CELEX: 51988PC0514
Language: en
Date: 1988-10-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for beans (of the species Phaseolus), onions and sweet peppers, originating in the Canary Islands (1989) (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(88) 514 final
                                        Brussels , 3 October 1988
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration of a
       Community tariff quota for beans ( of the species Phaseolus ),
                onions and sweet peppers , originating in the
                             Canary Islands ( 1989 )
                        ( presented by the Commission )
                                  s/ty-         Ig
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1.   By virtue of Article 4 of Protocol 2 annexed to the       Act of Accession of
     Spain and Portugal ,   beans , onions and sweet peppers falling within CN codes
  ex 0708 20- 10 ,  ex 0708 20 90 ,  0703 10 11 , 0703 10 19 or 0709 60- 10 of the
     Combined Nomenclature and originating in the Canary Islands qualify on
     import   into the customs territory of the Community for reductions          in
     customs duties within the      limits of annual    Community tariff quotas .
     Calculated on the basis of the said Article 4 ,        with the adjustments
     provided for     in Article 2   of Council   Regulation ( EEC ) No 1391 / 87 of
     18 May 1987 taken into account , the quota volumes are as follows :
     - 1 300 tonnes for beans falling within       CN codes ex 0708 20 10 or ex 0708 20 90
     - 8 000 tonnes for onions falling within        CN codes 0703 10 11 or 0703 10 19 ,
     - 16 605 tonnes for sweet peppers falling within CN code 0709 60 10 .
     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 .
     Where the said products are imported into Portugal , the duties applicable
     are to be calculated in accordance with the relevant provisions of the Act
     of Accession .
 ---pagebreak---                                            - 2 -
     Where the said products are released for free circulation in the remainder
     of the customs territory of the Community , they qualify for a progressive
     reduction of customs duties according to the same timetable and under the
     same conditions as provided for in Article 75 of the Act of Accession .
     These tariff quotas should therefore be opened for 1989 .
2 . The proposal for a regulation opening these tariff quotas provides - as is
    customary in such cases - for each quota volume to be divided into two
    parts ,  the first being allocated among the Member States as quota shares
    and the second being held as a reserve .
    Allocation of the volume of the first part of each quota took account of
    the fact that there have been no imports or only occasional imports into
    certain Member States in recent years .   Initial shares have therefore been
    allocated only to importing Member States ,    while other Member States are
    guaranteed access to the tariff quotas as and when imports are announced .
3 . As regards   the method of administration to be applied by all Member
    States , the Commission proposes the " as and when " system .
4 . This the the purpose of the attached proposal •
 ---pagebreak---                                                            Proposai for a
                                           COUNCIL REGULATION ( EEC) No... /88
                                                           of        .      ..
                       opening, allocating and providing for the administration of a Community tariff
                       quota for beans ( Vigna spp., Phaseolus spp.) onions and sweet peppers originating
                                                       in the Canary Islands (1989)
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   customs territory of the Community, they qualify for a
                                                                               progressive reduction of cjstoms duties according to the
    Having regard to the Treaty establishing the European                      same timetable and under the same conditions as
    Economic Community,                                          ^             provided for in Article 75 of the Act of Accession ;
                                                                               whereas, to qualify for the tariff quota, the products in
    Having regard to the Act of Accession of Spain and                         question must comply with certain marking and labelling
    Portugal, and in particular Article 4 of Protocol 2 annexed                conditions designed to prove their origin ; whereas the
    thereto,
                                                                               tariff quotas in question should therefore be opened for
                                                                               198 9;
    Having regard to the proposal from the Commission,
    Whereas, by virtue of Article 4 of Protocol 2 annexed to
    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 ('), beans, onions and sweet peppers falling within
CN codes        ex 0708 20 10,    ex 0708 20 90,         0703 10 11 ,
   0703 10 19 or 0709 60 10
   and originating in the Canary Islands qualify on import
   into the customs territory of the Community for reduced                    Whereas equal and continuous access to the quotas
   customs duties within the limits of annual Community                       should be ensured for all Community importers and the
   tariff quotas ; whereas the quota volumes are as follows :                 rates laid down for the quotas should be applied consis¬
   – 1 300 tonnes for beans ( Vigna spp., Phaseolus spp.)                     tently to all imports of the products in question into all
         falling within /codes ex 0708 20 10 or 0708 20 90 ;                  the Member States until the quotas are exhausted ;
                                                                              whereas, in the light of these principles, allocation of the
   – 8 000 tonnes for onions falling within ^N:odes                           tariff quotas among the Member States would seem to
