31985R3667

30 . 12 . 85 No L 354 / 9 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3667 / 85

of 20 December 1985 opening, allocating and providing for the administration of a Community tariff quota for fresh or dried hazelnuts, shelled or not, falling within subheading ex 08.05 G of the Common Customs Tariff and originating in Turkey ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Portugal , the Community must take the measures referred to in Articles 180 and 367 of that Act ; whereas the tariff measure in question applies therefore to the Community of Having regard to the Treaty establishing the European Nine ; Economic Community , and in particular 113 thereof,

Whereas it is in particular necessary to ensure equal and Having regard to the proposal from the Commission , uninterrupted access for all Community importers to the abovementioned quota , and uninterrupted application of Whereas the Annex to Council Regulation ( EEC ) No the rates laid down for this quota to all imports of the 3590 / 82 of 21 December 1982 on imports into the products concerned into the Member States until the quota Community of agricultural products originating in has been used up ; whereas , having regard to the above Turkey (*) provides that fresh or dried hazelnuts , shelled or principles , the Community nature of the quota can be not , falling within subheading ex 08.05 G of the Common respected by allocating the Community tariff quota among Customs Tariff and originating in Turkey are admitted on the Member States ; whereas , in order to reflect most importation into the Community at zero duty , within the accurately the actual development of the market in the limit of a Community tariff quota of 25 000 tonnes ; products in question , such allocation should be in whereas the Community tariff quota concerned should proportion to the requirements of the Member States , therefore be opened for 1986 ; assessed by reference to both the statistics relating to imports of the said products from Turkey over a representative reference period and the economic outlook Whereas , in accordance with Article 119 of the Act of for the quota period concerned ; Accession of Greece , the Council adopted Regulation ( EEC ) No 3555 / 80 determining the arrangements to be applied with regard to imports into Greece originating in Whereas on the basis of the currently available statistical Algeria , Israel , Malta , Morocco , Portugal , Syria , Tunisia or Turkey ( 2 ); data imports of the product in question from Turkey into the Member States have developed as follows over the years 1982 , 1983 and 1984 ; whereas they represent the Whereas in the absence of a Protocol as provided for in following percentage of the total imports into the Articles 179 and 366 of the Act of Accession of Spain and Community from Turkey :

1982 1983 1984 Member States Tonnes % Tonnes % Tonnes %

Benelux 7 017 9,40 6 332 9,37 6 815 8,36 Denmark 1 183 1,58 1 249 1,85 999 1,23 Germany 49 562 66,37 45 649 67,58 53 831 66,06 France 9 529 12,76 7 786 11,53 9 013 11,06 Ireland 50 0,07 30 0,04 22 0,03 Italy 2 533 3,39 746 1,10 2 904 3,56 United Kingdom 4 798 6,44 5 760 8,53 7 901 9,70

Total 74 672 67 552 81 485

(!) OJ No L 375 , 31 . 12 . 1982 , p . 1 . ( 2 ) OJ No L 382 , 31 . 12 . 1980 , p . 1 .

No L 354 / 10 Official Journal of the European Communities 30 . 12 . 85

Whereas , in view of these factors , and of market forecasts HAS ADOPTED THIS REGULATION : for the products concerned and in particular of the estimates submitted by certain Member States , initial quota Article 1 shares may be fixed for 1986 at approximately the following percentages : 1 . From 1 January to 31 December 1986 a Community tariff quota of 25 000 tonnes shall be opened in the Benelux 9,02 Community of Nine for fresh or dried hazelnuts , shelled or Denmark 1,51 not, falling within subheading ex 08.05 G of the Common Germany 66,66 Customs Tariff and originating in Turkey . France 11,73 Ireland 0,05 2 . Within this tariff quota the Common Customs Tariff Italy 2,77 duty shall be totally suspended . United Kingdom 8,26

3 . Imports of the product in question benefiting from the same or lower customs duties under preferential Whereas , to take into account import trends for the arrangements shall not be charged against this tariff products concerned in the various Member States , the quota . quota amount should be divided into two instalments , the first being allocated among the Member States and the 4 . This Community tariff quota shall be allocated and second held as a reserve intended to cover at a later date the administered in accordance with the following provisions . requirements of Member States, who have used up their initial share ; whereas, in order to guarantee some degree of security to importers in each Member State , the first instalment of the Community quota should be fixed at a Article 2 level which could , in the present circumstances , be 80 % of the quota volume ; 1 . The Community tariff quota referred to in Article 1 ( 1 ) shall be divided into two instalments .

