CELEX: 51991PC0385
Language: en
Date: 1991-10-18
Title: Proposal for a COUNCIL REGULATION ( EEC ) suspending wholly or partially the Common Customs Tariff duties on certain agricultural products originating in Turkey ( 1992 )

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                          C0MC91) 385 final
                                          Brussels, 18 October 1991
                           Proposal for a
                      COUNCIL REGULATION (EEC)
   suspending wholly or partially the Common Customs Tariff duties
     or. certain     agricultural products originating in Turkey
                                 (1992)
                   (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                      -1-
                           EXPLANATORY  MEMORANDUM
1.  The additional Protocol and the Supplementary Protocol concluded by
    the Community with Turkey provide for certain partial or total
    suspensions of duty on agricultural products falling within Chapters
    1 - 24 of the Common Customs Tariff.
    In addition, the Council decided that, with effect from 1 January
    1974, Turkey should not be treated less favourably than those
    countries and territories which qualify for generalized tariff
    preferences.
2.  The purpose of this proposal for a Regulation is to implement that
    decision.    It extends to Turkey for 1992, on a unilateral basis, the
    total or partial suspensions of duties proposed by the Commission
    under the generalized tariff preferences scheme.    These suspensions
    are, however, confined to those products falling within Chapters 1-24
     in respect of which no provision is made for more favourable treatment
     in the agreements with Turkey.
3.  Within the limits of these tariff suspensions, Spain and Portugal will
    apply customs duties calculated in accordance with Regulation (EEC)
    n" 2573/87 laying down the arrangements applicable to Spain's and
    Portugal's trade with Turkey.
4.  Attention is drawn to the fact that :
    -   the proposal for a Regulation is based on the Supplementary
        Protocol which entered into force on 1 March 1986^ 1 ^;
    -   the enacting terms of the Regulation and the lists of products
        annexed to it are based on the proposals which the Commission has
        presented to the Council concerning generalized tariff preferences
        for agricultural products.
(1) OJ n' L 48, 26.2.1986, p. 36
 ---pagebreak---  ---pagebreak---                                            Proposal for            - <\ V
                                         C O U N C I L REGULATION (EEC) N o                        -01
                                                        of
                   suspending wholly or in part the Coininon Customs Tariff duties on certain agricultural
                                               products originating in Turkey (199 2 )
 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 1992 the customs
 Having regard to Council Regulation (EEC) N o 3 0 3 3 / 8 0 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 ihem in the said Annex.
 of agricultural products ('), and in particular Article 12
                                                                           Within the context of these tariff suspensions the Kingdom of
 thereof,
                                                                            Spain and the Portuguese Republic shall apply customs duties
                                                                           calculated in accordance with the
 Having regard to the proposal from the Commission,                                              thé relevant provisions set out in Regulation
                                                                          (EEC) N o 2 5 7 3 / 8 7 .
 Whereas under Annex 6 to the Additional Protocol laying
 down the conditions, procedures and timetables for                      2.     For the purposes of applying this Regulation, the rules
 implementing the transitional phase referred to in Article 4 of         of origin shall be those in force at the time for the
 the Agreement establishing an Association between the                   implementation           of the Agreement establishing an
 European Economic Community and Turkey (2) and under                    Association between the European Economic Community
 Article 9 of the Supplementary Protocol to the Association              and      Turkey.
 Agreement between the European Economic Community
 and Turkey consequent on the accession of new Member
                                                                        The methods of administrative cooperation for ensuring that
 States to the Community ( 3 ), which was signed in Ankara on
                                                                        the p r o d u a s listed in the Annexes benefit from the total or
 30 June 1973 and entered into force on 1 March 1986 ( 4 ),the
                                                                        partial suspension shall be those laid down in Association
 Community must wholly or in part suspend the Common
                                                                        Council Decision N o 5 / 7 2 attached to Regulation (EEC)
 Customs Tariff duties applicable to certain products;
                                                                        N o 4 2 8 / 7 3 , as last amended by Decision N o 1 / 8 3 , attached
 whereas it also appears necessary, on a provisional basis, to
                                                                        to Regulation (EEC) N o 9 9 3 / 8 3 (6).
