                                                                           Whereas since the Kingdom of Belgium , the Kingdom of the
Whereas, to allow for the trend of imports of the products                 Netherlands and the Grand Duchy of Luxembourg are united
concerned in the various Member States , the quota volume                  within and jointly represented by the Benelux Economic
                                                                           Union , any operation concerning the administration of the
should be divided into two parts, the first being allocated
among the Member States and the second held as a reserve to                quota shares allocated to that economic union may be carried
cover any subsequent requirements of Member States which                   out by any one of its members ,
have used up their initial shares; whereas, to afford importers
in each Member State some degree of certainty, the first part
of the tariff quota should be set at a relatively high level,
which in this case could be approximately 75 % of the quota
volume ;
                                                                           HAS ADOPTED THIS REGULATION:
Whereas Member States may use up their initial shares at
different rates; whereas, to provide for this eventuality and to
avoid any break in the continuity of supplies, any Member                                             Article 1
State which has used up its initial share should draw
additional shares in quantities corresponding to their real                1.     From 1 January to 31 December 1988 the customs duty
requirements , as many times as the reserve allows; whereas                applicable to imports into the Community as constituted on
this form of administration requires close cooperation                     31 December 1980 of the following products shall be
between Member States and the Commission and the latter                    suspended at the level indicated and within the limits of a
must be able to monitor the extent to which the quota volume               Community tariff quota as shown below:
      Order No          CN code                                  Description                           Amount of quota    Rate of quota duty
                                                                                                           (tonnes )             (%)
09.0201              0802 21 00        Fresh or dried hazelnuts , shelled or not, originating in
                     0802 22 00        Turkey                                                              25 000                  0
 ---pagebreak--- 31 . 12 . 87                               Official Journal of the European Communities                                  No L 399 / 3
2. Imports of the products in question may not be charged             If requests for drawings exceed the amount remaining in the
against this tariff quota if they already qualify for the             reserve , an allocation shall be made pro rata . The Member
same customs duties under other preferential tariff                   States shall be informed by the Commission in accordance
arrangements .                                                        with the same procedure .
3.     This tariff quota shall be allocated and administered in
accordance with the following articles.                                                           Article 4
                                                                      Additional shares drawn pursuant to Article 3 shall be valid
                                                                      until 31 December 1988 .
                            Article 2
1.     The tariff quota referred to in Article 1 ( 1 ) shall be
divided into two parts .                                                                          Article 5
2.     The first part , amounting to 18 750 tonnes , shall be         By 1 October 1988 at the latest Member States must return to
allocated among the Member States ; the quota shares , which          the reserve the unused portion of their initial share which , on
subject to Article 5 shall be valid until 31 December 1988 ,          15 September 1988 , is in excess of 40 % of the initial volume .
shall be as follows :                                                 They may return a greater portion if there is reason to believe
                                                                      that it might not be used .
                                                  (tonnes)
        Benelux                                    1 485              By 1 October 1988 at the latest Member States must notify
        Denmark                                      228              the Commission of the total quantities of the products
        Germany                                   12 242              concerned imported on or before 15 September 1988 and
        France                                     2 343              charged against the Community quota and of any portion of
        Ireland                                         7             their initial share that they are returning to the reserve.
        Italy                                        799
        United Kingdom                             1 646 .
                                                                                                   Article 6
3.     The second part of the quota , amounting to 6 250
tonnes, shall constitute the reserve .                                The Commission shall keep account of the shares drawn by
                                                                      Member States pursuant to Articles 2 and 3 and shall inform
                                                                      each Member State of the extent to which the reserve has
                                                                      been used up as soon as it has been notified .
                            Article 3
                                                                      It shall inform the Member States not later than 5 October
If a Member State's initial share as specified in Article 2 ( 2 ),     1988 of the state of the reserve following any return of quota
or of that share less any portion returned to the reserve where       shares pursuant to Article 5 .
Article 5 has been applied has been used up entirely , the
following provisions shall apply.                                     It shall ensure that the drawing which exhausts the reserve
                                                                      does not exceed the balance available , and to this end shall
If an importer presents , in a Member State , a declaration as        notify the amount of that balance to the Member State
to entry into free circulation comprising a request for               making the final drawing.
preferential treatment for a product covered by this
Regulation , and this request is accepted by the customs
authorities , the Member State concerned shall , by notifying                                      Article 7
the Commission , draw an amount corresponding to its
requirements from the reserve referred to in Article 2 (3 ).
                                                                       1.    Member States shall take all appropriate measures to
                                                                       ensure that additional drawings of shares pursuant to Article
Requests to draw on the reserve together with the date of              3 enable imports to be charged without interruption against
acceptance of the customs declarations must be forwarded to           their accumulated share of the Community tariff quota .
the Commission without delay.                           "
                                                                       2.    Member States shall ensure that importers of the
Drawings shall be granted by the Commission on the basis of           products concerned have free access to the quota shares
the date of acceptance of goods for entry into free circulation        allocated to them or which they have drawn from the
by the customs authorities of the Member State concerned ,             reserve ,
provided a sufficient amount remains in the reserve .
                                                                       3.    Member States shall charge imports of the products
If a Member State does not use the quantities drawn , it shall         concerned against their shares as and when the goods are
return them to the reserve as soon as possible .                       entered with the customs authorities for free circulation .
 ---pagebreak--- No L 399 / 4                             Official Journal of the European Communities                                31 . 12 . 87
4 . The extent to which a Member State has used up its                                         Article 9
shares shall be determined on the basis of the imports charged
in accordance with paragraph 3 .                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with.
                                                                                              Article 10
                           Article 8
                                                                    This Regulation shall enter into force on the day of its
                                                                    publication in the Official Journal of the European
At the request of the Commission , Member States shall              Communities .
inform it of imports actually charged against their quota
shares .                                                            It shall apply with effect from 1 January 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 21 December 1988 .
                                                                                       For the Council
                                                                                        The President
                                                                                        B. HAARDER