31975R3144

No L 317/ 18 Official Journal of the European Communities 8 . 12 . 75

REGULATION (EEC) No 3144/75 OF THE COUNCIL of 24 November 1975

opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , that the rates on which the new Member States shall base those reductions 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 Having regard to the Treaty establishing the Euro­ regarding the products listed, in particular, in An­ pean Economic Community, and in particular nex 6 to the Additional Protocol — and which Articles 43 and 113 thereof ; include hazelnuts — may in no case be lower than those applied by the new Member States with reference to the Community as originally constituted : whereas the reduction to be applied by the new Having regard to the proposal from the Commission ; . Member States within the framework of the tariff quota under consideration must therefore, in certain cases , be limited to 60% ; Having regard to the Opinion of the European Parliament (*); Whereas it is in particular necessary to ensure to all importers of the Member States equal and uninter­ rupted access to the said quota and uninterrupted Whereas under Article 1 of Council Regulation (EEC) application of the rate laid down for that quota to all No 3375 /73 ( 2 ) of 10 December 1973 concerning the imports of the products concerned into all Member importation into the Community of certain agricul­ States until the quota has been used up ; whereas tural products originating in Turkey, the Community having regard to the above principles, the Community must reduce by 37-5% the duty applied to the import nature of the quota can be respected by allocating of fresh or dried hazelnuts , shelled or otherwise, the Community tariff quota among the Member falling within subheading ex 08.05 G of the Common States ; whereas , to reflect most accurately the actual Customs Tariff, within the limit of a Community development of the market in the products concerned, tariff quota of 21 700 metric tons ; whereas the Com­ such allocation should be in proportion to the needs munity tariff quota concerned should therefore be of the Member States, assessed by reference both to opened for 1976 ; whereas the application of a 37-5% the statistics relating to imports from Turkey over reduction to the Common Customs Tariff duty would a representative period , and to the economic outlook result in a quota duty of 2-5% for the Community as for the quota period concerned ; originally constituted ; whereas, as regards the new Member States , it should be noted that Article 2 ( 1 ) and (3 ) of the Interim Agreement bringing into force certain provisions of the Supplementary Protocol Whereas, on the basis of the statistics at present provides that the reductions of customs duties available, imports into the Member States in 1972, pursuant to the Association Agreement shall be 1973 and 1974 of the products concerned, originating applied by the new Member States^ from the entry in Turkey, have developed as follows and represent ■ into force of the Interim Agreement in the pro­ the following percentages of total imports into the portions and according to the time limits laid down, Community :

(!) OJ No C 257, 10. 11 . 1975 , p. 38 . ( 2) OJ No L 345, 15 . 12 . 1973 , p . 1 .

8 . 12 . 75 Official Journal of the European Communities No L 317/ 19

1972 1973 1974 metric tons % metric tons % metric tons %

36 776 70-59 39 133 70-16 34 515 64-29 Germany Benelux 5 220 10-02 3 323 5-96 4 500 8-38 France 4 906 9-42 6 170 11-06 5 680 10-58 197 0-38 2 062 3-70 2 473 4-61 Italy Denmark 795 1-53 975 1-75 875 1-63 Ireland 424 0-81 201 0-36 619 1-15 United Kingdom 3 777 7-25 3 910 7-01 5 026 9-36

52 095 55 774 53 688

Whereas , taking into account these figures and the cooperation between the Member States and the foreseeable development of the product concerned Commission, which must in particular be able to during 1976 and, in particular, the forecasts made by observe the extent to which the quota volume is used some Member States, the initial shares may be fixed up and inform the Member States thereof; approximately at the following percentages :

Germany 65-93 Whereas if, at a specified date in the quota period, a considerable balance remains in any Member State, Benelux 10-14 it is essential that the Member State should return France 8-20 a certain proportion thereof to the reserve, in order 0-25 to avoid part of the Community quota remaining Italy unused in one Member State when it could be used Denmark 2-67 in others ; whereas, taking into account the seasonal Ireland 1-66 nature of imports, it seems appropriate to fix the transfer limit or 40% of the initial share ; United Kingdom 11-15

Whereas, since the Kingdom of Belgium , the Kingdom Whereas in order to take into account the import of the Netherlands and the Grand Duchy of Luxem­ trends for the product concerned in the Member bourg are united in and represented by the Benelux States, the quota volume should be divided into two Economic Union , any measure concerning the ad­ instalments, the first instalment being allocated to the ministration of the quota shares allocated to that Member States , and the second forming a reserve economic union may be carried out by any of its intended ultimately to cover the requirements of the members , 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 rela­ HAS ADOPTED THIS REGULATION : tively high level, which under present circumstances could be approximately 80 % of the quota volume ;

