Avis juridique important

Council Regulation (EEC) No 4115/86 of 22 December 1986 on imports into the Community of agricultural products originating in Turkey Official Journal L 380 , 31/12/1986 P. 0016 - 0020 Finnish special edition: Chapter 3 Volume 22 P. 0110 Swedish special edition: Chapter 3 Volume 22 P. 0110

COUNCIL REGULATION (EEC) N° 4115/86 of 22 December 1986 on import into the Community of agricultural products in Turkey THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas, by its Decision N° 1/80, the EEC-Turkey Association Council decided to abolish the customs duties will applicable to imports into the Community of agricultural products originating in Turkey which may not yet be imported into the Community free of customs duty; Whereas in respect of such products: (a)duties equivalent to or less than 2 % are to be abolished from 1 January 1981; (b)duties of more than 2 % are to be abolished in four stages according to the following timetable: >TABLE> (c)duties reaching a level of 2 % or less during the process of tariff dismantling are to be abolished completely; Whereas it is necessary to take measures for the fourth period beginning 1 January 1987; Whereas, in the case of products for which Community rules require a certain import price to be observed, application of the tariff preference is subject to observance of that price; Whereas, for certain products, detailed rules of application have been established as regards quantities of seasonal restrictions by the exchange of letters of 20 January 1981 between the Community and Turkey(1), account having been taken of the interests of both parties; Whereas the step-by-step elimination of the customs duties applied by the Community to imports originating in Turkey does not conflict with the principles and machinery of the common agricultural policy; Whereas the elimination of customs duties by the Community, as provided for in Article 1 of this Regulation, is subject to the observance of normal conditions of competition by Turkey; Whereas, in accordance with Article 119 of the 1979 Act of Accession, the Community adopted Council Regulation (EEC) N° 3555/80 of 16 December 1980 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 the adaptation protocols consequent on the enlargement of the Community have not yet been concluded between the Community and Turkey; whereas, in accordance with Articles 179 and 366 of the Act of Accession of Spain and Portugal, these Member States apply the most favoured nation treatment to Turkey; Whereas this Regulation therefore applies to the Member States other than Greece, Spain and Portugal, HAS ADOPTED THIS REGULATION: Article 1 1. Products originating in Turkey which are listed in Annex II to the EEC Treaty, other than those listed in the Annex hereto, shall be put into free circulation in the Member States other than Greece, Spain and Portugal free of customs duty. 2. Products originating in Turkey which are listed in the Annex hereto shall be put into free circulation in the Member States other than Greece, Spain and Portugal at the levels of customs duty indicated in each case. Article 2 1. In case of products for which Community rules require a certain import price to be observed, application of the preferential tariff shall be subject to observance of that price. In the case of fishery products for which a reference price is fixed, application of the preferential tariff shall be subject to observance of that reference price. 2. For the purposes of the application of this Regulation, originating products means products fulfilling the conditions laid down in Association Council Decision N° 4/72 annexed to Regulation (EEC) N° 428/73(1), as amended by Decision N° 1/75 annexed to Regulation (EEC) N° 1431/75(2). 3. The methods of administrative cooperation for ensuring that imports of the products referred to in Article 1 benefit from the reduced customs duties shall be those laid down in Association Council Decision N° 5/72 annexed to Regulation (EEC) N° 428/73, as last amended by Decision N° 1/78 annexed to Regulation (EEC) N° 2152/78(3). Article 3 1. The reduction of customs duties by the Community as provided for in Article 1 shall be subject to observance by Turkey of the normal conditions of competition defined in Articles 43 to 47 of the Additional Protocol; if a given product is found to have been the subject of dumping, aids or measures incompatible with the principles set out in the Articles referred to, the Community may, without prejudice to the other provisions of those Articles, reimpose the full duty on imports of that product into the Community until such time as the dumping, aids or other measures have been discontinued. 2. The procedure applicable for implementing para- graph 1 shall be that stipulated in Council Regulation (EEC) N° 1842/71 of 21 June 1971 on the protective measures provided for in the Additional Protocol to the Agreement of Association between the European Economic Community and Turkey and in the Interim Agreement between the European Economic Community and Turkey(4), without prejudice to the procedures defined in the Articles mentioned in paragraph 1. 3. In the event of disturbances or the threat of disturbances on the Community market resulting either from quantities or prices of exports of products originating in Turkey for which customs duties have been removed, consultations shall be held in the Association Council as soon as possible, without prejudice to the application, in the event of an emergency, of measures provided for in Community legislation. Article 4 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 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 CouncilThe PresidentG. SHAW (1)OJ N° L 65, 11. 3. 1981, p. 36. (2)OJ N° L 382, 31. 12. 1980, p. 1. (1)OJ N° L 59, 5. 3. 1973, p. 73. (2)OJ N° L 142, 4. 6. 1975, p. 1. (3)OJ N° L 253, 15. 9. 1978, p. 1. (4)OJ N° L 192, 26. 8. 1971, p. 14. ANNEX >TABLE>

