lagen.nu
31973R3376

31973R3376

CELEX
31973R3376
Datum
1973-12-10
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1974-12-31.

15 . 12 . 73 Official Journal of the European Communities No L 345 /7

REGULATION ( EEC) No 3376/ 73 OF THE COUNCIL of 10 December 1973 on the opening, allocation , and administration of a Community tariff quota for hazelnuts , falling within subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey

THE COUNCIL OF THE EUROPEAN lower than those applied by the new Member States COMMUNITIES , with reference to the Community as originally consti­ tuted ; whereas the reduction to be applied by the new Member States within the framework of the tariff Having regard to the Treaty establishing the European quota under consideration must therefore, in certain cases, be limited to 20 % ; Economic Community, and in particular Articles 43 and 1 1 3 thereof ;

Whereas it is in particular necessary to ensure to all Having regard to the proposal from the Commission ; importers of the Member States equal and uninter­ rupted access to the said quota and uninterrupted application of the rate laid down for that quota to all Having regard to the Opinion of the European Parlia­ imports of the products concerned into all Member ment : 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 under Article 1 of Council Regulation (EEC) whereas, to reflect most accurately the actual develop­ No 3375/73 (') of 10 December 1973 concerning the ment of the market in the products concerned, such importation into the Community of certain agricul­ allocation should be in proportion to the needs of the tural products originating in Turkey, the Community Member States, assessed by reference both to the statis­ must reduce by 37·5 % the duty applied to the import of fresh or dried hazelnuts, shelled or otherwise, tics relating to imports from Turkey over a representa­ tive period, and to the economic outlook for the quota falling within subheading ex 08.05 G of the Common Customs Tariff, within the limit of a Community period concerned ; tariff quota of 21 700 metric tons ; whereas this quota results from the adaptation , to take account of the Accession of the new Member States, of the Commu­ Whereas , on the basis of the statistics at present avail­ nity tariff quota of 18 700 metric tons laid down for able , which refer only to 1972 and the first few the Community as originally constituted in the Agree­ months of 1973, imports into the Member States ment establishing an Association between the Euro­ during 1972 of the product concerned originating in pean Economic Community and Turkey and in the Turkey represent the following percentages of total Additional Protocol ; whereas the Community tariff imports into the Community, whereas if the statistics quota concerned should therefore be opened for for the first few months of 1973 were extrapolated , the 1974 ; whereas the application of a 37·5 % reduction percentages for the whole year would be as follows : to the Common Customs Tariff duty would result in a quota duty of 2·5 % for the Community as originally Extrapolation constituted ; whereas, as regards the new Member States, it should be noted that Article 2 ( 1 ) and (3) of 1972 1973 the Interim Agreement bringing into force certain provisions of the Supplementary Protocol provides 70·60 60·85 Germany that the reductions of customs duties pursuant to the Benelux 1002 18·57 Association Agreement shall be applied by the new France 9·42 11·02 Member States from the entry into force of the Italy 0·38 0·28 Interim Agreement in the proportions and according Denmark 1·52 1·88 to the time limits laid down , that the rates on which Ireland 0·80 1·10 the new Member States shall base those reductions 7·26 6·30 United Kingdom shall be those which they apply at any given moment to non-member countries and that the rates fixed as a result of the reductions regarding the products listed, in particular, in Annex 6 to the Additional Protocol Whereas, taking into account these figures and the — and which include hazelnuts — may in no case be foreseeable development of the product concerned during 1974 and, in particular, the forecasts made by (') See page 1 of this Official Journal . some Member States , the initial shares may be fixed

No L 345/8 15 . 12 . 73 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : approximately at the following percentages :

Germany 65-93 Article 1 Benelux 10-14 France 8-20 1 . During the period from 1 January to 31 Italy 0-25 December 1974 a Community tariff quota of 21 700 Denmark 2-67 metric tons shall be opened in the Community for Ireland 1 - 66 fresh or dried hazelnuts, shelled or otherwise, falling United Kingdom 1115 within subheading ex 08.05 G , of the Common Customs Tariff and originating in Turkey.

