CELEX: 51997PC0311
Language: en
Date: 1997-06-19
Title: Proposal for a Council Regulation (EC) on the conclusion of an Agreement in the form of an exchange of letters between the European Community and Turkey on the adjustment of the regime for imports into the European Community of tomato concentrate originating in Turkey and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 19.06.1997
                                              COM(97) 311 final
                                               97/0172 (ACC)
                               Proposal for a
                     COUNCIL REGULATION (EC)
            on the conclusion of an Agreement in the form of an
     exchange of letters between the European Community and Turkey
 on the adjustment of the regime for imports into the European Community
                of tomato concentrate originating in Turkey
and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94
                      (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                  Explanatory memorandum
The EC-Turkey Association Council Resolution of 6 March 1995 provides for negotiations
between the European Community and Turkey on reciprocal agricultural concessions.
These negotiations on a general agreement have almost been concluded and the parties have
agreed, among other things, to amend the regime for imports into the Community of tomato
concentrate. A Community tariff quota of 15 000 tonnes at zero duty for each half of the
year will replace the preferential regime currently in force for that product.
It will not be possible for the general agreement to enter into force before 1 January 1998
because of the time needed for the procedure. Given the sensitivity of the market in tomato
concentrate and the disturbances that could affect it, the parties have agreed that the entry
into force of the new regime for that product is to be brought forward. For 1997 it has been
agreed to open the second quota of 15 000 tonnes from 1 September onwards in view of the
time available. It has also be laid down that the Commission is to adjust that quantity if at
any time imports at zero duty prove to be greater than 15 000 tonnes in the first part of
1997.
The Agreement, contained in the attached exchange of letters, applies from 1 September
1997.
Implementation of the Agreement with Turkey also requires the amendment of Council
Regulations (EEC) No 4115/86 and (EC) No 1981/94. In order to ensure timely
implementation and for the sake of efficiency, the approval of the agreement and the
amendment to those Council Regulations are contained in the same legal text.
The Commission herewith recommends this Agreement to the Council for adoption.
 ---pagebreak---                                          Proposal for a
                               COUNCIL REGULATION (EC)
                    on the conclusion of an Agreement in the form of an
             exchange of letters between the European Community and Turkey
        on the adjustment of the regime for imports into the European Community
                         of tomato concentrate originating in Turkey
       and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113, in conjunction with the first sentence of Article 228(2) thereof,
Having regard to the proposal from the Commission,
Whereas consultations have taken place between the European Community and Turkey on
the preferential regime applicable to imports into the Community of tomato concentrate
originating in Turkey; whereas those consultations were held in the context of the general
agricultural negotiations provided for in the EC-Turkey Association Council Resolution of
6 March 1995 and whereas they resulted in the conclusion of a new preferential regime for
tomato concentrate;
Whereas, pending the entry into force of the general agreement on agricultural products
originating in Turkey and in order to avoid serious disturbance of the Community market in
tomato concentrate in the 1997 marketing year, an agreement has been reached for the entry
into force of the agreement concluded for that product to be brought forward;
Whereas that Agreement should now be approved on behalf of the Community;
Whereas Council Regulation (EEC) No 4115/86 of 22 December 1986 on imports into the
Community of agricultural products originating in Turkey' should be amended as regards
tomato concentrate;
Whereas Council Regulation (EC) No 1981/94 of 25 July 1994, opening and providing for
the administration of Community tariff quotas for certain products originating in Algeria,
Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the West Bank and the Gaza Strip, Tunisia
1
    OJNo L 380, 31.12.1986, p. 16.
 ---pagebreak--- and Turkey, and providing detailed rules for extending and adapting these tariff quotas2,
should also be modified to implement the new regime for imports into the European
Community of tomato concentrate originating in Turkey, as provided for in the
abovementioned Agreement,
HAS ADOPTED THIS REGULATION:
                                               Article 1
The Agreement in the form of an exchange of letters between the European Community
and Turkey on the adjustment of the regime for imports into the European Community of
tomato concentrate originating in Turkey is hereby approved on behalf of the European
Community.
The text of the Agreement is attached to this Regulation.
                                               Article 2
The President of the Council is hereby authorised to designate the person empowered to
sign the Agreement so as to bind the Community.
