CELEX: 51989PC0153
Language: en
Date: 1989-05-26
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CHINESE CABBAGES, ORIGINATING IN THE CANARY ISLANDS ( 1989 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0MC89) 153 final
                                        Brussels, 26 May 1989
                            Proposal for a
                      COUNCIL REGULATION (EEC)
    opening and providing for the administration of a Community
       tariff quota for Chinese cabbages, originating in the
                        Canary Islands (1989)
                   (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1. According to Article 6 of Council Regulation (EEC) No 1391/87 concerning
   certain adjustments to the arrangements applied to the Canary Islands
   the'-e is provision for the following Community tariff quota in respect
   of imports into the Community of 100 tonnes of Chinese cabbages, falling
   within CN Code ex 0704 90 90 for the period 1 November to 31 December
   originating in the Canary Islands.
   where the said product» §F§ ifnpgrtecj into that part of Spain which is
   included in the customs territory of the Community, they shall qualify
   for exemption from 6g§|(jms duties.
   Where the said products ape imported into Portugal the duties applicable
   are to be calculated •eeerÉini %Q thf provision! 1n question of the
   Accession Act.
   Where the said products are released for free circulation in the
   remainder of the customs territory of the Community* they shall
   qualify for the progressive reduction qf customs duties according
   to the same timetable and under the sairj conditions as those pro-
   vided for in Article 75 of the Act of Accession.
   This tariff quota should therefor»» be opened from 1 November to 31
   December 1989.
2. In this case, it is proposed that the whole of the quota volume be
   held as a Community reserve to which all Member States have access,
   in accordance with the procedure provided for in Article 3 of the
   proposal for a Regulation.
   This is the purpose of the attached proposal.
 ---pagebreak---                                                         Proposal for a
                                           C O U N C I L REGULATION (EEC) N o
                                                           of
                 o p e n i n g and providing for the a d m i n i s t r a t i o n of a C o m m u n i t y tariff q u o t a for
                 Chinese cabbages                                             « o r i g i n a t i n g in the Canary Islands
                                                                    ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                         products in question has t 0 comply with certain marking
                                                                                 and labelling conditions designed to prove i t s origin ;
Having regard to the Treaty establishing the European
Economic Community,                                                              Whereas equal and continuous access to the quota
                                                                                 should be ensured for all Community importers and the
                                                                                 rates laid down for the quota should be applied consis-
Having regard to Council Regulation (EEC) No 1391/87                             tently to all imports of the product in question into all
of 18 May 1^87 concerning certain adjustments to the                             Member States until the quota i s e x h a u s t e d ^
arrangements applied to the Canary Islands ('), and in                          c
particular Articles        6 and 10 thereof,                                      ^* whereas, however,
                                                                                     i t should not be allocated among the Member States.
                                                                                 without prejudice to the drawing against the quota
Having regard to the proposal from the Commission,
Whereas Article                     6 of Regulation (EEC) No
1391/87 provides for the opening ofaCommunity tariff
quota for imports into the Community of-v
                                                                          4      volumes of such quantities as they may need, under !.
                                                                                 conditions and according t o t h e procedure mentioned in]
                                                                                rticle 3;             whereas this method of administration i
                                                                                  requires close cooperation between the Member States ;
                                                                                  and the Commission and the latter must in particular be
                                                                                  able to monitor the rate at which the quota i s used and
                                                                                  inform the Member States accordingly ;
-i» 100 tonnes of Chinese cabbages falling within CN
    code ex 0 7 04 90 90,for the period 1 November to 31                          Whereas,since the Kingdom of Belgium, the Kingdom of
     December r o r i g i n a t i n g i n t h e Canary I s l a n d s .            the Netherlands and the Grand Duchy of Luxembourg
                                                                                  are united within,and jointly represented by,the Benelux
                                                                                  Economic Union, any operation concerning the adminis-
                                                                                  tration of the drawings made by                that economic
                                                                                  union,may be carried out by any one of its members.
  Whereas, where the said product i s imported into that
  part of Spain which is included in the customs territory of
  the Community, i t q u a l i f i e s f o r exemption from
   customs d u t i e s : 3                                                        HAS ADOPTED THIS REGULATION
     <_]^ whereas, where the said product i s imported into
  Portugal, the quota duties aplicable are to be calculated in
  accordance with the relevant provisions of the Act of
  Accession ; whereas, where the said product i s released                                                     Article    1
  for free circulation in the remainder of the customs
  territory of the Community, i t q u a l i f i e s for the
  progressive reduction of customs duties according to the                         1. (a) The customs duties applicable to imports into the
  same timetable and under the same conditions as those                                     Community of the following product originating
  provided for in Article 75 of the Act of Accession^                                       in the Canary Islands shall be suspended at the
                                                                                            level indicated and within the limits of the
          C >> whereas, to qualify for the tariff quotas, the                               Community tariff quota, as shown below :
                                                                                                                       Amount
     Order No         CN code                                         Description                                      of quota     Quota durv
                                                                                                                                       (7o)
                                                                                                                     (in tonnes)
  09.0437         ex 0704 90 90          Chinese cabbages, from 1 November to 31 December 198-9                          100         9,5
