31974R3294
No L 353/40 Official Journal of the European Communities 30 . 12 . 74
REGULATION (EEC ) No 3294/74 OF THE COUNCIL of 19 December 1974 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, originating in Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES, shall be those which they apply at any given moment to non-member countries and that the rates fixed Having regard to the Treaty establishing the as a result of the reductions regarding the products European Economic Community, and in particular listed, in particular, in Annex 6 to the Additional Articles 43 and 113 thereof; Protocol — and which include hazelnuts — may in no case be lower than those applied by the new Having regard to the proposal from the Commission ; Member States with reference to the Community as originally constituted ; whereas the reduction to be applied by the new Member States within the Having regard to the Opinion of the European framework of the tariff quota under consideration Parliament (1 ); must therefore, in certain cases, be limited to 40% ;
Whereas under Article 1 of Council Regulation (EEC ) No 3375 /73 (2 ) of 10 December 1973 concerning the importation into the Community of Whereas it is in particular necessary to ensure to certain agricultural products originating in Turkey, all importers of the Member States equal and the Community must reduce by 37-5% the duty uninterrupted access to the said quota and applied to the import of fresh or dried hazelnuts, uninterrupted application of the rate laid down for shelled or otherwise, falling within subheading ex that quota to all imports of the products concerned 08.05 G of the Common Customs Tariff, within the into all Member States until the quota has been limit of a Community tariff quota of 21 700 metric used up ; whereas having regard to the above tons ; whereas the Community tariff quota concerned principles, the Community nature of the quota can should therefore be opened for 1975 ; whereas the be respected by allocating the Community tariff application of a 37-5% reduction to the Common quota among the Member States ; whereas, to reflect Customs Tariff duty would result in a quota duty most accurately the actual development of the of 2-5% for the Community as originally constituted; market in the products concerned , such allocation whereas, as regards the new Member States, it should should be in proportion to the needs of the Member be noted that Article 2 ( 1 ) and (3 ) of the Interim States, assessed by reference both to the statistics Agreement bringing into force certain provisions of relating to imports from Turkey over a representative the Supplementary Protocol provides that the period, and to the economic outlook for the quota reductions of customs duties pursuant to the period concerned ; Association Agreement shall be applied by the new Member States from the entry into force of the Interim Agreement in the proportions and according to the time limits laid down, that the rates on which Whereas, on the basis of the statistics at present the new Member States shall base those reductions available, imports into the Member States in 1971 , 1972 and 1973 of the product concerned originating in Turkey have developed as follows and represent the following percentages of total imports into the H OJ No C 140, 13 . 11 . 1974, p. 9 . (2 ) OJ No L 345 , 15 . 12 . 1973 , p. 1 . Community :
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1971 1972 1973 metric tons in % metric tons in % metric tons in %
Germany 24 166 65-88 36 776 70-59 39 133 72-66 Benelux 4.557 12-42 5 220 10-02 3 323 6-17 France 3 581 9-76 4 906 9-42 6 170 11-45 Italy 148 0-40 197 0-38 150 0-28 Denmark 854 2-33 795 1-53 975 1-81 Ireland 177 0-48 424 0-81 201 0-37 United Kingdom 3 200 8-73 3 777 7-25 3 910 7-26 36 683 52 095 53 862
Whereas, taking into account these figures and the the Member States and the Commission, which must foreseeable development of the product concerned in particular be able to observe the extent to which during 1975 and, in particular, the forecasts made the quota volume is used up and inform the Member by some Member States, the initial shares may be States thereof ; fixed approximately at the following percentages :
Germany 65-93 Whereas if, at a specified date in the quota period, Benelux 10-14 a considerable balance remains in any Member State, it is essential that the Member State should France 8-20 return a certain proportion thereof to the reserve, Italy 0-25 in order to avoid part of the Community quota remaining unused in one Member State when it Denmark 2-67 could be used in others ; whereas, taking into account Ireland 1-66 the seasonal nature of imports, it seems appropriate to fix the transfer limit of 40% of the initial share; United Kingdom 11-15
Whereas, since the Kingdom of Belgium, the Whereas in order to take into account the import Kingdom of the Netherlands and the Grand Duchy trends for the product concerned in the Member of Luxembourg are united in and represented by States, the quota volume should divided into two the Benelux Economic Union, all transactions instalments , the first instalment being allocated to concerning the administration of the shares granted the Member States, and the second forming a reserve to the abovementioned Economic Union may be intended ultimately to cover the requirements of carried out by any of its members, the Member States, should their initial share be used up; whereas, in order to ensure a certain degree of security to importers, the first instalment of the Community quota should be determined at a relatively high level, which under present HAS ADOPTED THIS REGULATION : circumstances could be approximately 80% of the quota volume ;
Article1¶
Whereas the initial shares may be used up sooner or later ; whereas, in order to take this fact into 1 . During the period from 1 January to account and to avoid any break in continuity, it is 31 December 1975 a Community tariff quota of important that any Member State which has used 21 700 metric tons shall be opened in the Community up almost all its initial share should draw an for fresh or dried hazelnuts, shelled or otherwise, additional share from the reserve ; whereas this must be done as and when each of its additional shares falling within subheading ex 08.05 G, of the Common Customs Tariff, originating in Turkey. in the quota is almost entirely used up, and repeated as often as the reserve allows ; whereas the initial and additional shares must be available for use until the end of the quota period ; whereas this method of 2. Within this tariff quota, the Common Customs administration calls for close cooperation between Tariff duty is suspended at 2-5% .
