CELEX: 51975PC0246
Language: en
Date: 1975-06-05
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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 246
Vol. 1975/0089
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(75 )     final
                                                          Brussels , 5 June 1975
                                  PROPOSAL FOR A
                        REGULATION (EEC ) OP 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
                 ( submitted to the Council by the Commission)
COMC75 ) 246 final
 ---pagebreak---                                            EXP LANA'POHY KEi^Oïl AKDUi :
 1«        _ cicle 4 of Council Regulation (EEC ) No 3375/73 of 10 December 1973
          on the importation into the Community of certain agricultural products
          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 metric 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 ,
          one 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 which 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 was thus
         drawn up on the basis of past and future figures supplied by the
         Member States for the quota period in question.
 5»      As 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 balance representing part of the reservo
  1
    OJ No L 345» 15 December 1973 » P» 1 »
 ---pagebreak---   containing returned, shares which exoeeded Member States * needs and
  from which those States still in need may draw additional shares .
J                          ■ . t . .                 \
  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
  oonoerned, the proposed threshold for returns to the reserve is
  40$ of the initial share *
 ---pagebreak---                                   Proposai for a
♦                        REGULATION     (EEC } OF TES COUITCIL
                   on the openingj 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 Trukey
  THE COUNCIL OP THE EUROFEAN COMMUMTIES ,
  Having regard to the Treaty establishing the European Eoonomio Community,
  and in partioular Articles 43 and 113 thereof ;
  Having regard to the proposal from the Commission ;
  Having regard to the Opinion of the European Parliament ;
  Whereas under Artiole 1 of Council Regulation (EEC) No 3375/73^ of
  10 December 1973 ooncerning the importation into the Community of certain
  agricultural products originating in Turkey, the Community must       suspend
  the duty applied to imports of fresh or dried hazelnuts to 2.5 f°t shelled
  or otherwise , falling within subheading ex 08.05 G of the Common Customs
  Tariff of Turkish origin, within the limit of a Community tariff quota
  of 21 700 metric tons ;     whereas , the Community tariff quota concerned
  should therefore be opened for 1976 ; whereas , as regards the new Member
  States , it should be noted that Article 9 of the Supplementary Protocol
  signed in Ankara on 30 June 1973 provides that the reductions of customs
  OJ ïïo L 345 » 15 Deoember 1973 » p«1 »
 ---pagebreak---  duties required by the Association Agreement shall be applied by the new
Member States from the entry into foroe of the Supplementary Protocol in the
proportions and aocording to the time limits laid down, that the rates on
which the new Member States shall base those reductions shall be those
whioh they apply to any given moment to non-member oountries and that
the rates fixed as a result of the reduotions regarding the produots listed)
in particular, in Annex 6 to the Additional Protocol – which inolude
hazelnuts – may in no case be lower than those applied by the new Member
States with referenoe to the Community as originally constituted }      whereas
the reduction to be applied by the new Member States within the tariff
quota under consideration must therefore , in certain oases , be limited to 60
Whereas equal and continuous acoess to the quota should be ensured for all
Community importers and the rate of duty for the tariff quota should be
applied consistently to all imports of the produot in question until the
quota is exhausted ;   whereas in the light of these principles , arrangements
for the utilization of the Community tariff quota based on an allocation
among Member States would seem to be consistent     with the Community nature
of the quota ;   whereas , in order that it may correspond as olosely as
possible to the actual trend of the market in the production in question,
allocation of the quota should be in proportion to the requirements of the
Member States as calculated by reference to statistics of imports from
Turkey during a representative reference period and to the eoonomio outlook
for the quota period in question ;
                                    «
Whereas , on the basis of the statistics at present available , imports into
the Member States in 1972 , 1973 and 1974 of .the product oonoerned       ,
 originating in Turkey have developped as follows and represents the
 following peroentages of total imports into the Community;     ... .      i  •
                                                                      .  ./•
 ---pagebreak---                                                              *•3'
                           '.ISIS                                                             ±214
                   metrio tons                  in %            metrio tons     " in %  metric tons in %
                t.
