31990R3924

31 . 12 . 90 Official Journal of the European Communities No L 37619

COUNCIL REGULATION ( EEC ) No 3924 / 90 of 21 December 1990

suspending wholly or in part the Common Customs Tariff duties on certain agricultural products originating in Turkey ( 1991 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 Article 1 thereof, 1 . From 1 January to 31 December 1991 the customs Having regard to Council Regulation ( EEC ) No 3033 / 80 of duties on imports into the Member States of the products 11 November 1980 laying down the trade arrangements originating in Turkey listed in the Annex shall be those applicable to certain goods resulting from the processing indicated for each of them in the said Annex . of agricultural products (')) and in particular Article 12 thereof, Where this Regulation is applicable in Spain and in Portugal , these Member States shall apply duties calculated in Having regard to the proposal from the Commission , accordance with the relevant provisions set out in Regulation (EEC ) No 2573 / 87 . Whereas under Annex 6 to the Additional Protocol laying 2 . For the purposes of application of this Regulation , down the conditions , procedures and timetables for implementing the transitional phase referred to in Article 4 of 'originating products' shall mean those products which fulfil the conditions laid down in Association Council Decision the Agreement establishing an Association between the European Economic Community and Turkey ( 2 ) and under No 4 / 72 attached to Regulation ( EEC) No 428 / 73 ( 7), as amended by Decision No 1 / 75 attached to Regulation ( EEC) Article 9 of the Supplementary Protocol to the Association No 1431 / 75 ( 8 ). Agreement between the European Economic Community and Turkey consequent on the accession of new Member States to the Community ( 3 ), which was signed in Ankara on The methods of administrative cooperation for ensuring that 30 June 1973 and entered into force on 1 March 1986 ( 4 ), the the products listed in the Annexes benefit from the total or Community must wholly or in part suspend the Common partial suspension shall be those laid down in Association Customs Tariff duties applicable to certain products; Council Decision No 5 / 72 attached to Regulation ( EEC) whereas it also appears necessary, on a provisional basis, to No 428 / 73 , as last amended by Decision No 1 / 83 , attached adjust or supplement some of the advantages provided for in to Regulation ( EEC ) No 993 / 83 ( 9 ). the abovementioned Annex 6 ; whereas the Community should , therefore, with regard to the products originating in Turkey contained in the list annexed to this Regulation , Article 2 suspend until 31 December 1991 either the fixed component of the charge applicable to the goods falling within the scope of Regulation (EEC ) No 3033 / 80 or the customs duty When imports of products qualifying for the arrangements provided for in Article 1 come into the Community in applicable to the other products, at the levels indicated for quantities or at prices which cause or threaten to cause each of them ; serious injury to the Community producers of similar products or directly competitive products , the Common Whereas the Council adopted Regulation ( EEC ) No Customs Tariff duties may be partially or wholly 1059 / 88 of 28 March 1988 laying down the arrangements re-established for the products in question . These measures applicable to Greece's trade with Turkey ( s ); whereas the may also be taken in the event of serious injury or the threat Council also adopted Regulation ( EEC) No 2573 / 87 of of serious injury limited to a single region of the 11 August 1987 laying down the arrangements for trade Community . between Spain and Portugal , on the one hand , and Algeria , Egypt, Jordan , Lebanon , Tunisia and Turkey, on the other ( 6 ); Article 3 Whereas this Regulation applies therefore to the Community as currently constituted . 1 . In order to ensure the application of Article 2 , the Commission may decide by means of a Regulation to re-establish Common Customs Tariff duties for a limited (!) OJ No L 323 , 29 . 11 . 1980 , p. 1 . (2 ) OJ No 217 , 29 . 12 . 1964 , p . 3687 / 64 . period . ( 3 ) OJ No L 361 , 31 . 12. 1977 , p. 2 . ( 4 ) OJ No L 48 , 26 . 2. 1986 , p. 36 . ( 7 ) OJ No L 59 , 5 . 3 . 1973 , p. 73 . ( 5 ) OJ No L 104 , 23 . 4 . 1988 , p. 4 . ( 8 ) OJ No L 142 , 4 . 6 . 1975 , p . 1 . («) OJ No L 250 , 1 . 9 . 1987 , p. 1 . (') OJ No L 112 , 8 . 4 . '1983 , p . 1 .

No L 376 / 10 Official Journal of the European Communities 31 . 12 . 90

2 . Where the Commission has been requested by a Referring the matter to the Council shall not have a Member State to take action it shall take a decision within a suspensory effect. The Council shall meet without delay. It maximum period of 10 working days from receipt of the may by a qualified majority amend or annul the measure request and shall inform the Member States of the action taken . taken .

Article 4 3 . Any Member State may refer the Commission's action to the Council , within 10 working days of its notification . This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels , 21 December 1990 .

For the Council The President A. RUBERTI

31 . 12 . 9G Official Journal of the European Communities No L 376 / 11

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 No CN code (*) Description Rate of duty

Vegetables, fresh or chilled: 15.0001 ex 0709 30 00 — Aubergines , from 1 to 14 January 9%

Manioc, arrowroot, salep , Jerusalem artichokes , sweet potatoes and other similar roots and tubers with high starch or inulin content, fresh or dried , whole or sliced ; sago pith: 15.0003 ex 0714 20 10 — Sweet potatoes intended for human consumption (') Free

Melons (including watermelons) and papaws (papayas), fresh : 15.0005 ex 0807 10 10 — Watermelons, from 1 November to 31 March 6,5%

Chocolate and other food preparations containing cocoa : 15.0007 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

15.0009 1806 20 10 Chocolate and chocolate goods , whether or not filled , sugar confectionery and 9% + MOB 1806 20 30 substitutes therefor made from sugar substitution products , containing cocoa with a max . of 1806 20 50 27% + AD S / Z 1806 20 80 1806 20 95 1806 31 00 1806 32 10 1806 32 90 1806 90 11 1806 90 19 1806 90 31 1806 90 39 1806 90 50

15.0011 ex 1901 90 90 Preparation based on flour of leguminous vegetables in the form of sun-dried discs of dough , known as 'papad' Free

15.0013 ex 1903 00 00 Tapioca , other than tapioca prepared from potato starch 2% + MOB

15.0015 0710 40 00 Preparations: 3% + MOB 0711 90 30 — —. Sweet corn 2001 90 30 2004 90 10 2005 80 00

15.0017 1904 90 10 Of rice 3% + MOB

15.0019 1904 90 90 — — . Of other cereals 2% + MOB

Abbreviations: MOB = variable component . AD S / Z = additional duty on sugar. (*■) The Taric codes are to be found on page 2 of this Annex . (») Entry under this CN code is subject to conditions laid down in the relevant Community provisions.

No L 376 / 12 Official Journal of the European Communities 31 . 12 . 90

Taric codes

Order No CN code Taric code

15.0001 ex 0709 30 00 0709 30 00 » 10 15.0005 ex 0807 10 10 0807 10 10 * 10 15.0007 ex 1806 10 10 1806 1010 * 11 1806 10 10 * 91 II ex 1806 10 30 1806 10 30 » 10 ex 1806 10 90 1806 10 90 * 10 , 15.0011 ex 1901 90 90 1901 90 90 * 12 I Il * 14 ♦ 16 \ * 18 'l 15.0013 ex 1903 00 00 1903 00 00 * 90