         0703 10 11 or 0703 10 19, and                                        preserve the Community nature of the quotas ; whereas in
   – 1 6 605 tonnes for sweet peppers falling within CN code                  order to correspond as closely as possible to the real trend
         0709 60 10 .                                                         of the market for the products in question the allocation
                                                                              should reflect the requirements of the Member States
   Whereas, where the said products are imported into that                    based on statistics of imports of the said products from
   part of Spain which is included in the customs territory of                the Canary Islands during a representative reference
   the Community, they qualify for exemption from customs                     period and on the economic -outlook for the quota period
   duties ; whereas, where the said products are imported                     in question ;
   into Portugal, the quota duties applicable are to be calcu¬
   lated in accordance with the relevant provisions of the                    Whereas, during the last three years for which statistics
   Act of Accession ; whereas, where the said products are                    are available, imports into each of the Member States were
   released for free circulation in the remainder of the                      as follows :
                                                                                                                                    (tonnes)
                                            ex 0708 20 10                            0703 10 11                      0709 60 10
                                            ex 0708 20 90                            0703 10 19
             Member State
                                 Beans ( Vigna spp., Phaseolus spp.)                   Onions                       Sweet peppers
                                                                       *
                                                                                                         _
                                  mj            1986      1987            1985          1986     1987        1985        1986      1987
   Benelux                         720          674         526           1 000      "   120        47      13 054     8 263      6 887
   Denmark                           2          _
                                                                -
                                                                             61          –
                                                                                                     –
                                                                                                             1 086         72           31
   Germany                          62           54           10            566          289        56       5 758        254          155
   Greece                                                                  _             –           _        _           _
                                                            10Õ
                                   _
   Spain                          627                                    14 026          –      1 851          151      ' -             13
   France                          _            __
                                                                _            45           17         –          46           1          21
   Ireland                         –            –
                                                                           –             –
                                                                                                     2        –              1            2
   Italy                                        __              «          _             –           «b       –           –
   Portugal                        _            ___
                                                                           _
                                                                                         -    ■      -        –           –               -
   United Kingdom                 458          445          273           1 067        1 006         •
                                                                                                             7 284     8 903      8 912
  CD OJ No L 133, 22.5.1987, p. 5 .
 ---pagebreak---                                                                - 2 -
 Whereas in the last three years the products in question            initial and additional shares must be valid until the end of
 were imported regularly only by certain Member States             < the quota period ; whereas this form of administration
 and not at all or only occasionally by the other Member             requires close cooperation between the Member States
 States ; whereas, under these circumstances, in the first           and the Commission and the latter must be able to
 phase, initial shares should be allocated to the genuine            monitor the extent to which the quota volumes have been
 importing Member States and the other Member States                 used up and inform the Member States accordingly ;
 should be guaranteed access to the benefit of the tariff
 quotas when imports actually take place in those Member
 States ; whereas these allocation arrangements will equally         Whereas if at a given date in the quota period a consi ¬
 ensure the uniform application of the Common Customs                derable quantity of a Member State’s initial share remains
                                                                     unused, it is essential that the Member State concerned
 Tariff ;
                                                                     should return a significant proportion thereof to the
                                                                     corresponding reserve in order to prevent part of one of
                                                                     the Community tariff quotas from remaining unused in
                                                                     one Member State when it could be used in ethers ;
