COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 153 final 
Brussels, 26 May 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community 
tariff quota for Chinese cabbages, originating in the 
Canary Islands (1989) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. According to Article 6 of Council Regulation (EEC) No 1391/87 concerning 
certain adjustments to the arrangements applied to the Canary Islands 
the'-e is provision for the following Community tariff quota in respect 
of imports into the Community of 100 tonnes of Chinese cabbages, falling 
within CN Code ex 0704 90 90 for the period 1 November to 31 December 
originating in the Canary Islands. 
where the said product» §F§ ifnpgrtecj into that part of Spain which is 
included in the customs territory of the Community, they shall qualify 
for exemption from 6g§|(jms duties. 
Where the said products ape imported into Portugal the duties applicable 
are to be calculated •eeerÉini %Q thf provision! 1n question of the 
Accession Act. 
Where the said products are released for free circulation in the 
remainder of the customs territory of the Community* they shall 
qualify for the progressive reduction qf customs duties according 
to the same timetable and under the sairj conditions as those pro­
vided for in Article 75 of the Act of Accession. 
This tariff quota should therefor»» be opened from 1 November to 31 
December 1989. 
2. In this case, it is proposed that the whole of the quota volume be 
held as a Community reserve to which all Member States have access, 
in accordance with the procedure provided for in Article 3 of the 
proposal for a Regulation. 
This is the purpose of the attached proposal. 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 
opening and providing for the administration of a Community tariff quota for 
Chinese cabbages « originating in the Canary Islands 
( 1989) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 1391/87 
of 18 May 1^87 concerning certain adjustments to the 
arrangements applied to the Canary Islands ('), and in 
particular Articles 6 and 10 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 6 of Regulation (EEC) No 
1391/87 provides for the opening ofaCommunity tariff 
quota for imports into the Community of-v 
-i» 100 tonnes of Chinese cabbages falling within CN 
code ex 0704 90 90,for the period 1 November to 31 
December r originating in the Canary Islands. products in question has t0 comply with certain marking 
and labelling conditions designed to prove its origin ; 
Whereas equal and continuous access to the quota 
should be ensured for all Community importers and the 
rates laid down for the quota should be applied consis­
tently to all imports of the product in question into all 
Member States until the quota is exhausted^ 
c^* whereas, however, 
it should not be allocated among the Member States. 
4without prejudice to the drawing against the quota 
volumes of such quantities as they may need, under !. 
conditions and according to the procedure mentioned in] 
rticle 3; whereas this method of administration i 
requires close cooperation between the Member States ; 
and the Commission and the latter must in particular be 
able to monitor the rate at which the quota is used and 
inform the Member States accordingly ; 
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, any operation concerning the adminis­
tration of the drawings made by that economic 
union,may be carried out by any one of its members. 
Whereas, where the said product is imported into that 
part of Spain which is included in the customs territory of 
the Community, it qualifies for exemption from 
customs duties:3 
<_]^ whereas, where the said product is imported into 
Portugal, the quota duties aplicable are to be calculated in 
accordance with the relevant provisions of the Act of 
Accession ; whereas, where the said product is released 
for free circulation in the remainder of the customs 
territory of the Community, it qualifies for the 
progressive reduction of customs duties according to the 
same timetable and under the same conditions as those 
provided for in Article 75 of the Act of Accession^ 
C >> whereas, to qualify for the tariff quotas, the HAS ADOPTED THIS REGULATION 
Article 1 
1. (a) The customs duties applicable to imports into the 
Community of the following product originating 
in the Canary Islands shall be suspended at the 
level indicated and within the limits of the 
Community tariff quota, as shown below : 
Order No 
09.0437 CN code 
ex 0704 90 90 Description 
Chinese cabbages, from 1 November to 31 December 198-9 Amount 
of quota 
(in tonnes) 
100 Quota durv 
(7o) 
9,5 
0 OJ No L 133, 18. 5. 1987, p. 5. 
-2 -
(b) Where the said product is imported into that 
part of Spain which is included in the customs 
territory of the Community, it shall qualify for 
exemption from customs duties. 
(c) Within the limit of this tariff quota , the 
Portuguese Republic shall apply customs duties 
calculated according to the relevant provisions of 
the Act ot Accession and the Regulations relating 
thereto. 
!.(a) Without prejudice to the other provisions 
applicable as regards quality standards, the product 
covered by this Regulation cannot qualify under 
the tariff quota: unless, when it is presented to 
the authorities responsible for the import 
formalities for the purposes of release into free 
circulation in the customs territory of the 
Community, it is presented in packaging 
which bears the words 'Canary Islands', or the 
equivalent thereof in another official Community 
language, in a clearly visible and perfectly legible 
form. 
(b) The third and fourth subparagraphs of Article 9 of 
Council Regulation (EEC) No 1035/72 of 18 May 
1972 on the common organization of the market 
in fruit and vegetables ('), as last amended by 
Regulation (EEC) No (2), shall not apply to 
the product covered by thiss Regulation. 
Article 2 
The tariff quota referred co in Article 1 shall be administered 
by the Commission, which may take any appropriate 
measure with a view to ensuring the efficient administration 
thereof. *• The drawings are granted by the Commission on the basts of 
rhc dare of acceptance of the declaration of entry into free 
circulation by the customs authorities of the Member State 
concerned, to the extent that the available balance so 
permits. 
It i Member State does not use the quantities drawn, it shall 
return them as soon as possible to the tariff quota. 
It the quantities requested are greater than the .v. .u!able 
balance of the tariff quota, allocation shall be made on a pro 
r.u.i basis with respect to the requests. Member States shall be 
informed by the Commission of the drawings made, 
Article 4 
1. Member States shall take ail appropriate measures to 
ensure that their drawings pursuant ro Article 3 enable 
imports to be charged without interruption against 
"the Community quota. 
2. Each Member State shall ensure that importers of the said 
product have free access to the quota for such 
times JS the balance of the tariff quota so permits 
3. Member States shall charge imports of the said product 
against their drawings as and when such product is entered 
with the customs authorities under cover of declarations of 
entry into free circulation. 
4. The extent to which the quota has been used up shall be 
determined on the basis of the imports charged in accordance 
with paragraph 3. 
Article 3 
If an importer presents in a Member State a declaration of |__ 
entry into free circulation including a request for preferential benefit 
for the product covered by this Regulation, and if this f 
declaration is accepted by the customs authorities, the | 
Member State concerned shall draw, from the tariff quota, 
by means of notification to the Commission, a quantity 
corresponding to these needs. 
The requests for drawing, with the indication of the date of 
acceptance of the said declaration, must be communicated to 
the Commission without delay. Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 , 
This Regulation shall enter into force on 1 November 1989 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
(') OJ No L 118. 20. 5. 1972, p. 1. 
0 OJ No L 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec un engagement 
contractuel de la QDmmunauté. L'impact découlant de cette concession a 
été pris en considération lors de la prise de décision d'adoption de ce 
contingent et il n* aura pas un caractère sérieux sur la ccmpétitivité et 
1 ' anploi dans la Communauté. 
Commission of the European Communities 
COM(89) 153 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff quota 
for Chinese cabbages, originating in the Canary Islands (1989) 
(presented by the Commission) 
26.5.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 5 pp. - Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-50031-X 
Catalogue number: CB-CO-89-206-EN-C 
ISSN 0254-1475 
COM(89) 153 final 
DOCUMENTS 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of 
a Community tariff quota for Chinese cabbages, 
originating in the Canary Islands (1989) 
(presented by the Commission) 
11 02 
Catalogue number: CB-CO-89-206-EN-C 
ISBN 92-77-50031-X 26.5.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES