CELEX: 51987PC0072
Language: en
Date: 1987-03-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CONCERNING CERTAIN ADJUSTMENTS TO THE ARRANGEMENTS APPLIED TO THE CANARY ISLANDS

24.4. 87                                 Official Journal of the European Communities                             N o C 110/5
        4.    The approved listing particulars must be              2. The following paragraph 3 is added to Article 25:
        recognized in the other Member States in which                 '3.     Without prejudice to cases covered by criminal
       application for admission to official listing is made           law, the competent authority receiving such infor-
       even if they benefit from a partial exemption                   mation may use it only for the performance of its
       provided that:                                                  duties or in the context of administrative appeals or
        (a) the exemption in question is of a type that is             legal proceedings relating to such performance.'
            recognized in the legislation of the other
            Member State or States concerned, and                   3. The following Article 25a is inserted:
       (b) the same conditions that justify the exemption               'Article 25a
            or their equivalent exist as well in the other             The Community may, by means of agreements
            Member State or States concerned.                          concluded pursuant to the Treaty with one or more
       5.    The approved listing particulars, the certi-              third countries, agree to the application of provisions
       ficate mentioned in paragraph 3 and the version                 different from those provided for in this Directive, for
       of the listing particulars for use in the other                 the purpose of ensuring, under conditions of
       Member State concerned shall be communicated                    reciprocity, adequate protection for investors in
       for information by the issuer to the competent                  Member States.'
       authorities of each of the other Member States
       where admission to official listing has also been                                     Article 2
       applied for. The version referred to above shall be
                                                                    1.     Member States shall take the measures necessary
       the same as the approved listing particulars
                                                                    for them to comply with this Directive by 1 January 1989
       subject to any need for translation and changes of
       a minor, administrative nature.'                             at the latest. They shall forthwith inform the Commis-
                                                                    sion thereof.
  (b) Paragraph 2 becomes paragraph 6.                              2.    The Member States shall communicate to the
                                                                    Commission the texts of the main laws, regulations and
  (c) The following is added as paragraph 7:                        administrative provisions which they adopt in the field
                                                                    covered by this Directive.
       '7.    The competent authorities shall cooperate
       wherever necessary for the purpose of carrying                                        Article 3
       out their duties and shall exchange any infor-
       mation required for that purpose.'                           This Directive is addressed to the Member States.
              Proposal for a Council Regulation concerning certain adjustments to the arrangements applied
                                                     to the Canary Islands
                                                       COM(87) 72 final
                               (Submitted by the Commission to the Council on 31 March 1987)
                                                         (87/C 110/05)
              THE COUNCIL OF THE EUROPEAN COMMUNITIES;
              Having regard to the Treaty establishing the European Economic Community,
              Having regard to the Act of Accession of Spain and Portugal, and in particular the last para-
              graph of Article 25 (4) thereof and Protocol 2 thereto,
              Having regard to the proposal from the Commission,
              Having regard to the opinion of the European Parliament,
              Whereas it is necessary to ensure that the treatment accorded to certain agricultural products
              imported into the Community and originating in the Canary Islands is similar to that accorded
              for the same products to certain Mediterranean third countries; whereas the arrangements ap-
              plied to the Canary Islands under Protocol 2 to the Act of Accession should be adapted accor-
              dingly;
 ---pagebreak--- No C 110/6                             Official Journal of the European Communities                             24. 4. 87
           Whereas, from 1990, the entry price of certain products originating in the Canary Islands and
           imported into the Community in accordance with the quota arrangements should be adjusted
           as in the case of certain Mediterranean countries;
           "Whereas provision should be made for waiving, from 1990, the quantitative restrictions or
           measures having equivalent effect in the case of tomatoes originating in the Canary Islands and
           imported into the Community from 15 to 31 May,
           HAS ADOPTED THIS REGULATION:
                                                             Article 1
           1.    From 1 January 1987 the provisions of Article 4 of Protocol 2 to the Act of Accession
           shall apply to the following products listed in Annex A to the abovementioned Protocol, ori-
           ginating in the Canary Islands, within the limit of the annual Community tariff quotas
           indicated for each of them:
                CCT
               heading                                   Description                           Volume of quotas
                 No
                06.01      Bulbs, tubers, tuberous roots, corms, crowns and rhizomes,
                           dormant, in growth or in flower:
                           ex A. dormant:
                                  — other than hyacinths, narcissi, tulips and gladioli
                06.02      Other live plants, including trees, shrubs, bushes, roots, cuttings
                           and slips:
                              A. unrooted cuttings and slips:
                                  II. Other
                           ex D. Other:
                                  — roses (all the species 'Rosa'), neither budded         nor
                                      grafted:
                                                                                                     4 700
                                      — with stock of a diameter of 10 mm or less                   tonnes
                                      — other
