CELEX: 31977R1182
Language: en
Date: 1977-05-17 00:00:00
Title: Council Regulation (EEC) No 1182/77 of 17 May 1977 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey

No L 142/30                                 Official Journal of the European Communities                                   9 . 6 . 77
                                             COUNCIL REGULATION (EEC) No 1182/77
                                                             of 17 May 1977
                  opening, allocating and providing for the administration of a Community tariff quota for fresh
                  or dried hazelnuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common
                                                 Customs Tariff, originating in Turkey
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               to the Association Agreement shall be applicable in the
                                                                        new Member States in accordance with the percentages
                                                                        and timetable laid down, upon the entry into force of that
                                                                        Agreement; whereas the rates to which the new Member
 Having regard to the Treaty establishing the European                  States apply those reductions are those which they apply
 Economic Community, and in particular Articles 43 and                  at any given moment to non-member countries; whereas
 113 thereof,                                                           the rates fixed as a result of the reductions regard­
                                                                        ing the products listed, in particular, in Annex 6 to the
                                                                        Additional Protocol — and which include hazelnuts —
                                                                        may in no case be lower than those applied by the new
 Having regard to the proposal from the Commission,                     Member States with reference to the Community as orig­
                                                                        inally 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
 Having regard to the opinion of the European Parlia­                   cases, be limited to 80% ; whereas, consequently, the tariff
 ment (*),                                                              quota in question should be opened as laid down above
                                                                        for 1977 and provision should be made for charging
                                                                        against this quota the quantities imported from 1 January
                                                                        to 30 June 1977 and charged against the quota opened by
Whereas Article 5 ( 1 ) of Council Regulation (EEC) No                  Regulation (EEC) No 3055/76 ;
1180/77 of 17 May 1977 on imports into the Community
of certain agricultural products originating in Turkey (2),
which enters into force on 1 July 1977, provides for the
opening by the Community of a Community tariff quota
of 25 000 tonnes at a duty rate of 2-5% for fresh or dried             Whereas it is in particular necessary to guarantee all im­
hazelnuts, shelled or otherwise, falling within subheading             porters of the Member States equal and uninterrupted ac­
ex 08.05 G of the Common Customs Tariff, originating in                cess to the said quota and uninterrupted application of the
Turkey ; whereas under paragraph 2 of the said Article,                rate laid down for that quota to all imports of the products
 the pro rata temporis clause is applicable; whereas by                concerned into the Member States until the quota has
Regulation (EEC) No 3055/76 (3 ), the Council opened                   been used up ; whereas having regard to the above prin­
and allocated among the Member States, for 1 977, for the              ciples, the Community nature of the quotas can be re­
products in question originating in Turkey, a Community                spected by allocating the Community tariff quota among
tariff quota of 21 700 tonnes at a duty rate of 2-5% ;                 the Member States ; whereas, to reflect most accurately
whereas, for 1977, the volume of the tariff quota is fixed             the actual development of the market in the products con­
at 23 350 tonnes; whereas, with regard to the customs                  cerned, such allocation should be in proportion to the
duty applicable in the new Member States, it should be                 needs of the Member States, assessed by reference both to
noted that Article 2 of the Interim Agreement concluded                the statistics relating to imports from Turkey over a rep­
pending the entry into force of the Additional Protocol                resentative period, and to the economic outlook for the
signed at Ankara on 30 June 1973 (4 ) lays down that the               quota period concerned;
reductions in customs duties which are provided pursuant
                                                                       Whereas, on the basis of the statistics at present available,
  (M Ol No C 133 , 6 . 6 . 1977, p. 45 .                               imports into the Member States in 1973 , 1974 and 1975
 ( 2 ) See page 10 of this Official Journal.                           of the product concerned originating in Turkey have de­
 [J ) OJ No L 350, 20.12.1976, p. 111 .                                veloped as follows and represent the following percent­
       OJ No L 277 , 3.10.1973 , p. 2 .                                ages of total imports into the Community :
 ---pagebreak--- 9. 6 . 77                             Official Journal of the European Communities                                No L 142/31
