CELEX: 51973PC1799
Language: en
Date: 1973-10-30
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 not, falling within subheading ex 08. 05 G of the Common Customs Tariff, originating in Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1799
Vol. 1973/0310
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                 COM(73)1799 final
                                                                 Brussels , 30 October 1973
                                          PROPOSAL FOR A
                                REGULATION ( EEC) OP THE COUNCIL
                 opening , allocating , and providing for the administration of a
              Community tariff quota for fresh or dried hazelnuts , shelled or not , <
 falling within subheading ex 08 . 05 G of the Common Customs Tariff , originating in Turkey
                          ( submitted to the Council by the Commission)
00TT( 73 ) 1799 final
 ---pagebreak---                       EXPLûirATOPY m-IOR/iUDUE!
*     Regulation ( EEC ) lfo     /73 of         1973 on the importation
into the Community of certain agricultural products originating
in Turkey , adopted by the Council to take account inter alia of
the need to amend the ■ EEC–Tiirkey Association Agreement and
tho Additional Protocol without delay, following the accession
of new Member States to the Community, provided, in particular ,
for a reduction by 37 • 5°1° of the customs duty on fresh or dried
hazelnuts , shelled or not s falling ijithin tariff subheading
ex 08.05 ^ of the Common Customs Tariff , within the licit of a
Community tariff quota of 21 700 metric tons .        As a result ,
the rate of 4A" entered in the Common Customs Tariff would "be
reduced to 2 . 57° in the Community as originally constituted .
As regards the new Member States , paragraphs 1 and 3 of Article 2
of the Interim Agreement bringing into force , in advance of the
date laid down , certain provisions of the Supplementary Protocol
on trade in goods provide :
( a) that the reductions of customs duties pursuant to the
Association Agreement are to 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 ;
(b)    that the rates on which the new Member States are to base
these reductions are those which they apply at any given moment
to non-member countries ;
( c ) that as regards the products listed , in particular in
Annex VI to the Additional Protocol - which include hazelnuts- –
the     rates fixed as a result of tho reductions may in no case
bo lower than those applied by the new Member States with
reference to the Community as originally constituted .
Consequently, the reduction to be applied by the new Member
States within the framework of the tariff quota concerned
                                           A
must , m certain cases , not exceed 20)°.
 ---pagebreak---                                     m
  2.   It should "be pointed out that the economic data on whioh
  the proposed scale of distribution is to he "based must refer
  in particular to those past and foreseeable imports by -Member
  States specifically originating in or coming from Turkey.:
  It has "been possible to obtain 'such data from all the Member
  States only in respect of 1972 and the first few months of
  1973 * For this reason and in view of the difficulties of
  giving well-founded forecasts , the scale adopted in the
  proposal for a regulation has' been drawn up on the basis simply
  of this data and the forecasts put forward by some Member States
i in respect of the quota period under consideration.
        As regards the method of administering the quota, it is
  proposed that initially a large part cf the quota volume be
  divided between the Member States , and that the balance should
  constitute a reserve to which Member States could return any
  part of their share which proved to be in excess and from which
  those Member States which had further requirements to meet could
  draw additional shares .
  4 . As in the past , " the proposition for a regulation annexed
  hereto provides for all Member States to   apply the " as and when"
  method of administration . Similarly , tp  take account of' the
  seasonal nature of imports , the proposed  limit for repayments
  to the reserve is A0f° of the initial share.
     /
 ---pagebreak---              .              Proposal for -
                 REGULATION ( EEC ) 0? THE COUNCIL
         , opening f- allocating, and providing for1 the administration
           of a Community tariff quota for fresh or dried hazelnuts ,
           shelled or not , falling within subheading ex 08.05 G of
           the Common Customs Tariff, originating in Turkey
THE COUNCIL OP THE EUROPEAN jpaMMLTNITIES
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 Regulation (EEC) Ho         /73^ of
1973 concerning the importation into tho Committee of certain
agricultural products, originating in Tuirkey the Community must ,
from 1 November 1973» reduce by 37 • 5$ "the duty applied to the
import of fresh or dried hazelnuts , shelled or not , falling    ?
within subheading ex 08.05 ® °f "the Common Customs Tariff ,
within the limit of a Community tariff quota of 21 700 metric?
tons ;
whereas this quota results from the adaptation , to take account of
the accession of the new Member States , of the Community tariff
quota of 18 700 metric tons laid down for the Community as
originally constituted, in the Agreement establishing an Association
between the European Economic Community and Tjrkey and in the
Additional Protocol ; whereas , this being so , : the Community
tariff quota concerned should be opened for 1974r whereas the'
application of a 37       reduction to the Common Customs Tariff
duty would result in a quota duty of 2.5% for the Community .
10J Ho L           1973, p.
