CELEX: 51988PC0499
Language: en
Date: 1988-09-27
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco, processed in the Canary Islands (1989) (presented by the Commission)

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COM (88) 499
Vol. 1988/0179
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 499 final
                                               Brussels , 27 September 1988
                                 Proposal fop a
                           COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of Community
         tariff quotas for certain types of manufactured tobacco ,
                   processed in the Canary Islands ( 1989 )
                        (presented
                        ( presented by  the Commission)
                                    Commission)
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 ---pagebreak---                         EXPLANATORY MEMORANDUM
1 . Article 2 of Protocol 2 to the Act of Accession of Spain and
    Portugal provides that manufactured tobacco falling within
    Chapter 24 of the CN which is processed in the Canary Islands is
    to qualify for exemption from customs duties on importation into
    the custans territory of the Carmunity within the limits of
    annual Community tariff quotas . This tariff preference is
    confined to products which have been imported in the last five
    years . Thus , on the basis of the abovementioned Article 2,
    tariff quotas are to be opened for cigarettes falling within No
    2402 20 00 and cigars , cheroots and cigarillos falling within No
    2402 10 00 of tne CN only .   The volumes concerned are   19 098
    million units and 320,608   million units respectively.
2 . The proposal for a Regulation   opening these tariff quotas
    provides - as is customary in   such cases - for each quota volume
    to be divided into two parts ,  the first being allocated among the
    Member States as quota shares   and the second being held as a
    reserve .
    Allocation of the volume of the first part of each quota took
    account of the fact that there have been no imports or only
    occasional imports into certain Member States in recent years .
    Initial shares have therefore been allocated only to importing
    Mernoer States , while other Member States are guaranteed access to
    the tariff quotas as and when imports are announced .
3 . As regards the method of administration to be applied by all
    Member States the Garmission proposes the "as and when" system .
    This is the purpose of the attached proposal .
 ---pagebreak---                                                          Proposai for a
                                              COUNCIL REGULATION ( EEC ) No
                                                            of
                  opening , allocating and providing for the administration of Community tariff quotas for certain types
                                       of manufactured tobacco processed in the Canary Islands ( 1989 )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              allocation should reflect the requirements of the Member
                                                                         States based on statistics of imports of those products
                                                                         originating in the Canary Islands during a representative
  Having regard to the Treaty establishing the European                  reference period and on the economic outlook for the quota
  Economic Community ,
                                                                         period in question ;
  Having regard to the Act of Accession of Spain and
  Portugal ( ' ), and in particular Article 2 of Protocol 2
  thereto ,                                                              Whereas imports into the Member States during the last three
                                                                         years for which statistics are available were as follows :
  Having regard to the proposal from the Commission ,
                                                                                           Cigarettes falling within     Cigars , cheroots and
                                                                            Member State   IN code2402 20 00            cigarillos falling within
  Whereas Article 2 of Protocol 2 and Article 10 of Protocol 3                                                       code2402 io oo
  to the Act of Accession provide that from 1 January 1986                                    ( millions of units )        ( millions of units )
  manufactured tobacco falling within Chapter 24 of the                                     1985 1936          1987    1985       1986         1987
  combined nomenclature which is processed in the Canary
  Islands is to qualify , in the customs territory of the                Benelux             _         _        _
                                                                                                                      1 300         156           889
  Community , for exemption from customs duties within the               Denmark             –         –        –       –
                                                                                                                                        4           57
  limits of annual Community tariff quotas ; whereas this tariff
                                                                         Germany             –         –
                                                                                                             0,811      –
                                                                                                                                      56            61
  preference applies to products of which there have been
                                                                         Greece              –         –        –       –           –
  imports in the last five years ; whereas , calculated on the basis
                                                                                                                                                 –
  of the abovementioned Article 2 , the quota volumes for                Spain             18496 15723 18354 314200 329175298-274
  cigarettes falling within code 2402 20 00 of the combined              France              –         –        –
                                                                                                                        340           349
  nomenclature and cigars , cheroots and cigarillos falling              Ireland             –         –        –       –           –            –
  within code 2402 10 00 of the combined nomenclature are                Italy               –         –        –       _           –            _
19 098 million units and 32U,608iillion units respectively ;             Portugal            –         –        –       –          328             44C
  whereas there are no imports of other manufactured tobacco             United Kingdom      –         –        –
