CELEX: 51977PC0084
Language: en
Date: 1977-03-18
Title: Proposal for a COUNCIL REGULATION (EEC) 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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 84
Vol. 1977/0033
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(77)84 final.  final .
                                             Brussels , 18 "arch 1977
                        Proposal for a
                   COUNCIL PECULATION (EEC )
   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
        ( submitted to the Council "by the Commission)
   CCM(77 ) 84  f mal .
 ---pagebreak---                          Explanatory memorandum
1 . Article 5C1 ) of Council Regulation ( EEC ) No .../ 77 of             1977
     on imports into the Community of certain agricultural products origi-
                       1
     nating in Turkey , which will probably enter into force on 1 May 1977 ,
     provides for the opening , for fresh or dried hazelnuts , shelled or
     otherwise , falling within subheading ex 08.05 G of the Common Customs
     Tariff , originating in Turkey , of an annual Community quota of
     25 000 tonnes at a duty of 2.5% .    Paragraph 2 of the said Article
     also stipulates that the pro rata temporis clause is applicable
     if the quota is not opened for a whole year .
     Under Article 2 of the Interim Agreement concluded pending the entry
     into force of the Additional Protocol signed at Ankara on 30 June
          2
     1973 , the reduction to be applied under the tariff quota in question
     by the new Member States must be limited to the reduction- granted by
     the latter vis- a - vis the Community as originally constituted .
2 . The purpose of this proposal is to open the quota in question for
     1977 as stipulated above , and to replace Regulation ( EEC ) No 3055 / 76
     of 9 December 1976^ on the quota of 21 700 tonnes opened for these
     products .
3 . The provisions which it contains ( quota rights , amounts of instal­
     ments , allocation among the Member States , the procedures for
     drawing quota shares from and returning unused portions to the
     reserve , the threshold for returning unused portions to the reserve
     and the method of administration ) are identical to those adopted in
     Regulation ( EEC ) No 3055/ 76 . The raising of the quota volume from
     21 700 to 25 000 tonnes and the repeal of Regulation ( EEC ) No 3055 / 76
     has necessitated certain changes in the enacting terms and in
1
  0 J No !.••••/ •■••••••/ p • ••••
20J No L 277, 3.10.1973, p. 2
30J No L 350, 20.12.1976, p. 111
 ---pagebreak--- particular the obligation to deduct the quantities charged under
the initial Regulation from the new quota shares and from the new
Community reserve .
In addition , in order to facilitate the checks which the Commission
must effect under the treaties , Article 10 of the proposal requires
Member States to forward to the Commission within a certain period
determined by the Commission a copy or photocopy of the provisions
which they have made concerning this tariff measure .
 ---pagebreak---                            Proposal for
               COUNCIL REGULATION ( EEC )
       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 ,
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 Article 5(1 ) of Council Regulation ( EEC ) No ... 177 of          1977
on imports into the Community of certain agricultural products originating
           1
in Turkey , which enters into force on 1 May 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 hazelnuts , shelled or otherwise ,
falling within subheading ex 08.05 G of the Common Customs Tariff , origi­
nating in Turkey ;    whereas under paragraph 2 of the said Article , the
pro rata temporis clause is applicable ;      whereas by its Regulation ( EEC )
             2
No 3055 / 76 , the Council opened and allocated among the Member States ,
for 1977 , for the products in question originating in Turkey , a Community
tariff quota of 21 700 tonnes at a duty rate of 2.5% ;      whereas , for
the period from 1 May to 31 December 1977 , the volume of the tariff
quota is fixed at 23 900 tonnes ;     whereas , with regard to the customs
duty applicable in the new Member States , it should be noted that
Article 2 of the Interim Agreement concluded pending the entry into
force of the Additional Protocol signed at Ankara on 30 June 1973^,
1
  0 J No L m **» ■•■••••• 1977^ p •
  0J No L 350, 20.12.1976, p . 111
30J No L 277, 3.10.1973. p . 2 .
