CELEX: 31986R4046
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4046/86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for beans (of the species Phaseolus), onions and sweet peppers, falling within heading No ex 07.01 of the Common Customs Tariff and originating in the Canary Islands (1987)

No L 377 / 16                              Official Journal of the European Communities                                  31 . 12 . 86
                                           COUNCIL REGULATION (EEC) No 4046 / 86
                                                         of 22 December 1986
                   opening, allocating and providing for the administration of Community tariff quotas for
                   beans ( of the species Phaseolus), onions and sweet peppers, falling within heading No
                     ex 07.01 of the Common Customs Tariff and originating in the Canary Islands ( 1987)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Accession ; whereas , when 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 of customs duties according to the
 Having regard to the Act of Accession of Spain and                    same timetable and under the same conditions as those
 Portugal ^), and in particular Article 4 of Protocol 2                provided for in Article 75 of the Act of Accession ; whereas ,
 annexed thereto ,
                                                                       to qualify for the tariff quota , the products in question
                                                                       have to comply with certain marking and labelling
 Having regard to the proposal from the Commission ,                   conditions designed to prove their origin;
 Whereas the Treaty and the acts of the Institutions of the            Whereas the tariff quotas in question should therefore be
 European Communities apply to the Canary Islands                      opened for 1987 , with the validity of this Regulation being
 according to the conditions provided for in Article 25 of             limited , however , to the period 1 January to 31 March
 the Act of Accession and in Protocol 2 annexed to the
                                                                       1987 , which precedes the entry into force of the definitive
 said Act ;                                                            tariff regime to be adopted in this field ; whereas provision
                                                                       should be made for the quantities imported under this
 Whereas, according to Article 4 of Protocol 2 annexed to              Regulation to be deducted from the quota volume amounts
 the Act of Accession , beans , onions and sweet peppers               adopted under the definitive regime ;
 falling within heading No ex 07.01 of the Common
 Customs Tariff and originating in the Canary Islands
 qualify on import into the customs territory of the                   Whereas it is in particular necessary to ensure for all
 Community for reduced duties within the limits of annual              Community importers equal and uninterrupted access to
 Community tariff quotas ; whereas the quota volumes                   the abovementioned quotas and uninterrupted application
 amount to :
                                                                       of the rates laid down for these quotas to all imports of the
                                                                       products concerned into all Member States until the quotas
 — 1 219 tonnes for beans (of the species Phaseolus) of                have been used up ; whereas , having regard to the principles
      subheading 07.01 F II of the Common Customs                      mentioned above, the Community nature of the quotas can
      Tariff,                                                          be respected by allocating the Community tariff quotas
                                                                       among the Member States ; whereas , in order to reflect as
 — 5 348 tonnes for onions of subheading ex 07.01 H
                                                                       accurately as possible the true trend of the market in the
      of the Common Customs Tariff,
                                                                       products in question , such allocation should be in
 — 16 605 tonnes for sweet peppers of subheading 07.01 S               proportion to the requirements of the Member States ,
      of the Common Customs Tariff;                                    calculated by reference to the statistics for imports of the
                                                                       products concerned originating in the Canary Islands over
                                                                       a representative reference period and also to the economic
Whereas , when the said products are imported into that                outlook for the quota period in question ;
part of Spain which is included in the customs territory of
the Community , they qualify for exemption of customs
duties ; whereas , where the said products are imported into          Whereas , during the last three years for which statistics are
Portugal , the quota duties applicable are to be calculated            available , imports into each of the Member States were as
on the basis of the provisions belonging to the Act of                 follows :
(') OJ No L 302 , 15 . 11 . 1985 , p. 23 .
