31972R2831

58 Official Journal of the European Communities

31.12.72 Official Journal of the European Communities No L 298/31

REGULATION (EEC) No 2831 /72 OF THE COUNCIL

of 28 December 1972 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried nuts, shelled or not, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey

THE COUNCIL OF THE EUROPEAN COMMUNI­ assessed by reference both to the statistics TIES , relating to imports from Turkey over a repre­ sentative period, and to the economic outlook Having regard to the Treaty establishing the for the quota period concerned ; European Economic Community , and in partic­ Whereas during the last three years for which ular Articles 43 and 113 thereof; statistics are entirely available, imports from Having regard to the proposal from the Com­ each Member State correspond in relation to mission ; imports into the Community of the products in question originating in Turkey, to the per­ Having regard to the Opinion of the European centages indicated in the table below; whereas Parliament ; the incomplete information available for 1972 Whereas under Article 6 of the Additional does not enable meaningful percentages to be Protocol laying down the conditions, procedures produced , and all the less so as imports into the and timetables for implementing the tran­ Community of the products in question , in sitional stage pursuant to Article 4 of the particular those originating in Turkey, are Agreement establishing an association between carried out during the latter months of the the European Economic Community and Tur­ calendar year; whereas nothing, however, en­ key, the Community must suspend at a level of ables the patterns of trade, which this table 2-5% the common customs tariff duties applic­ reveals, to be slightly modified in 1972 : able to fresh or dried nuts , shelled or not , originating in Turkey, falling within subheading ex 08-05 G of the Common Customs Tariff, 1969 1970 1971 within the limit of a Community tariff quota of an overall annual volume of 18 700 metric Germany 70-43 73-03 74-47 tonnes; whereas the abovementioned Additional Protocol enters into force on 1 January 1973 Benelux 10-57 9-39 14-04 and whereas the abovementioned Community France 8-29 13-24 11-03 tariff quota should therefore be opened for 1973 ;

Italy 6-47 4-34 0-46 Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of Whereas , taking into account these data and the the rate laid down for that quota to all foreseeable development of the market of the imports of the products concerned into all product concerned during 1973 , and in partic­ Member States until the quota has been used ular the forecasts made by the Member States , up ; whereas , having regard to the principles mentioned above, the Community nature of the initial quota shares may be fixed approximately at the following percentages : quota can be respected by allocating the Com­ munity tariff quota among the Member States ; Germany 78-0 whereas , in order to reflect most accurately the Benelux 12-0 actual development of the market in the France 9*7 products concerned, such allocation shall be in proportion to the needs of the Member States , Italy 0-3 ;

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Whereas, in order to take into account the HAS ADOPTED THIS REGULATION : import trends for the products concerned in the Member States , the quota volume should be divided into twc instalments, the first instalment Article 1 being divided among Member States , and the second forming a reserve intended ultimately As from 1 January 1973 and 31 December 1973 to cover the requirements of the Member States the Common Customs Tariff duty applicable which have used up their initial quota share; to fresh or dried nuts , shelled or not, falling whereas in order to ensure a certain degree within subheading ex 08-05 G , originating in security to impcrters in each Member State, the Turkey, shall be suspended at a level of 2-5% first instalment of the Community quota should within the limit of a Community tariff quota be determined at a relatively high level which , of 18 700 metric tons . under present circumstances, may be 80% of the quota volume;

Whereas the initial quota shares of the Member Article 2 States may be used up at different times ; whereas in order to take this fact into account and to 1 . A first instalment, amounting to 14 960 avoid any break in continuity, it is important metric tons of this Community tariff quota that any Member State having used up almost shall be shared amongst the Member States ; the whole of its initial quota share should draw the proportions which, subject to Article 5 , an additional quota share from the reserve; shall be valid from 1 January 1973 to 31 Decem­ whereas this must be done by each Member ber 1973 shall consist of the following amounts State as and when each of its additional quota for the Member States : shares in the quota is almost entirely used up , and repeated £.s many times as the reserve Germany 11 669 metric tons allows; whereas the initial and additional quota Benelux 1 795 metric tons shares must be available for use until the end of the quota period; whereas this method of France 1 451 metric tons administration calls for close cooperation be­ Italy 45 metric tons tween Member States and the Commission , which must, in particular, be able to observe 2 . The second instalment, amounting to the extent to which the quota volume is used 3740 metric tons shall make up the reserve. and inform the Member States thereof;

