31976R3055

20. 12. 76 Official Journal of the European Communities No L 350/111

COUNCIL REGULATION (EEC) No 3055/76 of 9 December 1976 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 (1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 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 — and which include hazelnuts — may in Having regard to tlhe Treaty establishing the no case be lower than those applied by the new European Economic Community, and in particular Member States with reference to the Community as Articles 43 and 113 thereof, originally constituted ; whereas the reduction to be applied by the new Member States within the frame­ work of the tariff quota under consideration must Having regard to the proposal from the Commission, therefore, in certain cases, be limited to 80% ;

Having regard to the opinion of the European Whereas it is in particular necessary to ensure to all Parliament (*), importers oif the Member States equal and uninter­ rupted access to the said quota and uninterrupted application of the rate laid down for that quota to Whereas under Article 1 of Council Regulation (EEC) all imports of the products concerned into all No 3375/73 of 10 December 1973 on the importation Member States until the quota has been used up ; into the Community of certain agricultural products whereas having regard to tihe above principles, the originating in Turkey (2), fresh or dried hazelnuts, Community nature of the quota can be respected by shelled or otherwise, falling within subheading ex allocating the Community tariff quota among the 08.05 G of the Common Customs Tariff, originating Member States ; whereas, to reflect most accurately in Turkey are admitted on importation into tihe the actual development of the market in the products Community at a duty of 2-5% , within the limit of concerned, such allocation shaulld ibe in proportion a Community tariff quota of 21 700 metric tons ; to the needs of the Member States, assessed by whereas the Community tariff quota concerned reference both to tihe statistics relating to imports should therefore be opened for 1977; whereas, as from Turkey over a representative period, and to the regards the new Member States, it should be noted economic outlook for the quota period concerned ; that Article 9 of the Supplementary Protocol, signed at Ankara on 30 June 1973 , provides that the reductions of customs duties pursuant to the Association Agreement shall be applied by tihe new Whereas, on the basis of the statistics at present Member States from the entry into force of that available, imports into the Member States in 1973, Protocol in the proportions and according to the 1974 and 1975 of the product concerned originating time limits laid down, that the rates on which the in Turkey have developed as follows and represent new Member States shall base those reductions shall the following percentages of total imports into the be those which they apply at any given moment to Community :

(*) OJ No C 259, 4. 11 . 1976, p. 37. (2) OJ No L 345, 15. 12. 1973, p. 1 .

No L 350/112 Official Journal of the European Communities 20. 12. 76

1973 1974 1975

metric tons % metric tons % metric tons %

Germany 39 133 70-16 34 515 64-29 35 154 65-47 Benelux 3 323 5-96 4 500 8-38 5 284 9-84 France 6 170 11-06 5 680 10-58 6 084 11-33 Italy 2 062 3-70 2 473 4-61 1 653-5 3-08 Denmark 975 1-75 875 1-63 899 1-67 Ireland 201 0-36 619 1-15 30 0-06 United Kingdom 3 910 7-01 5 026 9-36 4 590 8-55

55 774 53 688 53 694-5

Whereas, taking into account these figures and the be available for use until the end of the quota period; foreseeable development of the product concerned whereas this method of administration calls for close during 1977 and, in particular, the forecasts made by cooperation between the Member States and the some Member States, the initial shares may be fixed Commission, which must in (particular ibe alble to approximately at the following percentages : observe the extent to which the quota volume is used up arid inform the Member States thereof; Germany 65-93 Benelux 10-14 Whereas if, at a specified date in the quota period, France 8-20 a considerable balance remains in any Member State, Italy 0-25 it is essential that the Member State should return a certain proportion thereof to the reserve, in order Denmark 2-67 to avoid part of the Community quota remaining Ireland 1-66 unused in one Member State when it could be used United Kingdom 11-15 in others ; whereas, taking into account the seasonal nature of imports, it seems appropriate to fix the transfer limit of 40% of the initiail slhare ;

Whereas in order to take into account the import trends for the product concerned in the Member States, the quota volume should be divided into two Whereas, since tihe Kingdom of Belgium, the Kingdom of the Netherlands and tihe Grand Duchy of Luxem­ instalments, the first instalment being allocated to the bourg are united in and represented by the Benelux Member States and the second forming a reserve Economic Union, any measure concerning the intended ultimately to cover the requirements of the administration of the quota shares allocated to that Member States, should their initial share be used up ; economic union may be carried out by any of its whereas, in order to ensure a certain degree of members, security to importers, the first instalment of the Com­ munity quota should be determined at a relatively high level, which under present circumstances could be approximately 80% of the quota volume;

