CELEX: 31986R4126
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4126/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or not, falling within subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey (1987)

31 . 12 . 86                                 Official Journal of the European Communities                            No L 380 / 49
                                             COUNCIL REGULATION ( EEC ) No 4126 / 86
                                                           of 22 December 1986
                    opening, allocating and providing for the administration of a Community tariff quota for
                    fresh or dried hazelnuts, shelled or not, falling within subheading ex 08.05 G of the
                                         Common Customs Tariff and originating in Turkey ( 1987)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Portugal , the Community must take the measures referred
                                                                         to in Articles 180 and 367 of that Act ; whereas the tariff
                                                                         measure in question applies therefore to the Community of
 Having regard to the Treaty establishing the European                   Nine ;
 Economic Community , and in particular 113 thereof,
 Having regard to the proposal from the Commission ,                     Whereas it is in particular necessary to ensure equal and
                                                                         uninterrupted access for all Community importers to the
                                                                         abovementioned quota , and uninterrupted application of
Whereas the Annex to Council Regulation ( EEC )                          the rates laid down for this quota to all imports of the
No 3721 / 84 of 18 December 1984 on imports into the                     products concerned into the Member States until the quota
Community of agricultural products originating in                        has been used up ; whereas , having regard to the above
Turkey ( J ) provides that fresh or dried hazelnuts , shelled or         principles , the Community nature of the quota can be
not , falling within subheading ex 08.05 G of the Common                 respected by allocating the Community tariff quota among
Customs Tariff and originating in Turkey are admitted on                 the Member States ; whereas , in order to reflect most
importation into the Community at zero duty , within the                 accurately the actual development of the market in the
limit of a Community tariff quota of 25 000 tonnes ;                     products in question , such allocation should be in
whereas the Community tariff quota concerned should                      proportion to the requirements of the Member States ,
therefore be opened for 1987 ;                                           assessed by reference to both the statistics relating to
                                                                         imports of the said products from Turkey over a
                                                                         representative reference period and the economic outlook
Whereas , in accordance with Article 119 of the Act of                   for the quota period concerned ;
Accession of Greece , the Council adopted Regulation
( EEC ) No 3555 / 80 determining the arrangements to be
applied with regard to imports into Greece originating in
Algeria , Israel , Malta , Morocco , Portugal , Syria , Tunisia          Whereas on the basis of the currently available statistical
or Turkey ( 2 );                                                         data imports of the product in question from Turkey into
                                                                         the Member States have developed as follows over the years
                                                                         1983 , 1984 and 1985 ; whereas they represent the
Whereas in the absence of a Protocol as provided for in                  following percentage ol the total imports into the
Articles 179 and 366 of the Act of Accession of Spain and                Community from Turkey :
                                                             1<U3                   1984                   1985
                           Member States
                                                      Tonnes        %        Tonnes        %        Tonnes        %
               Benelux                                 6 332       9,37       6 815       8,36       5 266       7,10
               Denmark                                 1 249       1,85         999       1,23         792       1,07
               Germany                                45 649      67,58      53 831      66,06      47 224      63,65
               France                                  7 786      11,53       9 013      11,06       9 416      12,69
               Ireland                                    30       0,04          22       0,03          28       0,03
               Italy                                     746       1,10       2 904       3,56       5 206       7,02
               United Kingdom                          5 760       8,53       7 901       9,70       6 264       8,44
                                       Total          67 552                 81 485                 74 196
(») OJ No L 343 , 31 . 12 . 1984 , p . 6 .
( 2 ) OJ No L 382 , 31 . 12 . 1980 , p . 1 .
 ---pagebreak--- No L 380 / 50                             Official Journal of the European Communities                                    31 . 12 . 86
Whereas, in view of these factors , and of market forecasts          close collaboration between the Member States and the
for the products concerned and in particular of the                  Commission , and the Commission must be in a position to
estimates submitted by certain Member States , initial quota         follow the extent to which the quota volume has been used
shares may be fixed for 1987 at approximately the                    up and inform the Member States thereof;
following percentages :
        Benelux                                     8,24             Whereas , if at a given date in the quota period a substantial
        Denmark                                     1,60             quantity of its initial share remains unused in any Member
        Germany                                    65,60             State , it is essential that it should return a significant
        France                                     12,19             proportion thereof to the reserve , to prevent part of the
        Ireland                                     0,03             Community quota remaining unused in one Member State
        Italy                                       3,43             when it could be used in others; whereas , taking into
        United Kingdom                              8,91             account the seasonal nature of imports , it seems
                                                                     appropriate to fix the transfer limit at 40 % of the initial
Whereas, to take into account import trends for             the      share;
products concerned in the various Member States ,           the
quota amount should be divided into two instalments,        the      Whereas , since the Kingdom of Belgium , the Kingdom of
first being allocated among the Member States and           the      the Netherlands and the Grand Duchy of Luxembourg are
second held as a reserve intended to cover at a later date the
                                                                     united within and jointly represented by the Benelux
requirements of Member States who have used up their                 Economic Union , all transactions concerning the
initial share; whereas , in order to guarantee some degree of        administration of the shares allocated to that economic
security to importers in each Member State , the first
                                                                     union may be carried out by any one of its members ,
instalment of the Community quota should be fixed at a
level which could , in the present circumstances , be
approximately 81 % of the quota volume ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the initial shares of the Member States may be
used up at different rates ; whereas , in order to take this
into account and to avoid a break in continuity , any
Member State which has used up almost all of its initial                                         Article 1
share should draw an additional share from the reserve;
whereas this should be done by each Member State each                1 . From 1 January to 31 December 1987 , the Common
time one of its additional shares is almost used up , and so         Customs Tariff duty on the following product imported in
on as many times as the reserve allows ; whereas the initial         the Community of Nine , shall be suspended at the level and
and additional shares must be valid until the end of the             within the limit of a Community tariff quota as shown
quota period ; whereas this form of administration requires          herewith :
                   CCT                                                                           Amount of            Rate of
     Order
                  heading                              Description                              tariff quota            duty
       No
                    No                                                                           ( in tonnes )        ( in % )
    09.0201     ex 08.05 G     Fresh or dried hazelnuts , shelled or not , originating in
                               Turkey                                                               25 000                0
2 . Imports of the product in question benefiting from               2 . A first instalment amounting to 24 000 tonnes shall be
the same customs duties under preferential arrangements              shared among the Member States ; the shares , which subject
shall not be charged against this tariff quota .                     to Article 5 shall be valid until 31 December 1987 , shall be
                                                                     as follows :
3 . This Community tariff quota shall be allocated and
                                                                                                                     (tonnesJ
administered in accordance with the following provisions .
