CELEX: 51987PC0610
Language: en
Date: 1987-11-30
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, falling within Nos 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 (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 610
Vol. 1987/0292
 ---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
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
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informations classifiées de l'Union européenne.
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
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
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
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
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 ) 610 final
                                               Brussels , 30 November 1987
                                                                   i
                                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 , falling within Nos 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 ( 1988 )
                        ( submitted by the Commission )
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 ---pagebreak---                           EXPLANATORY MEMORANDUM
By virtue of Article A of Protocol 2 annexed to the       Act of Accession of
Spain and Portugal ,   beans , onions and sweet peppers falling within No 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 foh reductions in
customs duties within the      limits of annual Community I tariff quotas .
Calculated on the basis of the said Article A ,        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 :
                                                                 Жо
- 1 300 tonnes for beans falling within No ex 0708.20-10 orT0708 . 20-90
  of the Combined Nomenclature ;
- 8 000 tonnes for onions falling within No 0703.10-11 or 0703.10-19 of
  the Combined Nomenclature ;
- 16 605 tonnes for sweet peppers falling within No 0709.60-10 of the
  Combined Nomenclature .
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---                                  1 cont 'd -
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 1988 .
 ---pagebreak---                                       - 2 -
2. From the date on which the said 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  Harmonized  Commodity
   Description and Coding System .    This proposal must therefore take account
   of that fact by indicating the Combined Nomenclature cddes and ,        where
   appropriate , the TARIC code numbers of the products concerned .
3. The   Commission   is  aware  that   the  transposition   of  certain  tariff
   concessions from the Common Customs Tariff to the Combined Nomenclature
   might raise problems which would need to be settled between the parties
   concerned .    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
   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 .
5. As regards the method of administration to be applied by all Member
   States , the Commission proposes the " as and when " system .
6. This the the purpose of the attached proposal ;
 ---pagebreak---                                    Proposai for
                           COUNCIL REGULATION ( EEC ) No
                                   of
opening , allocating and providing for the administration of a Community tariff
quota for beans ( of the species Phaseolus ), onions and sweet peppers falling
within No 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 ( 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 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 No 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 reduced customs duties within the limits of ( annual )
Community tariff quotas ; whereas the quota volumes are as follows :
loj No L 302, 15.11.1985, p. 23.
 0J No L133, 22.5.1987, p . 5 .
 ---pagebreak---                                    - 1 cont 'd -
- 1   300 tonnes   for beans   falling within No ex 0708.20-10 or 0708.20-90
  of the Combined Nomenclature ;
- 8 000 tonnes for onions falling within No 0703.10-11 or 0703.10-19 of the
  Combined Nomenclature ; and
- 16 605 tonnes     for sweet   peppers falling within No 07.09.60-10 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 ;    whereas ,  where the said products are imported into
Portugal ,  the quota duties applicable are to be calculated in accordance with
 ---pagebreak---                                         - 2 -
the relevant provisions of the Act of Accession ;           whereas ,    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 ; whereas , to qualify for
the tariff quota ,    the products in question must comply with certain marking
and labelling conditions designed to prove their origin ;           whereas the tariff
quotas in question should therefore be opened for 1988 ;
Whereas ,   from the date on which the said quota is 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 proposal must take account of
that   fact   by   indicating   the   Combined   Nomenclature     codes     and ,    where
appropriate , the TARIC code numbers 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 imports of the products in question into all the 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 in question the allocation should reflect the requirements of the
Member States based on statistics of imports of the said products from the
Canary Islands during a representative reference period and on the economic
outlook for the quota period in question ;
 ---pagebreak---                                                             2 cont 'd
        Whereas ,      during the Last three years for which statistics are available ,
        imports into each of the Member States were as follows :
                               ΊΜ                                 1                         0709.60-10
                                                                                                sweet pepper»
                                 beam ( of thé specie» Phatêolu»)           oniona
            Member State
                                1984        1985         1986        1984   1985   1986  1984       1985      1986   ‘
                                 338          720         674          31  1 000     120 8 716     13 054     8 263
                                  -
                                                 2          -           -
                                                                                61    -
                                                                                              6     1 086        72
Denmark
                                  18           62           54         24     566    289   426      5 758       254
Germany
