31 . 12 . 86 Official Journal of the European Communities No L 380 / 21
COUNCIL REGULATION (EEC) No 4116 / 86
of 22 December 1986
on the total or partial suspension of Common Customs Tariff duties on certain agricultural
products originating in Turkey ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Tunisia or Turkey ( 6 ); whereas in the absence of a Protocol
as provided for in Articles 179 and 366 of the Act of
Accession of Spain and Portugal , the Community must take
the measures referred to in Articles 180 and 367 of that
Act ; whereas , this Regulation therefore applies to the
Community of Ten ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC ) No 3033 / 80
of 11 November 1980 laying down the trade arrangements
applicable to certain goods resulting from the processing of
agricultural products (*) and in particular Article 12
thereof,
Having regard to the proposal from the Commission ,
Article 1
1 . From 1 January until 31 December 1987 the products
originating in Turkey listed in the Annex shall be admitted
for import into the Community of Nine at the customs
duties indicated for each of them .
2 . For the purposes of application of this Regulation ,
'originating products' shall mean those products which
fulfil the conditions laid down in Association Council
Decision No 4 / 72 attached to Regulation (EEC) No
428 / 73 ( 6 ), as amended by Decision No 1 / 75 attached to
Regulation (EEC) No 1431 / 75 ( 7 ).
Whereas , under Annex 6 of the Additional Protocol laying
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 9 of the Supplementary Protocol to the Association
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 30 June 1973 and entered into force on 1 March
1986 ( 4 ), the Community must totally or partially suspend
the Common 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 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 , suspend until 31 December
1987 either the fixed component of the charge applicable to
the goods falling within Regulation (EEC ) No 3033 / 80 or
the customs duty applicable to the other products , at the
levels indicated for each of them;
The methods of administrative cooperation which ensure
that 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) No 428 / 73 , as last amended by Decision
No 1 / 83 , attached to Regulation (EEC ) No 993 / 83 ( 8 ).
Article 2
When the imports of products benefiting from the
arrangements provided for in Article 1 come into the
Community in quantities or at prices which cause or
threaten to cause serious loss to the Community producers
of similar products or directly competitive products , the
Common Customs Tariff duties may be partially or wholly
reintroduced for the products in question . These measures
may also be taken in the event of serious loss or the threat
of serious loss limited to a single region of the
Community .
Whereas , in accordance with Article 119 of the Act of
Accession of Greece , the Council adopted Regulation
(EEC) No 3555 / 80 ( 5 ), determining the arrangements to
be applied with regard to imports into Greece , originating
in Algeria , Israel , Malta , Morocco , Portugal , Syria ,
(0 OJ No L 323 , 29 . 11 . 1980 , p. 1 .
( 2 ) OJ No 217 , 29 . 12 . 1964 , p. 3683 / 64 .
( 3 ) OJ No L 361 , 31 . 12 . 1977 , p. 2 .
( 4 ) OJ No L 48 , 26 . 2 . 1986 , p. 36 .
( 5 ) OJ No L 382 , 31 . 12 . 1980 , p. 1 .
( 6 ) OJ No L 59 , 5 . 3 . 1973 , p. 73 .
( 7 ) OJ No L 142 , 4 . 6 . 1975 , p. 1 .
( 8 ) OJ No L 112 , 8 . 4 . 1983 , p. 1 .
No L 380 / 22 Official Journal of the European Communities 31 . 12 . 86
3 . Any Member State may refer the Commission's action
to be Council , within a period of 10 working days
following the day of its notification . The intervention of
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 taken .
Article 3
1 . In order to ensure the application of Article 2 , the
Commission may decide by means of a Regulation to
reintroduce Common Customs Tariff duties for a limited
period .
2 . Where the Commission has been requested by a
Member State to take action it shall take a decision within
a maximum period of 10 working days from receipt of the
request and shall inform the Member States of the action
taken .
Article 4
This Regulation shall enter into force on 1 January 1987 .
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
31 . 12 . 86 Official Journal of the European Communities No L 380 / 23
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
CCT
heading
No
Description Rate of duty
07.01 Vegetables , fresh or chilled :
T. Other :
15.0001
ex 08.09
ex II . Aubergines , from 1 to 14 January
Other fruit , fresh :
9 %
15.0003
18.06
— Watermelons , from 1 November to 31 March
Chocolate and other food preparations containing cocoa :
6,5 %
15.0005I A. Cocoa powder , not otherwise sweetened than by the addition of sucrose 3 % + VC
15.0007
19.02
C. Chocolate and chocolate goods , whether or not filled , sugar confectionery
and substitutes therefor made from sugar substitution products , containing
cocoa
Malt extract ; preparation of flour , meal , starch or malt extract , of a kind used as
infant food or for dietetic or culinary purposes , containing less than 50 % by
weight of cocoa :
B. Other :
9 % + VC
with a max.
of 27 % + ads
15.0009
21.07
ex II . Other :
— Preparations based on flour of leguminous vegetables in the form
of sun-dried discs of dough , known as 'papad'
Food preparations not elsewhere specified or included :
A. Cereals in grain or ear form , pre-cooked or otherwise prepared :
Free
15.0011l I. Maize 3 % + VC
15.0013 II . Rice 3 % + VC
15.0015\ III . Other 2 % + VC
Abbreviations:
( L ) = levy ,
VC = variable component ,
ads = additional duty on sugar .
Full & Egal Universal Law Academy