CELEX: 31987R1491
Language: en
Date: 1987-05-26 00:00:00
Title: Council Regulation (EEC) No 1491/87 of 26 May 1987 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 140 / 10                               Official Journal of the European Communities                                    30 . 5 . 87
                                            COUNCIL REGULATION ( EEC) No 1491 / 87
                                                            of 26 May 1987
                    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 ,                              territory of the Community , they shall qualify for the
                                                                        progressive reduction of customs duties according to the
                                                                        same timetable and under the same conditions as those
Having regard to the Act of Accession of Spain and                      provided for in Article 75 of the Act of Accession ; whereas ,
 Portugal (*), and in particular Article 4 of Protocol No 2             to qualify for the tariff quota , the products in question
 annexed thereto ,                                                      have to comply with certain marking and labelling
                                                                        conditions designed to prove their origin ;
Having regard to the proposal from the Commission ,
                                                                        Whereas by Regulation ( EEC ) No 4046 / 86 ( 3 ), as
                                                                        amended by Regulation ( EEC ) No 914 / 87 ( 4 ), the Council
 Whereas , according to Article 4 of Protocol No 2 annexed              has opened for the period 1 January to 31 May 1987 the
 to the Act of Accession , beans , onions and sweet peppers             annual tariff quotas as provided for in the abovementioned
 falling within heading No ex 07.01 of the Common                       Protocol No 2 ; whereas the tariff quotas in question should
 Customs Tariff and originating in the Canary Islands                   be opened for the whole of 1987 , while taking into account
 qualify on import into the customs territory of the                    on the one hand the amendment to the quota volumes laid
 Community for reduced duties within the limits of annual               down for beans and onions , and on the other hand the
 Community tariff quota amounting to :                                  necessity to provide for the deduction of quantities
— 1 219 tonnes for beans (of the species Phaseolus) of                  imported during the first five months of 1987 under
                                                                        Regulation ( EEC ) No 4046 / 86 from the quota volumes
      subheading 07.01 F II of the Common Customs
      Tariff,                                                           opened by this Regulation ;
— 5 348 tonnes for onions of subheading ex 07.01 H
      of the Common Customs Tariff,                                    Whereas it is in particular necessary to ensure for all
— 16 605 tonnes for sweet peppers of subheading 07.01 S                 Community importers equal and uninterrupted access to
      of the Common Customs Tariff;                                     the abovementioned quotas and uninterrupted application
                                                                       of the rates laid down for these quotas to all imports of the
                                                                       products concerned into all Member States until the quotas
Whereas under Article 2 of Council Regulation (EEC )                   have been used up ; whereas , having regard to the principles
No 1391 / 87 of 18 May 1987 concerning certain                         mentioned above , the Community nature of the quotas can
adjustments to the arrangements applied to the Canary                  be respected by allocating the Community tariff quotas
Islands ( 2 ), the quota volumes laid down for beans and                among the Member States ; whereas , in order to reflect as
onions have been increased ( respectively ) to 1 300 and                accurately as possible the true trend of the market in the
8 000 tonnes ;                                                         products in question , such allocation should be in
                                                                       proportion to the requirements of the Member States ,
                                                                       calculated by reference to the statistics for imports of the
Whereas where the said products are imported into that                 products concerned originating in the Canary Islands over
part of Spain which is included in the customs territory of            a representative reference period and also to the economic
the Community, they qualify for exemption of customs                   outlook for the quota period in question ;
duties ; whereas , where the said products are imported into
Portugal , the quota duties applicable are to be calculated
on the basis of the provisions belonging to the Act of                 Whereas , during the last three years tor which statistics are
Accession ; whereas , when the said products are released               available , imports into each of the Member States were as
for free circulation in the remainder of the customs                   follows :
(>) OJ No L 302 , 15 . 11 . 1985 , p . 23 .                             ( 3 ) OJ No L 377 , 31 . 12 . 1986 , p. 8 .
( 2 ) OJ No L 133 , 22 . 5 . 1987 , p . 5 .                             ( 4 ) OJ No L 89 , 1 . 4 . 1987 , p. 4 .