                                               Article 3
Regulation (EEC) No 4115/86 is hereby amended as follows:
1. The following subparagraph is added to Article 1(2):
"However, the regime for imports into the Community of tomato concentrate originating in
Turkey shall be as follows:
(a) 15 000 tonnes of prepared or preserved tomatoes falling within CN codes 2002 90 31,
2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey shall be exempt from
customs duty on importation into the European Community from 1 September to
31 December 1997; to ensure that the annual quantity to be imported exempt from customs
duty does not exceed 30 000 tonnes, the volume of 15 000 tonnes shall be adjusted by the
Commission on the basis of the imports exempt from customs duty in the first part of 1997;
(b) from 1 January 1998 onwards, 15 000 tonnes of prepared or preserved tomatoes falling
within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey
shall be exempt from customs duty on importation into the European Community, each
year for the period from 1 January to 30 June;
(c) from 1 July 1998 onwards, 15 000 tonnes of prepared or preserved tomatoes falling
within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in Turkey
  2
    OJ No L 199, 2.8.1994, p.l. Regulation as last amended by Council Regulation (EC) No 592/97 of
     11 March 1997 (OJ No L 89, 4.4.1997, p.l.).
 ---pagebreak---                                        Annex
Tomato concentrate: correction coefficients
      Dry matter content by weight
  not less than:       not more than:        Coefficients
        12                    14              0.44828
        14                    16              0.51724
        16                    18              0.58621
        18                   20               0.65517
        20                   22               0.72414
        22                   24                0.7931
        24                    26              0.86207
        26                    28              0.93103
        28                    30                   1
        30                    32              1.06897
        32                    34              1.13793
        34                    36              1.20689
        36                   38               1.27586
        38                   40               1.34483
        40                   42               1.41379
        42                   93               1.44828
        93                   100              3.32759
 ---pagebreak---  shall be exempt from customs duty on importation into the European Community, each
 year for the period from 1 July to 31 December;
 d) The tariff quotas referred to in points (a), (b) and (c) shall refer to a dry matter content of
 28/30% by weight. Quantities imported with a different content shall be corrected by means
 of the coefficients listed in the Annex."
 2. The following paragraph is hereby added to Article 1 :
 "3. The provisions of the Annex relating to prepared or concentrated tomatoes falling
within heading 20.02 C of the Common Customs Tariff shall continue to apply only to
prepared, unconcentrated tomatoes falling within CN codes 2002 10, 2002 90 11 and
2002 90 19."
                                             Article 4
Regulation (EC) No 1981/94 is hereby amended as follows::
1. In Annex I, Order Nos 09.0207 and 09.0209 are inserted as follows:
  Order number          CN code        Description                           Quota volume           Rate of duty
                                                                               per year or
                                                                                                       (%)
                                                                                indicated
                                                                            period (tonnes)
  09.0207               2002 90 31     Tomatoes        prepared        or   15 000, of a dry 0
                                       preserved otherwise than by          matter content
                        2002 90 39     vinegar or acetic acid, other        of 28/30% by
                                       than whole or in pieces, with a      weight (2)
                        2002 90 91     dry matter content of not less
                                      than 12% by weight:
                       2002 90 99
                                             from 1 September to
                                       31 December 1997(1)
                                      - from 1 January to 30 June,
                                      from 1998 onwards
 09.0209               2002 90 31     Tomatoes         prepared        or 15 000, of a dry 0
                                      preserved otherwise than by matter content
                       2002 90 39      vinegar or acetic acid, other of 28/30% by
                                      than whole or in pieces, with a weight (2)
                       2002 90 91      dry matter content of not less
                                       than 12% by weight:
                        2002 90 99
                                       - from 1 July to 31 December,
                                       from 1998 onwards
2. At the end of Annex I, the following footnotes are added:
" (1) To ensure that the annual quantity to be imported in 1997 exemptfromcustoms duty
does not exceed 30 000 tonnes, the quota volume of 15 000 tonnes shall be adjusted by the
Commission on the basis of the imports exemptfromcustoms duty in thefirstpart of 1997.
                                                      1-
 ---pagebreak--- That adjustment shall be made in accordance with the procedure laid down in Article 7(2)
of this Regulation.
(2) For the administration of these Community tariff quotas, the following coefficients shall
be applied to imports of products with a dry matter content other than 28/30% by weight:
                       Dry matter content by weight                                   Coefficients
            not less than                        but less than
                  12                                   14                                0.44828
                  Î4                                   16                               0.51724
                  _                                    _                                0.58621
                  _                                    _                                0.65517
                 20                                    22                               0.72414
                 22                                    24                                0.7931
                 24                                    26                               0.86207
                 26                                    28                "              0.93103
                 28                                    30                                   Ï
                 30                                    32                               1.06897
                 32                                    34                               1.13793
                 34                                    36                               1.20689
                 36                                    38                               1.27586
                 38                                    40                               1.34483
                 40                                    42                               1.41379
                 42                                    93                               1.44828
                 93                                   ÏÔÔ                               3.32759
                                          Article 5
                                                   &
 ---pagebreak--- The Commissic i shell adopt detailed rules for the application of this Regulation in
accordance with ths procedure laid down in Article 46 of Regulation (EC) No 2200/963.
                                          Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal
of the European Communities. It shall apply from 1 September 1997.
