31977R2824

No L 331 /42 Official Journal of the European Communities 23 . 12 . 77

COUNCIL REGULATION (EEC) No 2824/77

of 28 November 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 ( 1978 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 Having regard to the Treaty establishing the Euro­ application of the rate laid down for that quota to all pean Economic Community, and in particular Articles 43 and 113 thereof, imports of the products concerned into all Member States until the quota has been used up ; whereas having regard to the above principles, the Com­ Having regard to the proposal from the Commission, munity nature of the quota can be respected by allo­ cating the Community tariff quota among the Mem­ ber States ; whereas, to reflect most accurately the ac­ Having regard to the opinion of the European Parlia­ tual development of the market in the products con­ ment ( x ), cerned, such allocation should be in proportion to the needs of the Member States, assessed by reference Whereas under Article 5 ( 1 ) of Council Regulation both to the statistics relating to imports from Turkey (EEC ) No 1180/77 of 17 May 1977 on the importa­ over a representative period, and to the economic tion into the Community of certain agricultural outlook for the quota period concerned ; products originating in Turkey (2), fresh or dried hazel­ nuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originat­ Whereas, on the basis of the statistics at present ing in Turkey, are admitted on importation into the available, imports into the Member States in 1974, Community at a duty of 2-5 °/o, within the limit of a 1975 and 1976 of the product concerned originating Community tariff quota of 25 000 tonnes ; whereas in Turkey have developed as follows and represent the Community tariff quota concerned should there­ the following percentages of total imports into the fore be opened for 1978 ; Community :

1974 1975 1976 Member States tonnes % tonnes % tonnes %

Germany 34 515 64-29 35 154 65-47 43 936 64-15 Benelux 4 500 8-38 5 284 9-84 5 662 8-27 France 5 680 10-58 6 084 11-33 9 543 13-93 Italy 2 473 4-61 1 653-5 3-08 2 065 3-02 Denmark 875 1-63 899 1-67 1 161 1-70 Ireland 619 1-15 30 0-06 140 0-20 United Kingdom 5 026 9-36 4 590 8-55 5 978 8-73

53 688 53 694-5 68 485

H OJ No C 241 , 10 . 10. 1977, p. 46. (2) OJ No L 142 , 9 . 6. 1977, p. 10.

23 . 12 . 77 Official Journal of the European Communities No L 331 /43

Whereas, taking into account these figures and the Whereas, since the Kingdom of Belgium, the King­ foreseeable development of the product concerned dom of the Netherlands and the Grand Duchy of during 1978 and, in particular, the forecasts made by Luxembourg are united in and represented by the some Member States, the initial shares may be fixed Benelux Economic Union, all transactions concern­ approximately at the following percentages : ing the administration of the shares granted to the abovementioned economic union may be carried out by any one of its members , Germany 65-93 %

Benelux 10-14 %

France 8-20 % HAS ADOPTED THIS REGULATION : Italy 0-25 % Article 1 Denmark 2-67 % Ireland 1-66 % 1 . During the period 1 January to 31 December United Kingdom 11-15% ; 1978 a Community tariff quota of 25 000 tonnes shall be opened in the Community for fresh or dried hazel­ nuts, shelled or otherwise, falling within subheading ex 08.05 G of the Common Customs Tariff, originat­ Whereas in order to take into account the import ing in Turkey. trends for the product concerned in the Member States, the quota volume should be divided into two 2. Within this tariff quota the Common Customs instalments, the first instalment being allocated to the Tariff duty is suspended at 2-5 °/o. Member States, and the second forming a reserve in­ tended ultimately to cover the requirements of the Member States, should their initial share be used up ; 3 . This tariff quota shall be allocated and adminis­ whereas, in order to ensure a certain degree of tered in accordance with the following provisions. security to importers, the first instalment of the Community quota should be determined at a rela­ Article 2 tively high level, which under present circumstances could be approximately 80% of the quota volume; 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two instalments . Whereas the initial shares may be used up sooner or later ; whereas , in order to take this fact into account 2. The first instalment, amounting to 20 000 and to avoid any break in continuity, it is important tonnes, shall be shared amongst the Member States ; that any Member State which has used up almost all the shares which, subject to Article 5 , shall be valid its initial share should draw an additional share from until 31 December 1978 , shall be as follows : the reserve ; whereas this must be done as and when Germany 13 186 tonnes , each of its additional shares in the quota is almost entirely used up, and repeated as often as the reserve Benelux 2 028 tonnes , allows ; whereas the initial and additional shares must France 1 640 tonnes, be available for use until the end of the quota period ; whereas this method of administration calls for close Italy 50 tonnes, cooperation between the Member States and the Commission , which must in particular be able to ob­ Denmark 534 tonnes , serve the extent to which the quota volume is used Ireland 332 tonnes, up and inform the Member States thereof; United Kingdom 2 230 tonnes .

Whereas if, at a specified date in the quota period, a 3 . The second instalment, amounting to 5 000 considerable balance remains in any Member State, it tonnes , shall constitute the reserve. is essential that the Member State should return a certain proportion thereof to the reserve, in order to Article 3 avoid part of the Community quota remaining un­ used in one Member State when it could be used in others ; whereas, taking into account the seasonal na­ 1 . If 90 % or more of any Member State's initial ture of imports, it seems appropriate to fix the trans­ share, as laid down in Article 2 (2) — or 90 % of fer limit of 40 % of the initial share ; that share less the amount returned into the reserve,

No L 331 /44 Official Journal of the European Communities 23 . 12 . 77

where Article 5 has been applied — has been ex­ where appropriate, the proportion of their initial hausted, that Member State shall without delay, by shares that they are returning to the reserve. notifying the 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 in the reserve allows . Article 6

The Commission shall keep account of the shares 2 . If after its initial share has been exhausted 90 % opened by Member States in accordance with Articles or more of the second share drawn by a Member 2 and 3 , and shall inform each of them of the State has been used , that Member State shall, in the extent to which the reserve has been used as soon as manner provided for in paragraph 1 , draw a third it receives the notifications . share equal to 7-5 % of its initial share .

The Commission shall, not later than 5 October 1978 3 . If after its second share has been exhausted notify the Member States of the state of the reserve 90 % or more of the third share drawn by that Mem­ after the return of shares pursuant to Article 5 . ber State has been used, it shall , in the manner pro­ vided for in paragraph 1 , draw a fourth share equal to the third . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member State which makes This process shall be applied until the reserve is ex­ hausted . the final drawing.

4. Notwithstanding the provisions of paragraphs Article 7 1 , 2 and 3 , Member States may draw smaller shares than those fixed in those paragraphs if there is reason to believe that those shares might not be used up. 1 . The Member States shall take all measures They shall inform the Commission of their reasons necessary to ensure that supplementary shares drawn for applying this paragraph . pursuant to Article 3 are opened in such a way that changes may be made without interruption against their accumulative shares of the Community quota .

Article 4 2. The Member States shall ensure that importers of the said products established in their territory have free access to the shares allocated to them or drawn Additional shares drawn pursuant to Article 3 shall from the reserve. be valid until 31 December 1978 .

3 . The Member States shall charge imports of the said goods against their shares as and when the goods are entered with customs authorities for home Article 5 use .

Member States shall return to the reserve, not later 4. The extent to which a Member State has used than 1 October 1978 , the unused portion of their ini­ up its share shall be determined on the basis of the tial shares which , on 15 September 1978 , is in excess imports charged in accordance with paragraph 3 . of 40 % of the initial amount. They may return a greater portion if there are grounds for believing that such portion may not be used in full. Article 8

The Member States shall, not later than 1 October 1978 , notify the Commission of the total imports of On receipt of a request from the Commission, Mem­ the products concerned effected under the Com­ ber States shall inform it of imports of the products munity quota up to 15 September 1978 inclusive and, in question actually charged against its shares.

23 . 12 . 77 Official Journal of the European Communities No L 331 /45

Article 9 Article 1 0 The Member States and the Commission shall cooperate closely in order to ensure the correct appli- This Regulation shall enter into force on 1 January cation of this Regulation . 1978 .

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

Done at Brussels, 28 November 1977 .

For the Council

The President L. OUTERS