31987R4176

No L 399 / 8 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4176 / 87

of 21 December 1987

suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , in accordance with Article 119 of the Act of Accession of Greece , the Council adopted Regulation (EEC ) No 3555 / 80 of 16 December 198G determining the Having regard to the Treaty establishing the European arrangements to be applied with regard to imports into Economic Community, and in particular Article 113 Greece originating in Algeria , Israel , Malta , Morocco , thereof, Portugal , Syria , Tunisia or Turkey ( 5 ); whereas the Council has also adopted Regulation (EEC ) No 2573 / 87 of 11 Having regard to Council Regulation (EEC ) No 3033 / 80 of August 1987 laying down the arrangements for trade 11 November 1980 laying down the trade arrangements between Spain and Portugal , on the one hand , and Algeria , Egypt, Jordan , Lebanon, Tunisia and Turkey, on the applicable to certain goods resulting from the processing of agricultural products ( x ), and in particular Article 12 other ( 6 ); whereas this Regulation applies therefore to the thereof, Community as constituted on 31 December 1980 ,

Having regard to the proposal from the Commission,

Whereas under Annex 6 to the Additional Protocol laying HAS ADOPTED THIS REGULATION : down the conditions , procedures and timetables for implementing the transitional phase referred to in Article 4 of the Agreement establishing an association between the European Economic Community and Turkey ( 2 ) and under Article 1 Article 9 of the Supplementary Protocol to the Association Agreement between the European Economic Community 1 . From 1 January until 31 December 1988 the customs and Turkey consequent on the accession of new Member duties on imports into the Community as constituted on 31 States to the Community ( 3 ), which was signed in Ankara on December 1980 of the products originating in Turkey listed 30 June 1973 and entered into force on 1 March 1986 ( 4 ), the in the Annex shall be those indicated for each of them , in the Community must wholly or in part suspend the Common said Annex . Customs Tariff duties applicable to certain products; whereas it also appears necessary , on a provisional basis , to adjust or supplement some of the advantages provided for in 2 . For the purposes of application of this Regulation, the abovementioned Annex 6 ; whereas the Community 'originating products' shall mean those products which fulfil the conditions laid down in Association Council Decision should , therefore , with regard to the products originating in Turkey contained in the list annexed to this Regulation, No 4 / 72 attached to Regulation ( EEC ) No 428 / 73 ( 7 ), suspend until 31 December 1988 either the fixed component as amended by Decision No 1 / 75 attached to Regulation ( EEC ) No 1431 / 75 ( 8 ). of the charge applicable to the goods falling within the scope of Regulation (EEC) No 3033 / 80 or the customs duty applicable to the other products , at the levels indicated for The methods of administrative cooperation for ensuring that each of them ; the products listed in the Annexes benefit from the total or partial suspension shall be those laid down in Association Council Decision No 5 / 72 attached to Regulation (EEC ) Whereas the Community has adopted , with effect from No 428 / 73 , as last amended by Decision No 1 / 83 , attached 1 January 1988 , a combined nomenclature for goods which to Regulation ( EEC ) No 993 / 83 ( 9 ). meets the requirements of the Common Customs Tariff and the external trade statistics of the Community and statistics of trade between Member States ; whereas in order to accommodate specific Community measures this Article 2 nomenclature has been expanded into an integrated tariff of the European Communities ( Taric); whereas , from the date When imports of products qualifying for the arrangements given above , the combined nomenclature and , where provided for in Article 1 come into the Community in appropriate , the Taric code numbers should be used for the quantities or at prices which cause or threaten to cause description of the products covered by this Regulation ; i 5 ) OJ No L 382 , 31 . 12 . 1980 , p. 1 (») OJ No L 323 , 29 . 11 . 1980 , p . 1 . ( 6 ) OJ No L 250 , 1 . 9 . 1987 , p. 1 . ( 2 > OJ No 217 , 29 . 12 . 1964 , p . 3687 / 64 . ( 7 ) OJ No L 59 , 5 . 3 . 1973 , p. 73 . ( 3 ) OJ No L 361 , 31 . 12 . 1977 , p. 2 . ( 8 ) OJ No L 142 , 4 . 6 . 1975 , p . 1 . (4 ) OJ No L 48 , 26 . 2 . 1986 , p. 36 . H OJNoL 112 , 8.4 . 1983 , p . 1 .

31 . 12 . 87 Official Journal of the European Communities No L 399 / 9

serious injury to the Community producers of similar request and shall inform the Member States of the action products or directly competitive products, the Common taken . Customs Tariff duties may be partially or wholly­ 3 . Any Member State may refer the Commission's action re-established for the products in question . These measures to the Council , within a period of 10 working days following may also be taken in the event of serious injury or the threat the day of its notification . of serious injury limited to a single region of the Community . Referring the matter to the Council shall not have a suspensory effect. The Council shall meet without delay. It may by a qualified majority amend or annul the measure Article 3 taken . 1 . In order to ensure the application of Article 2 , the Commission may decide by means of a Regulation to Article 4 re-establish Common Customs Tariff duties for a limited period . This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European 2 . Where the Commission has been requested by a Communities . Member State to take action it shall take a decision within a maximum period of 10 working days from receipt of the It shall apply with effect from 1 January 1988 .

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

Done at Brussels , 21 December 1987 .

For the Council The President B. HAARDER

No L 399 / 10 Official Journal of the European Communities 31 . 12 . 87

ANNEX

List of products falling within Chapters 1 to 24 originating in Turkey for which there are grounds for total or partial suspension of the Common Customs Tariff

Order CN code Description Rate of duty No

Vegetables , fresh or chilled: I

15.0001 ex 0709 30 00 — Aubergines , from 1 to 14 January 9% Melons (including watermelons ) and papaws (papayas ), fresh : 15.0003 ex 0807 10 10 — Watermelons , from 1 November to 31 March 6,5 % Chocolate and other food preparations containing cocoa : 15.0005 ex 1806 10 10 — Cocoa powder , not otherwise sweetened than by the addition of sucrose 3% + MOB ex 1806 10 30 ex 1806 10 90 15.0007 ex 1806 20 10 Chocolate and chocolate goods , whether or not filled , sugar confectionery and 9% + MOB ex 1806 20 30 substitutes therefor made from sugar substitution products , containing cocoa with a max. of 27% + AD S / Z ex 1806 20 50 ex 1806 20 90 1806 31 00 1806 32 10 1806 32 90 180690 11 1806 90 19 1806 90 31 1806 90 39 1806 90 50 15.0009 ex 1901 90 90 — Preparation based on flour of leguminous vegetables in the form of sun-dried Free discs of dough , known as 'papad' 15.0011 ex 1903 00 00 Tapioca , other than tapioca prepared from potato starch 2% + MOB Preparations : 15.0013 0710 40 00 — — Of maize 3% + MOB 0711 90 30 2001 90 30 2004 90 10 2005 80 00 2008 99 85 15.0015 1904 90 10 — — Of rice 3% + MOB 15.0017 1904 90 90 — — Of other cereals 2% + MOB

Abbreviations: MOB = variable component , AD S / Z = additional duty on sugar.