 ---pagebreak---                                -2-
as originally constituted ; whereas , as regards the new Member
States , it should be pointed out that paragraphs 1 and 3 of
Article 2 of the Interim Agreement bringing into force certain
provisions of the Supplementary Protoool signed in Ankara on
30 June 1973 pre/id e that the reductions of Customs duties
pursuant to the Association Agreement are to 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 are tp base these reductions are those which they apply
at any given moment to non-member countries and that the rates
fixed as a result of the reductions regarding the products
listed , in 'particular , in Annex VI to the Additional Protocol -
end which include hazelnuts – may in no case be lower than those
applied by the new Member States *ri.th reference to the Community
as originally constituted ; whereas the reduction to be applied
by the new Member States within the framework of the tariff
quota under consideration must therefore , in certain cases , not
exceed 20                                .
Whereas it is in particular necessary to ensure to all importers
of those Member States equal and uninterrupted access to the
abovementiohed quota and uninterrupted application of the rate
laid down for that quota to all imports of the products concerned
into all Member States until the quota has been used up ; whereas
having regard to the principles mentioned above , the Community
nature of the quota can be respected by allocating the Community
tariff quota among the Member States ; whereas , in order to
reflect most accurately the actual development of the market in
the products concerned, such allocation should be in proportion
to the needs of the Member States , assessed by reference both
to the statistics relating to imports from Turkey over a
representative period , and to- the economic outlook for the
quota period concerned ;
 ---pagebreak---                                •3-
Whereas on the "basis of the statistics at present available ,
which , refer only to 1972 and the first few months of 1973 ,
imports into the Member States of the product concerned,          -
originating in Turkey, during 1972 represent the following
percentages of total imports to the Community j whereas if ■
the statistics for the first . few months of 1973 were extrapolated
the percentages for the whole year would he as follows :
                                             Extrapolation
                               ãziz     ■                   mà
Germany                        7 0*6                       60 . 83
Bénélux                        10.02                       18.57
France                           9*42      ,               11.02
Italy                            O . 38                     0.28
Denmark                          1.52                     '1.88
Ireland           -           - 0.80                     ' 1.10
United Kingdom                   7.26 •                     6.30
Whereas , talcing into account these figures and the foreseeable
development of the product concerned during 1974 and , in
particular , the forecasts made "by some Member States , the
initial shares may be fixed approximately at" the. following
percentagesî
Germany                        68.5
Bénélux                  ,     12
Prance                         10
Italy                            0.2
Eenmark                          1.6
Ireland ■                        1
United Kingdom                   6.7
 ---pagebreak--- Whereas , in order to take into account the import trends for
the product concerred in the Member States , the quota volume
 should "be divided into two instalments , the first instalment
"being allocated to the Mernber States , and the second forming
a reserve intended ultimately to cover the requirements cf
these Member States in case their initial shares are used up ;
whereas , in order to ensure a certain degree of security to
importers , the first instalment of the Community quota should
he determined at a relatively high level , which , under present
circumstances , may be 80/» of the quota volume ;
Whereas the initial shares may be used up sooner or later J
whereas , in order to take this fact into account and to avoid
any break in continuity, it is important that any Member State
which has used up almost all its initial share should draw an
additional share from the reserve ; whereas this must be done
as and when each of its additional shares in the quota is
almost entirely used up , and repeated as often as the reserve
allows ; whereas the initial and- additional shares must be
available for use until the end of the quota period ; whereas
this method of administration calls for close cooperation
between the Member States and the Commission , which must ,
in particular , be able to observe the extent to which the quota
volume is used up and inform the Member States thereof ;
Hhereas if, at a specified date in the quota period, a considerable
balance remains in any Member State , it is essential that the
Member State should return a certain proportion thereof to the
reserve , in order to avoid part of the Community quota remaining
unused in one Member State when it could be used in others ;
whereas , taking into account the seasonal nature of imports ,
it seems adequate to lay down the transfer limit of 40% of
the initial share . ■
 ---pagebreak--- Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united in and represented by the Benelux Economic Union,
all transactions concerning the administration of the shares
                                                               I
granted to the abovenent ioned Economic union may be carried
out by one of its members ; -
HAS ADOPTED THIS REGULATION :
                               Article 1
                              tm,            I«
1.    During the period from 1 January to 31 December 1974
a Community tariff quota of 21 700 metric tons shall be
opened in the Community for fresh or dried hazelnuts ,
shelled or not , falling within subheading e:: 08,05 G,
originating in Turkey.
2.       t'ithin this tariff quota, the Common Customs Tariff duty
is suspended at 2.5f°»                                                              1
3.       Withotxt prejudice to the right of Member States to
accelerate alignment , as provided for in Article 59(4 )
of the' Act of Accession, the customs duties applied to
these hazelnuts by the new Member States within the framework
of this Community tariff quota shall be those shown in the
following table ?