 ---pagebreak---   30 . 5 . 87                             Official Journal of the European Communities                                          No L 140 / 11
                                                                                                                                      (in tonnes)
                                                 — 07.01 F II —                        — 07.01 H —                      — 07.01 S
               Member States             beans ( of the species Phaseolus )                onions                       sweet peppers
                                          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
 Spain                                      average of              627           average of       14 026          average of
                                                 723                                 4 488                                                151
                                                                                                                      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                    requires close cooperation between the Member States and
 were only imported regularly by certain Member States and                   the Commission and the latter must be in a position to
 not at all or only occasionally by the other Member States ;                monitor the extent to which the quota amounts have been
 whereas , under these circumstances , in the first phase ,                  used up and to inform Member States thereof;
 initial shares should be allocated to the genuine importing
 Member States and the other Member States should be
 guaranteed access to the benefit of the tariff quotas when
                                                                            Whereas , if, at a given date in the quota period , a
 imports take place in the latter ; whereas these
                                                                            substantial quantity of one of the shares remains unused in
 arrangements for allocation will equally ensure the uniform                one or another Member State , it is essential that that
 application of the Common Customs Tariff;
                                                                            Member State should return a significant proportion to the
                                                                            corresponding reserve to prevent a part of one or another
                                                                            tariff quota from remaining unused in one Member State
Whereas , in order to take into account import trends for                   when it could be used in others ;
the products concerned in the various Member States , each
quotas should be divided into two instalments , the first
being shared among certain Member States and the second
constituting a reserve to cover the subsequent requirements                 Whereas , since the Kingdom of Belgium , the Kingdom of
of these Member States where they have used up their                        the Netherlands and the Grand Duchy of Luxembourg are
initial shares and any additional requirements which might                  united within and jointly represented by the Benelux
arise in the other Member States ; whereas , in order to give               Economic Union , any operation relating to the
importers in each Member State a certain degree of                          administration of the quota shares allocated to that
security , the first instalment of the Community quotas                     economic union may be carried out by any of its
should , under the circumstances , be fixed at 80 %                         members ,
respectively of the quota volumes ;
Whereas the Member States' initial shares may be used up                    HAS ADOPTED THIS REGULATION :
at different times ; whereas, in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota shares
should draw an additional share from the corresponding                                                 Article 1
reserve ; whereas this must be done by each Member State
as and when each of its additional shares is almost used up ,               1 . Until 31 December 1987 , the customs duties applicable
and repeated as many times as the reserve allows ; whereas                  on the import into the Community for the following
the initial and additional shares must be valid until the end               products shall be suspended at the levels and within the
of the quota period ; whereas this method of administration                 limits of tariff quotas as follows :
 ---pagebreak--- No L 140 / 12                                  Official Journal of the European Communities                                            30 . 5 . 87
                                     CCT
             Order                                                                                       Quota volumes
              No
                                   heading                           Description                                                Quota duties
                                      No
                                                                                                             ( tonnes )
           09.0424               07.01 F 11      Beans ( of the species Phaseolus ), originating in                         — From 1 April
                                                 the Canary Islands                                             1 300          to 30 June :
                                                                                                                                10,6 % subject
                                                                                                                               to a minimum
                                                                                                                               of 1,6 ECU
                                                                                                                               per 100 kg net
                                                                                                                            — From 1 July to
                                                                                                                               30 September :
                                                                                                                               13,9 % subject
                                                                                                                               to a minimum of
                                                                                                                               1,6 ECU per
                                                                                                                               100 kg net
                                                                                                                            — From 1 October
                                                                                                                               to 31 December :
                                                                                                                               10,6 % subject
                                                                                                                               to a minimum of
                                                                                                                               1,6 ECU per
                                                                                                                               100 kg net
           09:0426           ex 07.01 H          Onions , originating in the Canary Islands                     8 000               9,8 %
           09.0428               07.01 S         Sweet peppers , originating in the Canary
                                                 Islands                                                     16 605                 5,1 %
2 . ( a ) Where the said products are imported into that part                                              Article 2
            of Spain which is included in the customs territory
            of the Community , they shall qualify for exemption                1 . The tariff quotas laid down in Article 1 shall be divided
            from customs duties .                                              into two instalments .
      ( b ) Within the limits of these quotas the Portuguese                   2 . A first instalment of each tariff quota shall be shared
            Republic shall apply customs duties calculated                     among certain Member States ; the respective shares which ,
            according to the relevant provisions of the Act of                 subject to Article 5 , shall be valid until 31 December 1987 ,
            Accession and the Regulations relating thereto .                   shall amount to the quantities indicated below:
                                                                               ( a ) beans ( of the species Phaseolus ) falling within
                                                                                     subheading 07.01 F II :
3 . ( a ) Without prejudice to the provisions applicable as                          Benelux                                        260  tonnes ,
            regards quality standards , products covered by this                     Germany                                          15 tonnes ,
            Regulation cannot qualify under the tariff quotas                        Spain                                          661  tonnes ,
            unless , when they are presented to the authorities                      United Kingdom                                 120  tonnes ;
            responsible for the import formalities for the
            purposes of release into free circulation in the                   ( b ) onions falling within subheading ex 07.01 H :
            customs territory of the Community , they are
                                                                                     Benelux                                        370  tonnes ,
            presented in packaging which bears the words
            'Canary Islands', or the equivalent thereof in                           Germany                                        200  tonnes ,
            another official Community language , in a clearly                       Spain                                       6 247   tonnes ,
            visible and perfectly legible form .                                     United Kingdom                                 115  tonnes ;
                                                                               ( c ) sweet peppers falling within subheading 07.01 S :
      ( b ) The provisions of the third and fourth                                   Benelux                                     6 920   tonnes ,
            subparagraphs of Article 9 of Council Regulation                         Denmark                                          50 tonnes ,
            ( EEC ) No 1035 / 72 of 18 May 1972 on the                               Germany                                        600  tonnes ,
            common organization of the market in fruit and                           Spain                                          240  tonnes ,
            vegetables ( ! ), as last amended by Regulation ( EEC )                  United Kingdom                              5 470 tonnes .