   This Regulation shall be binding in its entirety and directly applicable in all Member
                                           States.
Done at Brussels,
                                                      For the Council, the President
  3
     OJNoL297,21.11.1996,p.l.
                                                   9
 ---pagebreak---                                        AGREEMENT
 in the form of an exchange of letters between the European Community and Turkey on
the adjustment of the regime for imports into the Community of tomato concentrate
 originating in Turkey
                                 A. Letter from the Community
 Sir,
I have the honour to refer to the consultations between the Turkish authorities and the
European Commission on the regime for imports into the Community of tomato
concentrate originating in Turkey.
Those consultations were held in the context of the agricultural negotiations provided for in
the EC-Turkey Association Council Resolution of 6 March 1995. The parties agreed that it
is not possible for the new general agreement to enter into force in 1997. In order to avoid
serious disturbance of the Community market in tomato concentrate and pending the entry
 into force of the general agreement, an agreement has been reached for the entry into force
of the new regime for the products concerned to be brought forward.
Notwithstanding Decision No 1/80 of the Association Council, it has been agreed that:
(a)      a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate
falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in
Turkey shall be opened for the period 1 September to 31 December 1997.
However, the total annual quantity for 1997 for importation into the Community of tomato
concentrate originating in Turkey and qualifying for exemption from customs duty may not
exceed 30 000 tonnes. If the quantity imported free of customs duty during the first part of
 1997 proves to be greater than 15 000 tonnes, the Community reserves the right to adjust
the quota of 15 000 tonnes provided for accordingly.
(b)      a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate
falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in
Turkey shall be opened, from 1998 onwards, for the period 1 January to 30 June of each
year.
(c)      a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate
falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in
Turkey shall be opened, from 1998 onwards, for the period 1 July to 31 December of each
year.
(d)      The above quantities shall refer to a dry matter content of 28/30% by weight.
Quantities imported with a different content shall be corrected by means of the coefficients
listed in the Annex.
This Agreement shall replace, as regards tomato concentrate, paragraph 3 of the Exchange
of Letters of 20 January 1981 between the European Economic Community and the
Republic of Turkey relating to Article 3(3) of Decision No 1/80 of the Association Council
and the Exchange of Letters of 26 November 1981 concerning the implementation of
paragraph 3 of the previous Exchange of letters.
                                          Aja
 ---pagebreak--- It shall enter into force on the date on which it is signed by both parties. It shall apply
from 1 September 1997.
I should be obliged if you would confirm that your Government is in agreement with the
contents of this letter.
Please accept, Sir, the assurance of my highest consideration
                                       For the Council of the European Union
                                               A\
 ---pagebreak---                                        Annex
Tomato concentrate: correction coefficients
      Dry matter content by weight
  not less than:       not more than:        Coefficients
        12                    14              0.44828
        14                    16              0.51724
        16                    18              0.58621
        18                    20              0.65517
        20                    22              0.72414
        22                    24               0.7931
        24                    26              0.86207
        26                    28              0.93103
        28                    30                  1
        30                    32              1.06897
        32                    34              1.13793
        34                    36              1.20689
        36                   38               1.27586
        38                   40               1.34483
        40                   42               1.41379
        42                   93               1.44828
        93                   100              3.32759
                                        »Z-
 ---pagebreak---                                     B. Letter from Turkey
 Sir,
 I have the honour to acknowledge receipt of your letter of today's date which reads as
 follows:
 "Sir,
 I have the honour to refer to the consultations between the Turkish authorities and the
 European Commission on the regime for imports into the Community of tomato
concentrate originating in Turkey.
 Those consultations were held in the context of the agricultural negotiations provided for in
the EC-Turkey Association Council Resolution of 6 March 1995. The parties agreed that it
 is not possible for the new general agreement to enter into force in 1997. In order to avoid
 serious disturbance of the Community market in tomato concentrate and pending the entry
 into force of the general agreement, an agreement has been reached for the entry into force
of the new regime for the products concerned to be brought forward.
Notwithstanding Decision No 1/80 of the Association Council, it has been agreed that:
(a)      a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate
falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in
Turkey shall be opened for the period 1 September to 31 December 1997.
However, the total annual quantity for 1997 for importation into the Community of tomato
concentrate originating in Turkey and qualifying for exemption from customs duty may not
exceed 30 000 tonnes. If the quantity imported free of customs duty during the first part of
1997 proves to be greater than 15 000 tonnes, the Community reserves the right to adjust
the quota of 15 000 tonnes provided for accordingly.
(b)      a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate
falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in
Turkey shall be opened, from 1998 onwards, for the period 1 January to 30 June of each
year.