                                                                             Benelux                                    1 680
                                                                             Denmark                                       326
                                                                             Germany                                 13 384
                            Article 2                                        France                                    2 486
                                                                             Ireland                                           6
 1 . The Community tariff quota referred to in Article 1(1 )                 Italy                                         700
shall be divided into two instalments .                                      United Kingdom                             1 818
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                               No L 380 / 51
3 . The second instalment amounting to 4 600 tonnes shall                                       Article 6
constitute the reserve :
                                                                     The Commission shall keep an account of the shares
                                                                     opened by Member States pursuant to Articles 2 and 3 and ,
                                                                     as soon as it has been notified , shall inform each Member
                            Article 3                                State of the extent to which the reserve has been used up .
1 . If 90 % or more of a Member State's initial share , as
specified in Article 2 ( 2 ), or of that share less the portion      It shall notify the Member States , not later than 5 October
returned to the reserve where Article 5 has been applied ,           1987 , of the state of the reserve after quantities have been
has been used up , that Member State shall , without delay ,         returned thereto pursuant to Article 5 .
by notifying the Commission , draw a second share equal to
10 % of its initial share , rounded up where necessary to the
next whole number , in so far as the amount in the reserve           It shall ensure that the drawing which uses up the reserve is
allows .                                                             limited to the balance available and , to this end , shall
                                                                     specify the amount thereof to the Member State making the
                                                                     final drawing .
2 . If, after its initial share has been used up , 90 % or
more of the second share drawn by a Member State has
been used up , that Member State shall , in accordance with
the conditions laid down in paragraph 1 , draw a third                                          Article 7
share equal to 5 % of its initial share .
                                                                     1 . Member States shall take all measures necessary to
                                                                     ensure that additional shares drawn pursuant to Article 3
3 . If, after its second share has been used up , 90 % or            are opened in such a way that imports may be charged
more of the third share drawn by a Member State has been             without interruption against their aggregate shares in the
used up , that Member State shall , in accordance with the           Community quota .
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
                                                                     2 . Member States shall ensure that importers of the
The process shall continue to apply until the reserve is used        products have free access to the shares allocated to them or
                                                                     which they have taken from the reserve .
up .
4 . Notwithstanding paragraphs 1 , 2 and 3 , Member                  3 . The Member States shall charge the imports of the
States may draw smaller shares than those fixed in these             products concerned against their shares as and when the
paragraphs if there is reason to believe that those fixed            products are entered with customs authorities for free
might not be used up . They shall inform the Commission              circulation .
of their grounds for applying this paragraph .
                                                                     4 . The extent to which a Member State has used up its
                                                                     shares shall be determined on the basis of the imports
                            Article 4                                charged in accordance with paragraph 3 .
The additional share drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
                                                                                                Article 8
                                                                     At the request of the Commission , Member States shall
                            Article 5
                                                                     inform it of imports actually charged against their shares .
Member States shall return to the reserve , not later than
1 October 1987 , the unused portion of their initial shares
which on 15 September 1987 is in excess of 40 % of the
                                                                                                Article 9
initial amount . They may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .                                                       The Member States and the Commission shall collaborate
                                                                     closely in order to ensure that this Regulation is
                                                                     observed .
Member States shall notify the Commission , not later than
1 October 1987 , of the total imports of the products
concerned effected under the Community quotas up to and
including 15 September 1987 and , where appropriate , the                                      Article 10
proportion of their initial share that they are returning to
the reserve .                                                        This Regulation shall enter into force on 1 January 1987 .
 ---pagebreak--- No L 380 / 52                       Official Journal of the European Communities                     31 . 12 . 86
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 22 December 1986 .
                                                                                For the Council
                                                                                 The President
                                                                                   G. SHAW