Council Regulation (EEC) No 3597/84 of 18 December 1984 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 (1985)

COUNCIL  REGULATION (EEC) No 3597/84
of 18 December 1984
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 (1985)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Annex to Council Regulation (EEC) No 3590/82 of 21 December 1982 on imports into the Community of agricultural products originating in Turkey (1) provides that fresh or dried hazelnuts, shelled or not, falling within subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey are admitted on importation into the Community at zero duty, within the limit of a Community tariff quota of 25 000 tonnes; whereas the Community tariff quota concerned should therefore be opened for 1985;
Whereas, in accordance with Article 119 of the 1979 Act of Accession, the Community adopted Council Regulation (EEC) No 3555/80 of 16 December 1980 determining the arrangements to be applied with regard to imports into Greece originating in Algeria, Israel, Malta, Morocco, Portugal, Syria, Tunisia or Turkey (2); whereas this Regulation therefore applies to the Community of Nine;
Whereas it is in particular necessary to ensure equal and uninterrupted access for all Community importers to the abovementioned quota, and uninterrupted application of the rates laid down for this quota to all imports of the products concerned into the Member 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 Community tariff quota among the Member States; whereas, in order to reflect most accurately the actual development of the market in the products in question, such allocation should be in proportion to the requirements of the Member States, 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 for the quota period concerned;
Whereas on the basis of the currently available statistical data imports of the product in question from Turkey into the Member States have developed as follows over the years 1981, 1982 and 1983; whereas they represent the following percentage of the total imports into the Community from Turkey:
1.2,3.4,5.6,7 //   // 1981  // 1982  // 1983 1.2.3.4.5.6.7 //   //   //   //   //   //   //   // Member States  // Tonnes  // %  // Tonnes  // %  // Tonnes  // %  //  //   //   //   //   //   //   // Benelux  // 5 374  // 7,85  // 7 017  // 9,40  // 6 332  // 9,37  // Denmark  // 785  // 1,15  // 1 183  // 1,58  // 1 249  // 1,85  // Germany  // 47 778  // 69,80  // 49 562  // 66,37  // 45 649  // 67,58  // France  // 8 889  // 13,00  // 9 529  // 12,76  // 7 786  // 11,53  // Ireland  // 92  // 0,13  // 50  // 0,07  // 30  // 0,04  // Italy  // 823  // 1,20  // 2 533  // 3,39  // 746  // 1,10  // United Kingdom  // 4 705  // 6,87  // 4 798  // 6,44  // 5 760  // 8,53  //   //   //   //   //   //   //  // Total  // 68 446  //   // 74 672  //   // 67 552  //   // 1980, p. 1.
Whereas, in view of these factors, and of market forecasts for the products concerned and in particular of the estimates submitted by certain Member States, initial quota shares may be fixed for 1985 at approximately the following percentages:
Benelux 8,89
Denmark 1,53
Germany 67,87
France 12,44
Ireland 0,08
Italy 1,95
United Kingdom 7,24
Whereas, to take into account import trends for the products concerned in the various Member States, the quota amount should be divided into two instalments, the first being allocated among the Member States and the second held as a reserve intended to cover at a later date the requirements of Member States who have used up their initial share; whereas, in order to guarantee some degree of security to importers in each Member State, the first instalment of the Community quota should be fixed at a level which could, in the present circumstances, be 84 % of the quota volume;
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 share should draw an additional share from the reserve; whereas this should be done by each Member State each time one of its additional shares is almost used up, and so on as many times as the reserve allows; whereas the initial and additional shares must be valid until the end of the quota period; whereas this form of administration requires close collaboration between the Member States and the Commission, and the Commission must be in a position to follow the extent to which the quota volume has been used up and inform the Member States thereof;
Whereas, if at a given date in the quota period a substantial quantity of its initial share remains unused in any Member State, it is essential that it should return a significant proportion thereof to the reserve, to prevent 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 imports, it seems appropriate to fix the transfer limit at 40 % of the initial share;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of the shares allocated to that economic union may be carried out by any one of its members,