CELEX: 51998PC0284
Language: en
Date: 1998-05-05
Title: Proposal for a Council Regulation (EC) establishing a concession in the form of a Community tariff quota for Turkey in 1998 in respect of hazelnuts and suspending certain concessions

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 05.05.1998
                                                COM(1998) 284 final
                                                98/0161 (ACC)
it/
                                 Proposal for a
                       COUNCIL REGULATION (EC)
    establishing a concession in the form of a Community tariff quota for Turkey in
             1998 in respect of hazelnuts and suspending certain concessions
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                                                                  4304/98EN2
                             EXPLANATORY MEMORANDUM
 Subject:        Draft Council Regulation establishing a concession in the form of a
                 Community tariff quota for Turkey in 1998 in respect of hazelnuts and
                 suspending certain concessions
The purpose of this draft Regulation is to suspend certain autonomous and conventional
concessions granted to Turkey by the Community.
In 1996 Turkey banned all imports of live bovines and imposed restrictions on beef
imports. It is the Commission's belief that such measures are unjustified and represent a
non-tariff barrier to trade.
Bearing in mind the stalemate after three rounds of negotiations with Turkey on the
above subject, the negative impact of the ban on our exports and the fact that the
Community will not be able to benefit from the concessions granted to it by Turkey
under the recently adopted Association Council Decision 1/98, it is proposed that the
situation to be counterbalanced by means of the following measures:
(1)     Suspension of the opening of the autonomous quota for hazelnuts (CN codes
        08022100 and 08022200);
(2)     Suspension of the opening of two conventional quotas for water melons (CN code
        ex 08071100) and certain processed tomatoes (CN codes 20029031, 20029039,
        20029091 and 20029099).
These measures, intended to protect the Community's commercial interests, will be
repealed by the Commission once Turkey has lifted the barriers to the preferential
Community exports.
                                              -A,
 ---pagebreak---                                                                                    4304/98EN2
                                            Proposal for a
                                      COUNCIL REGULATION (EC)
    establishing a concession in the form of a Community tariff quota for Turkey in
                1998 in respect of hazelnuts and suspending certain concessions
 THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European Community, and in particular
 Article 113 thereof,
 Having regard to the Act of Accession of Austria, Finland and Sweden,
 Having regard to the proposal from the Commission,
 Whereas under the Agreement establishing an Association between the European
 Economic Community and Turkey1 concessions were granted to that country in respect
 of certain agricultural products;
 Whereas, following the accession of Austria, Finland and Sweden, the concession for
 hazelnuts should be adjusted to take account of the trade arrangements for that product
 which existed between Austria, Finland and Sweden, on the one hand, and Turkey, on the
 other;
 Whereas, in accordance with Articles 76, 102 and 128 of the 1994 Act of Accession, the
Community is required to adopt the necessary measures to remedy this situation; whereas
those measures should lake the form of autonomous Community tariff quotas covering
the conventional preferential tari IT concessions applied by Austria, Finland and Sweden;
Whereas Decision 1/98 of the EC-Turkey Association Council provides for the
improvement and consolidation of trade preferences relating to the import into the
  OJ I.. 217, 29.12.1964, p. 3687/64.
                                                 -4^"
                                                -t-
 ---pagebreak---                                                                                               4304/98EN2
  Community of agricultural products originating in Turkey and establishes a series oT
  preferential concessions for Community exports of meat and live animals to Turkey;
  Whereas in 1996 Turkey applied a ban on the import of live animals of the bovine
 species (CN code 0102) and restrictions on the import of beef (CN codes 0201-0202);
 whereas those measures, being quantitative restrictions, are incompatible with the
 Agreement and prevent the Community from benefiting from the concessions granted to
  it under Decision 1/98; whereas, despite talks from November 1997 to February 1998
  intended to achieve a negotiated solution with Turkey to the problem, the quantitative
  restrictions are still in place;
  Whereas, as a result of the restrictions, exports to Turkey of the products in question
 originating in the Community are blocked; whereas, in order to protect the Community's
 commercial interests, the situation should be counterbalanced by means of equivalent
 measures; whereas the concessions set out in the Annexes to this Regulation should
therefore be suspended,
 HAS ADOPTED THIS REGULATION;
                                                   Article 1
Without prejudice to the import arrangements in the Community applicable to hazelnuts
under the Agreement concluded between the Community and Turkey, the existing
Community tariff quota shall be increased autonomously for 1998 in accordance with
Annex I to this Regulation. Articles 4 to 8 of Regulation (EC) No 1981/942 shall apply.
                                                   Article 2
  The autonomous tariff quota of 9 060 tonnes laid down in Annex I and the two tariff
quotas laid down in Annex II are hereby suspended.
2
      O.I I, 199, 2.8.1994, p. I. Regulation last amended by Regulation (HC) No 650/98 of 2?> March 1998
      (0.11,88,24.3.1998, p. 8).