            No 1351 / 86 ( 2 ), shall not apply to products
            covered by this Regulation .
                                                                               3 . The second instalment of each quota :
(') OJ No L 118 , 20 . 5 . 1972 , p . 1 .                                      — 244 tonnes for beans ( of the species Phaseolus ) falling
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p . 46 .                                          within subheading 07.01 F II ,
 ---pagebreak---  30 . 5 . 87                                Official Journal of the European Communities                                 No L 140 / 13
— 1 068 tonnes for onions falling within subheading                                                Article 4
     ex 07.01 H , and
                                                                        The additional shares drawn pursuant to Article 3 shall be
— 3 325 tonnes for sweet peppers falling within                        valid until 31 March 1987 .
     subheading 07.01 S
shall constitute the corresponding Community reserve .
                                                                                                   Article 5
4 . The quantities charged against the shares allocated to
the Member States in accordance with Article 2 ( 2 )                   The Member States shall return to the reserve , not later
of Regulation ( EEC ) No 4046 / 86 or drawn by those                   than 1 October 1987 , such unused portion of their initial
States from the Community reserves constituted under                   share as on 15 September 1987 is in excess of 20 % of the
Article 2(3 ) of this Regulation shall be deducted from the            initial volume. They may return a larger quantity if there
shares and reserves provided for in this Article .                     are grounds for believing that this quantity may not be
                                                                       used .
5 . If an importer notifies the imminent import of the                 The Member States shall notify the Commission , not later
product in question into the other Member States and                   than 1 October 1987 , of the total quantities of the products
requests the benefit of the quota , the Member State                   in question imported up to 15 September 1987 and charged
concerned shall inform the Commission and draw an                      against the tariff quota and of any quantity of the initial
amount corresponding to these requirements to the extent               shares returned to the reserve .
that the available balance of the reserve so permits .
                                                                                                   Article 6
                             Article 3
                                                                       The Commission shall keep an account of the shares
                                                                       opened by the Member States pursuant to Articles 2 and 3
1.    If 90 % or more of a Member State's initial share as
                                                                       and , as soon as it is notified , shall inform each State of the
specified in Article 2 ( 2 ), or 90 % of that share minus the         extent to which the reserves have been used up .
portion returned to the corresponding reserve where
Article 5 has been applied , has been used up , then , to the
extent permitted by the amount of the reserve , that                  It shall inform the Member States , not later than 5 October
Member State shall forthwith , by notifying the                        1987 , of the amount in each reserve after quantities have
Commission , draw a second share equal to 10 % of its                 been returned there to pursuant to Article 5 .
initial share , rounded up where necessary to the next
unit .
                                                                       It shall ensure that the drawing which exhausts any reserve
                                                                       does not exceed the balance available and , to this end , shall
2 . If, after one of its initial shares has been used up , 90 %        notify the amount of that balance to the Member State
or more of the second share drawn by a Member State has               making the last drawing .
been used up , then that Member State shall , in accordance
with the conditions laid down in paragraph 1 , draw a third
share equal to 5 % of its initial share , rounded up where
necessary to the next unit .
                                                                                                   Article 7
                                                                       1 . The Member States shall take every measure necessary
3 . If, after one of its second shares has been used up ,
                                                                      to ensure that additional shares drawn pursuant to
90 % or more of the third share drawn by a Member State               Article 3 are opened in such a way that imports may be
has been used up , that Member State shall , in accordance            charged without interruption against their accumulated
with the conditions laid down in paragraph 1 , draw a                  shares of the tariff quota .
fourth share equal to the third .
This process shall continue until the reserve is used up .             2 . The Member States shall ensure that importers of the
                                                                      products in question have free access to the shares allocated
                                                                       to them .
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in               3 . The Member States shall charge the imports of the
those paragraphs if there is reason to believe that they              products concerned against their shares as and when the
might not be used up . It shall inform the Commission of its          products are entered with customs authorities for free
reasons for applying this paragraph .                                 circulation .
 ---pagebreak--- No L 140 / 14                          Official Journal of the European Communities                                 30 . 5 . 87
4 . The extent to which a Member State has used up its                                      Article 9
share shall be determined on the basis of the imports
charged against shares under the conditions provided for in       The Member States and the Commission shall cooperate
paragraph 3 .                                                     closely to ensure that this Regulation is complied with .
                         Article 8
                                                                                           Article 10
At the Commission's request , the Member States shall
inform it of imports actually charged against their shares .      This Regulation shall enter into force on 1 June 1987 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 26 May 1987 .
                                                                                   For the Council
                                                                                     The President
                                                                                P. DE KEERSMAEKER