 Whereas, to allow for the trend of imports of the products
 concerned in the various Member States, the quota
volumes should be divided into two parts, the first being            Whereas since the Kingdom of Belgium, the Kingdom of
 allocated among certain Member States and the second                the Netherlands and the Grand Duchy of Luxembourg
 held as a reserve to cover any subsequent requirements of           are united within and jointly represented by the Benelux
 Member States which have used up their initial shares and           Economic Union, any operation concerning the adminis¬
any requirements which might arise in the other Member               tration of the quota shares allocated to that economic
States ; whereas, to afford importers in each Member State           union may be carried out by any one of its members,
some degree of certainty, an appropriate level for the first
part of the tariff quotas would, in the present circum¬
stances, be 60 % of the quota volume S.                                                &
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the initial shares of the Member States may be
used up at different rates ; whereas, in order to avoid any                                    Article I
break in the continuity of supplies on this account, it
should be provided that any Member State which has
almost used up one of its initial shares should draw an              1.     From 1 January to 31 December 1989 the customs
additional share from the corresponding reserve ; whereas            duties applicable to imports into the Community of the
each time one of its additional shares is almost used up a           following products originating in the Canary Islands, shall
Member State should draw a further share and so on as                be suspended at the levels indicated and within the limits
many times as the reserve allows ; whereas each of the               of Community tariff quotas as shown below :
                                                                           Amount
     Order                                                                                             Rate of duty
      No
                   CN code                  Description                    of quota                        (%)
                                                                           (tonnes)
                                 – Beans ( Vigna spp., Pbaseolus                        – From 1 January to 30 June : g_2 %
                                    spp.) :
                                                                                          MIN 1.2 ECU/100 kg/net
09.0423         ex 0708 20 10    – – from 1 October to 30 June )             1 300
                ex 0708 20 90    – – from 1 July to 30 September )                      – From 1 July to 30 September : JO . 8%
                                                                                          MIN 1.2 ECU/100 kg/net
                                                                                        – From 1 October to 31 December : 8.2%
                                                                                          MIN 1.2 ECU/100 kg/net
                                 – Onions :
09.0425            0703 10 1 1   – – – Seed                      )
                                                                             8 000                     7.6 %
                   0^0310 19     – – – Other                    J
09.0427            0709 60 10    – – Sweet peppers                          16 605                     4.0 1
 ---pagebreak---                                                               - 3 -
 2.    On import, the said products shall, in the event of      – 320 tonnes of beans ( Vigna spp., Phaseolus spp.)
 any countervailing duty being applied under Regulation              falling within CN codes ex 0708 20 10 and ex 0708 20 90,
(EEC) No 1035/72 of 18 May 1972 on the common or¬
ganization of the market in fruit and vegetables ('), as last   –3 200 tonnes of onions falling within CN codes 0703 10 ’1
 amended by Regulation (EEC) No 1113/88 (•*), benefit                and 0703 10 19,
                                                                                                                            CN
 from a reduction of 6 % of that duty.
                                                                –6 640 tonnes of sweet peppers falling within /code
                                                                     0709 60 10 .
 3. (a) Without prejudice to the other provisions appli­
        cable as regards quality standards, products covered
        by this Regulation cannot qualify under the tariff      4. If an importer gives notification of imminent
        quotas unless, when they are presented to the           imports of the products in question into the other
        authorities responsible for the import formalities      Member States and applies to take advantage of the quota,
        for the purposes of release into free circulation in    the Member State concerned shall inform the Commis¬
        the customs territory of the Community, they are        sion and draw an amount corresponding to its require¬
        presented in packaging which bears the words            ments to the extent that the available balance of the
        ‘Canary Islands’, or the equivalent thereof in          reserve so permits.
        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, shall not                                       Article 3
        apply to products covered by this Regulation.
                                                                1.     If a Member State has used 90 % or more of one of
                                                                its initial shares as specified in Article 2 (2), it shall forth¬
                          Article 2                             with, by notifying the Commission and to the extent that
                                                                the reserve so permits, draw a second share equal to 10 %
 1 . The tariff quotas referred to in Article 1 shall be        of its initial share, rounded up where necessary to the
divided into two parts.                                         next whole number.