                                  “                                                         –
Greece
                                 723          627           -
                                                                    4 488 14 026           279         151       -
Spain
France
                                  -              -          -           -
                                                                                45    17    30           46        1
Ireland
                                  –              –                               “                     “
                                                                                                                   1
                                                 *          “
Italy
                                                            –                    –          –                    “
Portugal
                                 309          458         445         133  1 067   1 006 6 851      7 284     8 905
United Kingdom
 ---pagebreak---                                          - 3 -
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 those Member States ;
whereas    these   allocation    arrangements   will  equally   ensure  the  uniform
application of the Common Customs Tariff ;
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 allocated among certain Member States and the second held as a
reserve to cover any subsequent requirements of Member States which have used
up their initial shares and any requirements which might arise in the other
Member States ;     whereas , to afford importers in each Member State some degree
of certainty ,    an appropriate level for the first part of the tariff quotas
would ,   in the present circumstances ,     75% of the quota volume in the case of
                                                              «
beans and sweet peppers and 80% in the case of onions ;
Whereas the initial shares of the Member States may be used up at different
rates ;    whereas , in order to avoid any 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 additional share from the
corresponding reserve ;       whereas each time one of its additional shares is
almost used up a Member State should draw a further share and so on as many
times as the reserve allows ;         whereas each of the initial and additional
shares must be valid until the end of the quota period ;        whereas this form of
 ---pagebreak---                                   - 3 cont 'd
administration requires close cooperation between the Member States and the
Commission and the latter must be able to monitor the extent to which the
quota volumes have been used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity 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 one of the Community tariff
quotas 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 concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
 ---pagebreak---                                            - 4 -
HAS ADOPTED THIS REGULATION :
                                         Article 1
1.    From 1 January    to 31    December 1988 the customs        duties applicable to
      imports into the Community of the following products shall be suspended at
      the levels indicated and within the limits of          Community tariff quotas as
      shown below :
Serial     I   Combined     |     Description            ¡Amount of I Rate of duty
   No     I Nomenclature |                               j tariff     j      (%)
          I       No        I                            I quota
          I                 I                            I ( tonnes )
          I                 I                            I
          I                 |- Beans ( of the species    I             ¡-From 1 January
          I                 I  Phaseolus ), originating I              ¡j to 30 June : 9^4%
                                                                          subject to a
          I                 I  in the Canary Islands     I
09.0423   jex  07.08.20-101 – from 1 October to ) I                     I minimum of 1,4
          I                 I   30 June               ) I               ¡ ECU per 100 kg
          jex 07.08.20-90I – from 1 July to           ) I 1 300 ¡ net .
          I                 I   30 September          )  I
          I                 I                            I            ¡-From 1 July to
          I                 I                            I            ¡ 30 September :
          I                 I                            I            ¡ 12,3% subject to
                                                         I            I a minimum of 1^4
          I                 I                                         j ECU per 100 kg
          I                I                             I            I net .
          II               II                            I
                                                         I
           I                I                            I            ¡-From 1 October
           I                I                            I            I to 31 December :
           I
           I
                            I
                            I
                                                         I
                                                         I
                                                                      ¡I 9^4%  subject to
                                                                          a minimum of 1y4
           I                I                            I             ¡ ECU per 100 kg
           I                I                           I             I net .
           I               I - Onions                   I
09.0425    I 07.03.10-11   i - Sets )                   I
           I 07.03.10-19   I - Other )                  I     8 000   I        8^7%
           I               ¡originating in the Canary I
          I                ¡Islands                     I
          I                I
          I                I                            I
09.0427   I 07.09.60-10    I – Sweet peppers ,          I 16 605      I        4; 5%
          I                ¡originating in the Canary I
          ¡                ¡Islands                     I
          I                I                            I
 ---pagebreak---                                           - 5 -
2 . ( a ) 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 .
    ( b ) Within the limit of this tariff quota ,      the Portuguses Republic shall
          apply   customs   duties  calculated  in   accordance   with  the  relevant
          provisions of the Act of Accession and the Regulations relating thereto .