                                                                                                                       211U           19             9
  falling within Chapter 24 of the combined nomenclature ;
  whereas the tariff quotas in question should therefore be
  opened for 1989;
                                                                         Whereas during the last three years the products in question
                                                                         were imported only by certain Member States and not at all
                                                                         by the other Member States ; whereas under these
                                                                         circumstances initial shares should be allocated only to the
                                                                         importing Member States and the other Member States
                                                                         should be guaranteed access to the benefit of the tariff quotas
                                                                         when imports into those Member States are announced ;
                                                                         whereas these allocation arrangements will ensure the
                                                                         uniform application of the Common Customs Tariff;
 Whereas rules should be laid down on the marking of the
 products concerned ;
                                                                         Whereas , to allow for the trend of imports of the products
 Whereas equal and continuous access to the quotas should be             concerned in the various Member States , each quota volume
 ensured for all Community importers and the rates laid down             should be divided into two parts , the first being allocated
 for the quotas should be applied consistently to all imports of         among certain Member States and the second being held as a
 the products in question into all Member States until the               reserve to cover any subsequent requirements of those
 quotas are exhausted ; whereas , in the light of - these                Member States which have used up their initial shares and
 principles , allocation of the tariff quotas among the Member           any requirements which might arise in the other Member
 States would seem to preserve the Community nature of the               States ; whereas , to afford importers in each Member State
 quotas ; whereas in order to correspond as closely as possible          some degree of certainty , an appropriate level for the first
 to the real trend of the market for the products concerned the          part of the Community quotas would, in the present
                                                                         circumstances , be 80 % and 90 % respectively of the quota
 ( ' ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .                            volumes ;
 ---pagebreak---                                                                           - 2 -
Whereas the initial shares of the Member States may be used                 Community quota from remaining unused in one Member
up at different rates ; whereas , in order to avoid any break in            State when it could be used in others ;
the continuity of supplies on this account , it should be
provided ch.U any Member State which has almost used up                     Whereas since the Kingdom of Belgium , the Kingdom of the
one of its initial quota shares should draw an additional share             Netherlands and the Grand Duchy of Luxembourg are united
from the corresponding reserve ; whereas each time one of its               within and jointly represented by the Benelux Economic
additional shares is almost used up a Member State should                   Union , any operation concerning the administration of the
draw a further share and so on as many times as the reserve                 quota shares allocated to that economic union may be carried
allows ; whereas each of the initial and additional shares must             out by any one of its members ,
be valid uatk the end of the quota period; whereas this form
®f administration requires dose cooperation between the
Member States and the Commission and die latter must he
able to monitor the extent to which the quota volumes have                  HAS ADOPTED THIS REGULATION :
been used up and inform the Member States accordingly;
                                                                                                          Article 1
Whereas if at a given date in the quota period a considerable
quantity of one of a Member State’s initial shares remains                  1.     From 1 January to 31 December 198 9 the duties
unused , it is essential that the Member State concerned                    applicable to imports of the following products shall be
should return a significant proportion thereof to the                       suspended at the levels indicated and within t-he hanks of
corresponding reserve in order to prevent part of a                         Community tariff quotas as shown below :
     Ordir No             CN code                                 Description                              Volume of quota      Rate of duty
                                                                                                            ( million units)
Θ9.0401               2402 20 00            Cigarettes , manufactured ύι the Canary Islands                    19 098               Free
09.0403               2402 10 00            Cigars, cheroots and cigarillos manufactured in the
                                            Canary Islands                                                          320,608         Free
2.     Products covered by this Regulation shall not qualify                3.     The second part of each quota , 3 820 million units
for the tariff quotas unless, when they are presented to the                ' ( CN code 2402 20 00) and 32,U5b
customs authorities responsible for the import formalities for              million     units    ( CN code 2402 10 00 )
release for free circulation in the customs territory of the                                      respectively ,       shall constitute      the
Community, they are presented in packaging which bears the                  corresponding reserve.
words ‘Manufactured in the Canary Islands’ , or the
equivalent thereof in another official Community language ,                 4.     If an importer gives notification of imminent imports
in a clearly visible and perfectly legible form .                           of the products in question into the other Member States and
                                                                            applies to take advantage of the quota , the Member State
                                                                            concerned shall inform the Commission and draw an amount
                            Article 2                                       corresponding to its requirements to the extent that the
                                                                            available balance so permits .
