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
Nine ;
Whereas it is in particular necessary to ensure equal and
uninterrupted access for all Community importers to the
abovementioned quota , and uninterrupted application of
the rates laid down for this quota to all imports of the
products concerned into the Member States until the quota
has been used up ; whereas , having regard to the above
principles , the Community nature of the quota can be
respected by allocating the Community tariff quota among
the Member States ; whereas , in order to reflect most
accurately the actual development of the market in the
products in question , such allocation should be in
proportion to the requirements of the Member States ,
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
for the quota period concerned ;
Having regard to the Treaty establishing the European
Economic Community , and in particular 113 thereof,
Having regard to the proposal from the Commission ,
Whereas the Annex to Council Regulation (EEC )
No 3721 / 84 of 18 December 1984 on imports into the
Community of agricultural products originating in
Turkey ( J ) provides that fresh or dried hazelnuts , shelled or
not , falling within subheading ex 08.05 G of the Common
Customs Tariff and originating in Turkey are admitted on
importation into the Community at zero duty , within the
limit of a Community tariff quota of 25 000 tonnes ;
whereas the Community tariff quota concerned should
therefore be opened for 1987 ;
Whereas , in accordance with Article 119 of the Act of
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
or Turkey ( 2 );
Whereas in the absence of a Protocol as provided for in
Articles 179 and 366 of the Act of Accession of Spain and
Whereas on the basis of the currently available statistical
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
following percentage ol the total imports into the
Community from Turkey :
Member States
1
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
for the products concerned and in particular of the
estimates submitted by certain Member States , initial quota
shares may be fixed for 1987 at approximately the
following percentages :
Benelux
Denmark
Germany
France
Ireland
Italy
United Kingdom
8,24
1,60
65,60
12,19
0,03
3,43
8,91
close collaboration between the Member States and the
Commission , and the Commission must be in a position to
follow the extent to which the quota volume has been used
up and inform the Member States thereof;
Whereas , if at a given date in the quota period a substantial
quantity of its initial share remains unused in any Member
State , it is essential that it should return a significant
proportion thereof to the reserve , to prevent part of the
Community quota remaining unused in one Member State
when it could be used in others ; whereas , taking into
account the seasonal nature of imports , it seems
appropriate to fix the transfer limit at 40 % of the initial
share ;
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union , all transactions concerning the
administration of the shares allocated to that economic
union may be carried out by any one of its members ,
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
first being allocated among the Member States and the
second held as a reserve intended to cover at a later date the
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
level which could , in the present circumstances , be
approximately 81 % of the quota volume ;
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
share should draw an additional share from the reserve ;
whereas this should be done by each Member State each
time one of its additional shares is almost used up , and so
on as many times as the reserve allows ; whereas the initial
and additional shares must be valid until the end of the
quota period ; whereas this form of administration requires
HAS ADOPTED THIS REGULATION :
Article 1
1 . From 1 January to 31 December 1987 , the Common
Customs Tariff duty on the following product imported in
the Community of Nine , shall be suspended at the level and
within the limit of a Community tariff quota as shown
herewith :
Order
No
CCT
heading
No
Description
Amount of
tariff quota
( in tonnes )
Rate of
duty
( in % )
09.0201 ex 08.05 G Fresh or dried hazelnuts , shelled or not , originating in
Turkey 25 000 0
2 . A first instalment amounting to 24 000 tonnes shall be
shared among the Member States ; the shares , which subject
to Article 5 shall be valid until 31 December 1987 , shall be
as follows :
2 . Imports of the product in question benefiting from
the same customs duties under preferential arrangements
shall not be charged against this tariff quota .
3 . This Community tariff quota shall be allocated and
administered in accordance with the following provisions .
Benelux
Denmark
Germany
France
Ireland
Italy
United Kingdom
(tonnesJ
1 680
326
13 384
2 486
6
700
1 818
Article 2
1 . The Community tariff quota referred to in Article 1(1 )
shall be divided into two instalments .
31 . 12 . 86 Official Journal of the European Communities No L 380 / 51
3 . The second instalment amounting to 4 600 tonnes shall
constitute the reserve :
Article 6
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
State of the extent to which the reserve has been used up .
It shall notify the Member States , not later than 5 October
1987 , of the state of the reserve after quantities have been
returned thereto pursuant to Article 5 .
It shall ensure that the drawing which uses up the reserve is
limited to the balance available and , to this end , shall
specify the amount thereof to the Member State making the
final drawing .
Article 3
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
returned to the reserve where Article 5 has been applied ,
has been used up , that Member State shall , without delay ,
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
allows .
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
share equal to 5 % of its initial share .
3 . If, after its second share has been used up , 90 % or
more of the third 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 fourth share
equal to the third .
The process shall continue to apply until the reserve is used
up .
4 . Notwithstanding paragraphs 1 , 2 and 3 , Member
States may draw smaller shares than those fixed in these
paragraphs if there is reason to believe that those fixed
might not be used up . They shall inform the Commission
of their grounds for applying this paragraph .
Article 7
1 . Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
without interruption against their aggregate shares in the
Community quota .
2 . Member States shall ensure that importers of the
products have free access to the shares allocated to them or
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
products are entered with customs authorities for free
circulation .
4 . The extent to which a Member State has used up its
shares shall be determined on the basis of the imports
charged in accordance with paragraph 3 .Article 4
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
inform it of imports actually charged against their shares .
Article 9
The Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is
observed .
Article 5
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
initial amount . They may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .
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
proportion of their initial share that they are returning to
the reserve .
Article 10
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
Full & Egal Universal Law Academy