31977R1182

No L 142/30 Official Journal of the European Communities 9 . 6 . 77

COUNCIL REGULATION (EEC) No 1182/77

of 17 May 1977 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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, to the Association Agreement shall be applicable in the new Member States in accordance with the percentages and timetable laid down, upon the entry into force of that Agreement; whereas the rates to which the new Member Having regard to the Treaty establishing the European States apply those reductions are those which they apply Economic Community, and in particular Articles 43 and at any given moment to non-member countries ; whereas 113 thereof, the rates fixed as a result of the reductions regard­ ing the products listed, in particular, in Annex 6 to the Additional 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 orig­ inally constituted; whereas the reduction to be applied by the new Member States within the framework of the tariff quota under consideration must therefore, in certain Having regard to the opinion of the European Parlia­ cases, be limited to 80% ; whereas, consequently, the tariff ment (*), quota in question should be opened as laid down above for 1977 and provision should be made for charging against this quota the quantities imported from 1 January to 30 June 1977 and charged against the quota opened by Whereas Article 5 ( 1 ) of Council Regulation (EEC) No Regulation (EEC) No 3055/76 ; 1180/77 of 17 May 1977 on imports into the Community of certain agricultural products originating in Turkey (2), which enters into force on 1 July 1977, provides for the opening by the Community of a Community tariff quota of 25 000 tonnes at a duty rate of 2-5% for fresh or dried Whereas it is in particular necessary to guarantee all im­ hazelnuts, shelled or otherwise, falling within subheading porters of the Member States equal and uninterrupted ac­ ex 08.05 G of the Common Customs Tariff, originating in cess to the said quota and uninterrupted application of the Turkey ; whereas under paragraph 2 of the said Article, rate laid down for that quota to all imports of the products the pro rata temporis clause is applicable; whereas by concerned into the Member States until the quota has Regulation (EEC) No 3055/76 (3 ), the Council opened been used up ; whereas having regard to the above prin­ and allocated among the Member States, for 1 977, for the ciples, the Community nature of the quotas can be re­ products in question originating in Turkey, a Community spected by allocating the Community tariff quota among tariff quota of 21 700 tonnes at a duty rate of 2-5% ; the Member States ; whereas, to reflect most accurately whereas, for 1977, the volume of the tariff quota is fixed the actual development of the market in the products con­ at 23 350 tonnes; whereas, with regard to the customs cerned, such allocation should be in proportion to the duty applicable in the new Member States, it should be needs of the Member States, assessed by reference both to noted that Article 2 of the Interim Agreement concluded the statistics relating to imports from Turkey over a rep­ pending the entry into force of the Additional Protocol resentative period, and to the economic outlook for the signed at Ankara on 30 June 1973 (4 ) lays down that the quota period concerned; reductions in customs duties which are provided pursuant

Whereas, on the basis of the statistics at present available, (M Ol No C 133 , 6 . 6 . 1977, p. 45 . imports into the Member States in 1973 , 1974 and 1975 ( 2 ) See page 10 of this Official Journal. of the product concerned originating in Turkey have de­ [J ) OJ No L 350 , 20.12.1976 , p . 111 . veloped as follows and represent the following percent­ OJ No L 277 , 3.10.1973 , p. 2 . ages of total imports into the Community :

9 . 6 . 77 Official Journal of the European Communities No L 142/31

1973 1974 1975 Member States tonnes % tonnes % tonnes %

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 3 910 7-01 5 026 9-36 4 590 8-55 United Kingdom

Total 55 774 53 688 53 694-5

Whereas, taking into account these figures and the Whereas if, at a specified date in the quota period, a con­ foreseeable development of the product concerned during siderable quantity of the initial share remains in any 1977 and, in particular, the forecasts made by some Member State, it is essential that the Member State should Member States, the initial shares may be fixed approxi­ return a certain proportion thereof to the reserve, in order mately at the following percentages: to avoid part of the Community quota remaining unused in one Member State when it could be used in others ; whereas, taking into account the seasonal nature of im­ Germany 65-93 ports, it seems appropriate to fix the quantity which may Benelux 10-14 be returned at 40% of the initial share ; France . 8-20 Italy 0-25 Denmark 2-67 Whereas, since the Kingdom of Belgium, the Kingdom of Ireland 1-66 the Netherlands and the Grand Duchy of Luxembourg are United Kingdom 11-15 united in and represented by the Benelux Economic Union, any measure concerning the administration of the quota, shares allocated to that economic union may be carried out by any of its members, 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 instalments, the first instalment being allocated to the Member States and the HAS ADOPTED THIS REGULATION : second forming a reserve intended ultimately to cover the requirements of the Member States, should their initial share be used up ; whereas, in order to ensure a certain de­ gree of security to importers, the first instalment of the Article 1 Community quota should be determined at a relatively high level, which under present circumstances could be approximately 80% of the quota volume ; 1 . Until 3 1 December 1 977, a Community tariff quota of 23 350 tonnes shall be opened in the Community for fresh or dried hazelnuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originating in Turkey. Whereas the initial shares may be used up fairly quickly; whereas, therefore, to avoid disruption of supplies, any 2 . Within this tariff quota the Common Customs Tariff Member State which has almost used up its initial share, duty shall be partially suspended at 2-5 % . shall draw a supplementary share from the Community reserve; whereas this must be done by each Member State as each one of its supplementary shares is almost used up, 3 . The new Member States shall apply within this Com­ and as many times as the reserve allows ; whereas the ini­ munity tariff quota, the customs duties calculated in ac­ tial and supplementary shares must be valid until the end cordance with the relevant provisions of the Act of Acces­ of the quota period; whereas this form of administration sion, the Interim Agreement and Regulation (EEC) No 1180/77 . requires close collaboration between the Member States and the Commission, and the Commission must be in a position to follow the extent to which the tariff quota has 4 . This tariff quota shall be allocated and administered been used up and inform the Member States thereof; in accordance with the following provisions.