No L 353 /42 Official Journal of the European Communities 30 . 12 . 74
3 . The new Member States shall apply within this This process shall be applied until the reserve is Community tariff quota, the customs duties exhausted . calculated in accordance with the relevant provisions of the Act of Accession, in the Interim 4. Notwithstanding the provisions of paragraphs 1 , Agreement and in Regulation (EEC) No 3375 /73 . 2 and 3 , Member States may draw smaller shares than those fixed in those paragraphs if there is 4. This tariff quota shall be allocated and reason to believe that those shares might not be used administered in accordance with the following up . They shall inform the Commission of their provisions . reasons for applying this paragraph.
Article4¶
Additional shares drawn pursuant to Article 3 shall 1 . The tariff quota referred to in Article 1 ( 1 ) shall be valid until 31 December 1975 . be divided into two instalments .
2 . The first instalment, amounting to 17 700 metric Article 5 tons , shall be shared amongst the Member States ; the shares which, subject to Article 5 , shall be valid If, by 15 October 1975 , a Member State has not until 31 December 1975 shall be as follows : used up its initial share, it shall, not later than Germany 11 669 metric tons, 31 October 1975 , return to the reserve the unused portion of this share in excess of 40% of the initial Benelux 1 795 metric tons , amount. It may return a larger quantity if there France are reasons to consider that such quantity may not 1 45 1 metric tons, be used . Italy 45 metric tons, Denmark The Member States shall , not later than 472 metric tons , 31 October 1975 , notify the Commission of the total Ireland 294 metric tons , imports of the products concerned effected under the Community quota up to 15 October 1975 United Kingdom 1 974 metric tons . inclusive and, where appropriate, the proportion of their initial shares that they are returning to the 3 . The second instalment, amounting to 4 000 reserve . metric tons , shall constitute the reserve .
Article 6 Article 3 The Commission shall keep account of the shares 1 . If 90% or more of any Member State's initial opened by Member States in accordance with share, as laid down in Article 2 (2), or 90% of that Articles 2 and 3 , and shall inform each of them of share less the amount returned into the reserve, the extent to which the reserve has been used as where Article 5 has been applied has been soon as it receives the notifications . exhausted, that Member State shall without delay, by notifying the Commission, draw a second share The Commission shall , not later than 5 November in the quota equal to 15% of its initial share, 1975 , notify the Member States of the state of the rounded up to the next unit where appropriate, to reserve after the return of shares pursuant to the extent that the amount in the reserve allows . Article 5 .
2 . If after its initial share has been exhausted 90% The Commission shall ensure that any drawing which or more of the second share drawn by a Member uses up the reserve is limited to the balance State has been used, that Member State shall , in available and, for this purpose, shall specify the the manner provided for in paragraph 1 , draw a third amount thereof to the Member State which makes share equal to 7-5% of its initial share. the final drawing.
3 . If after its second share has been exhausted 90% Article 7 or more of the third share drawn by that Member State has been used, it shall , in the manner provided for in paragraph 1 , draw a fourth share equal to 1 . The Member States shall take all measures the third . necessary to ensure that supplementary shares drawn
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pursuant to Article 3 are opened in such a way Article 8 that changes may be made without interruption against their accumulative shares of the Community Member States shall regularly inform the Com quota . mission of imports actually charged against their shares . 2. The Member States shall ensure that importers of the said products established in their territory have Article 9 free access to the shares allocated to them or drawn from the reserve . The Member States and the Commission shall cooperate closely in order to ensure the correct 3 . The Member States shall charge imports of the application of this Regulation. said goods against their shares as and when the goods are entered for home use . Article 10 4 . The extent to which a Member State has used up its share shall be determined on the basis of the This Regulation shall enter into force on imports charged in accordance with paragraph 3 . 1 January 1975 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 19 December 1974 .
For the Council The President
J. P. FOURCADE