CELEX: 51987PC0631
Language: en
Date: 1987-12-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for tomatoes, cucumbers and aubergines, falling within No 0702 00 10, 0702 00 90, 0707 00 11, 0707 00 19 or 0709 30 00 of the Combined Nomenclature and originating in the Canary Islands (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 631
Vol. 1987/0299
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(87 ) 631 final
                                                  Brussels , 8 December 1987
                                      Proposal for a
                               COUNCIL REGULATION ( EEC )
           opening , allocating and providing for the administration of
         Community tariff quotas for tomatoes , cucumbers and aubergines ,
     falling within No 0702 00 10 , 0702 00 90, 0707 00 11 , 0707 00 19 or
          0709 30 00 of the Combined Nomenclature and originating in the
                                 Canary Islands ( 1988 )
                           ( submitted by the Commission )
                                \\ UiiLu ,
 C0M(87 ) 631 final
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 ---pagebreak---                                                                       o w -7 - é S 1
                                7-X P I Av IW ^ RY AY'P PANT* J'-4.
1 . By virtue of :uxi:!e 4 of Pr it.icoi 2 to toe 1935 .Bet of Accession ,
     tT'.it>os , cucuf'ers a: i aubergines falling within No 0702 00 10 ,
     TV7 o Oil 90 , 0707 00 11 , 0707 00 19 or 0709 30 00 of the Combine!
    \hx.ienclacure and ori ginati.nq in the Canary Islands qualify on inport
     into the cjsta.s territory of the Coununity for reluct ions in custa -\s
    duties within the lints of annual Community tariff quotas . Calculted
    ■on the basis of the said Article 4 , with the adjustments provide! for
     in Article 2 of Council Regulation ( F1EC ) bo 1391 /37 of 18 ‘-lay 1987
    taken into account , the quota volumes are as follows :
    - 173 000 tonnes of tomatoes falling within bo 0702 00 10 or
        0702 00 90 of the Combine! bonenclature ;
    - 28 663 tonnes of cucumbers falling WLthin bo 0707 00 11 or
        0707 00 10 of the Coniine ! bonenclature ;
    - 3 819 tonnes of aubergines falling within bo 0709 30 00 of the
        Gxioined f fcnenclature .
    inhere these products are imported into that part of Spain which is
    included in the custans territory of the Community , they qualify for
    exemption from customs duties and are not subject to observance of the
    reference prices .
    '.here these products are imported into Fbrtugal the duties applicable
    are to be calculated in accordance with the relevant provisions of the
    .Act of Accession .
    Where these products are released for free circulation in the
    remainder of the customs territory of the Community , they qualify for
    a progressive reduction of custans duties according to the same
    timetable and under the sa;ne conditions as provided for in Article 75
    of tne Act of Accession , provided the reference prices are observed .
    These tariff quotas should therefore be opene! for 1988 .
 ---pagebreak---                                        3
2 . From the date on which the quotas are opened the nomenclature used in
    the Common Customs Tariff will be replaced by the Combined
    Nomenclature based on the International Convention on the Harmonised
    Commodity Description and Coiling System This proposal must therefore
    take account of that fact by indicating the Gombined Nomenclature
    codes of the products concerned .
3 . The Comnission is aware that the transposition of certain tariff
    concessions from the Common Custans Tariff to the Canbined
    Nomenclature might raise problens which would need to be settled
    between the parties concern©!. It may therefore amend its proposal in
    the course of the procedure in order to adapt it , where necessary , to
    requirements .
4 . The proposal for a regulation opening these tariff quotas provides -
    as is custanary in such cases - for each quota volume to be divided
    into two parts , the first being allocated among the Meanber 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 inports or only occasional inports
    into certain Member States in recent years . Initial shares have
    therefore been allocated only to inporting Member States , while other
    Member States are guaranteed access to the tariff quotas as and when
    imports are announced .
5 . As regards the method of administration to be applied by all Member
    States , the Commission proposed the " as and when" system.
6 . This is the purpose of the attached proposal .
 ---pagebreak---                                                               ч
                                                  Proposai for a
                                              COUNCIL REGULATION ( EEC )
                         opening, allocating and providing for the administration of Community tariff quotas for
                         tomatoes , cucumbers and aubergines, falling within         No 0702 00 10 - 0702 00 90.