2 . A first instalment amounting to 20 000 tonnes shall be Whereas the initial shares of the Member States may be shared among the Member states ; the shares , which subject used up at different rates; whereas, in order to take this to Article 5 shall be valid until 31 December 1986 , shall be into account and to avoid a break in continuity , any as follows : Member State which has used up almost all of its initial share should draw an additional share from the reserve ; (tonnes) whereas this should be done by each Member State each Benelux 1 804 time one of its additional shares is almost used up , and so Denmark 302 on as many times as the reserve allows; whereas the initial 13 332 Germany and additional shares must be valid until the end of the France 2 346 quota period ; whereas this form of administration requires Ireland 10 close collaboration between the Member States and the Italy 554 Commission , and the Commission must be in a position to 1 652 United Kingdom follow the extent to which the quota volume has been used up and inform the Member States thereof; 3 . The second instalment amounting to 5 000 tonnes shall constitute the reserve :

Whereas , if at a given date in the quota period a substantial quantity of its initial share remains unused in any Member Article 3 State , it is essential that it should return a significant proportion thereof to the reserve , to prevent part of the 1 . If 90 % or more of a Member State's initial share , as Community quota remaining unused in one Member State specified in Article 2 ( 2), or of that share less the portion when it could be used in others ; whereas , taking into returned to the reserve where Article 5 has been applied , account the seasonal nature of imports , it seems has been used up , that Member State shall , without delay, appropriate to fix the transfer limit at 40 % of the initial by notifying the Commission , draw a second share equal to share ; 15 % of its initial share , rounded up where necessary to the next whole number , in so far as the amount in the reserve allows . Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are 2 . If, after its initial share has been used up , 90 % or united within and jointly represented by the Benelux more of the second share drawn by a Member State has Economic Union , all transactions concerning the been used up , that Member State shall , in accordance with administration of the shares allocated to that economic the conditions laid down in paragraph 1 , draw a third union may be carried out by any one of its members , share equal to 7,5 % of its initial share .

30 . 12 . 85 No L 354 / 11 Official Journal of the European Communities

3 . If, after its second share has been used up , 90 % or It shall notify the Member States , not later than 5 October more of the third share drawn by a Member State has been 1986 , of the state of the reserve after quantities have been used up , that Member State shall , in accordance with the returned thereto pursuant to Article 5 . conditions laid down in paragraph 1 , draw a fourth share equal to the third . It shall ensure that the drawing which uses up the reserve is limited to the balance available and , to this end , shall The process shall continue to apply until the reserve is used specify the amount thereof to the Member State making the up . final drawing.

4 . Notwithstanding paragraphs 1 , 2 and 3 , Member Article 7 States may draw smaller shares than those fixed in these paragraphs if there is reason to believe that those fixed 1 . Member States shall take all measures necessary to might not be used up . They shall inform the Commission ensure that additional shares drawn pursuant to Article 3 of their grounds for applying this paragraph . are opened in such a way that imports may be charged without interruption against their aggregate shares in the Community quota . Article 4 2 . Member States shall ensure that importers of the The additional share drawn pursuant to Article 3 shall be products have free access to the shares allocated to them or valid until 31 December 1986 . which they have taken from the reserve .

3 . The Member States shall charge the imports of the products concerned against their shares as and when the Article 5 products are entered with customs authorities for free circulation . Member States shall return to the reserve , not later than 1 October 1986 , the unused portion of their initial shares 4 . The extent to which a Member State has used up its which on 15 September 1986 is in excess of 40 % of the shares shall be determined on the basis of the imports initial amount . They may return a greater quantity if there charged in accordance with paragraph 3 . are grounds for believing that this quantity might not be used in full . Article 8 Member States shall notify the Commission , not later than 1 October 1986 , of the total imports of the products At the request of the Commission , Member States shall concerned effected under the Community quotas up to and inform it of imports actually charged against their shares . including 15 September 1986 and , where appropriate , the proportion of their initial share that they are returning to the reserve . Article 9

The Member States and the Commission shall collaborate closely in order to ensure that this Regulation is Article 6 observed .

The Commission shall keep an account of the shares Article 10 opened by Member States pursuant to Articles 2 and 3 and , as soon as it has been notified , shall inform each Member State of the extent to which the reserve has been used up . This Regulation shall enter into force on 1 January 1986 .

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

Done at Brussels , 20 December 1985 .

For the Council

The President

R. KRIEPS