COUNCIL REGULATION (EEC) N° 4115/86 of 22 December 1986 on import into the Community of agricultural products in Turkey

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas, by its Decision N° 1/80, the EEC-Turkey Association Council decided to abolish the customs duties will applicable to imports into the Community of agricultural products originating in Turkey which may not yet be imported into the Community free of customs duty;

Whereas in respect of such products:

(a)duties equivalent to or less than 2 % are to be abolished from 1 January 1981;

(b)duties of more than 2 % are to be abolished in four stages according to the following timetable:

>TABLE>

(c)duties reaching a level of 2 % or less during the process of tariff dismantling are to be abolished completely;

Whereas it is necessary to take measures for the fourth period beginning 1 January 1987;

Whereas, in the case of products for which Community rules require a certain import price to be observed, application of the tariff preference is subject to observance of that price;

Whereas, for certain products, detailed rules of application have been established as regards quantities of seasonal restrictions by the exchange of letters of 20 January 1981 between the Community and Turkey(1), account having been taken of the interests of both parties;

Whereas the step-by-step elimination of the customs duties applied by the Community to imports originating in Turkey does not conflict with the principles and machinery of the common agricultural policy;

Whereas the elimination of customs duties by the Community, as provided for in Article 1 of this Regulation, is subject to the observance of normal conditions of competition by Turkey;

Whereas, in accordance with Article 119 of the 1979 Act of Accession, the Community adopted Council Regulation (EEC) N° 3555/80 of 16 December 1980 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 the adaptation protocols consequent on the enlargement of the Community have not yet been concluded between the Community and Turkey; whereas, in accordance with Articles 179 and 366 of the Act of Accession of Spain and Portugal, these Member States apply the most favoured nation treatment to Turkey;

Whereas this Regulation therefore applies to the Member States other than Greece, Spain and Portugal,

HAS ADOPTED THIS REGULATION:

1. Products originating in Turkey which are listed in Annex II to the EEC Treaty, other than those listed in the Annex hereto, shall be put into free circulation in the Member States other than Greece, Spain and Portugal free of customs duty.

2. Products originating in Turkey which are listed in the Annex hereto shall be put into free circulation in the Member States other than Greece, Spain and Portugal at the levels of customs duty indicated in each case.

1. In case of products for which Community rules require a certain import price to be observed, application of the preferential tariff shall be subject to observance of that price.

In the case of fishery products for which a reference price is fixed, application of the preferential tariff shall be subject to observance of that reference price.

2. For the purposes of the application of this Regulation, originating products means products fulfilling the conditions laid down in Association Council Decision N° 4/72 annexed to Regulation (EEC) N° 428/73(1), as amended by Decision N° 1/75 annexed to Regulation (EEC) N° 1431/75(2).

3. The methods of administrative cooperation for ensuring that imports of the products referred to in Article 1 benefit from the reduced customs duties shall be those laid down in Association Council Decision N° 5/72 annexed to Regulation (EEC) N° 428/73, as last amended by Decision N° 1/78 annexed to Regulation (EEC) N° 2152/78(3).

1. The reduction of customs duties by the Community as provided for in Article 1 shall be subject to observance by Turkey of the normal conditions of competition defined in Articles 43 to 47 of the Additional Protocol; if a given product is found to have been the subject of dumping, aids or measures incompatible with the principles set out in the Articles referred to, the Community may, without prejudice to the other provisions of those Articles, reimpose the full duty on imports of that product into the Community until such time as the dumping, aids or other measures have been discontinued.

2. The procedure applicable for implementing para- graph 1 shall be that stipulated in Council Regulation (EEC) N° 1842/71 of 21 June 1971 on the protective measures provided for in the Additional Protocol to the Agreement of Association between the European Economic Community and Turkey and in the Interim Agreement between the European Economic Community and Turkey(4), without prejudice to the procedures defined in the Articles mentioned in paragraph 1.

3. In the event of disturbances or the threat of disturbances on the Community market resulting either from quantities or prices of exports of products originating in Turkey for which customs duties have been removed, consultations shall be held in the Association Council as soon as possible, without prejudice to the application, in the event of an emergency, of measures provided for in Community legislation.

Article 4

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 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 CouncilThe PresidentG. SHAW

(1)OJ N° L 65, 11. 3. 1981, p. 36.

(2)OJ N° L 382, 31. 12. 1980, p. 1.

(1)OJ N° L 59, 5. 3. 1973, p. 73.

(2)OJ N° L 142, 4. 6. 1975, p. 1.

(3)OJ N° L 253, 15. 9. 1978, p. 1.

(4)OJ N° L 192, 26. 8. 1971, p. 14.

ANNEX

>TABLE>