CELEX: 51974PC0783
Language: en
Date: 1974-06-05
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 (74) 783
Vol. 1974/0119
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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 COMMUMTIES
                                                          COM(74)783 final
                                                          Brussels . 5 June 1974
                                 PROPOSAL FOR A
                        REGULATION (ESC) 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)
   C0II(74) 783 final
 ---pagebreak---                           EXPLA1TAT0RY MEMORANDUM
1.      Article 1 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 a reduction of 37.5 /"
        of the customs duty applicable to fresh or dried hazelnuts , shelled
        or otherwise , falling within subheading ex 08.05 G of the Common
        Customs Tariff within the limit of a Community tariff quota of
        21 700 metric tons .    The result of applying this reduction to the
        rate of 4-f° contained in the Common Customs Tariff is a customs
       duty of 2.5 /j for the Community as originally constituted.    As
       regards the new Member States , the result of Article 2(1 ) and ( 3 )
       of the Interim Agreement implementing in advance of the appointed
       date certain provisions of the Supplementary Protocol concerning
       trade 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.
2.     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 ,
       specifically originating in or coming from Turkey.      This
       information has been obtained by all Member States for 1971 to 1 97 3 •
       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.
3.     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 reserve
 OJ No L 345, 15 December 1973 , p. 1 .
 ---pagebreak--- containing returned shares which exceeded Member States * needs and
from whioh those States still in need may draw additional shares .
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 account of the seasonal nature of the imports
concerned, the proposed threshold for returns to the reserve is
40fo of the initial share .
 ---pagebreak---                                Proposai for a
                       REGULATION  ( ESC ) 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 Trukey
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 43 and. 113 thereof ;
Having regard, to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas under Article 1 of Council Regulation (EEC) No 3375/73 of
10 December 1973 concerning the importation into the Comiminity of certain
agricultural products originating in Turkey, the Community must reduce by
37.5 /0 the duty applied to the import of fresh or dried hazelnuts , shelled
or otherwise , falling within subheading ex 08.05 G of the Common Customs
Tariff, within the limit of a Community tariff quota of 21 700 metric tons ;
whereas the Community tariff quota concerned should therefore be opened
for 1975 ?    whereas tha application of a 37.5 /^ reduction to the Common
Customs Tariff duty would result in a quota duty of 2.5/S for the Community
as originally constituted ;     whereas , as regards the new Member States ,
it should be noted that Article 2(1 ) and ( 3 ) of the Interim Agreement
bringing into force certain provisions of the Supplementary Protocol
signed in Ankara on 30 June 1973 provides that the reductions of customs
OJ No L 345 , 15 December 1973 , p.1 .
 ---pagebreak---  duties required by the Association Agreement shall be applied by the new
Member States from the entry into force of the Interim Agreement in the
proportions and according to the time limits laid down? that the rates on
which the new Member States shall, base those reductions shall be those
which they apply to any given moment to non-member oountries and that
the rates fixed as a result of the reductions regarding the products listed,
in particular, in Annex 6 to the Additional Protocol - which include
hazelnuts - may in no case be lower than those applied by the new Member
States with reference 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 cases, be limited to40fo,
Whereas equal and continuous access 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 product 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 allooation
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,
allooation 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 economic outlook
for the quota period in question; ...