                                  — other than mycelia (spawn of mushrooms and other
                                      edible fungi), rhododendrons (azaleas), vegetable and
                                      strawberry plants:
                                      — trees, shrubs, and bushes, other than fruit trees and
                                          bushes and forest trees:
                                          — rooted cuttings and young plants
                                             — other
                                          — other:
                                             — perennial plants
                                             — other
                                          — indoor plants:
                                             — rooted cuttings and young plants, excluding
                                                 cacti
                                             — other than flowering plants with buds or
                                                 flowers, excluding cacti
 ---pagebreak--- 24. 4. 87                              Official Journal of the European Communities                               N o C 110/7
                CCT
              heading                                    Description                          Volume of quotas
                 No
               06.03       Cut flowers and flower buds of a kind suitable for bouquets or for
                           ornamental purposes, fresh, dried, dyed, bleached, impregnated or
                           otherwise prepared:
                           ex A. Fresh:
                                  — roses, carnations, orchids, gladioli and chrysanthemums   87 500 000 items
               07.01       Vegetables, fresh or chilled:
                              F. Leguminous vegetables, shelled or unshelled:
                                  II. Beans (of the species 'Phaseolus')                         1 300 tonnes
                           ex H. Onions, shallots and garlic:
                                  — onions                                                       8 000 tonnes
                              M. Tomatoes                                                      173 000 tonnes
          2.     The provisions for the application of the quotas shall be adopted by the Council, acting
          by a qualified majority on a proposal from the Commission.
                                                             Article 2
          1.     In the event of an overrun of the quotas laid down in Article 4 of Protocol 2 to the Act of
          Accession for the products listed below, the customs duties laid down in the Common Customs
          Tariff shall be progressively reduced over the same periods and in accordance with the same
          timetable as those laid down in the Act of Accession for the same products imported from
          Spain and Portugal into the Community as constituted on 31 December 1985, up to the levels
          and for the periods indicated below:
                  CCT
                heading                                     Description                         Tariff reductions
                   No
                 07.01        Vegetables, fresh or chilled:
                                 A. potatoes
                                      II. New potatoes:
                                          ex a) from 1 January to 15 May:
                                                — from 1 January to 31 March                          60%
                        •
                                  F. Leguminous vegetables, shelled or unshelled:
                                      II. Beans (of the species 'Phaseolus'):
                                          ex a) from 1 October to 30 June:
                                                — from 1 November to 30 April                         40%
 ---pagebreak--- No C 110/8                            Official Journal of the European Communities                            24. 4. 87
                   CCT
                 heading                                    Description                     Tariff reductions
                    No
                  07.01       ex H. onions, shallots and garlic:
               (Continued)
                                      — Onions, from 1 February to 15 May                           40%
                                  M tomatoes:
                                      ex I. from 1 November to 14 May:
                                              — from 15 November to end February                    40%
                              ex S. sweet peppers:
                                      — Sweet peppers                                               60%
                                  T. other
                                      ex II. Aubergines
                                              — from 1 December to 30 April                         40%
           For the tomatoes and sweet peppers referred to above, the tariff dismantling shall apply after
           an immediate reduction of 50 % and 30 % respectively in the customs duties laid down in the
           Common Customs Tariff.
           2.     During the period of progressive reduction, and where the customs duties applied to
           import of products from Spain and Portugal into the Community as constituted on 31
           December 1985, differ for the two countries concerned, the higher customs duty of the two
           shall be applied to products originating in the Canary Islands.
                                                            Article 3
           1.    With effect from 1 January 1987, for avocados falling within subheading 08.01 D of the
           Common Customs Tariff, by way of derogation from Article 4 (1) of Protocol 2 to the Act of
           Accession, an annual reference quantity of 2 100 tonnes is hereby established.
           2.    If annual imports of the product exceed the reference quantity, the Commission, in
           accordance with the procedure laid down in Article 33 of Council Regulation (EEC) No 1035/
           72 (x) and taking into account an annual statement of trade, may make the product subject to a
           Community tariff quota for a volume equal to that reference quantity.
                                                            Article 4
           1.    For the following products originating in the Canary Islands, the customs duties
           applicable to imports into the Community shall be abolished progressively over the same period
           and in accordance with the same timetable as those laid down for Spain in the Act of Accession
           for the same products imported from Spain and Portugal into the Community as constituted on
           31 December 1985.
                  CCT
                 heading                                              Description
                   No
                  07.01       Vegetables, fresh or chilled:
                              T. other:
                                  ex III. other:
                                          — parsley
           0) O J N o L 118,20. 5. 1972, p. 1.