 ---pagebreak--- lays down that the reductions in customs duties
which are provided pursuant to the Association
Agreement shall be applicable in the new Member
States in accordance with the percentages ana
timetable laid down , upon the entry into force
of that Agreement ; whereas the rates to which
the new Member States shall apply those reduc­
tions shall be those which they apply at any
given moment to non- member countries
 and whereas                       that the rates fixed as
  a result of the reductions regarding the products
  listed, in particular, in Annex 6 to the Additional
  Protocol – and whidi include hazelnuts             may in -
  no case be lower than those applied iby the new
  Member States with reference to the Community as
  originally constituted; whereas the reduction to be
   applied by the new Member States within the frame­
   work of the tariff quota under consideration ' must
   therefore, in certain cases, foe Limited to 80% ;
  whereas , consequently, the tariff quota in
 question        should be opened as laid down above
  for 1977        and provision should be made for
  charging        against this quota the quantities
  inported        from 1 January to 30 April 1977
  and charged to the quota opened by Regulation
  ( EEC ) No 3055 / 76 .
   Whereas it is in particular necessary to guarantee all
   importers of the Member States equal and uninter­
   rupted access to the said quota and umnterrupted
   application of the rate laid down for that quota_ to
   all imports of the products concerned into t he
    Member States until the quota has been used p,
    whereas having regard to the aW principles, the
    Community nature of the quota can be respected by
    allocating the Community tariff quota among the
    Member States; whereas, to reflect most acCT"f"J
    the actual development of the market in the .products
    concerned, such allocation should be <n proportion
    to the needs of the Member States, assessed by
    reference both to tihe statistics relating to imports
     from Turkey over a representative period, and to the
     economic outlook for the quota period concerned,
           . .2
     Whereas, on the basis of the sta.ristics at ,present
      available, imports into the Member States in 1973
      1974 and 1975 of the product concerned originating
   ■ in Turkey have developed as follows and represent
      the following percentages of total imports into the
      Community:
 ---pagebreak---                                                       1973                     1974                Wi
                                            tonnes          %        tonnes          %    tonnes        %
                Germany                       39 133       70 - 16      34 515      64-29  35 154      65-47
                Bénélux                         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
                                               55 774                   53 688             53 694-5
Whereas, taking into account these figures and the                 be availaible for use until she end of the quota period;
foreseeable development of the product concerned                   whereas this (method of administration calils for close
during 1977 and, in particular, the forecasts made by              cooperation between the Member States aird the
some Member States, the initial shares may be fixed                Commission, which must in particular ibe able to
approximately at the following percentages:                        observe the extent to which the quota volume is used
                                                                   up and inform the Member States thereof;
          Germany                           65-93
          Bénélux                           10-14
                                                                   W'hereas if, at a specified date tin tihe quota period,
          France                              8-20
                                                                   a considerable qu ant i t y of the initial
          Italy                               0-25                   quota share             remains in any Member State,
          Denmark                             2-67                 it is essential that the Member State should return
          Ireland                             1-66
                                                                   a certain proportion thereof to the reserve, in order
                                                                   to avoid part of the Community quota remaining
          United Kingdom                     11-15                 unused in one Member State when it could be used
                                                                    in others; whereas, talcing into account the seasonal
                                                                    nature of imports, it seems appropriate to fix the
 Whereas in order to take into account the import                    quantity which may be returned at
                                                                     40% of the initial share ;
 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 second forming a reserve                     Whereas, since the Kingdom of Belgium, the Kingdom
 intended ultimately to cover the requirements of the               of the Netherlands and the Grand Duchy of Luxem­
 Member States, should their initial share be used up;              bourg are united in and represented by the Benelux
 whereas, in order to ensure a certain degree of                    Economic Union, any measure concerning the
 security to importers, the first instalment of the Com­            administration of the quota shares allocated to that
 munity quota should be determined at a relatively                  economic union may be carried out by any of its
 high level, which under present circumstances could                 members,
 be approximately 80% of the quota volume;
 Whereas the initial shares may be. used up sooner or                HAS ADOPTED THIS REGULATION :
  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 allmost all
  its initial share should draw an additional share from                                     Article Î
  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             1.                   Until 31 December 1977, a Com­
  allows; whereas the initial and additional shares must             munity tariff quota of 23. 900 tonnes shall be
                                                                     opened in the Community for fresh or dried hazel­
                                                                     nuts, shelled or otherwise, falling within subheading
 ---pagebreak---                            - 5 -
                             Article 3
    1 . If 90% or more of any Member State's initial quota
    share, as laid down in Article 2 ( 2 ), or 90% of that quota
    share less the amount returned into the reserve , where
    Article 5 has been applied, has been exhausted , that
    Member State shall without delay , by notifying the
    Commission , draw a second share from the quota equal
    to 15% of its initial quota share , rounded up to the next
    unit w'here appropriate, to the extent that the amount
     in the reserve allows .