2. Within this tariff quota, the Common Customs Whereas in order to take into account the import Tariff duty is suspended at 2-5 % . trends for the product concerned in the Member States, the quota volume should be divided into two 3 . The new Member States shall apply within this instalments, the first instalment being allocated to the Community tariff quota, the customs duties calculated Member States, and the second forming a reserve in accordance with the relevant provisions of the Act intended ultimately to cover the requirements of the of Accession , in the Interior agreement and in Regula­ Member States, should their initial share be used up ; tion (EEC) No 3375/73 : whereas, in order to ensure a certain degree of security to importers, the first instalment of the Community 4. This tariff quota shall be allocated and adminis­ quota should be determined at a relatively high level, tered in accordance with the following provisions . which under present circumstances could be approxi­ mately 80 % of the quota volume ; Article 2

1 . The tariff quota referred to in Article 1 ( 1 ) shall Whereas the initial shares may be used up sooner or be divided into two instalments . later ; whereas, in order to take this fact into account and to avoid any break in continuity, it is important 2. The first instalment, amounting to 17 700 metric that any Member State which has used up almost all tons, shall be shared amongst the Member States ; the its initial share should draw an additional share from shares which, subject to Article 5 , shall be valid until the reserve ; whereas this must be done as and when 31 December 1974, shall be as follows ; each of its additional shares in the quota is almost entirely used up, and repeated as often as the reserve 1 1 669 metric tons Germany allows ; whereas the initial and additional shares must Benelux 1 795 metric tons be available for use until the end of the quota period ; France 1 451 metric tons whereas this method of administration calls for close 45 metric tons Italy cooperation between the Member States and the Denmark 472 metric tons Commission, which must in particular be able to Ireland 294 metric tons observe the extent to which the quota volume is used United Kingdom 1 974 metric tons up and inform the Member States thereof ; 3 . The second instalment, amounting to 4 000 metric tons, shall constitute the reserve . Whereas if, at a specified date in the quota period , a considerable balance remains in any Member State , it Article 3 is essential that the Member State should return a certain proportion thereof to the reserve, in order to 1 . If 90 % or more of any Member State s initial avoid part of the Community quota remaining unused share, as laid down in Article 2 (2) — or 90 % of that in one Member State when it could be used in others ; share less the amount returned into the reserve, where whereas, taking into account the seasonal nature of Article 5 has been applied — has been exhausted, that imports, it seems appropriate to fix the transfer limit Member State shall without delay, by notifying the of 40 % of the initial share ; Commission , draw a second share in the quota equal to 15% of its initial share , rounded up to the next unit where appropriate , to the extent that the amount Whereas, since the Kingdom of Belgium , the in the reserve allows . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the 2 . If after its initial share has been exhausted 90 % Benelux Economic Union , all transactions concerning or more of the second share drawn by a Member State the administration of the shares granted to the above­ has been used , that Member State shall , in the manner mentioned Economic Union may be carried out by provided for in paragraph 1 , draw a third share equal one of its members, to 7-5 % of its initial share .

15 . 12 . 73 No L 345 / 9 Official Journal of the European Communities

3 . If after its second share has been exhausted The Commission shall , not later than 5 November 90 % or more of the third share drawn by that 1974, notify the Member Stes of the state of the Member State has been used , it shall , in the manner reserve after the return of shares pursuant to Article 5 . provided for in paragraph 1 , draw a fourth share equal The Commission shall ensure that any drawing which to the third . uses up the reserve is limited to the balance available This process shall be applied in like manner until the and, for this purpose, shall specify the amount thereof reserve is exhausted . to the Member State which makes the final drawing.

4. Notwithstanding the provisions of paragraphs 1 , Article 7 2 and 3 , Member States may draw smaller shares than those fixed in those paragraphs if there is reason to 1 . The Member States shall take all measures neces­ believe that those shares might not be used up . They sary to ensure that supplementary shares drawn shall inform the Commission of their reasons for pursuant to Article 3 are opened in such a way that applying this paragraph . changes may be made without interruption against their accumulative shares of the Community quota. Article 4 2. The Member States shall ensure that importers Additional shares drawn pursuant to Article 3 shall be of the said products established in their territory have valid until 31 December 1974 . free access to the shares allocated to them or' drawn from the reserve . Article 5 3 . The Member States shall charge imports of the said goods against their shares as and when the goods If, by 15 October 1974, a Member State has not used are entered for home use . up its initial share, it shall, not later than 31 October 1974, return to the reserve the unused portion of this 4. The extent to which a Member State has used up share in excess of 40 % of the initial amount. It may its share shall be determined on the basis of the return a larger quantity if there are reasons to consider imports charged in accordance with paragraph 3 . that such quantity may not be used . Article 8 The Member States shall , not later than 31 October 1974, notify the Commission of the total imports of Member States shall regularly inform the Commission the products concerned effected under the Commu­ of imports actually charged against their shares. nity quota up to 15 October 1974 inclusive and, where appropriate, the proportion of their initial Article 9 shares that they are returning to the reserve . The Member States and the Commission shall coop­ Article 6 erate closely in order to ensure the correct application of this Regulation . The Commission shall keep account of the shares opened by Member States in accordance with Articles Article 10 2 and 3 , and shall inform each of them of the extent to which the reserve has been used as soon as it This Regulation shall enter into force on 1 January receives the notifications . 1974 .

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

Done at Brussels , 10 December 1973 .

For the Council

The President

I. N0RGAARD