 ---pagebreak--- 24. 4. 87                             Official Journal of the European Communities                                  N o C 110/9
                 CCT
                heading                                             Description
                  No
                  07.05      Dried leguminous vegetables, shelled, whether or not skinned or split:
                             B. other:
                                   I. peas, including dried peas, and beans
                                  II. lentils
                                III. other
                  08.01      Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, mangoes,
                             guavas and mangosteens, fresh or dried, shelled or not:
                             A. Dates
                                 ex H. other:
                                         — mangoes
                  08.04      Grapes, fresh or dried:
                             A. Fresh:
                                 I. table grapes:
                                    ex a) from 1 November to 14 July:
                                            — from 1 January to 31 March
               ex 08.09      Other fruit, fresh
                             — pomegranates
                  08.12      Fruit, dried, other than that falling within heading N o 08.01, 08.02, 08.03, 08.04 or
                             08.05:
                             A. apricots
                             F. fruit salads
                                I. not containing prunes
                             G. other
                  20.01      Vegetables and fruit, prepared or preserved by vinegar or acetic acid, with or without
                             sugar, whether or not containing salt, spices or mustard:
                             ex B. cucumbers and gherkins
                                     — cucumbers
                                C. other
                  20.02      Vegetables prepared or preserved otherwise than by vinegar or acetic acid:
                             A. mushrooms
                                ex I. cultivated
                                         — other than of the (Psalliota and Agaricus) species; hortensis, alba or
                                              dispora and subedulis
                                     II. other
                             F. capers and olives
          For fresh table grapes falling under heading No 08.04 of the Common Customs Tariff, and
          mentioned in this Article, this progressive abolition of customs duties shall apply within the
          limits of a quota of 100 tonnes.
 ---pagebreak--- N o C 110/10                                 Official Journal of the European Communities                                           2 ^ ^ ^
           I^or products for which the Canary Islands quahfy,in the case of imports into the part of Spain
           which i s m c l u d e d i n t h e c u s t o m s t e r n t o r y o f the Commumty,for lower customs duties than
           thosefortheother^lemberStates, theprogressi^eabohtionmthecaseof importsmtothat
           part of Spain shall begin as soon as the duties applicable to the same products from other
           member States are lower than those applied in the Canary Islands
           2       I^or the products listed in paragraphs,other than fresh table grapes, the Commission may
           establish, according to the procedure laid down in Article ^3 of R.egulation^EEC^otO^^B^2
           or in Article 22 of Council R e g u l a t i o n ^ E E C ^ l ^ o ^ D B ^ D ^ , a r e f e r e n c e quantity within the
           meaning and under the terms of A r t i c l e ^ ^ i f , on the basis of an annual statement of trade, it
           ascertains that the quantities imported are likely to create difficulties on the Community
           market
            t      I^or the following products originating in the Canary Islands, the customs duties
           applicable to imports into the Community shall be abolished progressively o^er the same
           periods and in accordance with the same timetable as those laid down in the Act of Accession
           for the same products imported from Spain and Rortugal into the Community as constituted on
           oUfoecemberr^
                    CCT
                  heading                                                          Description
                     No
                     06 04         Foliage, branches and other parts (other than flowers or buds) of trees, shrubs, bushes
                                   and other plants, and mosses, lichens and grasses, being goods of a kind suitable for
                                   bouquets or ornamental purposes, fresh, dried, dyed, bleached, impregnated or
                                   otherwise prepared
                                   B other
                                       ex I fresh
                                               — foliage
                     07 01         Vegetables, fresh or chilled
                                   B Cabbages, cauliflowers and Brussels sprouts
                                       ex III other
                                                  — Chinese cabbages, from 1 November to 31 December
                     07 06         Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes, and other similar
                                   roots and tubers with high starch or inulin content, fresh or dried, whole or sliced,
                                   sago pith
                                   ex B other
                                            — sweet potatoes intended for human consumption (a)
                     08 08         Berries, fresh
                                   E papaws
                                   F other
                                       ex II Other
                                                — Passion fruit
                 ex 08 09          Other fruit, fresh
                                   — small melons, from 1 January to 31 March (b)
                                   — kiwis, from 1 January to 30 April
            (a) Entry under this subheading is subject to conditions to be determined by the competent authorities
            (b) 'Small melons means melons of a weight not exceeding 600 grams For chinese cabbages falling within heading No
                07 01 of the Common Customs Tariff, this progressive abolition of customs duties shall apply within the limits of a
                quota of 100 tonnes
            C) OJ No L 49, 27 2 1986, p 1
 ---pagebreak--- 24.4. 87                                 Official Journal of the European Communities                           No C 110/11
          For Chinese cabbages falling within heading No 07.01 of the Common Customs Tariff, this
          progressive abolition of customs duties shall apply within the limits of a quota of 100 tonnes.
          During this period of progressive abolition and where the customs duties applied to imports of
          products from Spain and Portugal into the Community as constituted on 31 December 1985
          differ for the two countries concerned, the higher customs duty of the two shall be applied to
          products originating in the Canary Islands.
