CELEX: 51977PC0241
Language: en
Date: 1977-06-08
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the 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, originating in Turkey (1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 241
Vol. 1977/0087
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(77)241 final
                                         Brussels . 8 June 1977
                          PROPOSAL FOR A
                   REGULATION (EEC ) OF THE COUNCIL
          opening, allocating and providing for the 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 , originating in Turkey ( 1978 )
                        /
            ( submitted to the Council by the Commission )
 COM(77 ) 241 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1 . Article 5(1 ) of Council Regulation ( EEC ) No ..../ 77 of           1977
    concerning the importation into the Community of certain agricultural
                                   1
    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 25 000 tonnes at a duty rate of 2.5% .
2 . It should be noted that the economic information on the basis of
    which the proposed allocation will be drawn up should be based ,
    in particular , on past and estimated future imports into Member
    States , specifically originating in or coming from Turkey .
    This information has been obtained by all Member States for the
    year 1974 to 1976 . The percentage allocation contained in this
    proposal for a regulation is in fact identical to that used for
    1977 , because it corresponds to the criteria normally applied
    in this field .
3 . The Member States' experts who participated in the consultative
    meeting of the " Economic Tariff Problems" Group ( 13/ 14 April 1977 )
    expressed agreement in principle to the scheme for allocation
    of shares proposed by the Commission .
4 . 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 a reserve
    to which the surplus from shares which exceed Member States *
    needs will be returned and from which those States still in
    need may draw additional shares .
                                                                     •••/•• •
     No L               of
 ---pagebreak--- As in the past , the proposal for a Regulation annexed hereto
provides that the uniform method of administration to be
applied by all Member States should be the " as and when " method .
Similarly , to take account of the seasonal nature of the imports
concerned , the proposed threshold for returns to the reserve is
40% of the initial share .
In order to facilitate the verification for which the Commission
is responsible under the Treaties , moreover , it has been stipulated
in Article 10 of the proposal that Member States must forward to
the Commission within a specific period the provisions they have
adopted with a view to the application of the tariff measure .
 ---pagebreak---                                             Proposal for a
                                   COUNCIL RF.GULATION (EEC) No                   77
             opening, allocating and providing for the 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, originating in Turkey ( 1978 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the                    Whereas it is in particular necessary to ensure to all
European Economic Community, and in particular                  importers erf the Member States equal and uninter­
Articles 43 and 113 thereof,                                    rupted access to the said quota and uninterrupted
                                                                application of the rate laid down for that quota to
                                                                all imports of the products concerned into all
Having regard to the proposal from the Commission,              Member States until the quota has been used up ;
                                                                whereas having regard to tfhe above piinciples, the
                                                               Community nature of the quota can be respected by
Having regard to the opinion of the European |                  allocating the Community tariff quota among the
Parliament ('),   "                                     '       Member States; whereas, to reflect most accurately
                                                               the actual development of the market in the products
                                                               concerned, such allocation must ke *n proportion
Whereas under Article 5(1 ) of Council                         to the needs of the Member States, assessed by
Regulation ( EEC ) No .../ 77 of                               reference both to tfhe statistics relating to imports
1977 concerning the importation into                           from Turkey over a representative period, and to the
the Community of certain agricultural                          economic outlook for the quota period concerned ;
products originating in Turkey ( 1 ),
fresh or dried hazelnuts , shelled or
otherwise , falling within subheading                          Whereas, on the basis of the statistics at present
ex 08.05 G of the Common Customs                               available, imports into the Member States in 1974,
Tariff , originating in Turkey are                             1975 and 197^ of the product concerned originating
admitted on importation into the                               id Turkey have developed as follows and represent
Community at a duty rate of 2.5% ,                             the following percentages of total imports into the
within the limit of a Community tariff                         Community:
quota of 25 000 tonnes ; whereas
the Community tariff quota concerned
should therefore be opened for 1978;
( 1 ) 0J No L 345 , 15.12.1973, p. 1 .
