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( 1 ) OJ NO L 141 , 12 . 6 . 1969 , P . 1 .

( 2 ) OJ NO C 239 , 22 . 9 . 1979 , P . 2 .

( 3 ) OPINION DELIVERED ON 18 JANUARY 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL .

( 4 ) OJ NO L 59 , 5 . 3 . 1973 , P . 73 .

( 5 ) OJ NO L 142 , 4 . 6 . 1975 , P . 1 .

( 6 ) OJ NO L 253 , 15 . 9 . 1978 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 235/80

OF 29 JANUARY 1980

ON THE TOTAL OR PARTIAL SUSPENSION OF COMMON CUSTOMS TARIFF DUTIES ON CERTAIN AGRICULTURAL PRODUCTS ORIGINATING IN TURKEY ( 1980 )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 113 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1059/69 OF 28 MAY 1969 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ( 1 ), AND IN PARTICULAR ARTICLE 12 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ),

WHEREAS , UNDER ANNEX 6 OF THE ADDITIONAL PROTOCOL LAYING DOWN THE CONDITIONS , PROCEDURES AND TIMETABLES FOR IMPLEMENTING THE TRANSITIONAL PHASE PURSUANT TO ARTICLE 4 OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY , AND UNDER ARTICLE 1 OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY CONSEQUENT ON THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , THE COMMUNITY MUST TOTALLY OR PARTIALLY SUSPEND THE COMMON CUSTOMS TARIFF OR DUTIES APPLICABLE TO CERTAIN PRODUCTS ; WHEREAS IT ALSO APPEARS NECESSARY ON A PROVISIONAL BASIS TO ADJUST OR SUPPLEMENT SOME OF THESE TARIFF ADVANTAGES PROVIDED FOR IN THE ABOVEMENTIONED ANNEX 6 ; WHEREAS THE COMMUNITY SHOULD WITH REGARD TO THE PRODUCTS ORIGINATING IN TURKEY CONTAINED IN THE LIST ANNEXED TO THIS REGULATION , SUSPEND UNTIL 31 DECEMBER 1980 EITHER THE FIXED COMPONENT OF THE CHARGE APPLICABLE TO THE GOODS COMING UNDER REGULATION ( EEC ) NO 1059/69 OF THE CUSTOMS DUTY APPLICABLE TO THE OTHER PRODUCTS , AT THE LEVELS INDICATED FOR EACH OF THEM ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM 1 JANUARY UNTIL 31 DECEMBER 1980 THE PRODUCTS ORIGINATING IN TURKEY LISTED IN ANNEX A SHALL BE ADMITTED FOR IMPORT INTO THE COMMUNITY 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 OF 29 DECEMBER 1972 ANNEXED TO REGULATION ( EEC ) NO 428/73 ( 4 ), AS AMENDED BY DECISION NO 1/75 OF 26 MAY 1975 ANNEXED TO REGULATION ( EEC ) NO 1431/75 ( 5 ).

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 OF 29 DECEMBER 1972 ANNEXED TO REGULATION ( EEC ) NO 428/73 , AS LAST AMENDED BY DECISION NO 1/78 OF 18 JULY 1978 ANNEXED TO REGULATION ( EEC ) NO 2152/78 ( 6 ).

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 .

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 .

3 . ANY MEMBER STATE MAY REFER THE COMMISSION ' S ACTION TO THE 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 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 29 JANUARY 1980 .

FOR THE COUNCIL

THE PRESIDENT

F . EVANGELISTI