                      0707 ou 11 . u 707 GO 19 or 0709 30 00 of the Cc„ioinea Nomenclature
                      and originating in the Canary Islands ( 1988 )
       THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
       Having regard to the Act of Accession of Spain and
       Portugal ( ' ), and in particular Article 4 of Protocol 2
       annexed thereto ,
       Having regard to the proposal from the Commission ,
     Whereas by virtue of Article 4 of Protocol 2 t Q the Act of Accession
    and Article 2 of Council Regulation ( EEC ) No 1391 / 87 of 18 May 1987
    concerning certain adjustments to the arrangements applied to the
     Canary Islands ( 2 ), tomatoes , cucumbers and aubergines falling within
    No 0702 00 10, 0702 00 90 , 0707 00 11 , 0707 00 19 or 0709 30 00 of the
    Combined Nomenclature and originating in the Canary Islands qualify
    on import into the customs territory of the Community for reduced duties
    within      the limits of annual Community tariff quotas ; whereas the quota
    volumes are as follows :
    - 173 000 tonnes of tomatoes falling within No 0702 00 10 or 0702 00 90
       of the Combined Nomenclature ;
    - 28 663 tonnes of cucumbers falling within No 0707 00 11 or 0707 00 19
       of the Combined Nomenclature ;
           3 819 tonnes of aubergines falling within No 0709 30 00 of the
        Combined Nomenclature ;
     Whereas, where the said products are imported into that
     part of Spain which is included in the customs territory of
     the Community , they qualify for exemption from customs
     duties and are not subject to ODServance of the reference
     price; whereas, where the said products are imported into
     Portugal , the quota duties applicable are to be calculated in
accordance with the relevant provisions of the Act of
   Accession ; whereas,uherp the said products are released
   for free circulation in the remainder of the customs
   territory of the Community , they qualify for the
   progressive reduction of customs duties according to the
   same timetable and under the same conditions as those
   provided for in Article 75 of the Act of Accession , provided
   that the reference prices are Observed;          whereas, to
   qualify for the tariff quota , the products in question have
   to comply with certain marking and labelling conditions
   designed to prove their origin ; whereas the tariff quotas in
   question should therefore be opened for 1988;
( 1 ) 0J No L 302 , 15.11.1985 , p. 23 .
( 2 ) 0J No L 133 , 22.5.1987 , p. 5 .
 ---pagebreak---         Whereas, from the date on which the quotas are to be opened, the nomenclature
        used in the Common Customs Tariff will be replaced by the Combined Nomenclature
        based on the International Convention on the Harmonized Commodity Description
        and Coding System; whereas this Regulation must take account of that fact by
        indicating the Combined Nomenclature codes of the products concerned;
        Whereas equal and continuous access to the quotas should be ensured for all
        Community importers and the rates laid down for the quotas should be applied
        consistently to all inports of the products in question into all Member States
        until the quotas are exhausted; whereas, in the light of these principles,
        allocation of the tariff quotas among the Member States would seem to
        preserve the Community nature of the quotas; whereas in order to correspond
        as closely as possible to the real trend of the market for the products concerned
        the 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
        reference period and on the economic outlook for the quota period in question;
                                                                                                         ( tonnes )
                            1        Tomatoes                   I   ~ Cucumbers              I      Aubergines
                            1 0702 00 10                        I    0707 00 11              I   0709 30 00
                            i 0702 00 90                        ■    0707 00 19
                                                                                             I
                            I                                   I                            I
    Member State            I   1984 I 1985 | 1986 I 1984 | 1985 I 1986 | 1984 I 19851 1986
                             I           I           I           I         I         I       I                  1
    Benelux                  I 56 131 I 75 188|57 041 1 13 515 | 6 000|11 566 1 2 702 I 2 352 1 2 091
    Denmark                  I       35 1 3 605 |           59 1       86 1 1 987 1       45 I       -I      57 1    2
    Germany                  I 2 449137 302 | 2 826 |                 313 | 2 492 I     179 |     1 04 1 1 295 | 110
    Greece                   I        -1          -1          -1         -1        -I                -I       -1     -
    Spain                    I 16 858 1 1 5 430 |             -1      217 |        5I      -1     445 I 1 74 I       -
    France                   I     582 | 7 770 | 1 944 1                 81     345 I   211 1       37 1 454 I      40
    Ireland                  I       39 1        21 1       62 1         61        2|      51        -I       -I     -
    Italy                    I        -1          -1          3|         -1        -I      -1        -I       -I     -
    Portuga l                I        -1          -1          -1         -1        -I      -|        -I       -I     -
    United Kingdom Moo 701190 063|95 220118 930|11 255115 485 | 1 501 1 1 425 1 1 747
           Whereas in the last three years the products in question
           were imported regularly only by certain Member States and
           not at all or only occasionally by the other Member States;
           whereas , under these circumstances , in the first phase ,
           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
           imports actually take place in vx              whereas these      **those Member States
allocation arrangements                  will equally ensure the uniform
           application of the Common Customs tariff;
 ---pagebreak---                                                               6
      Whereas , in order to take into account import trends for
      the products concerned in the various Member States , each          __
      quota/should be divided into two |.>arts,-           the first   ^/volume
                                                                       _/volune
      being     ** among certain Member States and the second              **all located
                                                                           **a   located
      constituting a reserve to cover the subsequent requirements
      of those Member States which             have used up their      _
      initial share and/iny additional requirements which might      // also
                                                                        also
      arise in the other Member States ;
      Whereas , in order to give importers in each Member State a
      certain degree of security , the first part            of the