 ---pagebreak--- 31 . 12 . 86                             Official Journal of the European Communities                                             No L 377 / 17
                                                                                                                                          (in tonnes)
                                                — 07.01 F II —                         — 07.01 H —                        — 07.01 S —
                                         beans (of the species Phaseolus)                 onions                          sweet peppers
               Member States
                                          1983         1984        1985         1983       1984     1985           1983        1984          1985
Benelux                                   418          338         720                       31     1 000        7 781        8 716        13 054
Denmark                                                               2                                61            34            6         1 086
Germany                                     14           18          62                      24       566           443         426          5 758
Greece
                                             average of             627
                                                                                  average of       14 026            average of               151
Spain                                           723                                  4 488                               279
France                                                                                                 45              8         30             46
Ireland                                                                                                                1
Italy
Portugal
United Kingdom                            116          309          458                    133      1 067        6 137        6 851         7 284
Whereas in the last three years the products in question                    reserve ; whereas this must be done by each Member State
were only imported regularly by certain Member States and                   as and when each of its additional shares is almost used up ,
not at all or only occasionally by the other Member States ;                and repeated as many times as the reserve allows ; whereas
whereas , under these circumstances , in the first phase ,                  the initial and additional shares must be valid until the end
initial shares should be allocated to the genuine importing                 of the quota period; whereas this method of administration
Member States and the other Member States should be                         requires close cooperation between the Member States and
guaranteed access to the benefit of the tariff quotas when                  the Commission and the latter must be in a position to
imports take place in the latter; whereas these                             monitor the extent to which the quota amounts have been
arrangements for allocation will equally ensure the uniform                 used up and to inform Member States thereof;
application of the Common Customs Tariff;
                                                                            Whereas , since the Kingdom of Belgium , the Kingdom of
Whereas , in order to take into account import trends for                   the Netherlands and the Grand Duchy of Luxembourg are
the products concerned in the various Member States , each                  united within and jointly represented by the Benelux
quotas should be divided into two instalments , the first                   Economic Union , any operation relating to the
being shared among certain Member States and the second                     administration of the quota shares allocated to that
constituting a reserve to cover the subsequent requirements                 economic union may be carried out by any of its
of these Member States where they have used up their                        members ,
initial shares and any additional requirements which might
arise in the other Member States; whereas , in order to give
importers in each Member State a certain degree of
security , the first instalment of the Community quotas                     HAS ADOPTED THIS REGULATION :
should , under the circumstances , be fixed at 80 %
respectively of the quota volumes ;
                                                                                                       Article 1
Whereas the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into              1 . From 1 January to 31 March 1987 on import into the
account and avoid any break in continuity , any Member                      Community the customs duties applicable for the following
State which has almost used up its initial quota shares                     products shall be suspended at the levels and within the
should draw an additional share from the corresponding                      limits of tariff quotas as follows:
                                 CCT                                                                       Quota
        Order No                                                                                                                     Quota
                                                                  Description                           volumes
                              heading No                                                                                             duties
                                                                                                         ( tonnes )
        09.0423              07.01 F II     Beans ( of the species Phaseolus), originating in               1 219            10,6 % subject to a
                                            the Canary Islands                                                               minimum of 1 ,6
                                                                                                                             ECU per 100 kg
                                                                                                                             net
        09.0425         ex 07.01 H          Onions , originating in the Canary Islands                      5 348                  9,8 %
        09.0427              07.01 S        Sweet peppers , originating in the Canary
                                            Islands                                                      16 605                    5,1 %
 ---pagebreak--- No L 377 / 18                                  Official Journal of the European Communities                                    31 . 12 . 86
      ( a) Where the said products are imported into that part            (c) sweet peppers falling within subheading 07.01 S:
            of Spain which is included in the customs territory                Benelux                                      6 920  tonnes ,
            of the Community , they shall qualify for exemption                Denmark                                         50  tonnes ,
            from customs duties .                                              Germany                                        600  tonnes ,
      ( b ) Within the limits of these quotas the Portuguese                   Spain                                          240  tonnes ,
            Republic shall apply customs duties calculated                     United Kingdom                               5 470 tonnes .
            according to the relevant provisions of the Act of
            Accession and the Regulations relating thereto .
                                                                          3 . The second         instalment     of   each    quota,    i. e
                                                                          respectively :
3 . ( a ) Without prejudice to the provisions applicable as               — 244 tonnes for beans (of the species Phaseolus) falling
            regards quality standards, products covered by this
                                                                               within subheading 07.01 F II,
            Regulation cannot qualify under the tariff quotas
            unless , when they are presented to the authorities           — 1 068 tonnes for onions falling within subheading
            responsible for the import formalities for the                     ex 07.01 H , and
            purposes of release into free circulation in the
            customs territory of the Community , they are                 — 3 325 tonnes for sweet peppers falling within
            presented in packaging which bears the words                       subheading 07.01 S shall constitute the corresponding
            'Canary Islands', or the equivalent thereof in                     Community reserve.
            another official Community language, in a clearly
            visible and perfectly legible form .