 ---pagebreak---                                                                               - 2 -
                                                                1974 ,                    1975       I
                                                                                                                      1976
                                                        tonnes          %    tonres             %        tonnes                 %
                                                                                            I
                                                                  I
                         Germany                         34 515   i  64-29      35 154      j 65-47      43 936              64.15
                         Bénélux                      1   4 500         8-38 | 5 284            9-84       5 662               8.27
                         France                           5 680 I      10-58      6 084        11-33       9 543             13.93
                         Italy                            2 473         4-61       1 653-5      3-08       2 065               3.02
                         Denmark                            875         1-63         899        1 67       1  161              1.70
                         Ireland                            619         1-15          30        0-06          140              0.20
                                                          5 026         9-36       4 590        8-55       5 978               8.73
                         United Kingdom              i
                                                                                                                         1
                                                         53 688                 53 694-5                 68 485
                                                                  L*                        l          l
 Likely   Whereas, taking into account these figures and the                  be availaibie for use until she end of the quota period ;
   / trend on the market               of the product concerned               whereas this method of administration calls for close
          during 197 8 and, in particular, tflis. forecasts made by           cooperation between the Member States and the
  /quota some Member States, the initial/shares may be fixed                  Commission, which must in particular be able to
          approximately at the following percentages :                        observe the extent to which the quota volume is used
                                                                              up and inform the Merrtber States thereof;
                   Germany                               65-93
                   Bénélux                               10 14
                                                                              Whereas if, at a specified date .in the quota period,
                   France                                 8-20
                                                                              a considerable balance remains in any Member State ,
                   Italy                                  025                  it is essential tthat the Member State should return
                   Denmark                                2-67                 a certain proportion thereof to the reserve, in order
                                                                              to avoid part of the Community quota remaining
                   Ireland                                166                 unused in one Member State when it could be u<;ed
                   United Kingdom                        11-15                in others ; whereas, taking into account the seasonal
                                                                               nature of imports, it seems appropriate to fix the
                                                                               transfer .      at 40% of the initial share ;
                                                                                          threshold
          Whereas in order to take into account the import
          trends for the .product concerned in the Member
          States, the quota volume should be divided into two                  Whereas, since the Kingdom of Belgium , the Kingdom
          instalments, the first instalment being allocated to the             of the Netherlands and the Grand Duchy of Luxem­
          Member States and the .second forming a reserve                     bourg are united in and represented by the Benelux
          intended J          se^         the requirements of the              Economic        Union,    any    measure concerning  the
          Member States should ohm initial share be used up ;                  administration of the quota shares allocated to that
          whereas, in order to_ ensure a certain degree of                     economic union may be carried out by any of its
  / in    security to importers/ the first instalment of the Corn­             members,
    ea ch munity quota should be determined at a relatively
   Member       level , which under present circumstances could
          be approximately 80% of the quota volume ;
                                                                                HAS ADOPTED THIS REGULATION :
          Whereas the initial shares may be used up sooner or
          later; whereas, in order to take this fact into account
          and to avoid any break in continuity, it is important                                            Article 1
          that any Member State which 'has used up allmost all
          its initial share should draw an additional share from
          the reserve ; whereas this must be done as and when                   1 . From 1 January until 31 December 197'3 a Com­
          each of its additional shares in the quota is almost                 munity tariff quota of 25 0C0 tonnes shall be
          entirely used up, and repeated as often a9 the reserve               opened in the Community for fresh or dried lu / el-
          allows ; whereas Phe initial and addiriona'I shares must             nuts, shelled or otherwise, falling within subheading
<
 ---pagebreak---                                                                    - 3 -
             ex 08.05 G of che Common Custom# Tariff,                      3. If after its second share has been exhausted 90%
          ' originating in Turkey.                                         or more of the nhird share drawn by that Member
               ■                      •
                                                                           State has been used, it shall, in the manner provided
        , 2. Within tnis tariff quota the Common Customs                   for in paragraph 1 , draw a fourth share equal to the
                                                                           third.
        : Tariff duty is suspended at 2-5% .
                                                                          This process shall continue until the reserve is
                                                                           exhausted.
                                                                          4. Notwithstanding the provisions of paragraphs 1 ,
                                                                          2 and 3, Member States may draw smaller shares
                                                                          than those fixed in those paragraphs rf there is reason
                                                                          to 'believe that those shares might not be used up.
         3 1 This      tariff   quota   shall be  allocated      and      They shall inform the Commission of their reasons
           administered in accordance with she following                  for applying this paragraph.
           provisions.
                                    Article 2                                                     Article 4
           1 . The tariff quota referred to in Article 1 ( 1 ) shall     Each of the aoditionad shares drawn pursuant to
          be divided into two installments.