(c)      a tariff quota exempt from customs duty of 15 000 tonnes of tomato concentrate
falling within CN codes 2002 90 31, 2002 90 39, 2002 90 91 and 2002 90 99 originating in
Turkey shall be opened, from 1998 onwards, for the period 1 July to 31 December of each
year.
(d)      The above quantities shall refer to a dry matter content of 28/30% by weight.
Quantities imported with a different content shall be corrected by means of me coefficients
listed in the Annex.
This Agreement shall replace, as regards tomato concentrate, paragraph 3 of the Exchange
of Letters of 20 January 1981 between the European Economic Community and the
Republic of Turkey relating to Article 3(3) of Decision No 1/80 of the Association Council
and the Exchange of Letters of 26 November 1981 concerning the implementation of
paragraph 3 of the previous Exchange of letters.
                                           I*
 ---pagebreak--- It shall enter into force on the date on which it is signed by both parties. It shall apply
from 1 September 1997.
I should be obliged if you would confirm that your Government is in agreement with the
contents of this letter.
Please accept, Sir, the assurance of my highest consideration.
For the Council of the European Union"
I have the honour to confirm that my Government is in agreement with the contents of your
     letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government of Turkey
                                         AH
 ---pagebreak---                                        Annex
Tomato concentrate: correction coefficients
      Dry matter content by weight
  not less than:        not more than        Coefficients
        12                   14               0.44828
        14                   16               0.51724
        16                   18               0.58621
        18                   20               0.65517
        20                   22               0.72414
        22                   24                0.7931
        24                   26               0.86207
        26                   28               0.93103
        28                   30                   1
        30                   32               1.06897
        32                   34               1.13793
        34                   36               1.20689
        36                   38               1.27586
        38                   40               1.34483
        40                   42               1.41379
        42                                    1.44828
                                              3.32759
             &mmm~«m»**
                                          AÏ
 ---pagebreak---              FINANCIAL STATEMENT
 1.       BUDGET HEADING:                                                                    APPROPRIATIONS: ECU 873 million
 Chapter 10 - agricultural duties
 2.       TITLE:
 Proposal for a Council Regulation on the conclusion of an Agreement in the form of an exchange of letters between the European
 Community and Turkey on the adjustment of the regime for imports into the European Community of tomato concentrate originating
 in Turkey and amending Council Regulations (EEC) No 4115/86 and (EC) No 1981/94.
           LEGAL BASIS: Article 113 of the Treaty
 4.       AIMS:
 To fix two annual quotas of 15 000 tonnes at zero duty for the first and second half-year for tomato concentrate originating in
 Turkey
          FINANCIAL IMPLICATIONS                                         PERIOD OF 12               CURRENT              FOLLOWING
                                                                             MONTHS                FINANCIAL              FINANCIAL
                                                                                                      YEAR                   YEAR
                                                                                                       (97)                   (98)
 5.0      EXPENDITURE
          - CHARGED TO THE EC BUDGET
             (REFUNDS/INTERVENTION)
          - NATIONAL AUTHORITIES
          - OTHER
 5.1.     REVENUE
          - OWN RESOURCES OF THE EC                                      ECU 1.2 million         ECU 0.6 million        ECU 1.2 million
             (LEVIES/CUSTOMS DUTIES)
          - NATIONAL
                                                                             1998             1999             2000             2001
5.0.1     ESTIMATED EXPENDITURE                                           1.2 million      1.2 million      1.1 million       1 million
5.1.1     ESTIMATED REVENUE
5.2       METHOD OF CALCULATION:
Quota at zero duty          2 x 1 5 000 tonnes
Current imports             40 000 tonnes.
Assuming that imports remain at their current level, the result of this operation will be an annual saving in own resources of an
 amount of:        from 1.7.1997 to 30.6.1998          10 000 x ECU 723/t x 16.2% = ECU 1 171 260
                   from 1.7.1998 to 30.6.1999          10 000 x ECU 723/t x 15.6% = ECU 1 127 880
                   from 1.7.1999 to 30.6.2000          10 000 x ECU 723/t x 15.0% - ECU 1 084 500
                   from 1.7.2000:                      10 000 x ECU 723/t x 14.4% - ECU 1 041 120
6.0       CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE                                                        YES/NO
          RELEVANT CHAPTER OF THE CURRENT BUDGET?
6.1       CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE                                                       YES/NO
          CURRENT BUDGET?
6.2       WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                             YES/NO
6.3       WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                                       Y-&S/NO
OBSERVATIONS:
Assuming that Turkey readjusts the level of its current imports to fall in line with the zero-duty quota, this measure will have no
financial impact.
                                                                    Ifo
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97)311final
                                              DOCUMENTS
EN                                                                  03 11 02
                                    Catalogue number : CB-CO-97-298-EN-C
                                                             ISBN 92-78-21531-7
Office for Official Publications of the European Communities
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