CELEX: 31990R3924
Language: en
Date: 1990-12-21 00:00:00
Title: Council Regulation (EEC) No 3924/90 of 21 December 1990 suspending wholly or in part the common customs tariff duties on certain agricultural products originating in Turkey (1991)

31 . 12 . 90                                       Official Journal of the European Communities                                No L 37619
                                                  COUNCIL REGULATION (EEC) No 3924 / 90
                                                                 of 21 December 1990
                     suspending wholly or in part the Common Customs Tariff duties on certain agricultural
                                                        products originating in Turkey ( 1991 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                     HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                                               Article 1
thereof,
                                                                                1.     From 1 January to 31 December 1991 the customs
Having regard to Council Regulation (EEC ) No 3033 / 80 of                     duties on imports into the Member States of the products
 11 November 1980 laying down the trade arrangements                           originating in Turkey listed in the Annex shall be those
 applicable to certain goods resulting from the processing                      indicated for each of them in the said Annex .
of agricultural products (')) and in particular Article 12
thereof,                                                                       Where this Regulation is applicable in Spain and in Portugal ,
                                                                               these Member States shall apply duties calculated in
Having regard to the proposal from the Commission ,                            accordance with the relevant provisions set out in Regulation
                                                                               (EEC) No 2573 / 87 .
Whereas under Annex 6 to the Additional Protocol laying
down the conditions , procedures and timetables for                            2.      For the purposes of application of this Regulation ,
implementing the transitional phase referred to in Article 4 of                'originating products' shall mean those products which fulfil
                                                                               the conditions laid down in Association Council Decision
the Agreement establishing an Association between the
European Economic Community and Turkey (2 ) and under                          No 4 / 72 attached to Regulation ( EEC) No 428 / 73 ( 7), as
Article 9 of the Supplementary Protocol to the Association                     amended by Decision No 1 / 75 attached to Regulation ( EEC)
Agreement between the European Economic Community                              No 1431 / 75 ( 8 ).
and Turkey consequent on the accession of new Member
States to the Community ( 3 ), which was signed in Ankara on                   The methods of administrative cooperation for ensuring that
30 June 1973 and entered into force on 1 March 1986 ( 4 ), the                 the products listed in the Annexes benefit from the total or
Community must wholly or in part suspend the Common                            partial suspension shall be those laid down in Association
Customs Tariff duties applicable to certain products;                          Council Decision No 5 / 72 attached to Regulation ( EEC)
whereas it also appears necessary, on a provisional basis, to                  No 428 / 73 , as last amended by Decision No 1 / 83 , attached
adjust or supplement some of the advantages provided for in                    to Regulation ( EEC) No 993 / 83 ( 9 ).
the abovementioned Annex 6 ; whereas the Community
should , therefore, with regard to the products originating in
Turkey contained in the list annexed to this Regulation,                                                       Article 2
suspend until 31 December 1991 either the fixed component
of the charge applicable to the goods falling within the scope
of Regulation (EEC ) No 3033 / 80 or the customs duty                          When imports of products qualifying for the arrangements
applicable to the other products, at the levels indicated for                  provided for in Article 1 come into the Community in
each of them ;                                                                 quantities or at prices which cause or threaten to cause
                                                                               serious injury to the Community producers of similar
                                                                               products or directly competitive products, the Common
Whereas the Council adopted Regulation ( EEC) No                               Customs Tariff duties may be partially or wholly
1059 / 88 of 28 March 1988 laying down the arrangements                        re-established for the products in question. These measures
applicable to Greece's trade with Turkey ( s ); whereas the                    may also be taken in the event of serious injury or the threat
Council also adopted Regulation (EEC) No 2573 / 87 of                          of serious injury limited to a single region of the
11 August 1987 laying down the arrangements for trade                          Community .
between Spain and Portugal , on the one hand , and Algeria ,
Egypt, Jordan , Lebanon , Tunisia and Turkey, on the
other ( 6 );
                                                                                                               Article 3
Whereas this Regulation applies therefore to the Community
as currently constituted .                                                     1.      In order to ensure the application of Article 2 , the
                                                                               Commission may decide by means of a Regulation to
(!)  OJ No   L 323 , 29 . 11 . 1980 , p. 1 .                                  re-establish Common Customs Tariff duties for a limited
(2 ) OJ No   217 , 29 . 12 . 1964 , p . 3687 / 64 .                           period .
(3)  OJ No   L 361 , 31 . 12. 1977 , p. 2 .