                                                       -V-
 ---pagebreak---                                                                                   4304/98EN2
                                         Article 3
In accordance with the procedure laid down in Article 29 of Regulation (EC)
No 2200/963 or, as the case may be, in the corresponding Articles of the other regulations
on the common organisation of markets in agricultural products, or in Articles 6 and 7 of
Regulation (EC) No 1981/94, the Commission shall repeal the measures referred to in
Article 2 once the barriers to preferential exports from the Community to Turkey have
been lifted.
                                         Article 4
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
   O.I 1.297, 21.1 1.1996, p. I
 ---pagebreak---                                                                                                              4304/98RN2
                                                             Annex 1                                       I
                                                                                                           i
                                                               Size of
                                                                                 Size of                   i
    Serial                                                  conventional                      Rate of duty |
               CN code            Description of goods                        Autonomous
  number                                                  quota (in tonnes)                    applicable  j
                                                                            quota (in tonnes)
                                                                  d)
  09.0201     08022100 Hazelnuts (Corylus spp), fresh or       25000              9060           Free
              08022200 dried, in shell or shelled
                                                                                                           1
(1) Quota opened under Community preferential agreements.                                                  i
                                                                             . -' _ .
                                                                    - 5"~
 ---pagebreak---                                                                                                               4304/98EN2
                                                         Annex II
Serial       CN code                      Description of goods                   Size of quota per year or
                                                                                    per period indicated   Rate of duty
number                                                                                    (tonnes)          applicable
   90217 ex 0807 11 00 Water melons, fresh:                                                 14 000             Free
                                        from 16 June to 31 March                          _
          2002 90 31      Tomatoes prepared or preserved otherwise than by                 15 000,
   90.209 2002 90 39      vinegar or acetic acid, other than whole or in pieces,      with a dry matter       Free
          2002 90 91   with a dry matter content of 12% or more by weight:           content of 28/30%
          2002 90 99                  from 1 July to 31 December                           by weight
                                                                L ~
 ---pagebreak---                                                                                                                        4304/98ENff
       FINANCIAL STATEMENT
        BUDGET HEADING: Chapter 10 - Agricultural duties                                 APPROPRIATIONS: ECU 623,8m
2.     TITLE: Draft Council Regulation establishing a concession in the form of a Community tariff quota for Turkey in 1998 in
       respect of hazelnuts and suspending certain concessions
3.     LEGAL BASIS: Article 113 of the Treaty
4.     AIMS OF PROJECT:
       Provisionally to adapt the Community tariff quotas granted to Turkey following the enlargement of the Union.
5.     FINANCIAL IMPLICATIONS                                   PERIOD OF 12              CURRENT              FOLLOWING
                                                                   MONTHS            FINANCIAL YEAR          FINANCIAL YEAR
                                                                 ECU million                (1998)                  1999
                                                                                         ECU million            ECU million
5.0.   EXPENDITURE
       - CHARGED TO THE EC BUDGET
         (REFUNDS/INTERVENTION)
       - NATIONAL ADMINISTRATION
       - OTHER
5.1.   REVENUE
       - OWN RESOURCES OF THE EC                                                         - 172049 (1)
         (LEVIES/CUSTOMS DUTIES)
       - NATIONAL                                                                       + 3193101 (2)
                                                                  1998             1999             2000              2001
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE                                        ECU 3m
5.2.   METHOD OF CALCULATION: (See Annex)
6.0.   CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT                                      YES
       CHAPTER OF THE CURRENT BUDGET?
6.1.   CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
       BUDGET?
6.2.   IS A SUPPLEMENTARY BUDGET NECESSARY?                                                                         NO
6.3.   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                              NO
OBSERVATIONS:
                                                                %
 ---pagebreak---                                                                                                         4304/98ENff
 1.  Concession covering hazelnuts
    This concession is an extension of the measure adopted in 1997 (Council Regulation (EC) No 1555/97).
    Existing duty: 3.5%       Proposed duty: 0%
    Autonomous quota: 9 0601
    Unit value cif: USD 4.5/kg or ECU 4.1/kg
    Losses: 9 060 t x 0.035 x ECU 4.1 /kg x 90% x 1 000 = - 1 170 099                              "
    Change in import flows or impact as compared with 1997: 998 050-1 170 099 = - 172 049
2.   Suspended concessions
    Theoretical rise in own resources as a result of concessions suspended, assuming imports remain unchanged
    Hazelnuts: 9 0601 x 0.035 x ECU 4.1 /kg x 90% x 1 000 =          1 170 099
    Tomatoes: 15 0001 x ECU 723/t x 16.2% =                         1 756 890
    Watermelons: 14 0001 x ECU 192/t x 9.9% =                         266 112
    Total                                                   +       3 193 101
3.   Should there be a fall in imports as a result of the concession suspended, the theoretical increase in own
     resources would fall by the same amount.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                          COM(98) 284 final
                                             DOCUMENTS
EN                                                            11 03 02 10
                                    Catalogue number : CB-CO-98-293-EN-C
                                                             ISBN 92-78-35572-0
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