1.     The tariff quotas referred to in Article 1 shall be
divided into two parts .
2.     The first part of each quota shall be allocated among
                                                                                                           Article 3
certain Member States; without prejudice to Article 5 , the
quota shares shall be valid until 31 December 1989and shall
be as follows :                                                              1.    If a Member States has used 90 % or more of one of its
(a) cigarettes falling within CN code 2402 20 00 :                          initial quota shares as specified in Article 2 (2), or of that
                                                                            share less any portion returned to the reserve pursuant to
                                                                            Article 5 , it shall forthwith , by notifying the Commission
     Spain                                15 278 Imillion units ;           and to the extent that the reserve so permits , draw a second
(b ) cigars , cheroots and cigarillos falling within                        share equal to 10% of its initial share, rounded up where
      'CN code 2402 10 00 :                                                 necessary to the next whole number.
      Benelux                          0,721        million units ,
                                                                            2.     If, after one of its initial quota shares has been used up ,
      Spain                         286,674         million units ,         a Member State has used 90 % or more of its second share as
      France                           0,231        million units ,         well , it shall , using the procedure provided for in
     Portugäl                          u,260        million units .         paragraph 1 and to the extent that the reserve so permits ,
     United Kingdom                    0,664       million units
 ---pagebreak---  draw a third share equal to 5 % of the initial share , rounded   It shall inform the Member States , not later than 5 October
 up where necessary to the next whole number.                    1989 , of the state of each of the reserves following any return
                                                                  of quota shares pursuant to Article 5 .
 3.     If, after one of its second shares has been used up , a
Member State has used 90% or more of its third share , it         It shall ensure that the drawing which exhausts one of the
shall , using the procedure provided for in paragraph 1 draw      reserves does not exceed the balance available , and to this
a fourth share equal to the third .                               end shall notify the amount of that balance to the Member
                                                                  State making the final drawing .
This process shall continue until the reserve is used up .
                                                                                              Article 7
4.      By way of derogation from paragraphs 1 , 2 and 3 ,
Member States may draw smaller shares than those specified
                                                                  1.      Member States shall take all appropriate measures to
in the said paragraphs if there is reason to believe that they
                                                                  ensure that additional drawings of shares pursuant to
might not be used in full . Member States shall inform the
                                                                  Article 3 enable imports to be charged without interruption
Commission of their reasons for applying this paragraph .         against their accumulated shares of the Community tariff
                                                                  quotas .
                             Article 4
                                                                  2.      Member States shall ensure that importers of the
                                                                  products concerned have free access to the quota shares
                                                                  allocated to them .
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 December 198 9                            3.      Member States shall charge imports of the products
                                                                  concerned against their quota shares as and when the goods
                                                                  are    entered   with   the   customs    authorities  for   free
                                                                  circulation .
                             Article 5
                                                                  4.      The extent to which a Member State has used up its
By 1 October 1989 at the latest , the Member States must          quota share shall be determined on the basis of imports of the
return to the reserve the unused portion of their initial share   products in question manufactured in the Canary Islands and
which , on 15September1989s in excess of 20 % of the initial      charged in accordance with paragraph 3 .
volume . They may return a greater portion if there is reason
to believe that it might not be used .
                                                                                              Article 8
By 1 October 1989 at the latest , Member States must
notify the Commission of the total quantities of the products     At the request of the Commission , Member States shall
concerned imported on or beforel 5 September 1989 and             inform it of imports of the products actually charged against
charged against the Community quotas and of any portion of        their quota shares .
their initial shares that they are returning to the
corresponding reserves .
                                                                                              Article 9
                                                                  The Member States and the Commission shall cooperate
                             Article 6                            closely to ensure that this Regulation is complied with .
The Commission shall keep account of the shares drawn by
Member States pursuant to Articles 2 and 3 and shall inform                                  Article 10
each Member States of the extent to which the reserves have
been used up as soon as it has been notified .                    This Regulation shall enter into force on 1 January 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels ,
                                                                                          For the Council
                                                                                           The President