CELEX: 31985R3767
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3767/85 of 20 December 1985 opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco falling within heading No 24.02 of the Common Customs Tariff and processed in the Canary Islands (1986)

31 . 12 . 85                                Official Journal of the European Communities                                        No L 362 / 5
                                            COUNCIL REGULATION (EEC) No 3767/ 85
                                                         of 20 December 1985
                   opening, allocating and providing for the administration of Community tariff quotas for
                   certain types of manufactured tobacco falling within heading No 24.02 of the Common
                                      Customs Tariff and processed in the Canary Islands ( 1986)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                           24.02 A cigarettes      24.02 B cigars
                                                                              Member States
                                                                                                      (million items)      (thousand items)
                                                                                                   1982    1983    1984  1982     1983   1984
Having regard to the Act fo Accession of Spain and
Portugal ('), and in particular Article 2 of Protocol No 2             Benelux                                          1 140     468   1 276
thereto ,                                                              Denmark
                                                                       Germany                                               17
                                                                                                   on average 19 400 on average 312300
Having regard to the proposal from the Commission,                      Spain                           per year                per year
                                                                       Greece
Whereas Article 2 of Protocol No 2 and Article 10 of Protocol           France                                                            208
No 3 to the Act of Accession stipulate that , as from 1 January         Ireland
1986 , manufactured tobacco falling within heading No                   Italy
24.02 of the Common Customs Tariff and processed in the                 Portugal
Canary Islands is to be exempt, in the customs territory of the         United Kingdom                                       38      9       5
Community, from customs duties within the limit of annual
Community tariff quotas; whereas this tariff preference is
applicable only to products of which there have been imports
in the last five years; whereas, calculated on the basis of the
said Article 2 , the quota volumes for cigarettes falling within       Whereas, during the last three years , the products in question
subheading 24.02 A and cigars falling within subheading                 were imported only by certain Member States and not at
24.02 B amount to 19 400 million and 332,3 million items                all by the other Member States; whereas, under these
respectively; whereas there are no imports of other products            circumstances, initial shares should be allocated to the
falling within heading No 24.02; whereas the tariff quotas in           importing Member States and the other Member States
question should therefore be opened for 1986 ;                          should be guaranteed access to the benefit of the tariff quotas
                                                                        upon imports into those States of the products concerned
                                                                        being notified; whereas these arrangements for allocation
Whereas rules should be laid down to cover the marking of               will equally ensure the uniform application of the Common
the products concerned;                                                 Customs Tariff;
Whereas it is in particular necessary to ensure for all
                                                                        Whereas , in order to take into account import trends for the
 Community importers equal and uninterrupted access to the
 abovementioned quotas and uninterrupted application of the             products concerned in the various Member States , each
 rates laid down for these quotas to all imports of the products        quota should be divided into two instalments , the first being
 concerned in all Member States until the quotas have been              shared among certain Member States and the second
                                                                        constituting a reserve to cover the subsequent requirements
 used up; whereas, having regard to the principles mentioned
 above , the Community nature of the quotas can be respected            of these Member States where they have used up their initial
                                                                        shares and any additional requirements which might arise in
 by allocating the Community tariff quotas among the
                                                                        the other Member States; whereas , in order to give importers
 Member States; whereas , in order to reflect as accurately as
                                                                        in each Member State a certain degree of security, it is
 possible the true trend of the market in the products in
 question , such allocation should be in proportion to the              appropriate to fix the first instalment of the Community
 requirements of the Member States , calculated by reference            quotas at a level which , in the circumstances , could be 95 and
 to the statistics for imports of the products concerned                 99 % respectively of each of the quota volume;
 processed in the Canary Islands over a representative
 reference period and also to the economic outlook for the
 quota period in question ;
                                                                         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
 Whereas , during the last three years for which statistics are          State which has almost used up its initial quota shares should
 available, imports into each of the Member States were as               draw an additional share from the corresponding reserve ;
  follows :
                                                                         whereas this must be done by each Member State as and
                                                                         when each of its additional shares is almost used up , and
 (>) OJ No L 302 , 15 . 11 . 1985 , p. 23 .                              repeated as many times as the reserve allows ; whereas the
 ---pagebreak--- No L 362 / 6                                 Official Journal of the European Communities                                       31 . 12 . 85
initial and additional shares must be valid until the end of the                                       Article 2
quota period; whereas this method of administration
requires close cooperation between the Member States and                 1.    The tariff quotas laid down in Article 1 shall be divided
the Commission and th$ latter must be in a position to                  into two instalments .
monitor the extent to which the quota amounts have been
used up and to inform Member States thereof;                             2.     A first instalment of each quota shall be shared among
                                                                         certain Member States ; the respective shares, which , subject
                                                                         to Article 5 , shall be valid until 31 December 1986 , shall be
Whereas, if at a given date in the quota period, a substantial           as follows :
quantity remains unused in any Member State, it is essential
that that Member State should return a significant                      (a) 24.02 A           cigarettes
proportion to the corresponding reserve to prevent a part of                  Spain:                 18 430 million items;
any tariff quota from remaining unused in one Member State
when it could be used in others;                                        (b) 24.02 B           cigars
                                                                              Benelux:                  1,30 million items
                                                                              Germany:                  0,01 million items
                                                                              Spain :                330,73 million items
Whereas, since the Kingdom of Belgium, the Kingdom of the                     France:                   0,20 million items
Netherlands and the Grand Duchy of Luxembourg are united                      United Kingdom : 0,01 million items .
