CELEX: 31973R3376
Language: en
Date: 1973-12-10 00:00:00
Title: Regulation (EEC) No 3376/73 of the Council of 10 December 1973 on the opening, allocation, and administration of a Community tariff quota for hazelnuts, falling within subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey

15 . 12 . 73                         Official Journal of the European Communities                          No L 345 /7
                              REGULATION (EEC) No 3376/73 OF THE COUNCIL
                                                  of 10 December 1973
              on the opening, allocation , and administration of a Community tariff quota for
              hazelnuts, falling within subheading ex 08.05 G of the Common Customs Tariff
                                               and originating in Turkey
THE COUNCIL OF THE EUROPEAN                                     lower than those applied by the new Member States
COMMUNITIES,                                                   with reference to the Community as originally consti­
                                                                tuted ; whereas the reduction to be applied by the new
                                                                Member States within the framework of the tariff
Having regard to the Treaty establishing the European           quota under consideration must therefore, in certain
Economic Community, and in particular Articles 43               cases, be limited to 20 % ;
and 1 1 3 thereof ;
                                                                Whereas it is in particular necessary to ensure to all
Having regard to the proposal from the Commission ;             importers of the Member States equal and uninter­
                                                                rupted access to the said quota and uninterrupted
                                                                application of the rate laid down for that quota to all
Having regard to the Opinion of the European Parlia­            imports of the products concerned into all Member
ment :                                                          States until the quota has been used up ; whereas
                                                                having regard to the above principles, the Community
                                                                nature of the quota can be respected by allocating the
Whereas under Article 1 of Council Regulation (EEC)             Community tariff quota among the Member States ;
No 3375/73 (') of 10 December 1973 concerning the               whereas, to reflect most accurately the actual develop­
importation into the Community of certain agricul­              ment of the market in the products concerned, such
tural products originating in Turkey, the Community             allocation should be in proportion to the needs of the
must reduce by 37·5 % the duty applied to the import            Member States, assessed by reference both to the statis­
of fresh or dried hazelnuts, shelled or otherwise,              tics relating to imports from Turkey over a representa­
falling within subheading ex 08.05 G of the Common              tive period, and to the economic outlook for the quota
Customs Tariff, within the limit of a Community                 period concerned ;
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 Commu­               Whereas, on the basis of the statistics at present avail­
nity tariff quota of 18 700 metric tons laid down for           able, which refer only to 1972 and the first few
the Community as originally constituted in the Agree­           months of 1973, imports into the Member States
ment establishing an Association between the Euro­              during 1972 of the product concerned originating in
pean Economic Community and Turkey and in the                   Turkey represent the following percentages of total
Additional Protocol ; whereas the Community tariff              imports into the Community, whereas if the statistics
quota concerned should therefore be opened for                  for the first few months of 1973 were extrapolated , the
1974 ; whereas the application of a 37·5 % reduction            percentages for the whole year would be as follows :
to the Common Customs Tariff duty would result in a
quota duty of 2·5 % for the Community as originally
constituted ; whereas, as regards the new Member                                                          Extrapolation
States, it should be noted that Article 2 ( 1 ) and (3) of
                                                                                                 1972           1973
the Interim Agreement bringing into force certain
provisions of the Supplementary Protocol provides                                                              60·85
that the reductions of customs duties pursuant to the           Germany                        70·60
                                                                Benelux                         1002           18·57
Association Agreement shall be applied by the new
                                                                France                           9·42          11·02
Member States from the entry into force of the
                                                                Italy                            0·38           0·28
Interim Agreement in the proportions and according                                                              1·88
                                                                Denmark                          1·52
to the time limits laid down , that the rates on which
the new Member States shall base those reductions               Ireland                          0·80           1·10
                                                                United Kingdom                   7·26           6·30
shall be 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 6 to the Additional Protocol            Whereas, taking into account these figures and the
— and which include hazelnuts — may in no case be               foreseeable development of the product concerned
                                                                during 1974 and, in particular, the forecasts made by
(') See page 1 of this Official Journal .                       some Member States, the initial shares may be fixed
 ---pagebreak--- No L 345/8                        Official Journal of the European Communities                                 15 . 12. 73
approximately at the following percentages :                 HAS ADOPTED THIS REGULATION :
           Germany                       65-93                                          Article 1
            Benelux                      10-14
            France                        8-20               1.    During the period from 1 January to 31
            Italy                         0-25               December 1974 a Community tariff quota of 21 700
            Denmark                       2-67               metric tons shall be opened in the Community for
            Ireland                        1 - 66            fresh or dried hazelnuts, shelled or otherwise, falling
            United Kingdom               1115                within subheading ex 08.05 G , of the Common
                                                             Customs Tariff and originating in Turkey.
Whereas in order to take into account the import             2. Within this tariff quota, the Common Customs
trends for the product concerned in the Member
                                                             Tariff duty is suspended at 2-5 % .
States, the quota volume should be divided into two          3.    The new Member States shall apply within this
instalments, the first instalment being allocated to the     Community tariff quota, the customs duties calculated
Member States, and the second forming a reserve              in accordance with the relevant provisions of the Act
intended ultimately to cover the requirements of the         of Accession, in the Interior agreement and in Regula­
Member States, should their initial share be used up ;       tion (EEC) No 3375/73 :
whereas, in order to ensure a certain degree of security
to importers, the first instalment of the Community          4. This tariff quota shall be allocated and adminis­
quota should be determined at a relatively high level,       tered in accordance with the following provisions.
which under present circumstances could be approxi­
mately 80 % of the quota volume ;
                                                                                         Article 2
Whereas the initial shares may be used up sooner or          1.    The tariff quota referred to in Article 1 ( 1 ) shall
                                                             be divided into two instalments .
later ; 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           2. The first instalment, amounting to 17 700 metric
its initial share should draw an additional share from       tons, shall be shared amongst the Member States ; the
the reserve ; whereas this must be done as and when          shares which, subject to Article 5, shall be valid until
                                                             31 December 1974, shall be as follows ;
each of its additional shares in the quota is almost
entirely used up, and repeated as often as the reserve                   Germany             1 1 669 metric tons
allows ; whereas the initial and additional shares must                  Benelux               1 795 metric tons
be available for use until the end of the quota period ;                 France                1 451 metric tons
whereas this method of administration calls for close                    Italy                    45 metric tons
cooperation between the Member States and the                            Denmark                 472 metric tons
Commission, which must in particular be able to                          Ireland                 294 metric tons
observe the extent to which the quota volume is used                     United Kingdom 1 974 metric tons
up and inform the Member States thereof ;
                                                             3.    The second instalment, amounting to 4 000
                                                             metric tons, shall constitute the reserve .
Whereas if, at a specified date in the quota period, a
considerable balance remains in any Member State, it                                     Article 3
is essential that the Member State should return a
certain proportion thereof to the reserve, in order to        1.    If 90 % or more of any Member State s initial
avoid part of the Community quota remaining unused           share, as laid down in Article 2 (2) — or 90 % of that
 in one Member State when it could be used in others ;
                                                             share less the amount returned into the reserve, where
whereas, taking into account the seasonal nature of          Article 5 has been applied — has been exhausted, that
 imports, it seems appropriate to fix the transfer limit      Member State shall without delay, by notifying the
of 40 % of the initial share ;
                                                              Commission , draw a second share in the quota equal
                                                              to 15% of its initial share, rounded up to the next
                                                              unit where appropriate, to the extent that the amount
Whereas, since the Kingdom of Belgium , the                   in the reserve allows .
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the              2.    If after its initial share has been exhausted 90 %
 Benelux Economic Union , all transactions concerning         or more of the second share drawn by a Member State
 the administration of the shares granted to the above­       has been used , that Member State shall , in the manner
 mentioned Economic Union may be carried out by               provided for in paragraph 1 , draw a third share equal
one of its members,                                           to 7-5 % of its initial share .
 ---pagebreak--- 15 . 12 . 73                        Official Journal of the European Communities                           No L 345/9
3.    If after its second share has been exhausted            The Commission shall , not later than 5 November
90 % or more of the third share drawn by that                  1974, notify the Member Stes of the state of the
Member State has been used , it shall , in the manner          reserve after the return of shares pursuant to Article 5.
provided for in paragraph 1 , draw a fourth share equal
to the third .                                                The Commission shall ensure that any drawing which
                                                               uses up the reserve is limited to the balance available
This process shall be applied in like manner until the         and, for this purpose, shall specify the amount thereof
reserve is exhausted .                                         to the Member State which makes the final drawing.
4.     Notwithstanding the provisions of paragraphs 1 ,                                 Article 7
2 and 3, Member States may draw smaller shares than
those fixed in those paragraphs if there is reason to          1.    The Member States shall take all measures neces­
believe that those shares might not be used up. They           sary to ensure that supplementary shares drawn
shall inform the Commission of their reasons for               pursuant to Article 3 are opened in such a way that
applying this paragraph .                                      changes may be made without interruption against
                                                               their accumulative shares of the Community quota.
                         Article 4
                                                               2. The Member States shall ensure that importers
Additional shares drawn pursuant to Article 3 shall be         of the said products established in their territory have
valid until 31 December 1974.                                  free access to the shares allocated to them or' drawn
                                                               from the reserve .
                         Article 5
                                                               3 . The Member States shall charge imports of the
If, by 15 October 1974, a Member State has not used            said goods against their shares as and when the goods
                                                               are entered for home use .
up its initial share, it shall, not later than 31 October
 1974, return to the reserve the unused portion of this        4.     The extent to which a Member State has used up
share in excess of 40 % of the initial amount. It may          its share shall be determined on the basis of the
return a larger quantity if there are reasons to consider      imports charged in accordance with paragraph 3 .
that such quantity may not be used .
                                                                                        Article 8
The Member States shall , not later than 31 October
 1974, notify the Commission of the total imports of            Member States shall regularly inform the Commission
 the products concerned effected under the Commu­              of imports actually charged against their shares.
 nity quota up to 15 October 1974 inclusive and,
where appropriate, the proportion of their initial                                      Article 9
 shares that they are returning to the reserve .
                                                               The Member States and the Commission shall coop­
                          Article 6                             erate closely in order to ensure the correct application
                                                                of this Regulation .
The Commission shall keep account of the shares
 opened by Member States in accordance with Articles                                   Article 10
 2 and 3 , and shall inform each of them of the extent
 to which the reserve has been used as soon as it               This Regulation shall enter into force on 1 January
 receives the notifications .                                   1974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 10 December 1973 .
                                                                            For the Council
                                                                              The President
                                                                             I. N0RGAARD