3 . ( a ) Without prejudice to the other provisions concerning quality standards ,
          products covered by this Regulation shall not qualify for the tariff
          quotas unless ,   when they are presented to the authorities responsible
          for the import formalities for release for free circulation in the
          customs territory of the Community,      they are presented in packagings
          which bear 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 paragraphs of Article 9 of Council Regulation ( EEC )
          No 1035 / 72 of 18 May 1972 on the common organization of the market in
                                 1                                                     2
          fruit and vegetables ,   as last amended by Regulation ( EEC ) No 1351 / 86,
          shall not apply to products covered by this Regulation .
loj No L 118, 20.5.1972, p. 1
  0J No L 119, 8.5.1986, p . 46
 ---pagebreak---                                      - 5 cont 'd -
                                       Article 2
1 . The tariff quotas referred to in Article 1 shall be divided into two parts ;
2.    The first part of each quota shall be allocated among certain Member
     States ;    the quota shares ,    valid until 31 December 1988 shall be as
     follows :
     ( a ) beans ( of the species Phaseolus ) falling within No ex 0708.20-10 or ex
           0708.20-90 of the Combined Nomenclature :
           Benelux                   240  tonnes ,
           Germany                    15  tonnes ,
           Spain                     610  tonnes ,
           United Kingdom            110  tonnes ;
     ( b ) onions    falling within No 0703.10-11 or 0703.10-19 of the Combined
           Nomenclature :
           Benelux                   340  tonnes ,
           Germany                   185  tonnes ,
           Spain                   5 770  tonnes ,
           United Kingdom            105  tonnes ;
 ---pagebreak---                                         - 6 -
   ( c ) sweet   peppers  falling  within    No 0709.60-10   of     the  Combined
         Nomenclature
         Benelux                6 110 tonnes ,
         Denmark                  235 tonnes ,
         Germany                1 310 tonnes ,
         Spain                    105 tonnes ,
         United Kingdom         4 690 tonnes .
3. The second part of each quota shall be as follows and shall constitute the
   corresponding Community reserve :
   - 325 tonnes of beans ( of the species Phaseolus ) falling within No ex
       0708.20-10 or ex 0708.20-90 of the Combined Nomenclature ;
   - 1 600 tonnes of onions falling within No 0703.10-11 or 0703.10-19 of the
       Combined Nomenclature ;
   - 4 155 tonnes of sweet peppers falling within No 07.09.60-10 of the
       Combined Nomenclature .
4. If an importer gives notification of imminent imports of       the products 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 its requirements to the extent that the available
   balance of the reserve so permits .
 ---pagebreak---                                  - 6 cont 'd -
                                   Article 3
1. If a Member State has used 90% or more of one of its initial shares as
   specified in Article 2(2 ), 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 quota shares has been used up , a Member State
   has used 90% or more of its second share as well ,         it shall forthwith ,
   using the procedure provided for in paragraph 1 and to the extent that the
   reserve so permits ,  draw a third share equal to 5% of the initial share ,
   rounded up where necessary to the next whole number .
3. If ,  after one of its second shares has been used up ,      a Member State has
   used 90% or more of its third share ,        it shall ,   using the procedure
   provided for in paragraph 1 , draw a fourth share equal to the third .
                                                       •>
   This process shall continue until the reserve is used up .
A. By way of derogation from paragraphs 1 ,    2 and 3,    Member States may draw
   smaller shares than those specified in the said paragraphs if there is
 ---pagebreak---                                        - 7 -
    reason to believe that the/ might not be used in full . Member States shall
    inform the Commission of their reasons for applying this paragraph .
                                   Article 4
Each of the additional shares drawn pursuant to Article 3 shall be valid until
31 December 1988 .
                                   Article 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which /   on 15 September 1988 ,    is in
excess of 20% of the initial volume .    They may return a greater portion if
there is reason to believe that it might not be used .
By 1 October 1988 at the latest Member States must notify the Commission of
the total quantities of the products concerned imported on or before 15
September 1988 and charged against the Community quotas and of any portion of
their initial shares that they are returning to each of the reserves .
                                   Article 6
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the extent
to which the reserves have been used up as soon as it has been notified .
 ---pagebreak---                                    - 7 cont 'd -
It shall inform the Member States not later than 5 October 1988 of 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
1.  Member  States   shall   take   all  appropriate measures  to  ensure  that
    additional drawings of shares pursuant to Article 3 enable imports to be
    charged without    interruption against their accumulated shares of the
    Community tariff quota .
2.  Member States shall ensure that importers of the products concerned have
    free access to the quota shares allocated to them .
3.  Member States shall charge imports of the products concerned against their
    shares as and when the goods are entered with the customs authorities for
    free circulation .
 ---pagebreak---                                       - 8 -
4.  The extent    to which a Member State has used up its shares shall be
    determined    on the  basis of   the  imports  charged in  accordance with
    paragraph 3 .
                                    Article 8
At the request of the Commission ,    Member States shall inform it of imports
actually charged against their quota shares .
                                    Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                   Article 10
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