CELEX: 31985R3807
Language: en
Date: 1985-12-20
Title: Council Regulation (EEC) No 3807/85 of 20 December 1985 opening, allocating and providing for the administration of Community tariff quotas for new potatoes and avocados falling within subheadings 07.01 A II and 08.01 D of the Common Customs Tariff and originating in the Canary Islands (1986)

No L 367 / 48                                Official Journal of the European Communities                                      31 . 12 . 85
                                           COUNCIL REGULATION ( EEC ) No 3807 / 85
                                                          of 20 December 1985
                  opening , allocating and providing for the administration of Community tariff quotas for new
                  potatoes and avocados falling within subheadings 07.01 A II and 08.01 D of the Common
                                      Customs Tariff and originating in the Canary Islands ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 the relevant provisions of the Act of Accession ; whereas ,
                                                                          when the said products are released for free circulation in the
Having regard to the Act of Accession of Spain and                        remainder of the customs territory of the Community , they
Portugal 0 ), and in particular Article 4 of Protocol No 2                qualify for the progressive reduction of customs duties
annexed thereto ,                                                         according to the same timetable and under the same
                                                                          conditions as those provided for in Article 75 of the Act of
                                                                          Accession ; whereas , to qualify for the tariff quota , the
Having regard to the proposal from the Commission ,                       products in question have to comply with certain marking
                                                                          and labelling conditions designed to prove their origin ;
Whereas , according to Article 4 of Protocol No 2 and Article             whereas , according to the relevant provisions of the Act of
10 of Protocol No 3 annexed to the Act of Accession , new                 Accession , tariff measures take effect only from 1 March
potatoes and avocados falling within subheading 07.01 A II                 1986 ; whereas the tariff quotas in question should therefore
and 08.01 D respectively of the Common Customs Tariff and                 be opened for the period 1 March to 31 December 1986 ;
originating in the Canary Islands qualify , on import into the
customs territory of the Community , for reduced duties                   Whereas it is in particular necessary to ensure for all
within the limits of annual Community tariff quotas ;                     Community importers equal and uninterrupted access to the
whereas the quota volumes amount to :                                     abovementioned quotas and uninterrupted application of the
                                                                          rates laid down for these quotas to all imports of the products
— 6 642 tonnes for new potatoes falling within subheading                 concerned into all Member States until the quotas have been
    07.01 A II ,                                                          used up ; whereas , having regard to the principles mentioned
                                                                          above , the Community nature of the quotas can be respected
    and                                                                   by allocating the Community tariff quotas among the
                                                                          Member States ; whereas , in order to reflect as accurately as
— 2 060 tonnes for avocados falling within subheading                     possible the true trend of the market in the products in
    08.01 D ;                                                             question , such allocation should be in proportion to the
                                                                          requirements of the Member States , calculated by reference
Whereas , when the said products are imported into that part              to the statistics for imports of the products concerned
of Spain which is included in the customs territory of the                originating in the Canary Islands over a representative
Community , they qualify for exemption from customs duties                reference period and also to the economic outlook for the
and are not subject to compliance with the reference price ;              quota period in question ;
whereas , when the said products are imported into Portugal ,
the quota duties applicable are to be calculated on the basis of          Whereas , during the last three years for which statistics are
                                                                           available , imports into each of the Member States were as
(') OJ No L 302 , 15 . 11 . 1985 , p. 23 .                                 follows ( in tonnes ):
                 \                                               - 07.01 A II -                     - 08.01 D -
                               Member States                      new potatoes                        avocados
                 l                                         1982       1983        1984      1982        1983       1984
                  Benelux                                    38           4         61        13          16         13
                  Denmark                                   -
                                                                        93         226        -          -          -
                  Germany                                   -          -
                                                                                      4         8          2          6
                  Greece                                    -          -           -          -          -          -
                  Spain                                         average of 818                    average of 1 351
                  France                                    -
                                                                        23         -
                                                                                              94        112         97
                  Ireland                                   -          -           -          -          -          -
                  Italy                                     -          -           -          -          -          -
                  Portugal                                  -          -           -          -          -          -
                  United Kingdom                          3 536      6 754      6 728        373        723        671
 ---pagebreak--- 31 . 12 . 85                               Official Journal of the European Communities                                 No L 367 / 49
Whereas in the last three years the products in question were         Article 4 of Protocol No 2 annexed to the Act of
imported regularly only by certain Member States and not at           Accession ,
all or only occasionally by the other Member States ; whereas ,
under these circumstances , in the first phase , intitial shares
should be allocated to the genuine importing Member States
and the other Member States should be guaranteed access to            HAS ADOPTED THIS REGULATION :
the benefit of the tariff quotas when imports actually take
place in the latter ; whereas these arrangements for allocation
                                                                                                   Article 1
will equally ensure the uniform application of the Common
Customs tariff;
                                                                      1 . ( a ) From 1 March to 30 June 1986 a Community tariff
                                                                                quota of 6 642 tonnes shall be opened in the
                                                                                Community for new potatoes falling within
Whereas , in order to takr into account import trends for the                   subheading 07.01 A II of the Common Customs
products concerned in the various Member States , each                          Tariff and originating in the Canary Islands .