  0 OJ No L 133, 18. 5. 1987, p. 5.
 ---pagebreak---                                                                         -2 -
   (b) Where the said product i s imported into that                              The drawings are granted by the Commission on the basts of
       part of Spain which is included in the customs                             rhc dare of acceptance of the declaration of entry into free
       territory of the Community, i t shall qualify for                          circulation by the customs authorities of the Member State
       exemption from customs duties.                                             concerned, to the extent that the available balance so
                                                                                  permits.
   (c) Within the limit of this tariff quota , the
       Portuguese Republic shall apply customs duties                             It i Member State does not use the quantities drawn, it shall
                                                                                  return them as soon as possible to the tariff quota.
       calculated according to the relevant provisions of
        the Act ot Accession and the Regulations relating
        thereto.                                                                  It the quantities requested are greater than the .v. .u!able
                                                                                  balance of the tariff quota, allocation shall be made on a pro
!.(a) Without prejudice to the other provisions                                   r.u.i basis with respect to the requests. Member States shall be
       applicable as regards quality standards, the product                       informed by the Commission o f t h e d r a w i n g s made,
       covered by this Regulation cannot qualify under
       the tariff quota: unless, when i t i s presented to
       the authorities responsible for the import                                                               Article 4
       formalities for the purposes of release into free
       circulation in the customs territory of the
       Community, i t i s           presented in packaging                          1.     Member States shall take ail appropriate measures to
       which bears the words 'Canary Islands', or the                              ensure that their drawings pursuant ro Article 3 enable
       equivalent thereof in another official Community                             imports to be charged without interruption against
       language, in a clearly visible and perfectly legible                                                  "the Community quota.
       form.
                                                                                    2.      Each Member State shall ensure that importers of the said
   (b) The third and fourth subparagraphs of Article 9 of
                                                                                    product               have free access to the quota for such
       Council Regulation (EEC) No 1035/72 of 18 May
                                                                                    times JS the balance of the tariff quota so permits
        1972 on the common organization of the market
       in fruit and vegetables ('), as last amended by
       Regulation (EEC) No               (2), shall not apply to
 the product covered by thiss Regulation.                                            3.     Member States shall charge imports of the said product
                                                                                    against their drawings as and when such product is entered
                                                                                    with the customs authorities under cover of declarations of
                              Article 2                                             entry into free circulation.
   The tariff quota referred co in Article 1 shall be administered
   by the Commission, which may take any appropriate                                4.      The extent to which the quota has been used up shall be
   measure with a view to ensuring the efficient administration                     determined on the basis of the imports charged in accordance
   thereof.                                                     *•                   with paragraph 3.
                                                                                                                   Article   5
                               Article 3
                                                                                        The Member States and the Commission shall cooperate
   If an importer presents in a Member State a declaration of |__                       closely to ensure that this Regulation is complied with.
   entry into free circulation including a request for preferential b e n e f i t
   for the        product covered by this Regulation, and if this f
   declaration is accepted by the customs authorities, the |
    Member State concerned shall draw, from the tariff quota,                                                      Article  6                      ,
    by means of notification to the Commission, a quantity
    corresponding to these needs.                                                       This Regulation shall enter into force on 1 November 1989
    The requests for drawing, with the indication of the date of
    acceptance of the said declaration, must be communicated to
    the Commission without delay.
                                                   This Regulation shall be binding in its entirety and directly applicable in all Member
                                                   States.
                                                   Done at Brussels,
                                                                                                                               For the Council
                                                                                                                                The President
         (') OJ No L 118. 20. 5. 1972, p. 1.
         0 OJ No L
 ---pagebreak---               FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel de la QDmmunauté. 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 ccmpétitivité et
1 ' anploi dans la Communauté.
 ---pagebreak--- Commission of the European Communities
COM(89) 153 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a Community tariff quota
for Chinese cabbages, originating in the Canary Islands (1989)
(presented by the Commission)
26.5.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 5 pp. - Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-50031-X
Catalogue number: CB-CO-89-206-EN-C
 ---pagebreak---                                             ISSN 0254-1475
COM(89) 153 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of
a Community tariff quota for Chinese cabbages,
originating in the Canary Islands (1989)
(presented by the Commission)
 11     02                                26.5.1989
Catalogue number: CB-CO-89-206-EN-C
ISBN 92-77-50031-X
€
COMMISSION OF THE EUROPEAN COMMUNITIES