COUNCIL REGULATION (EEC) N° 4115/86 of 22 December  1986 on import into the Community of agricultural products in Turkey
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, by its Decision N° 1/80, the EEC-Turkey Association Council decided to abolish the customs  duties will applicable to imports into the Community of agricultural products originating in Turkey  which may not yet be imported into the Community free of customs duty;
Whereas in respect of such products:
(a)duties equivalent to or less than 2 % are to be abolished from 1 January 1981;
(b)duties of more than 2 % are to be abolished in four stages according to the following  timetable:
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(c)duties reaching a level of 2 % or less during the process of tariff dismantling are to be  abolished completely;
Whereas it is necessary to take measures for the fourth period beginning 1 January 1987;
Whereas, in the case of products for which Community rules require a certain import price to be  observed, application of the tariff preference is subject to observance of that price;
Whereas, for certain products, detailed rules of application have been established as regards  quantities of seasonal restrictions by the exchange of letters of 20 January 1981 between the  Community and Turkey(1), account having been taken of the interests of both parties;
Whereas the step-by-step elimination of the customs duties applied by the Community to imports  originating in Turkey does not conflict with the principles and machinery of the common  agricultural policy;
Whereas the elimination of customs duties by the Community, as provided for in Article 1 of this  Regulation, is subject to the observance of normal conditions of competition by Turkey;
Whereas, in accordance with Article 119 of the 1979 Act of Accession, the Community adopted Council  Regulation (EEC) N° 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 the adaptation protocols consequent on the enlargement of the Community have not yet been  concluded between the Community and Turkey; whereas, in accordance with Articles 179 and 366 of the  Act of Accession of Spain and Portugal, these Member States apply the most favoured nation  treatment to Turkey;
Whereas this Regulation therefore applies to the Member States other than Greece, Spain and  Portugal,
1.  Products originating in Turkey which are listed in Annex II to the EEC Treaty,  other than those listed in the Annex hereto, shall be put into free circulation in the Member  States other than Greece, Spain and Portugal free of customs duty.
2. Products originating in Turkey which are listed in the Annex hereto shall be put into free  circulation in the Member States other than Greece, Spain and Portugal at the levels of customs  duty indicated in each case.
1.  In case of products for which Community rules require a certain import price to be  observed, application of the preferential tariff shall be subject to observance of that price.
In the case of fishery products for which a reference price is fixed, application of the  preferential tariff shall be subject to observance of that reference price.
2.  For the purposes of the application of this Regulation, originating products means products  fulfilling the conditions laid down in Association Council Decision N° 4/72 annexed to Regulation (EEC) N° 428/73(1), as amended by Decision N° 1/75 annexed to  Regulation (EEC) N° 1431/75(2).
3.  The methods of administrative cooperation for ensuring that imports of the products referred to  in Article 1 benefit from the reduced customs duties shall be those laid down in Association Council  Decision N° 5/72 annexed to Regulation (EEC) N° 428/73, as last amended by Decision N° 1/78 annexed  to Regulation (EEC) N° 2152/78(3).
1.  The reduction of customs duties by the Community as provided for in Article 1 shall  be subject to observance by Turkey of the normal conditions of competition defined in Articles 43  to 47 of the Additional Protocol; if a given product is found to have been the subject of dumping,  aids or measures incompatible with the principles set out in the Articles referred to, the  Community may, without prejudice to the other provisions of those Articles, reimpose the full duty  on imports of that product into the Community until such time as the dumping, aids or other  measures have been discontinued.
2.  The procedure applicable for implementing para- graph 1 shall be that stipulated in Council Regulation (EEC) N° 1842/71 of 21 June 1971 on the protective measures provided for in the Additional Protocol  to the Agreement of Association between the European Economic Community and Turkey and in the  Interim Agreement between the European Economic Community and Turkey(4), without prejudice to the  procedures defined in the Articles mentioned in paragraph 1.
3.  In the event of disturbances or the threat of disturbances on the Community market resulting  either from quantities or prices of exports of products originating in Turkey for which customs  duties have been removed, consultations shall be held in the Association Council as soon as  possible, without prejudice to the application, in the event of an emergency, of measures provided  for in Community legislation.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
It shall apply from 1 January 1987.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.