Whereas if, at a specified date in the quota period, a considerable balance remains in one Article 3 or other Member State, it is essential that that Member State pays a large amount of it back 1 . If 90% or more of the initial share of a into the reserve, in order to avoid a part of the Member State, as laid down in Article 2 ( 1 ), or Community quota remaining unused in one 90% of that share less the amount returned into Member State when it could be used in others ; the reserve , where the provisions of Article 5 whereas taking into account the seasonal nature have been applied , has been exhausted, that of imports , it seems adequate to lay down the Member State shall proceed without delay, by transfer limit at 40% of the initial share ; notifying the Commission, to draw a second share in the quota equal to 15% of its initial Whereas since the Kingdom of Belgium, the share, rounded up to the next unit where Kingdom of the Netherlands and the Grand appropriate to the extent that the amount in Duchy of Luxembourg are united in one and the reserve allows . represented by the Benelux Economic Union in the apportionment of the tariff quota in question , 2 . If after its initial share has been exhausted , all transactions concerning the administration 90% or more of the second share drawn by a of the shares granted to the abovementioned Member State has been used, that Member Economic Union may be carried out by one of State shall proceed without delay, by notifying its Members ; the Commission , to draw a third share equal to 7-5% of its initial share, rounded up to the Whereas , since the tariff quota, concerned is next unit where appropriate, to the extent that to be valid unti . 31 December 1973 , the system the amount in the reserve allows . thus laid down may be modified in order to take account of the accession of new Member 3 . If, after its second share has been ex­ States . hausted, 90% or more of the third share drawn

60 Official Journal of the European Communities

by a Member State has been used, that Member Article 7 State shall proceed, pursuant to the provisions of paragraph 2, to draw a fourth share equal 1 . The Member States shall take all measures to the third . This process shall be applied until the reserve is exhausted . necessary to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible 4 . Notwithstanding the provisions of para­ for charges to be made, without interruption graphs 1 , 2 and 3 , Member States may proceed against their accumulated shares of the Com­ to draw smaller shares than those fixed in those munity tariff quota . paragraphs, if there is reason to believe that those shares might not be used up . They shall 2 . The Member States shall guarantee to inform the Commission of the reasons which importers of the products concerned established led them to apply, this paragraph. in their territory free access to the shares allocated to them .

3 . The Member States shall charge imports Article 4 of the products concerned against their shares in so far as such products have been presented for Customs clearance under cover of declarations The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1973 . that they have been made available for con­ sumption.

4 . The extent to which Member States ' Article 5 share have been used up shall be recorded on the basis of imports charged on the conditions laid down in paragraph 3 . If, by 15 October 1973 , a A-lember State has not used up its initial share, it shall, not later than 31 October 1973 , return to the reserve the unused portion of this share in excess of 40% of the initial amount. It may return a larger Article 8 quantity if there are reasons to consider that such quantity might not be used . Member States shall inform the Commission The Member States shall, not later than at regular intervals of imports of the products 31 October 1973 , notify the Commission of concerned actually charged against the shares . the total imports of the products concerned effected up to 15 October inclusive, and charged against the Community quota and, where appropriate, the proportion of their Article 9 initial share that is being returned to the reserve . The Member States and the Commission shall cooperate closely in order to ensure that the Article 6 aforegoing provisions are observed.

The Commission shall keep account of the shares opened by Member States in accordance Article 10 with Articles 2 and 3 shall inform each of them of the extent to which the reserve has been used as soon as it receives the notifications . The aforegoing provisions may be modified in The Commission shall, not later than 10 Novem­ order to take into account the situation arising from the accession of new Member States . ber 1973 notify Member States of the state of the reserve after the return of quota shares pursuant to Article 6. The Commission shall ensure that any drawing Article 11 which uses up one of the reserves is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member This Regulation shall enter into force on State which makes the final drawing. 1 January 1973 .

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This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 28 December 1972 .

For the Council The President

T. WESTERTERP