Article 1 Whereas the initial shares may be used up sooner or later ; whereas , in order to take this fact into account 1 . From 1 January to 31 December 1976 a Com­ and to avoid any break in continuity, it is important munity tariff quota of 21 700 metric tons shall be that any Member State which has used up almost all opened in the Community for fresh or dried hazel­ its initial share should draw an additional share from nuts , shelled or otherwise, falling within subheading the reserve ; whereas this must be done as and when ex 08.05 G of the Common Customs Tariff, each of its additional shares in the quota is almost originating in Turkey . 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 ; 2 . Within this tariff quota, the Common Customs whereas this method of administration calls for close Tariff duty is suspended at 2-5% .

No L 317/20 Official Journal of the European Communities 8 . 12 . 75

3 . The new Member States shall apply within this 4. Notwithstanding the provisions of paragraphs 1 , Community tariff quota, the customs duties calculated 2 and 3 , a Member State may proceed to draw shares in accordance with the relevant provisions of the Act smaller than those fixed in those paragraphs if there of Accession, the Interim Agreement and Regulation is reason to believe that those shares might not be ( EEC) No 3375 /73 . used up . They shall inform the Commission of the reasons which led them to apply this paragraph. 4 . This tariff quota shall be allocated and admin­ istered in accordance with the following provisions . Article 4

Article 2 Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1976 . 1 . The tariff quota laid down in Article 1 ( 1 ) shall be divided into two instalments . Article 5 2. A first instalment, amounting to 17 700 metric tons, shall be shared among the Member States ; the The Member States shall return to the reserve, not shares, which subject to Article 5 shall be valid until later than 1 October 1976, the unused portion of 31 December 1976, shall be as follows : their initial share which, on 15 September 1976, is in excess of 40% of their initial amount. They may Germany 11 669 metric tons , return a larger portion if there are grounds for Benelux 1 795 metric tons, believing that such portion may not be used in full. France 1 451 metric tons , Italy 45 metric tons , The Member States shall, not later than 1 October Denmark 472 metric tons, 1976, notify the Commission of the total imports of Ireland the products concerned effected up to and including 294 metric tons, 15 September 1976, and charged against the Com­ United Kingdom 1 974 metric tons . munity quota and, where appropriate, the proportion of their initial shares that is being returned to the 3 . The second instalment of 4 000 metric tons shall reserve . constitute the reserve .

Article6¶

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 the share less the amount returned into the reserve, where extent to which the reserve has been used as soon as Article 5 has been applied, has been exhausted, that it receives the notifications . Member State shall proceed without delay, by notifying the Commission, to draw a second share equal to 15% of its initial share, rounded up to the The Commission shall, not later than 5 October next unit where appropriate, to the extent that the 1976, notify the Member States of the amount in the reserve is sufficient. reserve after the return of shares pursuant to Article 5 . 2. If, after its initial share has been exhausted, 90% of the second share drawn by a Member State has The Commission shall ensure that any drawing which been used, that Member State shall proceed, in the uses up the reserve is limited to the balance available manner specified in paragraph 1 , to draw a third and for this purpose shall specify the amount thereof share equal to 7-5% of its initial share. to the Member State which makes the last drawing.

3 . If, after its second share has been exhausted , 90% or more of the third share drawn by a Member State Article 7 has been used, that Member State shall , in the man­ ner provided for in paragraph 1 , draw a fourth share 1 . The Member States shall take all appropriate equal to the third. measures to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that This process shall be applied until the reserve is changes may be made without interruption against exhausted. their accumulative shares of the Community quota.

8 . 12 . 75 Official Journal of the European Communities No L 317/21

Article 8 2 . The Member States shall ensure that importers of the said products established in their territory have On receipt of a request from the Commission, Mem­ free access to the shares allocated to them or drawn ber States shall inform it of imports actually charged from the reserve . against their shares .

Article 9 3 . The Member States shall charge imports of the The Member States and the Commission shall said goods against their shares as and when the goods are entered for home use. cooperate closely in order to ensure that this Regu­ lation is observed .

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 Januarv 1976 .

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

Done at Brussels, 24 November 1975 .

For the Council The President

B. VISENTINI