      Community quotas should , under the circumstances , be
      fixed at 75 % respectively of ** quota volume;                     **each
      Whereas , the Member States initial shares may be used up
      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
       reserve ; whereas this must be done by each member State
       as and when each of its additional shares is almost used up ,
       and repeated as many times as the reserve allows ; whereas
       the initial and additional shares must be valid until the end
       of the quota period ; whereas this method of administration
       requires close cooperation between the Member States and
       the Commission and the latter must be in a position to
       monitor the extent to which the quota amounts have been
       used up and to inform Member States thereof;
Whereas, if at a given date in the quota period a considerable quantity of one
of a Member State 's initial share remains unused, it is essential that the
Member State concerned should return a significant proportion thereof to
the corresponding reserve in order to prevent part of a Community cpota from
remaining unused in one Member State when it could be used in others;
  Whereas, since the Kingdom of Belgium , the Kingdom of
  the Netherlands and the Grand Duchy of Luxembourg are
  united within and jointly represented by the Benelux
  Economic Union , any operation relating to the
  administration of the quota shares allocated to that
  economic union may be carried out by any of its
  members ,
  HAS ADOPTED THIS REGULATION :
                               Article 1
   1 . ( a ) From 1 January to 31 December 1%6 the customs duties applicable
             to imports into the Commrrity of
                                   the following products shall be   _
             suspended at the leveh/and within the limits of _/ incilCStaJ
             Community tariff quotas as shown below :
 ---pagebreak---   Serial I       Combined       |           Description            I Amount of | Rate of duty
     No    I  Nomenc lature |                                      I tariff I               (% )
           I        code        I                                  I quota I
           I                    I                                  I ( tonnes ) | |
           I                    I                                   I           I
 09.0417       0702 OO 1C          Tomatoes , fresh or chi l led ,    173 000     - From 1 January
               0702 00 90          originating in the Canary                        to 29 February :
                                   Islands                                          3,8% subject to
                                                                                    a minimum of
                                                                                    0,7 ECU per
                                                                                    100 kg net
                                                                                  - From 1 March to
                                                                                    14 May : 7,7%
                                                                                    subject to a
                                                                                    minimum of 1,4
                                                                                    ECU per 100 kg
                                                                                    net
                                                                                  - From 15 May to
                                                                                    31 October :
                                                                                    12,6% subject
                                                                                    to a minimum of
                                                                                    24 ECU per
                                                                                    100 kg net
                                                                                  - From 1 November
                                                                                    to 31 December :
                                                                                    7,7% subject to
                                                                                    a minimum of
                                                                                    1,4 ECU per
                                                                                    100 kg net
 09.0419        0707 00 11         Cucumbers , originating in          28 663     - From 1 January
                0707 00 19         the Canary Islands                               to 15 May :
                                                                                    11 P 2%
                                                                                  - From 16 May to
                                                                                    31 October : 14%
                                                                                  - From 1 November
                                                                                    to 31 December :
                                                                                    11,2%
09 . 0421 1 0709 30 00             Aubergines , originating in         3 819         11,2 %
                                   the Canary Islands
          (b) Where the said products are imported into that part
              of Spain which is included in the customs territory
              of the Community, they shall qualify for exemption
              from customs duties and are not subject to
              compliance with the reference price.
          (c) Within the limits of these tariff quotas , the
              Portuguese Republic shall apply customs duties
              calculated according to the relevant provisions of
              the Act of Accession and the Regulations relating
              thereto .
 ---pagebreak---     2 . ( a ) Without prejudice to the other provisions applicable
              as regards quality standards, products covered by
              this Regulation cannot qualify under the tariff
              quotas unless, when they are presented to the
              authorities responsible for the import formalities for
              the purposes of release into free circulation in the
              customs territory of the Community, they are
              presented in packaging which bears the words
              ‘Canary Islands’, or the equivalent thereof in
              another official Community language, in a clearly
              visible and perfectly legible form.
        (b) The third and fourth subparagraphs of Article 9 of
             Council Regulation (EEC) No 1035 / 72 of 18 May
             1972 on the common organization of the market in
             fruit and vegetables ( ' ), as last amended by
             Regulation (EEC) No 1351 / 86 (2), shall not apply
             to products covered by this Regulation.