 Bénélux               5 220         ^          10.02 .              3 323    •    5.96  4 500       8.38
                         • ^     ' 4 ί;> ν' .
 Denmark                 795 .                   1.53
                                                          ./»♦' ••
                                                                         975       1.75    875       1.63
 uermany             36  776 ;             , 70.59                  39 133    .   70.16 34 515      64.29
Franoe                4 906                      9.42                6 170        11.06  5 680      10.58
Irelanà
                   i
                         424        v            0.81                    201       0.36    619       1.15
                                                            ; f
Italy                    197                     0.38                2. 062 .      3.70  2 473       4.61
United KLngdom        3 777                   - 7.25                 3 910         7.01  5 026       9.36
                   1 52 095                             ■          55 774               53 68 8
Whereas , taking into aooount these figures and the foreseeable development
of the market for the produot concerned during 1976 and, in particular, the ,
forecasts made by some Member States, the initial shares may be fixed
approximately at the following percentages !
                      Bénélux                                        10.14
                      Denmark                                - ,      2.67
                      Germany                                        65.93
                              . «•     ,              t
                      France                                          8.20
                      Ireland                                          1.66
                      Italy                                           0.25
                      United Kingdom                                 11.15
Whereas, to take aooount of future import trends for the produot ooncerned
into the Member States , the quota should be divided into two tranches, the
first being allooated between the Member States and the seoond held as a
reserve .to cover subsequently the requirements of Member States which have
exhausted their initial shares } whereas to give importers some degree of
                                                                       K
oertainty, the first tranche of the quota should be fixed at about 80% of
its full amount :                                                     ' '
                                                                      r
 ---pagebreak---   Whereas initial shares may be exhausted at different rates ;  whereas to avoid
  disruption of supplies on this account it should be provided that any
 Member State which has almost used up its initial share should drawn an
 additional share from the reserve ;   whereas eaoh time an additional share
  is almost exhausted a further share should be drawn, and so on as many
 times as the reserve allows ;   whereas the initial and additional shares
 should be valid until the end of the quota period ;   whereas this form of
 administration   requires close collaboration between the Member States and
 the Commission, and the Commission must be in a position to keep aooount
 of the extent to which the quota has been used up and to inform the
Member States accordingly;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused it is essential , to prevent
a part of a quota from remaining unused in one Member State while it could
be used in another, that suoh State should return a oertain proportion
thereof to the reserve ;    whereas given the seasonal nature of the imports
ooncerned, it seems appropriate to fix the threshold for suoh returns at
40/b of the initial share ;
Whereas, since the Kingdom of Belgium^ the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented by
the Benelux Eoonomio Union, any transaction in respect of ihe administration
of the shares allocated to that Eoonomio Union may be carried out by any
one of its members ;
 ---pagebreak---  HAS ADOPTED THIS REGULATION »
                                     Art iole 1
 1.      There shall "be opened within the Community for the period 1 January
         to 31 December 1976 a Community tariff quota of 21 700 motrio tors
         of fresh or fried hazelnuts , shelled or othervri.se , falling within
         subheading ex 08*05 0 of the Common Customs Tariff and originating
         in Turkey.
2,       VfiiMn this tariff quota , the Common Customs Tariff duty shall "bo
         suspended at 2.5 /k
3»      New Member States shall apply in respeot of importations under the
         said quota duties calculated in acoordanoe with the relevant
        provisions of the Act of Aooession, the Supplementary Protocol and
        Regulation (EEC ) No 3375/73.
4.      This tariff quota shall be allocated and administered in accordance
        with the following provisions .
                                     Artide 2
1.      The tariff quota referred to in Artiole 1(1 ) shall be divided into
        two tranohes .