Whereas , on the basis of the statistics at present available , imports into
the Member States in 1971 » 1972 and , 1973 of the product concerned •
originating in „Turkey have developped as follows and represents the       ;r. =
following percentages of total imports into the Community ;
                                                                       ■-.A­
 ---pagebreak---                         mi                      m     ,               i?u
                metrio tons    in $     metric tons  in fo   metric tons   in $
Bénélux            4 557 - ,   12.42        5 220    10.02       3 323       6.17
Denmark               854       2.33          795       1.53       975       1.81
Germany           24 166       65.88       36 776    70.59      39 133     72.66
France             3 581        9.76        4 906     9.42       6 170     11.45
Ireland               177       0.48          424     0.81         201       0.37
Italy                 148       0.40          197     0.38         150       0.28
United Kingdom     3 200        8.73        3 777     7.25       3 910       7.26
                  36 683                  52 095               53 862
Whereas , taking into account these figures and the foreseeable development
of the market for the product concerned during 1975 and, in particular the
forecasts made "by some Member States , the initial shares may he fixed
approximately at the following percentages :
                   Bénélux                  10.14
                   Denmark               .   2.67
                   Germany                  65.93
                   Franoe                    8.20
                   Ireland                   1.66
                   Italy                     0.25
                   United Kingdom           11.15
YJhereas, to take account of future import trends for the product concerned
into the Member States , the quota should be divided into two tranches, the
first being allocated between the Member States and the second 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
certainty, the first tranche of the quota should be fixed at about 80% of
its full amount :
 ---pagebreak---                                        -4-
 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 each 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 account
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 such State should return a certain proportion
thereof to the reserve ;     whereas given the seasonal nature of the imports
concerned, it seems appropriate to fix the threshold for such returns at
40 /s of the initial share ;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duohy of Luxembourg are united within and jointly represented by
the Benelux Economic Union, any transaction in respect of the administration
of the shares allocated to that Economic Union may be carried out by any
one of its members ;
                                                                        ./
 ---pagebreak---                                        -5-
HAS AD0PT3D THIS REGULATION :
                                    Article 1
1.      There shall "be opened within the Community for the period 1 January
        to 31 December 1975 & Community tariff quota of 21 700 metric tons
        of fresh or fried hazelnuts , shelled or otherwise , falling within
        subheading ex O8.O5G of the Common Customs Tariff and originating
        in Turkey.
2.      Wilhin this tariff quota, the Common Customs Tariff duty shall "be
        suspended at 2.5&
3.      New Member States shall apply in respect of importations under the
        said quota duties calculated in accordance with the relevant
        provisions of the Act of Accession, the Interim Agreement and
        Regulation (EEC ) Uo 3375/73 .
4.      This tariff quota shall be allocated and administered in accordance
        with the following provisions .
                                    Article ?.
1.      The tariff quota referred to in Article 1(1 ) shall be divided into
        two tranches .
2.      A first tranche of 17 700 metric tons shall be allocated among the
        Member States ;    the shares , which subject to Article 5 shall be
        valid until 31 December 1975 » shall be as follows :
                   Bénélux                  1 795 met rie tons
                   Denraark                   472 met rie tons
                   Germany                 11 669 metric tons
                   Prance                   1 451 metric tons
                   Ireland                    294 metric tons
                   Italy                       45 metric tons
                   United Kingdom           1 974 metric tons
 ---pagebreak---                              -6–
The second tranche of 4 000 metric tons shall constitute a reserve .
As soon as a Member State has used 90% 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 Article 5 » 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 second 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 soon as a Member State , after exhausting its second share , has
used 90$ 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 those specified 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 Article 3 shall "be valid until
 31 December 1975 *
                           Article 5
A Member State which on 15 October 1975 has not exhausted its
 initial share shall not later than 31 October 1975 return to   the
reserve the unused portion in excess of 40$ of its initial amount .
It 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 31 October 1975 » notify the
Commission of the total quantities of the products in question
imported up to and including 15 October 1975 and charged against
the Community quota and of any portions of their initial shares
returned to the reserve .
                           Article 6
The Commission shall keep an acoount 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
which the reserves have been used up.
It shall , not later than 5 November 1975 » 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 exhaust ing the reserve is drawn
the amount so drawn doe 3 not exceed the balance available , and to
this end shall notify the amount of that balance to the Member State
making the last drawing.
 ---pagebreak---                                      -8- '
                                  Article 7
1.      Every Member State shall take all appropriate measures to ensure
        that additional shares drawn pursuant to Article 3 are opened in
        such a way that importations may "be charged 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 access to the
        shares allocated to it .
3.      Every Member State shall charge importations of the products in
        question against its shares as and when the products are entered
        wivh the customs authorities for home use .
4.      The extent to which a Member, State has used up its shares shall be
        determined on the basis of the importations shared agaihst those
        shares in accordance with paragraph 3 .
                                  Article 8
        Every Member State shall notify the Commission at regular intervals
        of the importations of the products in question charged against its
        shares .
        The Member States and the Commission shall cooperate closely to
                                                 ♦     '
        ensure that the preceding : Articles are complied with.
                                   Article 10
       This Regulation shall enter into force oh 1 January 1975 »
        This Regulation shall be binding in its entirety and directly
        applicable in all Member States .
Done at Brussels,                                    Prr the Council
                                                     Tha President