No L 142/32 Official Journal of the European Communities 9. 6 . 77

Article 2 shares might not be used up. They shall inform the Com­ mission of their reasons for applying this paragraph. 1 . The tariff quota referred to in Article 1(1 ) shall be di­ vided into two instalments.

Article 4 2. A first instalment, amounting to 19 000 tonnes, shall be shared among the Member States; the shares, which Each of the additional shares drawn pursuant to Article 3 subject to Article 5 shall be valid until 31 December 1977, shall be valid until 31 December 1977. shall be as follows :

Germany 12 527 tonnes, Article 5 Benelux 1 927 tonnes, France 1 558 tonnes, Member States shall return to the reserve, not later than 1 Italy 48 tonnes, October 1977, the unused portion of their initial share Denmark 507 tonnes, which, on 15 September 1977, is in excess of 40% of the Ireland 315 tonnes, initial amount. They may return a greater portion if there United Kingdom 2 118 tonnes . are grounds for believing that such portion may not be used in full . 3 . The second instalment of 4 350 tonnes shall consti­ tute the reserve. The Member States shall, not later than 1 October 1977, notify the Commission of the total imports of the products 4. Imports of hazelnuts effected during the period 1 concerned effected under the Community quota up to 15 January to 30 June 1977 and charged against the tariff September 1977 inclusive and, where appropriate, the quota opened by Regulation (EEC) No 3055 /76 shall be proportion of their initial shares that they are returning to deducted from the shares allocated to the Member States the reserve. and, where necessary, from the additional shares drawn from the Community reserve. Article 6

The Commission shall keep account of the shares opened Article 3 by Member States in accordance with Articles 2 and 3 , and shall inform each of them of the extent to which the reserve has been used as soon as it receives the notifi­ 1 . If 90% or more of any Member State's initial share, as cations. laid down in Article 2 (2 ), or 90% of that share less the amount returned to the reserve, where Article 5 has been applied, has been exhausted, that Member State shall The Commission shall , not later than 5 October 1977, without delay, by notifying the Commission, draw a sec­ notify the Member States of the state of the reserve after ond share equal to 15% of its initial share, rounded up to the return of shares pursuant to Article 5 . the next unit where appropriate, to the extent that the amount in the reserve allows. The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, 2 . If, after its initial share has been exhausted, 90% or for this purpose, shall specify the amount thereof to the more of the second share drawn by that Member State has Member State which makes the final drawing. been used, it shall, in the manner provided for in para­ graph 1 , draw a third share equal to 7-5 % of its initial share. Article 7 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by that Member State has 1 . The Member States shall take all measures necessary been used, it shall, in the manner provided for in para­ to ensure that supplementary shares drawn pursuant to graph 1 , draw a fourth share equal to the third. Article 3 are opened in such a way that charges may be made without interruption against their accumulative shares of the Community quota. This process shall be applied until the reserve is exhausted.

4 . By way of derogation from paragraphs 1 , 2 and 3 , 2 . The Member States shall ensure that importers of the Member States may draw smaller shares than those fixed said products established in their territory have free access to the shares allocated to them or drawn from the reserve. in those paragraphs if there is reason to believe that those

9. 6 . 77 Official Journal of the European Communities No L 142/33

3 . The Member States shall charge imports of the said Article 9 goods against their shares as and when the goods are en­ tered for homie use. The Member States and the Commission shall cooperate closely in order to ensure the correct application of this 4. The extent to which a Member State has used up its Regulation. share shall be determined on the basis of the imports charged in accordance with paragraph 3 . Article 10

Council Regulation (EEC) No 3055/76 shall be repealed on the entry into force of this Regulation. Article 8

At the request of the Commission, Member States shall in­ Article 1 1 form it of imports of the products in question actually charged against their shares. This Regulation shall enter into force on 1 July 1977.

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

Done at Brussels, 17 May 1977.

For the Council

The President

J. SILKIN