                                                          1973                    1974                 1975
                       Member States
                                                  tonnes        %         tonnes         %      tonnes        %
               Germany                            39 133       70-16      34 515       64-29   35 154       65-47
               Benelux                             3 323        5-96       4 500        8-38    5 284        9-84
               France                               6 170      11-06       5 680       10-58    6 084       11-33
               Italy                                2 062       3-70       2 473        4-61    1 653-5      3-08
               Denmark                                975       1-75         875        1-63      899        1-67
               Ireland                                201       0-36         619        1-15       30        0-06
               United Kingdom                       3 910       7-01       5 026        9-36    4 590        8-55
                                     Total        55 774                  53 688               53 694-5
Whereas, taking into account these figures and the                   Whereas if, at a specified date in the quota period, a con­
foreseeable development of the product concerned during              siderable quantity of the initial share remains in any
1977 and, in particular, the forecasts made by some                  Member State, it is essential that the Member State should
Member States, the initial shares may be fixed approxi­              return a certain proportion thereof to the reserve, in order
mately at the following percentages:                                 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 im­
       Germany                                     65-93             ports, it seems appropriate to fix the quantity which may
       Benelux                                     10-14             be returned at 40% of the initial share;
       France                                   .    8-20
       Italy                                         0-25
       Denmark                                       2-67
       Ireland                                       1-66
                                                                     Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                     the Netherlands and the Grand Duchy of Luxembourg are
       United Kingdom                              11-15
                                                                     united in and represented by the Benelux Economic Union,
                                                                     any measure concerning the administration of the quota,
                                                                     shares allocated to that economic union may be carried
                                                                     out by any of its members,
Whereas in order to take into account the import trends
for the product concerned in the Member States, the quota
volume should be divided into two instalments, the first
instalment being allocated to the Member States and the               HAS ADOPTED THIS REGULATION :
second forming a reserve intended ultimately to cover the
 requirements of the Member States, should their initial
share be used up ; whereas, in order to ensure a certain de­
gree of security to importers, the first instalment of the                                    Article 1
 Community quota should be determined at a relatively
 high level, which under present circumstances could be
 approximately 80% of the quota volume ;                              1 . Until 3 1 December 1 977, a Community tariff quota of
                                                                     23 350 tonnes shall be opened in the Community for fresh
                                                                     or dried hazelnuts, shelled or otherwise, falling within
                                                                     subheading ex 08.05 G of the Common Customs Tariff,
Whereas the initial shares may be used up fairly quickly;            originating in Turkey.
whereas, therefore, to avoid disruption of supplies, any
Member State which has almost used up its initial share,             2 . Within this tariff quota the Common Customs Tariff
shall draw a supplementary share from the Community                  duty shall be partially suspended at 2-5 % .
reserve; whereas this must be done by each Member State
as each one of its supplementary shares is almost used up,            3 . The new Member States shall apply within this Com­
and as many times as the reserve allows; whereas the ini­             munity tariff quota, the customs duties calculated in ac­
tial and supplementary shares must be valid until the end             cordance with the relevant provisions of the Act of Acces­
of the quota period; whereas this form of administration              sion, the Interim Agreement and Regulation (EEC) No
requires close collaboration between the Member States               1180/77.
and the Commission, and the Commission must be in a
position to follow the extent to which the tariff quota has          4 . This tariff quota shall be allocated and administered
been used up and inform the Member States thereof;                    in accordance with the following provisions.
 ---pagebreak--- No L 142/32                              Official Journal of the European Communities                                    9. 6 . 77
                            Article 2                               shares might not be used up. They shall inform the Com­
                                                                    mission of their reasons for applying this paragraph.
 1 . The tariff quota referred to in Article 1(1 ) shall be di­
 vided into two instalments.