                                 Article 2
     1 . The tariff quotas laid down in Article 1 shall be divided
     into two      parts .
      2. A first oart         of each        quota shall be allocated
      among certain Member States; the punta            shares , valid
     inti l 31 Decanber 1988,                  shall be as follows :
     (a) tomatoes falling within to 0702 00 10 or 0702 00 90 of the Combined Nomenclature :
          Benelux                                   39 510 tonnes,
          Germany                                    1 910 tonnes ,
          Spain                                     16 400 tonnes ,
          France                                        690 tonnes,
          United Kingdom                            71 240 tonnes;
      (b) cucumbers falling within to 0707 00 11 or 0707 00 19 of the Combined Nomenclature :
          Benelux                                    8 080 tonnes ,
          Denmark                                        550 tonnes,
          Germany                                        7S0 tonnes,
          Spain                                           60 tonnes ,
          France                                         150 tonnes ;
            Uhited Kingdora                         11 800 torsies;
      (c) Aubergines falling within to 0709 30 00 of tiie Combined Nomenclature :
           Benelux                                   1 405 tonnes,
           Germany                                       310 tonnes,
           Spain                                         120 tonnes ,
           France                                        105 tonnes ,
           United Kingdom                                920 tonnes .
(1 ) 0J No L 118, 20.5.1972, p. 1 .
(2) Od to L 119, 8.5.1986, p. 46.
 ---pagebreak---      3 . The second part of each quota shall be as follows and shall constitute the
            corresponding Community reserve :
            - 43 250 tonnes of tomatoes falling within No 0702 00 10 or 0702 00 90
                of the Combined Nomenclature ;
                 7 163 tonnes of cucumbers falling within No 0707 00 11 or 0707 00 19
                of the Combined Nomenclature ;
            - 959 tonnes of aubergines falling within No 0709 30 00 of the Combined
                Nomenc lature ;
            4 . If an importer notifies the imminent import of the
            product 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 corresponding to -jts requirements to the extent
            that the available balance of the reserve so permits .
                                         Article 3
        1 . If a Member State has used 90 % or more of one of its 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 and to the extent that the reserve so permits, draw a second
              share equal to 10 % of its initial share, rounded up where necessary to the
             next whole number .
           2 . If , after one of its initial shares has been used up , 90 %
           or more of the second share drawn by a Member State has
           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 .
           3 . If , after one of its second shares has been used up ,
           90 % or more of the third share drawn by a Member State
           has been used up , that Member State shall , in accordance
           with the conditions laid down in paragraph 1 , draw a
           fourth share equal to the third .
           Tins process shall continue until the reserve is used up .
           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
           Member Srtf may draw shares smaller than those fixed in
           those paragraphs if there is reason to believe that they
           might not be used up . It shall inform the Commission of its
           reasons for applying this paragraph .
                                         Article 4
Each of the additional shares drawn pursuant to Article 3 shall be
           valid until 31 December 1988 .
 ---pagebreak---                             Article S
The Member States shall return to the reserve , not later
than 1 October 1988, such unused portion of their initial
 share as , on 15 September 1988 , is in excess of 20 % of the
 initial volume. They may return a larger quantity if there
 are grounds for believing that this quantity may not be
 used .
The Member States shall notify the Commission not later
than 1 October 1988 of the total quantities of the products
in question imported up to 15 September 198g and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
                            Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and , as soon as it is notified , shall inform each State of the
extent to which the reserves have been used up .
It shall inform the Member States , not later than 5 October
1988 , of the amount in each reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts any reserve
does not exceed the balance available and , to this end , shall
notify the amount of that balance to the Member State
making the last drawing.
                            Article 7
 1 . The Member States shall take every measure necessary
to ensure that additional shares drawn pursuant to
Article 3         enable                       imports to be
charged without interruption against their accumulated
shares of the tariff quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3 . Member States shall charge imports of the products in
question against their shares as and when the products are
entered with the customs authorities for free circulation .
 ---pagebreak--- The extent to which a Member State has used up its shares                                Article 9
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
At the Commission’s request , the Member States shall                                   Article 10
inform it of imports of the products concerned actually
charged against their shares .                                 This Regulation shall enter into force on 1
                                                               January 1988 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels ,
                                                                                 For the Council
                                                                                  The President
 ---pagebreak---                                         iz
FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel de la Ccrnmunauté .    L' impact découlant de cette concession a
été pris en considération lors de la prise de décision d ' adoption de ce
contingent et il n' aura pas un caractère sérieux sur la compétitivité
et 1 ' emploi dans la Communauté .