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 )
Date: 1989-05-26
Institutions: European Commission
Subjects: leaf vegetable, tariff quota

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 
C O U N C IL  REGULATION  (EEC)  No 

of 

o p e n i ng  and  providing  for  the  a d m i n i s t r a t i on  of  a  C o m m u n i ty  tariff  q u o ta  for 
Islands 
Chinese  cabbages 

«  o r i g i n a t i ng 

the  Canary 

in 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

products  in  question  has  t0  comply  with  certain  marking 
and  labelling  conditions  designed  to  prove i ts  origin  ; 

(  1989) 

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 
1391/87  provides for  the  opening  ofaCommunity 
quota 

for  imports  into  the  Community  of-v 

6  of  Regulation 

(EEC)  No 
tariff 

the  quota 
Whereas  equal  and  continuous  access 
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  e x h a u s t e d^ 

to 

c^* whereas, however, 

to 

the  drawing  against 

4 without  prejudice 

it  should  not  be  allocated  among  the  Member  States. 
the  quota 
volumes  of  such  quantities  as  they  may  need,  under 
according  to  t he  procedure  mentioned 
and 
conditions 
i 
this  method  of  administration 
r t i c le  3; 
whereas 
requires  close  cooperation  between 
; 
the  Member  States 
and  the  Commission  and  the  latter  must  in  particular  be 
used  and 
able  to  monitor  the  rate  at  which  the  quota is 
inform  the  Member  States  accordingly  ; 

!. 
in] 

-i»  100  tonnes  of  Chinese  cabbages  falling  within  CN 
code  ex  0704 90  90,for  the  period  1  November  to  31 
December  r  o r i g i n a t i ng  in  t he  Canary  I s l a n d s. 

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  q u a l i f i es  f or  exemption  from 
customs  d u t i e s :3 

HAS  ADOPTED  THIS  REGULATION 

<_]^ 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 
is  released 
Accession  ; whereas,  where  the  said  product 
in  the  remainder  of  the  customs 
for  free  circulation 
territory  of 
the 
progressive  reduction  of  customs  duties  according  to  the 
same  timetable  and  under  the  same  conditions  as  those 
provided  for 

the  Community,  it  q u a l i f i es 

in  Article  75  of 

the  Act  of  Accession^ 

for 

C >>  whereas,  to  qualify  for  the  tariff  quotas,  the 

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 
the 
Community  tariff  quota,  as  shown  below  : 

indicated  and  within 

limits  of 

the 

Order  No 

CN  code 

Description 

Amount 
of  quota 
(in  tonnes) 

09.0437 

ex  0704 90 90 

Chinese  cabbages,  from  1  November  to  31  December  198-9 

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 
shall  qualify  for 
territory  of  the  Community,  it 
exemption  from  customs  duties. 

(c)  Within 

of 

the 

this 

limit 

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 

it 

authorities 

applicable  as  regards  quality  standards,  the  product 
covered  by  this  Regulation  cannot  qualify  under 
is  presented  to 
the  tariff  quota:  unless,  when 
the 
import 
responsible 
formalities  for  the  purposes  of  release  into  free 
circulation 
the 
Community, 
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. 

the  customs 
is 

territory  of 

presented 

in 
it 

the 

for 

(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 
last  amended  by 
in  fruit  and  vegetables ('),  as 
(2), shall  not  apply  to 
Regulation  (EEC)  No 

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. 

*• 

Article  3 

If  an  importer  presents  in  a  Member  State  a declaration  of |__ 
entry into free circulation including a request for preferential  b e n e f it 
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. 

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 

t he  d r a w i n gs  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. 

Each  Member  State  shall  ensure  that  importers  of  the  said 

2. 
product 
times  JS the  balance  of  the  tariff  quota  so  permits 

have  free  access  to  the  quota  for  such 

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 

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 

COM(89)  153  final 

ISSN 0254-1475 

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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

26.5.1989