                            quota
    2. If after its initial/ share has been exhausted 90%
     or more of the second quota share drawn by that 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 quota Share .
                             quota
    3 . If after its second share 'has 'been exhausted 90%
    or more of the third       quota share drawn by that Member
   State has been tts^d, it shall, in the manner provided
   for in paragraph 1 , draw a fourth .share equal to the
                   '                     quota
   This process shall be applied until the reserve is
   exhausted .
   4. Notwithstanding the provisions of paragraphs 1 ,
   2 and 3 , Member States may draw smaller quota shares
   than those fixed in those paragraphs if there is reason
   to believe that those shares might not be used up.
   They shall inform the Commission of their reasons
   for applying this paragraph.
                             Article 4
   Each of the additional ' shares drawn pursuant to
   Article 3 shall be valid until 31 December 1977.
                             Article S
  Member States shall return to the reserve, not later
  than 1 October 1977, the unused portion of their in i 1 1 a L
quota share which , on 15 September 1977, is in
  excess of 40% of the initial amount. They may return
  a greater portion if there are grounds for believing
  that such portion may not be used in full .
  The Member States shall, not later than 1 October
  1977, notify the Commission of the total imports of
  the products concerned effected under the Com­
  munity quota up to 15 September 1977 inclusive
  and, where appropriate, the proportion of their initial quota
  shares that they are returning to the reserve.
 ---pagebreak---                               - 6 -
                             Article 6
                                            t
    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.
    The Commission shall, not later than 5 October 1977,
    notify the Member States of the state of the reserve
    after the return at shares pursuant to Article 5.
    The Commission shalll ensure that any drawing which
    uses up die reserve is limited to the ba/lanoe available
    and, for this purpose, shall specify the amount there­
    of to the Member State which makes the final
    drawing.
                              Article 7
     1. The Member States shall take all measures
     necessary to ensure that supplementary shares drawn
     jjureuant to Article 3 are opened in such a way tha
     dirges may be made without interruption against
      their accumulative shares of the Community quota.
      2 The Member States shall ensure that importers
      of the said products established iatheirterr.toryhave
      free  access to the/shar^ allocated to them or drawn
       from the reserve. c'uo
       3 The Member States shall charge imports of the
       said goods against their^hares as and when the goods
       are entered for home us^QUOta
        4 The extent to which a Member State has used up It S
  auota share shall be determined on the basis of the
        imports charged in accordance wwh paragraph 3.
                                 Article 8
         On receipt of a request from the Commission,
         Member States shall inform it of imports of the
         products in question actually charged against its quota
         shares.
                                  Article 9
          The Member States and the Commission shall
          cooperate closely in order to ensure the correct
          application of this Regulation.
I
I
 ---pagebreak---                                      - 7 -
                              Article 10
            The Member States shall forward to the Commission ,
           within the 45 days of the publication of this
            Regulation in the Official Journal of the European
            Communities , a copy or : photocopy of the provisions
            they have made in order to apply this Regulation .
                              Article 11
            Council Regulation ( EEC ) No 3055/ 76 of 9 0-ecember
            1977 is repealed at the entry into force of this
            Regulation .
                              Article 12
           This Regulation shall enter into force on 1 May 1977 .
This Regulation shall be* binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                For the Council
                                                                 The President .