2.      A first tranohe of 17 700 metric tons shall be allooated among the
        Member States ;    the shares, whioh subject to Article 5 shall be
        valid until 31 December 197 6/ shall be as follows *
                    Bénélux                 1 795 metrio tons
                    Denmark                   472 metric tons
                    Germany                11 669 met ri o tons
                    Prance                  1 451 metrio tons
                    Ireland                   294 metric tons
                    Italy                      45 metrio tons
                    United Kingdom          1 974 metric tons
 ---pagebreak--- The seoond tranohe of 4 000 metrio tcris shall oonstitute a reserve .
                            Article 3
As soon as a Member State has used $0% or more of its initial share
as fixed in Article 2(2 ) or of that share minus any portion returned
to the reserve pursuant to Artiole     it shall forthwith, "by
notifying the Commission, draw a second share , to the extent that
the reserve so permits , equal to 15$ of its initial share , rounded
up , where necessary to the next whole number .
As soon as a Member State , after exhausting its initial share , has
used 90% or more of the seoond share drawn by it , that Member State
shall forthwith , in the manner and to the extent provided in
paragraph 1 , draw a third share equal to 7.5$ of its initial share .
As soori as a Member State , after exhausting its second share , has
used 90fo or more of the third share drawn by it , that Member State
shall , in the manner and to the extent provided in paragraph 1 ,
draw a fourth share equal to the third.
It shall continue in this fashion until the reserve is exhausted.
By way of derogation from paragraphs 1 , 2 and 3 , a Member State
may draw shares lower than those speoified in those paragraphs if
there are grounds for believing that tko3e speoified may not be
used in full .   Any Member State applying this paragraph shall
inform the Commission of its grounds for so doing.
 ---pagebreak---                              Article 4
  Additional shares drawn pursuant to Artiole 3 shall be valid until
  31 December 1976 .
                       Article 5
 The Member States shall return to the reserve , not laterthan 1 October 197oi
 the unused portion of their initial share whicfy on 15 September 197<5 »     i*1
  excess of 20 /£ of the initial amount .   They may return a greater portion if
 there are grounds for believing that such portion may not be used in full .
 Member States shall, not later than      1 Ootober 1976 , notify the
 Commission of the total quantities of the produots in question
 imported up to and including 15 Septembei<l976 and oharged against
 the Community quota and of any portions of their initial shares
 returned to the reserve .
                             Article 6
The Commission shall keep an aooount of the shares opened by the
Member States pursuant to Articles 2 and 3 and shall , as soon as
the information reaches it , inform each State of the extent to
whioh the reserves have been used up .
It shall , not later than 5 October 1976, inform the Member States
of the amounts still in reserve following any return of shares
pursuant to Artiole 5 *
It shall ensure that when an amount exhausting the reserve is drawn
the amount so drawn does not exoeed the balance available , and to
this end shall notify the amount of that balanoe . to- the Member State
making the last drawing.
 ---pagebreak---                                        mmQmm
                                    • Article 7
1.        Every Member State shall take all appropriate measures to ensure
          that additional Bhares drawn pursuant to Artiole 3 are opened in
          suoh a way that importations may "be oharged without interruption
          against its accumulated share of the relevant Community quota,
2.       Every Member State shall ensure that importers of the products
          in question established in its territory have free aocess to the
          shares allooated to it .
3.       Every Member State shall oharge importations of the produots in
          question against its shares as and when the produots are entered
          wi'th the oustoms authorities for home use .
4*        The extent to whioh a Member State has used up its shares shall be
          determined on the basis of the importations shared against those
          shares in aooordanoe with paragraph 3 .
                                      Article 8
          Every Member State shall notify the Commission at regular intervals
          of the importations of the products in question oharged against its
          6haras .
            •  1    .    : 1          Artide 9                  -
          On receipt of a request from the Commission , the Member States shall
          notify it of the importations of the products in question charges
   ... .  against its share?.                  ,                     '  V
                                   - Artide 10
         This Regulation shall enter into foroe on 1 January 1976 .
          This Regulation shall be binding in its entirety and direotly
          applicable in all Member States .
                                             I
Done at- Brusselsj                                      Fer the Counoil
                                                       The Président