          For products for which the Canary Islands qualify, in the case of imports into the part of Spain
         which is included in the customs territory of the Community, for lower customs duties than
         those for the other Member States, the progressive abolition in the case of imports into that
         part of Spain shall begin as soon as the duties applicable to the same products from other
          Member States are lower than those applied in the Canary Islands.
         2.      For the purposes of abolishing customs duties as indicated in paragraph 1, an annual
         reference quantity shall be established for the following products and quantities:
                 CCT                                                                           Volume of the
                heading                                        Description                   reference quantity
                number
               ex 08.09          Other fruit, fresh:
                                 — small melons, from 1 January to 31 March (a)                 100 tonnes
                                 — kiwis, from 1 January to 30 April                            100 tonnes
         (a) 'Small melons' means melons of a weight not exceeding 600 grams.
         If annual imports of one of these products exceed the reference quantity, the Commission, in
         accordance with the procedure laid down in Article 33 of Regulation (EEC) N o 1035/72, and
         taking into account an annual statement of trade, may make the product in question subject to
         a Community tariff quota for a volume equal to that reference quantity.
         3.     For the products listed in paragraph 1, other than chinese cabbages, small melons and
         kiwis, the Commission may establish, according to the procedure laid down in Article 33 of
         Regulation (EEC) No 1035/72, in Article 14 of Council Regulation (EEC) No 234/68 (') or in
         Article 26 of Council Regulation (EEC) No 2727/75 (2), a reference quantity within the
         meaning and under the terms of paragraph 2 if, on the basis of annual statement of trade, it
         ascertains that the quantities imported are likely to create difficulties on the Community
         market.
                                                               Article 6
         Pineapples falling within tariff subheading 08.01 C of the Common Customs Tariff originating
         in the Canary Islands shall, when put into free circulation in that part of Spain which is
         included in the customs territory of the Community qualify for exemption from customs duties.
         Pineapples imported under these arrangements may not be considered to be in free circulation
         in that part of Spain within the meaning of Article 10 of the EEC Treaty where they are
         reconsigned to another Member State.
         This Article shall apply until 31 December 1995.
         (') O J N o L 5 5 , 1. 3. 1968, p. 1.
         O O J N o L 2 8 1 , 1. 11. 1975, p. 1.
 ---pagebreak--- l^oCM0Bt2                                          Cofficial]ournalofthe European Communities                                   24.4.^^
                                                                      A^c^B
          1.      Rrom 1 ^ 0 , for the purposes of calculating the entry p^ice referred to in regulation
          t^EEC^ ^lo ^0^^BB2 in the case of products originating in the Canary Islands to ^vhich a
          reference price is applicable as referred to in the said Regulation, the customs duty to be
          d e d u c t e d f r o m t h e p r i c e s o f theproducts inquestion shall,subject to thequotas specified in
          Article^^t^ of R r o t o c o l 2 t o the Act of Accession, be the Common CustomsTariff duty after
          applying an annual reductionof one si^that the beginningofeach marketing year^ however,
          for i ^ O , the reduction shall be applied o n t j a n u a r y .
          2.      By ^vay of derogation from paragraphl and for P^^O only the Commission shall, on the
          basis of the report and analysis referred to in paragraph ^, decide, in accordance^vith the
          procedure provided for in A r t i c l e ^ o f regulation ^ E E C ^ l ^ o t O ^ B ^ and in the light of the
          relevant factorsregardingtheobiectiveof maintaining traditionalpatterns of export t r a d e i n
          the content of enlargement, whether the arrangements referred to in paragraph 1 should,
          ^vithinthe quota applicable, be applied to tomatoes falling within subheading OB^.Ot ^ i o f t h e
          Common CustomsTariffand originating in the Canary Islands.
          ^.      Rrom t^B^and, at the end of each marketing y e a r , u n t i l t ^ ^ , t h e Community shall, on
          the basis ofastatistical balance, produce an analysis of the situation as regards e^ports,to the
          Community,of tomatoes originating in the Canary Islands
                                                                      A^cA^^
          R r o m t ^ O , by ^ a y of derogation from Article 22 of Regulation ^ E E C ^ o t O ^ ^ B ^ 2 , member
          States shall abolish quantitative restrictions or measures having equivalent effect in the case of
          tomatoes falling within subheading O^.O^lvi of the Common C u s t o m s r ^ l f f ^ ^ d originating in
          the Canary Islands v^hich are imported from t ^ t o ^ t ^ i a y .
          The Council,actingbyaqualified majority o n a p r o p o s a l f r o m t h e C o m m i s s i o n , s h a l l a d o p t
          the necessary provisions for implementing the measures provided for in this Regulation.
          This Regulation shall enter into force o n . . .
          This Regulation shall be binding in its entirety and directly applicable in all Iviember States.