2. The first part of each quota, respectively 780,
4 800 and 9 965 tonnes, shall be allocated among
                                                                2. If, after one of its initial quota shares has been used
certain Member States ; the quota shares, valid until 31
 December 1989 shall be as follows :                            up, a Member State has used 90 % or more of its second
                                                     CN         share as well, it shall forthwith, using the procedure
(a) Beans ( Vigna spp., Phaseolus spp.) falling within /fode    provided for in paragraph 1 and to the extent that the
     ex 0708 20 10 and ex 0708 20 90                            reserve so permits, draw a third share equal to 5 % of the
                                                                initial share, rounded up where necessary to the next
                                                                whole number.
     Benelux                            379    tonnes,
     Germany
                                         26    tonnes,
                                        143     tonnes
     Spain                                                      3.     If, after one of its second shares has been used up, a
                                        232     tonnes
     United Kingdom                                             Member State has used 90 % or more of its third share, it
 (b) Onions falling within code 0703 10 11 and 0703 10 19       shall, using the procedure provided for in pargraph 1 ,
                                                                draw a fourth share equal to the third.
      Benelux                             278 tonnes
      Denmark                               15 tonnes,
     Germany                              217 tonnes,           This process shall continue until the reserve is used up.
     Spain                             3 782 tonnes,
      France .     ,                       T5 tonnes
     United Kingdom                      493 tonnes .
(c) sweet peppers falling within code 0709 60 10                4. By way of derogation from paragraphs 1 , 2 and 3,
                                                                Member States may draw smaller shares than those speci¬
                                                                fied in the said paragraphs if there is reason to believe
     Benelux                          4 616 tonnes,             that they might not be used in full . Member States shall
     Denmark                             194 tonnes,            inform the Commission of their reasons for applying this
     Germany                          1 010 tonnes,             paragraph.
     Spain                                27 tonnes,
     France                               1 1 tonnes.
    Uhited Kingdom                    4 107 tonnes .
 3.    The second part of ei :h quota shall be as follows
 and   shall constitute the corresponding Community                                         Article 4
 reserve :
(') OJ No L 118 , 20. 5. 1972, p. 1 .                           Each of the additional shares drawn pursuant to Article 3
O Oj No L riü, 29.4.1938, p. 33.                               shall be valid until 31 December 1989.
 ---pagebreak---                            Article 5                             Article 3 enable imports to be charged without interrup¬
                                                                 tion against their accumulated shares of the Community
By 1 October 1 98 9 at the latest Member States must             tariff quota.
return to the reserve the unused portion of their initial
share which, on 15 September 1989, is in excess of 20 %          2. Member States shall ensure that importers of the
of the initial volume. They may return a greater portion if      products concerned have free access to the quota shares
there is reason to believe that it might not be used .           allocated to them .
By 1 October 1989 at the latest Member States must
notify the Commission of the total quantities of the             3. Member States shall charge imports of the products
products concerned imported on or before 15 September            concerned against their shares as and when the goods are
1989 and charged against the Community quotas and of             entered with the customs authorities for free circulation .
any portion of their initial shares that they are returning
to each of the reserves .                                        4. The extent to which a Member State has used up its
                                                                 shares shall be determined on the basis of the imports
                           Article 6                             charged in accordance with paragraph 3 .
The Commission shall keep account of the shares drawn
by Member States pursuant to Articles 2 and 3 and shall                                   Article 8
inform each Member State of the extent to which the
reserves have been used up as soon as it has been notified.      At the request of the Commission , Member States shall
It shall inform the Member States not later than 5
                                                                 inform it of imports actually charged against their quota
                                                                 shares .
October 198 9of the state of each of the reserves following
any return of quota shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available, and to this
end shall notify the amount of that balance to the
Member State making the final drawing.
                           Article 7
                                                                                         Article 10
1 . Member States shall take all appropriate measures to
ensure that additional drawings of shares pursuant to            This Regulation shall enter into force on 1 January 19$ .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels,
                                                                             For the Council
                                                                               The President
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Carmunautê . 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
Carmunautê .