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( 1 ) OJ NO L 65 , 11 . 3 . 1981 , P . 36 .

( 2 ) OJ NO L 382 , 31 . 12 . 1980 , P . 1 .

( 3 ) OJ NO L 59 , 5 . 3 . 1978 , P . 73 .

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

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

( 6 ) OJ NO L 192 , 26 . 8 . 1971 , P . 14 .

COUNCIL REGULATION ( EEC ) NO 3721/84 OF 18 DECEMBER 1984 ON IMPORTS INTO THE COMMUNITY OF AGRICULTURAL PRODUCTS ORIGINATING 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 NO 1/80 , THE EEC-TURKEY ASSOCIATION COUNCIL DECIDED TO ABOLISH THE CUSTOMS DUTIES STILL 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 :

TIMETABLE * RATE OF REDUCTION

AS FROM 1 JANUARY 1981 * 30 %

AS FROM 1 JANUARY 1983 * 60 %

AS FROM 1 JANUARY 1985 * 80 %

AS FROM 1 JANUARY 1987 * 100 %

( 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 THIRD PERIOD BEGINNING 1 JANUARY 1985 AND ENDING 31 DECEMBER 1986 ;

WHEREAS COMMON CUSTOMS TARIFF DUTIES , WHICH DIRECTLY INFLUENCE THE LEVEL OF DUTIES APPLICABLE UNDER DECISION NO 1/80 , ARE OFTEN REDUCED OR SUSPENDED AND IT THEREFOR BECOMES NECESSARY TO ADJUST DUTIES ON AGRICULTURAL IMPORTS FROM TURKEY ACCORDINGLY ;

WHEREAS THIS REGULATION SHOULD THEREFORE CONTAIN PROVISIONS ENABLING THE MEMBER STATES CUSTOMS ADMINISTRATIONS TO DETERMINE WHAT CUSTOMS DUTIES SHOULD APPLY TO AGRICULTURAL PRODUCTS ORIGINATING IN TURKEY WHEN COMMON CUSTOMS TARIFF DUTIES ARE CHANGED OR SUSPENDED ;

WHEREAS THE ANNEX TO THIS REGULATION TAKES ACCOUNT OF MODIFICATIONS OR SUSPENSIONS OF COMMON CUSTOMS TARIFF DUTIES APPLICABLE ON 1 JANUARY 1985 ; WHEREAS , CONSEQUENTLY , MEMBER STATES NEED ONLY TAKE ACCOUNT OF MODIFICATIONS OR SUSPENSIONS APPLICABLE FROM 2 JANUARY 1985 ;

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 ) NO 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 THIS REGULATION THEREFORE APPLIES TO THE MEMBER STATES OTHER THAN GREECE ,

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 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 AT THE LEVELS OF CUSTOMS DUTY INDICATED IN EACH CASE .

ARTICLE 2

1 . FROM 2 JANUARY 1985 , WHERE COMMON CUSTOMS TARIFF DUTIES ARE REDUCED OR SUSPENDED EITHER TEMPORARILY OR IN THE CONTEXT OF A TARIFF QUOTA IN RELATION TO CERTAIN PRODUCTS LISTED IN THE ANNEX , THE CUSTOMS DUTIES APPLYING TO THOSE PRODUCTS ORIGINATING IN TURKEY SHALL BE REDUCED IN PROPORTION TO THE APPLICATION OF THE REDUCTIONS OR SUSPENSIONS .

2 . WHERE DUTIES HAVE BEEN REDUCED OR SUSPENDED UNDER THE SYSTEM OF GENERALIZED PREFERENCES OR AS CONCESSIONS TO COUNTRIES WHICH HAVE CONCLUDED PREFERENTIAL AGREEMENTS WITH THE COMMUNITY , THOSE REDUCTIONS OR SUSPENSIONS SHALL NOT BE CONSIDERED AS FALLING UNDER PARAGRAPH 1 .

3 . WHERE COMMON CUSTOMS TARIFF DUTIES ARE REDUCED OR SUSPENDED SUBJECT TO SPECIFIC CONDITIONS , REDUCTION OF DUTIES ON IMPORTS OF PRODUCTS ORIGINATING IN TURKEY , AS PROVIDED FOR IN PARAGRAPH 1 , SHALL BE SUBJECT TO THE SAME CONDITIONS .

4 . DUTIES REDUCED OR SUSPENDED IN ACCORDANCE WITH PARAGRAPH 1 WHICH REACH A LEVEL EQUIVALENT TO OR LESS THAN 2 % SHALL NOT BE COLLECTED . THE SAME RULE SHALL APPLY TO SPECIFIC DUTIES IF THEIR APPLICATION RESULTS IN AN AD VALOREM CHARGE EQUIVALENT TO OR LESS THAN 2 % .

5 . THE REDUCED DUTIES CALCULATED IN ACCORDANCE WITH PARAGRAPH 1 SHALL BE APPLIED BY ROUNDING UP THE FIRST DECIMAL PLACE AND DROPPING THE SECOND DECIMAL PLACE .

ARTICLE 3

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 NO 4/72 ANNEXED TO REGULATION ( EEC ) NO 428/73 ( 3 ) , AS AMENDED BY DECISION NO 1/75 ANNEXED TO REGULATION ( EEC ) NO 1431/75 ( 4 ) .

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 NO 5/72 ANNEXED TO REGULATION ( EEC ) NO 428/73 , AS LAST AMENDED BY DECISION NO 1/78 ANNEXED TO REGULATION ( EEC ) NO 2152/78 ( 5 ) .

ARTICLE 4

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 PARAGRAPH 1 SHALL BE THAT STIPULATED IN COUNCIL REGULATION ( EEC ) NO 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 ( 6 ) , WITHOUT PREJUDICE TO THE PROCEDURES DEFINED IN THE ARTICLES MENTIONED IN THAT PARAGRAPH .

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 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 JANUARY 1985 .

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

DONE AT BRUSSELS , 18 DECEMBER 1984 .

FOR THE COUNCIL

THE PRESIDENT

P . BARRY

ANNEX : SEE OJ NO L 343 OF 31 . 12 . 1984 .