      ( b ) The provisions of the third and fourth
                                                                          4. If an importer notifies the imminent import of the
                                                                          product in question into the other Member States and
            subparagraphs of Article 9 of Council Regulation
            ( EEC ) No 1035 / 72 of 18 May 1972 on the
                                                                          requests the benefit of the quota, the Member State
                                                                          concerned shall inform the Commission and draw an
            common organization of the market in fruit and                amount corresponding to these requirements to the extent
            vegetables ( 1 ), as last amended by Regulation (EEC)         that the available balance of the reserve so permits.
            No 1351 / 86 (2 ), shall not apply to products
            covered by this Regulation .
4 . The quantities imported under the tariff quotas
referred to in paragraph 1 shall be deducted from the
annual quota volume amounts adopted under the definitive                                              Article 3
tariff regime which will come into force on 1 April 1987 .
                                                                          1.   If 90 % or more of a Member State's initial share as
                                                                          specified in Article 2 ( 2 ) has been used up , then , to the
                                                                          extent permitted by the amount of the reserve, that
                                  Article 2                               Member State shall forthwith , by notifying the
                                                                          Commission , draw a second share equal to 10 % of its
1 . The tariff quotas laid down in Article 1 shall be divided             initial share, rounded up where necessary to the next
into two instalments .                                                    unit .
2 . A first instalment of each tariff quota shall be shared
among certain Member States ; the respective shares which                 2 . If, after one of its initial shares has been used up , 90 %
shall be valid until 31 March 1987 shall amount to the                    or more of the second share drawn by a Member State has
quantities indicated below:                                               been used up , then that Member State shall , in accordance
                                                                          with the conditions laid down in paragraph 1 , draw a third
( a ) beans (of the species Phaseolus ) falling within                    share equal to 5 % of its initial share , rounded up where
      subheading 07.01 F II :                                             necessary to the next unit.
      Benelux                                            260 tonnes ,
      Germany                                             15 tonnes ,
      Spain                                              580 tonnes ,     3 . If, after one of its second shares has been used up ,
      United Kingdom                                     120 tonnes;      90 % or more of the third share drawn by a Member State
( b ) onions falling within subheading ex 07.01 H :                       has been used up , that Member State shall ,, in accordance
      Benelux                                            370 tonnes ,     with the conditions laid down in paragraph 1 , draw a
                                                                          fourth share equal to the third .
      Germany                                          - 200 tonnes ,
      Spain                                           3 595 tonnes,
      United Kingdom                                     115 tonnes ;     This process shall continue until the reserve is used up .
(') OJ No L 118 , 20 . 5 . 1972 , p. 1 .                                  4 . By way of derogation from paragraphs 1 , 2 and 3 , a
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p. 46 .                                Member State may draw shares smaller than those fixed in
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                              No L 377 / 19
those paragraphs if there is reason to believe that they              charged without interruption against their accumulated
might not be used up . It shall inform the Commission of its          shares of the tariff quota .
reasons for applying this paragraph .
                                                                      2 . The Member States shall ensure that importers of the
                                                                      products in question have free access to the shares allocated
                                                                      to them .
                            Article 4
                                                                      3 . The Member States shall charge the imports of the
The additional shares drawn pursuant to Article 3 shall be            products concerned against their shares as and when the
valid until 31 March 1987 .                                           products are entered whith customs authorities for free
                                                                      circulation .
                                                                      4 . The extent to which a Member State has used up its
                                                                      share shall be determined on the basis of the imports of the
                            Article 5                                 products concerned , originating in the Canary Islands,
                                                                      entered with the customs authorities accompanied by
The Commission shall keep an account of the shares                    statements of release for free circulation .
opened by the Member States pursuant to Articles 2 and 3
and , as soon as it is notified, shall inform each State of the
                                                                                                Article 7
extent to which the reserves have been used up .
                                                                      At the Commission's request, the Member States shall
It shall ensure that the drawing which exhausts any reserve           inform it of imports of the products concerned actually
does not exceed the balance available and , to this end, shall        charged against their shares .
notify the amount of that balance to the Member State
making the last drawing.
                                                                                                Article 8
                                                                      The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with.
                            Article 6
1 . The Member States shall take every measure necessary                                        Article 9
to ensure that additional shares drawn pursuant to
Article 3 are opened in such a way that imports may be                This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1986 .
                                                                                           For the Council
                                                                                            The President
                                                                                              G. SHAW