quota should be divided into two instalments , the first being
shared among certain Member States and the second                         ( b ) From 1 March to 31 December 1986 a Community
constituting a reserve to cover the subsequent requirements                      tariff quota of 2 060 tonnes shall be opened in the
of these Member States where they have used up their initial                    Community for avocados falling within subheading
shares and any additional requirements which might arise in                     08.01 D of the Common Customs Tariff and
the other Member States ;                                                       originating in the Canary Islands .
                                                                      2 . ( a ) Where the said products are imported into that part
Whereas , in order to give importers in each Member State a                     of Spain which is included in the customs territory of
certain degree of security , the first instalment of the                        the Community , they shall qualify for exemption
Community quotas should , under the circumstances , be                          from customs duties and are not subject to
fixed at 80% respectively of the quota volumes ;                                compliance with the reference price .
                                                                          ( b ) Within the limits of these tariff quotas , the
                                                                                 Portuguese Republic shall apply customs duties
Whereas , the Member States' initial shares may be used up at                   calculated according to the relevant provisions of
different times ; whereas , in order to take this fact into                      the Act of Accession and the Regulations relating
account and avoid any break in continuity , any Member                          thereto .
State which has almost used up its initial quota shares should
draw an additional share from the corresponding reserve ;                 ( c ) Where the said products are released for free
whereas this must be done by each Member State as and                           circulation in the remainder of the customs territory
when each of its additional shares is almost used up , and                      of the Community , the quota duties indicated below
repeated as many times as the reserve allows ; whereas the                      for each of the tariff subheadings shall be
initial and additional shares must be valid until the end of the                applied :
quota period ; whereas this method of administration
requires close cooperation between the Member States and                                 CCT heading No                 Quota duty
the Commission and the latter must be in a position to
                                                                                07.01 A II :
monitor the extent to which the quota amounts have been
used up and to inform Member States thereof;                                    — from 1 March to 15 May                13,1%
                                                                                — from 16 May to 30 June                18,3%
                                                                                08.01 D                                  3,5%
Whereas , if, at a given date in the quota period , a substantial
quantity remains unused in any Member State , it is essential
that that Member State should return a significant
proportion to the corresponding reserve to prevent a part of          3.      Without prejudice to the other provisions applicable as
any tariff quota from remaining unused in one Member State            regards quality standards , products covered by this
when it could be used in others ;                                     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
Whereas , since the Kingdom of Belgium , the Kingdom of the           circulation in the customs territory of the Community , they
Netherlands and the Grand Duchy of Luxembourg are united              are presented in packaging which bears the words 'Canary
within and jointly represented by the Benelux Economic                Islands', or the equivalent thereof in another official
Union , any operation relating to the administration of the           Community language , in a clearly visible and perfectly legible
                                                                      form .
quota shares allocated to that economic union may be carried
out by any of its members ;
                                                                                                   Article 2
Whereas pursuant to Article 2 ( 3 ) of the Treaty of Accession
of Spain and Portugal , the institutions of the Communities           1.      The tariff quotas laid down in Article 1 shall be divided
may adopt , before accession , the measures referred to in            into two instalments .