(4)  OJ No   L 48 , 26 . 2. 1986 , p. 36 .                                     ( 7 ) OJ No L 59 , 5 . 3 . 1973 , p. 73 .
(5 ) OJ No   L 104 , 23 . 4 . 1988 , p. 4 .                                    ( 8 ) OJ No L 142 , 4 . 6 . 1975 , p . 1 .
(«)  OJ No   L 250 , 1 . 9 . 1987 , p. 1 .                                     (') OJ No L 112 , 8 . 4 . '1983 , p . 1 .
 ---pagebreak--- No L 376 / 10                           Official Journal of the European Communities                               31 . 12 . 90
2.     Where the Commission has been requested by a                Referring the matter to the Council shall not have a
Member State to take action it shall take a decision within a      suspensory effect. The Council shall meet without delay. It
maximum period of 10 working days from receipt of the              may by a qualified majority amend or annul the measure
request and shall inform the Member States of the action           taken .
taken .
                                                                                            Article 4
3.     Any Member State may refer the Commission's action
to the Council , within 10 working days of its notification .      This Regulation shall enter into force on 1 January 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 21 December 1990.
                                                                                        For the Council
                                                                                          The President
                                                                                          A. RUBERTI
 ---pagebreak--- 31 . 12 . 9G                                     Official Journal of the European Communities                                    No L 376 / 11
                                                                          ANNEX
                 List of products falling within Chapters 1 to 24 originating in Turkey for which there are grounds for total or
                                                  partial suspension of the Common Customs Tariff
      Order
       No            CN code (*)                                                 Description                                       Rate of duty
                                       Vegetables, fresh or chilled:
15.0001            ex 0709 30 00       — Aubergines , from 1 to 14 January                                                             9%
                                       Manioc, arrowroot, salep , Jerusalem artichokes , sweet potatoes and other similar roots
                                       and tubers with high starch or inulin content, fresh or dried , whole or sliced ; sago
                                       pith:
15.0003            ex 0714 20 10       — Sweet potatoes intended for human consumption (')                                            Free
                                       Melons (including watermelons) and papaws (papayas), fresh :
15.0005            ex 0807 10 10       — Watermelons, from 1 November to 31 March                                                    6,5%
                                       Chocolate and other food preparations containing cocoa :
15.0007            ex 1806 10 10       — Cocoa powder , not otherwise sweetened than by the addition of sucrose                  3% + MOB
                   ex 1806 10 30
                   ex 1806 10 90
15.0009               1806   20  10    Chocolate and chocolate goods , whether or not filled, sugar confectionery and            9% + MOB
                      1806   20  30    substitutes therefor made from sugar substitution products , containing cocoa            with a max . of
                      1806   20  50                                                                                             27% + AD S / Z
                      1806   20  80
                      1806   20  95
                      1806   31  00
                      1806   32  10
                      1806   32  90
                      1806   90  11
                      1806   90  19
                      1806   90  31
                      1806   90  39
                      1806   90  50
15.0011            ex 1901 90 90           Preparation based on flour ofleguminous vegetables in the form of sun-dried discs of
                                           dough , known as 'papad'                                                                    Free
15.0013            ex 1903 00 00       Tapioca , other than tapioca prepared from potato starch                                   2% + MOB
15.0015               0710   40  00      Preparations:                                                                            3% + MOB
                      0711   90  30      — —. Sweet corn
                      2001   90  30
                      2004   90  10
                      2005   80  00
15.0017               1904 90 10              Of rice                                                                             3% + MOB
15.0019               1904 90 90       — — . Of other cereals                                                                     2% + MOB
Abbreviations:
MOB       = variable component.
AD S / Z = additional duty on sugar.
(*■) The Taric codes are to be found on page 2 of this Annex.
(») Entry under this CN code is subject to conditions laid down in the relevant Community provisions.
 ---pagebreak--- No L 376 / 12       Official Journal of the European Communities         31 . 12 . 90
                                       Taric codes
                Order No             CN code             Taric code
                15.0001           ex 0709 30 00       0709 30 00 » 10
                15.0005           ex 0807 10 10       0807 10 10 * 10
                15.0007           ex 1806 10 10       1806 1010 * 11
                           II                         1806 10 10 * 91
                                  ex 1806 10 30       1806 10 30 » 10
                                  ex 1806 10 90       1806 10 90 * 10  ,
                15.0011           ex 1901 90 90       1901 90 90 * 12
              I            Il                                     * 14
                           \                                      ♦ 16
                           'l                                     * 18
                15.0013           ex 1903 00 00       1903 00 00 * 90