HAS ADOPTED THIS REGULATION :

Whereas the initial shares may be used up sooner or later ; whereas, in order to take this fact into account and to avoid any break in continuity, it is important Article 1 that any Member State which 'has used up almost all its initial share should draw an additional share from the reserve ; whereas this must be done as and when 1 . From 1 January until 31 December 1977, a Com­ each of its additional shares in the quota is almost munity tariff quota of 21 700 metric tons shall be entirely used up, and repeated as often as the reserve opened in the Community for fresih or dried hazel­ allows ; whereas the initial and additional shares must nuts, shelled or otherwise, failing within subheading

20. 12. 76 Official Journal of the European Communities No L 350/113

ex 08.05 G of the Common Gustoms Tariff, 3 . If after its second share has been exhausted 90% originating in Turkey. or more of the tihird 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 the 2. Within this tariff quota the Common Customs third. Tariff duty is suspended at 2-5% .

This process shall be applied until the reserve is 3 . The new Member States shall apply within this exhausted . Community tariff quota, the customs duties calculated in accordance with the relevant provisions of the Act 4. Notwithstanding the provisions of paragraphs 1, of Accession, in the Supplementary Protocol and in 2 and 3 , Member States may draw smaller shares Regulation (EEC) No 3375/73 . than those fixed in those paragraphs if there is reason to believe tihat those shares might not be used up. 4. This tariff quota shall be allocated and They shall inform the Commission of their reasons administered in accordance with che following for applying this paragraph. provisions.

Article2¶

1 . The tariff quota referred to in Article 1 ( 1 ) shall Each of the additional shares drawn pursuant to be divided into two installments. Article 3 shall be valid until 31 December 1977.

2. A first instalment, amounting to 17 700 metric ■ tons, shall be shared among the Member States ; the Article 5 shares, which subject to Article 5 shall be valid until 31 December 1977, shall be as follows : Member States shall return to the reserve, not later Germany 11 669 metric tons, than 1 October 1977, the unused portion of their Benelux initial slhare which, on 15 September 1977, is in 1 795 metric tons, excess of 40% of the initial amount. They may return France 1 45 1 metric tons, a greater portion if there are grounds for believing Italy 45 metric tons, that such portion may not be used in full.

Denmark 472 metric tons, The Memlber States shall, not later than 1 October Ireland 294 metric tons, 1977, notify the Commission of the total imports of United Kingdom 1 974 metric tons . the products concerned effected under the Com­ munity quota up to 15 September 1977 inclusive and, where appropriate, the proportion of their initial 3 . The second instalment of 4 000 metric tons shall shares that they are returning to the reserve. constitute the reserve.

Article6¶

1 . If 90% or more of any Member State's initial The Commission shall keep account of the shares slhare, as laid down in Article 2 (2), or 90% of that opened by Member States in accordance with Articles share less the amount returned into the reserve, where 2 and 3 , and shall inform each of them of the extent to which the reserve has been used as soon as it Article 5 has been applied, has been exhausted, that receives the notifications . Member State shall without delay, by notifying the Commission, draw a second share in the quota equal to 15% of its initial share, rounded up to the next The Commission shall, not later than 5 October 1977, unit wflhere appropriate, to the extent that the amount notify the Member States of the state of the reserve in the reserve allows . after the return of shares pursuant to Article 5 .

2. If after its initial share has been exhausted 90% The Commission shall ensure that any drawing which or more of rhe second share drawn by a Member uses up the resferve is limited to the balance available State has been used, that Member State shall, in the and, for this purpose, shall specify tihe amount there­ manner provided for in paragraph 1 , draw a third of to the Member State which makes the final share equal to 7-5% of its initial share. drawing.

No L 350/ 114 Official Journal of the European Communities 20. 12. 76

Article7¶

1 . The Member States shall take all measures On receipt of a request from the Commission, necessary to ensure that supplementary shares drawn Member States shall inform it of imports of the pursuant to Article 3 are opened in such a way that products in question actually charged against its changes may be made without interruption against shares. their accumulative shares of the Community quota.

2. The Member States shall ensure that importers Article 9 of the said products established in their territory have free access to the shares allocated to them or drawn The Member States and the Commission shall from the reserve. cooperate closely in order to ensure the correct application of this Regulation. 3. The Member States shall charge imports of the 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 ibe determined on the basis of the This Regulation shall enter into force on 1 January imports charged in accordance with paragraph 3 . 1977.

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

Done at Brussels, 9 December 1976.

For the Council

The President P. J. J. MERTENS