CELEX: 31987R1494
Language: en
Date: 1987-05-26 00:00:00
Title: Council Regulation (EEC) No 1494/87 of 26 May 1987 opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I a) 2 of the Common Customs Tariff and originating in the Canary Islands (1987)

30 . 5 . 87                               Official Journal of the European Communities                                   No L 140 / 23
                                        COUNCIL REGULATION ( EEC ) No 1494 / 87
                                                           of 26 May 1987
                  opening, allocating and providing for the administration of a Community tariff quota for
                  fresh table grapes falling within subheading ex 08.04 A I a) 2 of the Common Customs
                                       Tariff and originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               with certain marking and labelling conditions designed to
                                                                        prove their origin ;
Having regard to the Treaty establishing the European                   Whereas it is necessary , in particular , to ensure to all
Economic Community ,                                                    Community importers equal and uninterrupted access to
                                                                        the abovementioned quota and uninterrupted application
Having regard to Council Regulation ( EEC ) No 1391 / 87                of the rates laid down for that quota to all imports of the
of 18 May 1987 concerning certain adjustments to the                    products concerned into all Member States until the quota
arrangements applied to the Canary Islands ^), and in                   has been used up ; whereas , however , since the quota is to
particular Articles 5 and 10 thereof,                                   cover requirements which cannot be determined with
                                                                        sufficient accuracy , it seems possible to avoid allocating it
Having regard to the proposal from the Commission ,                     among the Member States , without prejudice to the
                                                                        drawing against the quota volume of such quantities as
Whereas under Article 5 of Regulation ( EEC ) No                        they may need , under conditions and according to a
1391 / 87 , fresh table grapes falling within subheading ex             procedure to be specified ; whereas this method of
08.04 A I a ) 2 of the Common Customs tariff and                        management requires close cooperation between the
originating in the Canary Islands shall qualify during the              Member States and the Commission and the latter must in
period 1 January to 31 March of each year on import into                particular be able to monitor the rate at which the quota is
the customs territory of the Community for reduced duties               used up and inform the Member States thereof;
within the limit of a Community tariff quota of 100
tonnes ;                                                                Whereas , since the Kingdom of Belgium , the Kingdom of
                                                                        the Netherlands and the Grand Duchy of Luxembourg are
Whereas , when the said products are imported into that                 united within and jointly represented by the Benelux
part of Spain which is included in the customs territory of             Economic Union , all transactions concerning the
the Community , they qualify for exemption from customs                  administration of shares allocated to that economic union
duties and are not subject to compliance with the reference             may be carried out by any one of its members,
price ; whereas , when the said products are imported into
Portugal , the quota duties applicable are to be calculated
on the basis of the relevant provisions of the Act of                   HAS ADOPTED THIS REGULATION :
Accession of Spain and Portugal ; whereas , when the said
products are released for free circulation in the remainder
of the customs territory of the Community , they qualify for                                         Article 1
the progressive reduction of customs duties according to
the same timetable and under the same conditions as those                1 . ( a ) From 1 January until 31 March 1987 the duty of
provided for in the Act of Accession for the same products                         the Common Customs tariff applicable on the
and imported from the same countries , provided that the                           import into the Community for the following
reference prices are complied with ; whereas , to qualify for                      products shall be suspended at the level and within
the tariff quota , the products in question have to comply                         the limit of a Community tariff quota as follows :
                         CCT                                                                                 Quota
     Order                                                                                                  volume
                        heading                                  Description                                             Quota duty
       No
                          No                                                                               ( tonnes )
    09.0435            ex 08.04         Grapes , fresh or dried:
                                        A. Fresh
                                              I. Table grapes :
                                                 a ) from 1 November to 14 July :
                                                     2 . Other                                                 100         7,2 %
H OJ No L 133 , 22 . 5 . 1987 , p. 5 .
 ---pagebreak---  No L 140 / 24                                Official Journal of the European Communities                                  30 . 5 . 87
      ( b ) 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 . Member States shall take all appropriate measures to
            from customs duties and are not subject to                   ensure that their drawings pursuant to Article 1 (4 ) are
            compliance with the reference price .                        carried out in such a way that imports may be charged
                                                                         without interruption against their accumulated shares of
      ( c ) Within the limit of this tariff quota , the Portuguese       the Community quota .
            Republic shall apply customs duties calculated
            according to the relevant provisions of the Act of
            Accession and the Regulations relating thereto .             2 . Each Member State shall ensure that importers of the
                                                                         said goods have access to the quota so long as the residual
2 . On import, the said products shall , in the event of any             balance of the quota volume so permits .
countervailing duty being applied under Regulation ( EEC )
No 1035 / 72 of 18 May 1972 on the common organization                   3 . Member States shall charge imports of the said goods
of the market in fruit and vegetables { l ), as last amended by          against their drawings as and when the goods are entered
Regulation ( EEC ) No 1351 / 86 ( 2 ), benefit from a                    for free circulation .
reduction of 4 % of that duty .
3 . ( a ) Without prejudice to the other provisions applicable          4 . The extent to which the quota has been used up shall
            as regards quality standards , products covered by           be determined on the basis of the imports charged in
            this Regulation cannot qualify under the tariff              accordance with paragraph 3 .
            quota unless , when they are presented to the
            authorities responsible for the import formalities for
            the purposes of release into free circulation in the                                   Article 3
            customs territory of the Community , they are
            presented in packaging which bears the words                At the request of the Commission , Member States shall
            'Canary Islands', or the equivalent thereof in              inform it of imports actually charged against the quota .
            another official Community language , in a clearly
            visible and perfectly legible form .
      ( b ) The third and fourth subparagraphs of Article 9 of                                     Article 4
            Council Regulation ( EEC ) No 1035 / 72 shall not
            apply to products covered by this Regulation .              The Member States and the Commission shall collaborate
4 . If an importer notifies an imminent importation of the              closely in order to ensure that this Regulation is complied
                                                                        with .
product in question in a Member State and requests the
benefit of the quota , the Member State concerned shall
inform         the   Commission         and draw      an   amount
corresponding to these requirements to the extent that the                                         Article 5
available balance of the reserve permits this .
                                                                         This Regulation shall enter into force on the day following
5 . The shares drawn pursuant to paragraph 4 shall be                    its publication in the Official Journal of the European
valid until the end of the quota period .                                Communities,
                      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
(>) OJ No L 118 , 20 . 5 . 1972 , p . 1 .
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p . 46 .