31986R4126

31 . 12 . 86 Official Journal of the European Communities No L 380 / 49

COUNCIL REGULATION ( EEC ) No 4126 / 86 of 22 December 1986

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 ( 1987)

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 ) the rates laid down for this quota to all imports of the No 3721 / 84 of 18 December 1984 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 ( J ) 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 1987 ; 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 Algeria , Israel , Malta , Morocco , Portugal , Syria , Tunisia Whereas on the basis of the currently available statistical or Turkey ( 2 ); data imports of the product in question from Turkey into the Member States have developed as follows over the years 1983 , 1984 and 1985 ; whereas they represent the Whereas in the absence of a Protocol as provided for in following percentage ol the total imports into the Articles 179 and 366 of the Act of Accession of Spain and Community from Turkey :

1<U3 1984 1985 Member States Tonnes % Tonnes % Tonnes %

Benelux 6 332 9,37 6 815 8,36 5 266 7,10 Denmark 1 249 1,85 999 1,23 792 1,07 Germany 45 649 67,58 53 831 66,06 47 224 63,65 France 7 786 11,53 9 013 11,06 9 416 12,69 Ireland 30 0,04 22 0,03 28 0,03 Italy 746 1,10 2 904 3,56 5 206 7,02 United Kingdom 5 760 8,53 7 901 9,70 6 264 8,44

Total 67 552 81 485 74 196

(») OJ No L 343 , 31 . 12 . 1984 , p . 6 . ( 2 ) OJ No L 382 , 31 . 12 . 1980 , p . 1 .

No L 380 / 50 Official Journal of the European Communities 31 . 12 . 86

Whereas, in view of these factors , and of market forecasts close collaboration between the Member States and the for the products concerned and in particular of the Commission , and the Commission must be in a position to estimates submitted by certain Member States , initial quota follow the extent to which the quota volume has been used shares may be fixed for 1987 at approximately the up and inform the Member States thereof; following percentages :

Benelux 8,24 Whereas , if at a given date in the quota period a substantial Denmark 1,60 quantity of its initial share remains unused in any Member Germany 65,60 State , it is essential that it should return a significant France 12,19 proportion thereof to the reserve , to prevent part of the Ireland 0,03 Community quota remaining unused in one Member State Italy 3,43 when it could be used in others ; whereas , taking into United Kingdom 8,91 account the seasonal nature of imports , it seems appropriate to fix the transfer limit at 40 % of the initial share ; Whereas, to take into account import trends for the products concerned in the various Member States , the quota amount should be divided into two instalments, the Whereas , since the Kingdom of Belgium , the Kingdom of first being allocated among the Member States and the the Netherlands and the Grand Duchy of Luxembourg are second held as a reserve intended to cover at a later date the united within and jointly represented by the Benelux requirements of Member States who have used up their Economic Union , all transactions concerning the initial share; whereas , in order to guarantee some degree of administration of the shares allocated to that economic security to importers in each Member State , the first union may be carried out by any one of its members , instalment of the Community quota should be fixed at a level which could , in the present circumstances , be approximately 81 % of the quota volume ;

HAS ADOPTED THIS REGULATION : Whereas the initial shares of the Member States may be used up at different rates ; whereas , in order to take this into account and to avoid a break in continuity , any Member State which has used up almost all of its initial Article 1 share should draw an additional share from the reserve ; whereas this should be done by each Member State each 1 . From 1 January to 31 December 1987 , the Common time one of its additional shares is almost used up , and so Customs Tariff duty on the following product imported in on as many times as the reserve allows ; whereas the initial the Community of Nine , shall be suspended at the level and and additional shares must be valid until the end of the within the limit of a Community tariff quota as shown quota period ; whereas this form of administration requires herewith :

CCT Amount of Rate of Order heading Description tariff quota duty No No ( in tonnes ) ( in % )

09.0201 ex 08.05 G Fresh or dried hazelnuts , shelled or not , originating in Turkey 25 000 0

2 . Imports of the product in question benefiting from 2 . A first instalment amounting to 24 000 tonnes shall be the same customs duties under preferential arrangements shared among the Member States ; the shares , which subject shall not be charged against this tariff quota . to Article 5 shall be valid until 31 December 1987 , shall be as follows :

3 . This Community tariff quota shall be allocated and (tonnesJ administered in accordance with the following provisions . Benelux 1 680 Denmark 326 Germany 13 384 Article 2 France 2 486 Ireland 6 1 . The Community tariff quota referred to in Article 1(1 ) Italy 700 shall be divided into two instalments . United Kingdom 1 818

31 . 12 . 86 Official Journal of the European Communities No L 380 / 51

3 . The second instalment amounting to 4 600 tonnes shall Article 6 constitute the reserve : The Commission shall keep an account of the shares opened by Member States pursuant to Articles 2 and 3 and , as soon as it has been notified , shall inform each Member Article 3 State of the extent to which the reserve has been used up .

1 . If 90 % or more of a Member State's initial share , as specified in Article 2 ( 2 ), or of that share less the portion It shall notify the Member States , not later than 5 October returned to the reserve where Article 5 has been applied , 1987 , of the state of the reserve after quantities have been has been used up , that Member State shall , without delay , returned thereto pursuant to Article 5 . by notifying the Commission , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next whole number , in so far as the amount in the reserve It shall ensure that the drawing which uses up the reserve is allows . limited to the balance available and , to this end , shall specify the amount thereof to the Member State making the final drawing . 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third Article 7 share equal to 5 % of its initial share . 1 . Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 3 . If, after its second share has been used up , 90 % or are opened in such a way that imports may be charged more of the third share drawn by a Member State has been without interruption against their aggregate shares in the used up , that Member State shall , in accordance with the Community quota . conditions laid down in paragraph 1 , draw a fourth share equal to the third . 2 . Member States shall ensure that importers of the products have free access to the shares allocated to them or The process shall continue to apply until the reserve is used which they have taken from the reserve . up .

4 . Notwithstanding paragraphs 1 , 2 and 3 , Member 3 . The Member States shall charge the imports of the States may draw smaller shares than those fixed in these products concerned against their shares as and when the paragraphs if there is reason to believe that those fixed products are entered with customs authorities for free circulation . might not be used up . They shall inform the Commission of their grounds for applying this paragraph .

4 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports Article 4 charged in accordance with paragraph 3 .

The additional share drawn pursuant to Article 3 shall be valid until 31 December 1987 . Article 8

At the request of the Commission , Member States shall Article 5 inform it of imports actually charged against their shares .

Member States shall return to the reserve , not later than 1 October 1987 , the unused portion of their initial shares which on 15 September 1987 is in excess of 40 % of the Article 9 initial amount . They may return a greater quantity if there are grounds for believing that this quantity might not be The Member States and the Commission shall collaborate used in full . closely in order to ensure that this Regulation is observed . Member States shall notify the Commission , not later than 1 October 1987 , of the total imports of the products concerned effected under the Community quotas up to and including 15 September 1987 and , where appropriate , the Article 10 proportion of their initial share that they are returning to the reserve . This Regulation shall enter into force on 1 January 1987 .

No L 380 / 52 Official Journal of the European Communities 31 . 12 . 86

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

Done at Brussels , 22 December 1986 .

For the Council

The President

G. SHAW