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            3.      The second instalment of each quota , that is 970
out by any of its members;                                              million items (24.02 A) and 0,05 million items (24.02 B)
                                                                        respectively, shall constitute the corresponding reserve.
Whereas , pursuant to Article 2 (3 ) of the Treaty of Accession
                                                                        4.     If an importer notifies the imminent import of the
of Spain and Portugal, the institutions of the Communities
                                                                        products in question into the other Member States and
may adopt, before accession , the measures referred to in               requests the benefit of the quota , the Member State
Article 2 of Protocol No 2 annexed to the Act of Accession,             concerned shall inform the Commission and draw an amount
such measures entering into force subject to and on the date
                                                                        corresponding to these requirements to the extent that the
of entry into force of the said Treaty,
                                                                        available balance of the reserve so permits.
                                                                                                       Article 3
HAS ADOPTED THIS REGULATION:
                                                                        1.     If 90 % or more of a Member State's initial share as
                                                                        specified in Article 2 ( 2), or 90 % of that share minus the
                             Article 1
                                                                        portion returned to the corresponding reserve where Article 5
                                                                        has been applied , has been used up , then to the extent
1.     From 1 January to 31 December 1986 , duty-free                   permitted by the amount of the reserve, that Member State
Community tariff quotas shall be opened in the Community                shall forthwith , by notifying the Commission, draw a second
for the following products processed in the Canary Islands,             share equal to 10 % of its initial share, rounded up where
within the limits indicated below :                                     necessary to the next unit .
   CCT heading
                            Description
                                                     Quota volume        2.     If, after one of its initial shares has been used up , 90 %
        No                                           (million items)    or more of the second share drawn by a Member State has
                                                                        been used up , then that Member State shall , in accordance
      24.02       Manufactured tobacco ; tobac­
                  co extracts and essences :
                                                                         with the conditions laid down in paragraph 1 , draw a third
                                                                         share equal to 5 % of its initial share , rounded up where
                  A. Cigarettes                         19 400           necessary to the next unit.
                  B. Cigars                              332,3
                                                                         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
 2.     Products covered by this Regulation cannot qualify               used up , that Member State shall , in accordance with the
 under the quotas unless, when they are presented to the                 conditions laid down in paragraph 1 , draw a fourth share
 authorities responsible for the import formalities for the              equal to the third.
 purposes of release into free circulation in the customs
 territory of the Community, they are presented in packaging
 bearing the words, in clearly visible and perfectly legible            This process shall continue until the reserve is used up .
 characters, 'Manufactured in the Canary Islands', or a
 translation thereof in another official Community                      4.      By way of derogation from paragraphs 1,2 , and 3 , a
 language .                                                             Member State may draw shares smaller than those fixed in
 ---pagebreak--- 31 . 12 . 85                              Official Journal of the European Communities                                 No L 362 / 7
those paragraphs if there is reason to believe that they might                                  Article 7
not be used up . It shall inform the Commission of its reasons
for applying this paragraph .                                         1.    The Member States shall take every measure necessary
                                                                     to ensure that additional shares drawn pursuant to Article 3
                                                                     are opened in such a way that imports may be charged
                             Article 4                               without interruption against their accumulated shares of die
                                                                     tariff quota .
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1986 .                                       2.     The Member States shall ensure that importers of the
                                                                     products in question have free access to the shares allocated
                                                                     to them .
                             Article 5
                                                                     3.     Member States shall charge imports of the products in
The Member States shall return to the reserve, not later than        question against their shares as and when the products are
30 November 1986, such unused portion of their initial               entered with the customs authorities for free circulation .
share as, on 15 November 1986 is in excess of 20 % of the
initial volume. They may return a larger quantity if there are       4.     The extent to which a Member State has used up its
grounds for believing that this quantity may not be used.            shares shall be determined on the basis of the imports of the
                                                                     products concerned processed in the Canary Islands and
The Member States shall notify the Commission, not later             entered with customs authorities for free circulation .
 than 30 November 1986 of the total quantities of the
 products in question imported up to 15 November 1986 and
 charged against the tariff quota and of any quantity of the                                    Article 8
 initial shares returned to the reserve .
                                                                     At the Commission's request, the Member States shall inform
                             Article 6
                                                                     it of imports of the products concerned actually charged
                                                                     against their shares .
 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                                Article 9
 which the reserves have been used up .
                                                                      The Member States and the Commission shall cooperate
 It shall inform the Member States, not later than 5 December         closely to ensure that this Regulation is complied with.
 1 986 of the amount in each reserve after quantities have been
 returned thereto pursuant to Article 5 .
                                                                                                Article 10
 It shall ensure that the drawing which exhausts any reserve
 does not exceed the balance available and , to this end , shall      This Regulation shall enter into force on 1 January 1986 ,
 notify the amount of that balance to the Member State                subject to the entry into force of the Treaty of Accession of
  making the last drawing.                                            Spain and Portugal .
                   This Regulation shall be binding in its entirety ajid directly applicable in all Member
                   States .
                    Done at Brussels , 20 December 1985 .
                                                                                      For the Council
                                                                                       The President
                                                                                       R. STEICHEN