                                                                         Article 3 shall be valid until 31 December 197g
_         2. A first instalment, amounting to 20 000 tonnes
allocated        shall be/sKared among the Member States; the                                  * Article 5
         shares, which subject to Article 5 shall he valid until
          31 December 197& shall fee as follows :
                                                                         Member States shall return to the reserve, not later
                  Germany                  13 186 tonnes                 than 1 October 1978> the unused portion of their
                  Bénélux     •             2 028 tonnes                 initial dhare which, on 15 September 1978 , is in
                                                                         excess of 40% of the initial amount. They may return
                  France                    1 640 tonnes                 a greater portion if there are grounds for believing
                                        v      50 tonnes
                  Italy                                                  that such portion may not be used in full.
                  Deranark                    534 tonnes
                  Ireland                     332 tonnes
                                                                        The Member States shaiH, not later than 1 October
                                                                         197 8,^notify the Commission of the total imports of
                  United Kingdom            2 230 tonnes »              the products concerned effected under the Com­
                                                                        munity quota up to 15 September 1978 inclusive
        3. The second instalment of 5000         tonnes        shall    and, where appropriate, the proportion of their initial
         constitute the reserve.
                                                                        shares that they are returning to the reserve.
                                   Article 3                                                     Article 6
         1 . If 90% or more of any Member State's initial               The 'Commission shall keep account of the shares
         ^hare, as laid down in Article 2 (2), or 90% of that           opened by Member States in accordance with Articles
         share less the amount returned into the reserve, where         2 and 3, and shall inform each of them of the extent
         Article 5 has been applied, has been exhausted, that           to which the reserve has been used as soon as it
         Member State shall without delay, by notifying the             receives the notifications.
         Commission, draw a second share in the quota equaJ
         to 15% of its initial share, rounded up to the next           The Commission sihall, not later than 5 October 197&
         unit Where appropriate, to the extent that the amount .        notify the Member States of the state of the reserve
         in the reserve allows.
                                                                        after the return of shares pursuant to Article 5.
         2. If after its initial shart lias been exhausted 90%         The Commission shall! ensure that any drawing which
         or more of the second share drawn by a Member                 uses up dhe reserve is limited to the balance available
         State has been used, that Member State shaft, in the          and, for this purpose, shall specify ohe amount there­
         manner provided for in paragraph 1, draw a third              of to the Member State which            makes the    final
         share equal to 75% of its initial share.                      drawing.
 ---pagebreak---                                                                      - 4 -
                                 Article 7
                                                                                                   Article 8
           1. The Member States shall take all measures
           necessary ro ensure that supplementary shares drawn                                U""' fr™              Commission,
           pursuant to Article 3 are opened in such a way that               Member States shall inform it of imports of the
            they may be counted , without a break                            products m question actually charged against its
            in continuity , as part of their
            aggregate share of the Community
           quota .
                                                                                                   Article 9
 –         2- T"e Member States shall ensure that importers
                                                                            The Member States and the Commission shall
'i fl      of the     products/fcstabllshed in their territory have         cooperate closely in order to ensure the correct
                                                                            application of this Regulation.
question *ree access to r^e shares allocated to them or drawn
           from the reserve.
                                                                                                  Article 10
          3. The Member States shall charge imports of the Said             The Member States shall forward to tth-
        products against their shares as and when the goods -
          are entered for home use.                                         Commission within 45 days of the
                                                                            publication of this Regulation in
        . 4. The extent to which a Member State has used up                 the Official Journal of the European
          its share shall i>e determined on the -basis of the               Communities , the provisions they
       • imports charged in accordance with paragraph 3.                    have adopted with a view to its
                                                                            application .
                                                                                                  Article 11
                                                                        This Regulation shall enter into force on 1 January
                                                                         1978 .
                           ThisReguUtion shall be binding in its entirety and directly applicable in all Member
                           Done at Brussels,
                                                                 I .                    For the Council
                                    V­
                                                                 f                       The Président
 ---pagebreak---                                                     Date :  ™       1977
FINANCIAL    STATEMENT
1 . Budget line concerned : Ch . 12 Art . 120
2 . Legal basis : Art . 43 and 113
3. Title of the tariff measure : Proposal for a regulation ( EEC ) of the
    Council opening , allocating and providing for the 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 . 'originating in Turkey ( 1978)
4. Objectives : Respect of obligations contracted in relation to Turkey ,
5 . Method of calculation :
    - No of CCT         : ex 08.05 G
    ~ Quota volume      î 25,000 tonnes
    - Quota duty rate ï 2.5%
    - Duty rate CCT : 4%
6. Loss of receipts :      510,000 EUR