                                                                                               Article 4
2. A first instalment, amounting to 19 000 tonnes, shall
 be shared among the Member States; the shares, which                Each of the additional shares drawn pursuant to Article 3
 subject to Article 5 shall be valid until 31 December 1977,         shall be valid until 31 December 1977.
 shall be as follows :
       Germany                             12 527 tonnes,
                                                                                               Article 5
       Benelux                              1 927 tonnes,
       France                               1 558 tonnes,
                                                                    Member States shall return to the reserve, not later than 1
       Italy                                   48 tonnes,
       Denmark                                507 tonnes,
                                                                     October 1977, the unused portion of their initial share
       Ireland                                315 tonnes,
                                                                    which, on 15 September 1977, is in excess of 40% of the
       United Kingdom                       2 118 tonnes .
                                                                    initial amount. They may return a greater portion if there
                                                                    are grounds for believing that such portion may not be
                                                                    used in full .
 3 . The second instalment of 4 350 tonnes shall consti­
 tute the reserve.
                                                                     The Member States shall, not later than 1 October 1977,
                                                                     notify the Commission of the total imports of the products
4. Imports of hazelnuts effected during the period 1                 concerned effected under the Community quota up to 15
January to 30 June 1977 and charged against the tariff               September 1977 inclusive and, where appropriate, the
 quota opened by Regulation (EEC) No 3055 /76 shall be               proportion of their initial shares that they are returning to
 deducted from the shares allocated to the Member States             the reserve.
 and, where necessary, from the additional shares drawn
 from the Community reserve.
                                                                                               Article 6
                                                                     The Commission shall keep account of the shares opened
                            Article 3                                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 notifi­
 1 . If 90% or more of any Member State's initial share, as
                                                                    cations.
laid down in Article 2 (2), or 90% of that share less the
amount returned to the reserve, where Article 5 has been
applied, has been exhausted, that Member State shall
                                                                    The Commission shall, not later than 5 October 1977,
without delay, by notifying the Commission, draw a sec­
ond share equal to 15% of its initial share, rounded up to           notify the Member States of the state of the reserve after
the next unit where appropriate, to the extent that the              the return of shares pursuant to Article 5 .
amount in the reserve allows.
                                                                    The Commission shall ensure that any drawing which
2 . If, after its initial share has been exhausted, 90% or           uses up the reserve is limited to the balance available and,
 more of the second share drawn by that Member State has             for this purpose, shall specify the amount thereof to the
been used, it shall, in the manner provided for in para­             Member State which makes the final drawing.
graph 1 , draw a third share equal to 7-5 % of its initial
share.
                                                                                               Article 7
3 . If, after its second share has been exhausted, 90% or
more of the third share drawn by that Member State has              1 . The Member States shall take all measures necessary
been used, it shall, in the manner provided for in para­            to ensure that supplementary shares drawn pursuant to
graph 1 , draw a fourth share equal to the third.                   Article 3 are opened in such a way that charges may be
                                                                    made without interruption against their accumulative
                                                                    shares of the Community quota.
This process shall be applied until the reserve is exhausted.
4 . By way of derogation from paragraphs 1 , 2 and 3 ,              2 . The Member States shall ensure that importers of the
Member States may draw smaller shares than those fixed              said products established in their territory have free access
in those paragraphs if there is reason to believe that those        to the shares allocated to them or drawn from the reserve.
 ---pagebreak---  9. 6 . 77                          Official Journal of the European Communities                            No L 142/33
3 . The Member States shall charge imports of the said                                   Article 9
goods against their shares as and when the goods are en­
tered for homie use.                                            The Member States and the Commission shall cooperate
                                                                closely in order to ensure the correct application of this
4. The extent to which a Member State has used up its           Regulation.
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .
                                                                                        Article 10
                                                                Council Regulation (EEC) No 3055/76 shall be repealed
                                                                on the entry into force of this Regulation.
                        Article 8
At the request of the Commission, Member States shall in­                               Article 1 1
form it of imports of the products in question actually
charged against their shares.                                   This Regulation shall enter into force on 1 July 1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 17 May 1977.
                                                                                    For the Council
                                                                                     The President
                                                                                        J. SILKIN