Denmark                                Ireland                        United Kingdom
M < mii «>INIW )i –» mm immmrnirntmum mimmm     n –IBHIWIH iummmwiri nrni r~~mr ■*!
0t $fo                                 0.5io                    I Hazelnuts ,
              " 7                                                   shelled           0.5%
                                                                II Other              8%
4»    This tariff quota shall be allocated and administered in
accordance with the following provisions .
                              Article 2
1.    The tariff quota referred to in Article 1'(l )                     shall be
divided into two instalments .
 ---pagebreak---                               –Ο–
  2 » The first instalment , amounting to 17 360 metric tons ,
  shall "be shared amongst the Member States ; the shares
  which, subject to Article 5 , shall be valid until 31 December
  1974* shall be as follows ?
               Germany         11 892 metric tons
               Benelux          2 083 metric tons
               France           1 736 metric tons
               Italy                35 metric tons
               Denmark            278  metric tons
               Ireland            173  metric tons
               United Kingdom   1 1 63 metric tons
  3.    The second instalment , amounting to 4 340 metric tons ,
  shall constitute the reserve .
                          Article 3
  1.    If 30/o or more of any Member State 's initial share , as
  laid down in Article 2(2 ), or 90% of that share less the
  amount returned into the reserve , where the provisions of
  Article 5 have been applied, lias been exhausted , that Member
  State shall without delay, by notifying the Commission, draw
  a second share in the quota equal to 15$ of its initial share,
  rounded up to the next unit where appropriate , to tho extent
  that the amoitnt in the reserve allows .
  2»    If after its initial share has been exhausted 90% or more
  of the second share drawn by a Member State has been used,
  that Member State shall , in the manner provided for in
  paragraph 1 , draw a third share equal to 7*5/^ of its initial
  share .    ,
  3.    If after its second share has been exhausted 90$ or more
  of the third share drawn by that Member State has been used ,
. it shall , in the manner provided for in paragraph 1 , draw a
  fourth share equal to the third .
 ---pagebreak--- This process shall "be applied in ; like, manner until , the
reserve is exhausted.
4»     Notwithstanding the provisions of paragraphs 1 , 2 and
3 , ' Henbor States may drat; smaller shares than those fixed
in those • paragraphs if there is reason to believe that
those shares might not 'he used up.     They shall inform the
Commission of their reasons 'for applying this paragraph *
                        Article 4-
Additional shares dram pursuant to Article 3 shall "bo
valid until 31 December 1974 *
                        Ar+ice *5
If i by 15 October 1974» a I-enber State has not used up its
initial share , it shall , not later than 31 October 1974 »
return to the reserve the unusod portion of this share
in excess- of 40% of the initial amount# 1 It may return a
larger quantity if there are reasons to consider that
such quantity may not be used.
The Member ' States shall , not later than 31 October 1 974*
notify the Commission of the total imports of the products
concerned effected under the Community quota up to
15 October 1974 inclusive and , where' appropriate , the
proportion of their initial shares that they are returning
to the reserve .
                        Article 6
The Commission shall keep account of the shares opened by
Member States in accordance with Articles 2 and 3 , and shall
inform each of them of the extent to which the reserve has
been used as soon as it receives the notifications . .
 ---pagebreak---                           -8-
The Commission shall , not later than 5 November 1974 »
notify the Member States of the state of the reserve after
the return of shares pursuant to Article 5 »     The Conuuission
shall ensure that any drawing which uses up the reserve is
limited to the balance available and , for this purpose ,
she'll specify the amount thereof to the Member State which
makes the final drawing .
                      Article 7
1.     The Member States shall take all measures necessary
to ensure that , when additional shares are drawn pursuant
to Article 3 , it is possible for imports to be counted
without interruption against their accumulated shares of
the Community tariff quota .
2.     The Member States shall ensure for importers of the
products concerned established in their territory free
access to the shares allocated to them or drawn from the
reserve .                        . .
3.     The Member States shall count imports of the products
concerned against their shares as and when such products are
presented for customs clearance under cover of declarations
for consumption .
4.     The extent to which . Member States' shares have been
used up shall be recorded on the basis of imports charged
as provided for in paragraph 3 *
                      Article 8
Member States shall inform the Commission at regular intervals
of imports of the products concerned actually counted against
their shares .
 ---pagebreak---                         -9-
                     Arti cle 9
The Member States and the Commission shall cooperate
closely in order to ensure that the foregoing provisions
are observed .
                     Article 10
This Regulation shall enter into force on 1 January 1974 ,
     This Regulation shall "be binding in its entirety and
     directly applicable in all Member States *
Done at Brussels ,                      For the Council
                                        The President