Proposal for a Council Regulation (EC) on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 27. 02. 1998 COM(1998) 107 final 98/0069 (ACQ Proposal for a COUNCIL REGULATION (EC) on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95 (presented by the Commission) EXPLANATORY MEMORANDUM The purpose of this proposal for a Regulation is to enable the Commission to implement the concessions provided for in the latest decision of the EC-Turkey Association Council on the trade regime for agricultural products. For fishery products, there is a special provision making application of the preferential tariff subject to observance of import and reference prices. It also provides lor the abolition of the former concessions by repealing Council Regulation (EEC) No 4115/86' as regards the concessions provided for in Decision No 1/80 of the Association Council, and certain provisions on Turkey laid down in Council Regulation (EC) No 3010/W. In view of the very strict lime limits, it is proposed that this Regulation should enter into force on the day following its publication in the Official Journal of the European Communities. 1 OJ 380, 31. 12. 1986, p. 16. O. I 314, 2 8. I 2. I W 5, p. I. Regulation amended by Council Regulation (IÎC) No 540/96, OJ 79, 29. 3. 1996, p. 8. J- 3 Proposal for a Council Regulation (KC) No on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95 THE COUNCIL OF I I IE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 1 13 thereof, Having regard to the proposal from the Commission, Whereas Decision No. /98 of the EC-Turkey Association Council of 1998 on the trade regime for agricultural products establishes the system of preferences applicable to imports into the Community of agricultural products originating in Turkey; whereas provision should be made to allow the Commission to adopt special detailed rules for the application of that new import regime, without prejudice to Articles 6 and 7 of Council Regulation (EC) No 1981/94 opening and providing for the administration of Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Malta, Morocco, West Bank and Gaza strip, Tunisia and Turkey, and providing detailed rules for extending and adapting these tariff quotas5; Whereas, in the case of products for which Community regulations require a certain import price to be observed, application of the preferential tariff system is subject to observance of that price; 1 OJ 199, 2. 8. 1994, p. I. Regulation as last amended by Commission Regulation (liC) No 1667/97 (OJ 216, 27 8. 1997, p. 1. ) Whereas Council Regulation (EEC) No 4115/86 of 22 December 19864 lays down the arrangements applicable to imports into the Community of agricultural products originating in Turkey on the basis of Decision No 1/80 of the EEC-Turkey Association Council; whereas the provisions on agriculture of that Decision were repealed by Decision No. 798 of the Association Council; whereas, as a result, Regulation (EEC) No 4115/86 should be repealed; Whereas the tariff concessions for the three products originating in Turkey laid down in Council Regulation (EC) No 3010/95 of 18 December 1995 totally or partially suspending the customs duties applicable to certain products falling within Chapters 1 to 24 and Chapter 27 of the Combined Nomenclature originating in Malta and Turkey5, as amended by Council Regulation (EC) No 540/96 of 25 March 1996(\ should also be abolished; Whereas the Decision of the Association Council applies from 1 January 1998; whereas, in view of the urgency, this Regulation should enter into force on the day following its publication in the Official Journal of the European Communities, HAS ADOPTED THIS REGULATION: Article I l;or the products listed in Annex II to the EC Treaty originating in Turkey and allowed for importation into the Community under the conditions laid down in Decision No. 798 of the EC-Turkey Association Council, detailed rules for the application of the import regime shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC7 or, where applicable, in the corresponding Articles of the other regulations on the common organisation of agricultural markets, without prejudice to Articles 6 and 7 of Council Regulation (EC) No 1981/94. 2 OJ380, 31. 12. 1986, p. 16. 1 OJ 314, 28. 12. 1995, p. I. 4 OJ 79, 29. 3. 1996, p. 8. 5 OJ 172, 30. 9. 1966, p. 3025/66. Article 2 In the case of products for which Community regulations require a certain import price to be observed, application of the preferential tariff system shall be subject to observance of that price. In the case of fishery products for which a reference price is set, application of the preferential tariff shall be subject to observance of that reference price. Article 3 Council Regulation (EEC') No 4115/86 is hereby repealed. Article 4 Regulation (EC) No 3010/95 is hereby amended as follows: 1. The title is replaced by the following: "Council Regulation (EC) No 3010/95 of 18 December 1995 totally or partially suspending the customs duties applicable to certain products falling within Chapters I to 24 of the Combined Nomenclature originating in Malta". 2. The text of Article 1 is replaced by the following: "Imports into the Community of the products originating in Malta listed in the Annex to this Regulation shall be subject to the customs duties indicated for each product". 3. The text of Article 2 is replaced by the following: "Tor the purposes of applying this Regulation, the rules of origin shall be those in force at any given lime for the purposes of the Agreements establishing an association between the European Economic Community and Malta". 4. Annex I with the list of products falling within Chapters I to 24 originating in Malta is entitled "Annex". 5. Annex II with the list of products falling within Chapters 1 to 24 originating in Turkey is repealed. Article 5 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member Slates. Done at Brussels, 1998 •or the Council FINANCIAL STATEMENT rw*aaaBS«ESE,-*H?spyt BUDGET HEADING. Chapter 10 - agricultural duties APPROPRIATIONS: ECU 623. 8 million TITLE: Council Regulation on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 41 15/86 and amending Regulation (EC) No 3010/95 LEGAL BASIS: Article I 13 of the Treaty AIMS: 'To implement the concessions provided for in Decision No. /98 of the EC- Turkey Association Council. 5. FINANCIAL IMPLICATIONS 5. 0 EXPENDITURE CHARGED TO THE EG BUDGET (REFUNDS/IN TERVEN HON) - NATIONAL AUTUORITIES - OTHER 5. 1. REVENUE - OWN RESOURCES Ol •THE I'C (LEVIES/CUS TOMS DUTIES) - NATIONAL 5 0 I 5. 1 I 5. 2 ESTIMATED EXPENDITURE ESTIMATED REVENUE METHOD OF CALCULATION: PERIOD OF 12 MONTHS (ECU million) CURRENT FINANCIAL YEAR (97) (ECU million) FOLLOWING FINANCIAL YEAR (98) (ECU million) 1997 1998 1999 2000 6. 0 6 1 CAN IIII- PROJECT BE: FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF Till- CURRENT BUDGET? CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? WILL A SUPPLEMENTARY BUDGET BE NECESSARY? WILL FUTUR!- BUDGET APPROPRIATIONS BE NECESSARY? 6. 2 6. 3 OBSERVATIONS: YES/NO YES/NO Y-ES/NO YES/NO This proposal lor a Council Regulation implements the concessions provided Tor in Decision No. /98 of the EC-Turkey Association Council, for which statement No 002/1II /CG/da was drawn up. This proposal has no additional financial implications. <? ISSN 0254-1475 COM(98) 107 final DOCUMENTS EN 03 11 02 10 Catalogue number : CB-CO-98- 107-EN-C ISBN 92-78-31328-9 Office for Official Publications of the European Communities L-2985 Luxembourg 9