 ---pagebreak--- No L 367 / 50                                 Official Journal of the European Communities                                     31 . 12 . 85
2.      A first instalment of each tariff quota shall be allocated       This process shall continue until the reserve is used up .
among certain Member States ; the respective shares which ,
subject to Article 5 , shall be valid :
                                                                         4.     By way of derogation from paragraphs 1 , 2 and 3 , a
— until 30 June 1986 for new potatoes ,                                  Member State may draw shares smaller than those fixed in
                                                                         those paragraphs if there is reason to believe that they might
— until 31 December 1986 for avocados ,                                  not be used up . It shall inform the Commission of its reasons
                                                                         for applying this paragraph .
shall amount to the quantities indicated below :
( a ) new potatoes of subheading 07.01 A II :
       Benelux                                          25  tonnes ,
                                                                                                      Article 4
       Denmark                                           85 tonnes ,
       Spain                                           660  tonnes ,
       United Kingdom                                4 540  tonnes ,     Each of the additional shares drawn pursuant to Article 3
                                                                         shall be valid until the end of the period defined in
( b ) avocados of subheading 08.01 D :                                   Article 1 .
       Benelux                                           10 tonnes ,
       Germany                                            5 tonnes ,
       Spain                                         1 085  tonnes ,
       France                                            80 tonnes ,
                                                                                                      Article 5
       United Kingdom                                  470  tonnes .
3.      The second         instalment     of   each    quota ,   i.e.    The Member States shall return to the reserve not later
respectively :                                                           than :
— 1 332 tonnes for new potatoes of subheading 07.01
                                                                         — 15 May 1986 with regard to new potatoes ,
      A II ,
                                                                              and
      and
                                                                         — 1 October 1986 with regard to avocados ,
— 410 tonnes for avocados of subheading 08.01 D ,
shall constitute the corresponding Community reserve .                   the unused portion of their initio ! share which , on 1 May
                                                                         1986 and 15 September 1986 respectively , is in excess of
4.      If an importer notifies the imminent import of the               20 % of the initial volume . They may return a larger quantity
product in question into the other Member States and                     if there are grounds for believing that this quantity may not
requests the benefit of the quota , the Member State                     be used .
concerned shall inform the Commission and draw an amount
corresponding to these requirements to the extent that the
                                                                         The Member States shall notify the Commission , not later
 available balance of the reserve so permits .                           than 15 May 1986 and 1 October 1986 respectively , of the
                                                                         total quantities of the products in question imported up to
                                                                         1 May 1986 and 15 September 1986 respectively and
                               Article 3                                 charged against the tariff quota and of any quantity of the
                                                                         initial shares returned to the reserve .
 1.     If 90% or more of a Member States' initial share as
specified in Article 2 ( 2 ), or 90% of that share minus the
portion returned to the corresponding reserve where Article 5
has been applied , has been used up , then , to the extent                                             Article 6
permitted by the amount of the reserve , that Member State
shall forthwith , by notifying the Commission , draw a second
share equal to 10% of its initial share , rounded up where               The Commission shall keep an account of the shares opened
necessary to the next unit .                                             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
 2.     If, after one of its initial shares has been used up , 90 %      which the reserves have been used up .
or more of the second share drawn by a Member State has
been used up , then that Member State shall , in accordance
                                                                         It shall inform the Member States , not later than 20 May
with the conditions laid down in paragraph 1 , draw a third
                                                                         1986 and 5 October 1986 respectively , of the amount in each
share equal to 5 % of its initial share , rounded up where
                                                                         reserve after quantities have been returned thereto pursuant
necessary to the next unit .                                             to Article 5 .
 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              It shall ensure that the drawing which exhausts any reserve
 used up , that Member State shall , in accordance with the              does not exceed the balance available and , to this end , shall
conditions laid down in paragraph 1 , draw a fourth share                notify the amount of that balance to the Member State
equal to the third .                                                     making the last drawing.
 ---pagebreak--- 31 . 12 . 85                             Official Journal of the European Communities                              No L 367 / 51
                           Article 7                                                           Article 8
1.     The Member States shall take every measure necessary         At the Commission's request , the Member States shall inform
to ensure ihat additional shares drawn pursuant to Article 3        it of imports of the products concerned actually charged
are opened in such a way that imports may be charged                against their shares .
without interruption against their accumulated shares of the
tariff quota .
                                                                                               Article 9
2.     The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .                                                           The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
3.     The Member States shall charge imports of the
products m question against their shares as and when the
products are entered with the customs authorities for free                                    Article 10
circulation .
                                                                    This Regulation shall enter into force on 1 January 1986 ,
4.     The extent to which a Member State has used up its           subject to the entry into force of the Treaty of Accession of
shares shall be determined on the basis of the imports charged      Spain and Portugal .
against shares under the conditions provided for in
paragraph 3 .                                                       It shall apply from 1 March 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                    For the Council
                                                                                      The President
                                                                                      R. STEICHEN