 adjust or supplement some of the advantages provided for in
 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 199 2either the fixed component
 of the charge applicable to the goods falling within the scope         When imports of products qualifying for the arrangements
 of Regulation (EEC) N o 3 0 3 3 / 8 0 or the customs duty              provided for in Article 1 come into the Community in
 applicable to the other products, at the levels indicated for          quantities or at prices which cause or thie.iten m « .iiisc
 each ot them;                                                          sriious    iii|iuy    It» llie ( ( i m m u n i t y pi »»liu ei-. " I \ I.u
                                                                        pioducts or directly competitive products, the i. uuunon
  Whereas in the context of the said tariff suspensions, the           Customs Tariff duties may be partially or wholly
  Kingdom of Spain and the Portuguese Republic will apply               re-established for the products in question. These measures
  customs duties calculated in accordance with                         may also be taken in the event of serious injury or the threat
                                                                       of serious injury limited to a single region of the
                          Regulation (EEC) N o 2 5 7 3 / 8 7 of
                                                                       Community.
11 August 1987 laying down the arrangements for trade
between Spain and Portugal, on the one hand, and Algeria,
Egypt. Jordan, Lebanon, Tunisia and Turkey, on the
other (5*;                                                                                               Article 3
    OJ  No L 323, 29. 11. 1980, p. 1.                                   1.     In order to ensure the application of Article ?.. the
    OJ  No 217, 29. 12. 1964, p. 3687/64.                              Commission may decide by means of a Regulation to
    OJ  N o L 361, 31. 12. 1977, p. 2.                                 re-establish Common Customs Tariff duties for a limited
    OJ  No L 48, 26. 2. 1986, p. 36.                                   period.
(5)'-)j No L 250, 1. 9. 1987, p. 1.
                                                                     : 6 ) OJ No L 112, 8. 4. 198?, p.
 ---pagebreak---                                                               - 2 -
2.    Where the Commission has been requested by a                Referring the matter to the Council shall not hive 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 1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                                       For the    Council
                                                                                         The   President
 ---pagebreak---                                                                                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
                         CN codc(*)                                                  Description                                    Rate ofjJuty
          No
                                            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               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%
                      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%
                          1806 20   30      substitutes therefor made from sugar substitution produas, containing cocoa
                          1806 20   50
                          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 of leguminous 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%
     15.0015              0710   40  00       Preparations:                                                                         3%
                          0711   90  30       ——             corn
                          2001   90  30
                          2004   90  10
                          2005   80  00
                      2008 99 85
     15.0017              1904 90 10        — — Of rice                                                                             3%
     15.0019              1904 90 90        — - Of other cereals                                                                    2%
    Abhrivuitions
    (*) 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.
(a)      Without prejudice to the levying of any additional duties applicable.
 ---pagebreak---               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 10 10*11
                          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
                                      » 14
                                      * 16
                                      » 18
15.0013  ex 1903 00 00    1903 00 00»   90
 ---pagebreak---                                             -  V   -
FINANCIAL RECORD
1.   Budget Iine concerned : Chap. 12 Art. 120
2.   Legal basis : Art. 113 of the Treaty
3.   Title of the tariff measure concerned : Proposal for a Council
     regulation suspending wholly or partially the Common Customs Tariff
     duties on a number of agricultural products originating in Turkey
     (1992)
4.   Object ive : Fulfilment of contractual obligations
5.   Method of calculation :
     CCT heading: various
     Volume under suspension: unlimited
     Duty to be applied: zero or partial duty
     Normal CCT duty : various:
6.   Duty-loss : Due to the uncertainty of the volume of exports from
     Turkey, it is not possible to give an exact figure for the duty-loss
     for 1992. Here should be no increase in duty-loss for 1992 as compared
     with 1991 (100 000 ecus)
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 385 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-91-433-EN-C
                                                             ISBN 92-77-76248-9
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