CELEX: 31986R4044
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4044/86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for tomatoes, cucumbers and aubergines, falling within heading No ex 07.01 of the Common Customs Tariff and originating in the Canary Islands (1987)

No L 377 / 8                              Official Journal of the European Communities                                    31 . 12 . 86
                                         COUNCIL REGULATION (EEC ) No 4044 / 86
                                                       of 22 December 1986
                 opening, allocating and providing for the administration of Community tariff quotas for
                 tomatoes, cucumbers and aubergines, falling within heading No ex 07.01 of the Common
                                   Customs Tariff and originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            on the basis of the relevant provisions of the Act of
                                                                     Accession ; whereas, when the said products are released
                                                                     for free circulation in the remainder of the customs
                                                                     territory of the Community , they qualify for the
Having regard to the Act of Accession of Spain and                   progressive reduction of customs duties according to the
Portugal ('), and in particular Article 4 of Protocol 2              same timetable and under the same conditions as those
annexed thereto ,                                                    provided for in Article 75 of the Act of Accession , provided
                                                                     that the reference prices are complied with; whereas, to
                                                                     qualify for the tariff quota, the products in question have
Having regard to the proposal from the Commission ,                  to comply with certain marking and labelling conditions
                                                                     designed to prove their origin ; whereas the tariff quotas in
Whereas the Treaty and the acts of the Institutions of the           question should therefore be opened for 1987 , with the
European Community apply to the Canary Islands                       validity of this Regulation being limited , however, to the
according to the conditions provided for in Article 25 of            period 1 January to 31 March 1987 , which precedes the
the Act of Accession and in Protocol 2 annexed to the                entry into force of the definitive tariff regime to be adopted
said Act ;                                                           in this field ; whereas , therefore , provision should be made
                                                                     for the quantities imported under this Regulation to be
                                                                     deducted from the quota volume amounts adopted under
Whereas according to Article 4 of Protocol 2 annexed                 the definitive regime;
to the Act of Accession , tomatoes , cucumbers , and
aubergines falling within heading No ex 07.01 of the
Common Customs Tariff and originating in the Canary                  Whereas it is in particular necessary to ensure for all
Islands qualify on the import into the customs territory of          Community importers equal and uninterrupted access to
the Community for reduced duties in the limits of annual             the abovementioned quotas and uninterrupted application
Community tariff quotas ; whereas , the quota volumes                of the rates laid down for these quotas to all imports of the
amount to :                                                          products concerned into all Member States until the quotas
                                                                     have been used up ; whereas , having regard to the principles
— 165 645 tonnes for tomatoes falling within subheading              mentioned above, the Community nature of the quotas can
    07.01 M ,                                                        be respected by allocating the Community tariff quotas
— 28 663 tonnes for cucumbers falling within subheading              among the Member States; whereas, in order to reflect as
    07.01 P I , and                                                  accurately as possible the true trend of the market in the
                                                                     products in question , such allocation should be in
— 3 819 tonnes for aubergines falling within subheading              proportion to the requirements of the Member States,
    07.01 T II ;                                                     calculated by reference to the statistics for imports of the
                                                                     products concerned originating in the Canary Islands over
                                                                     a representative reference period and also to the economic
Whereas , when the said products are imported into that              outlook for the quota period in question ;
part of Spain which is included in the customs territory of
the Community , they qualify for exemption from customs
duties and are not subject to compliance with the reference          Whereas, during the last three years for which statistics are
price; whereas , when the said products are imported into            available, imports into each of the Member States were as
Portugal , the quota duties applicable are to be calculated          follows :
H OJ No L 302 , 15 . 11 . 1985 , p. 23 .
 ---pagebreak--- 31 . 12 . 86                             Official Journal of the European Communities                                     No L 377 / 9
                                                                                                                              (in tonnes)
                                                 — 07.01 M —                    — 07.01 P I —                   — 07.01 T II —
                                                    tomatoes                      cucumbers                        aubergines
              Member States
                                          1983        1984     1985      1983        1984       1985       1983       1984       1985
 Benelux                                 50 379      56 131  75 188      6 567      13 515      6 000     1 347      2 702      2 352
 Denmark                                      70          35   3 605         51         86      1 987                               57
 Germany                                  3 009       2 449  37 302        260         313     2 492        108        104      1 295
 Greece
                                             average of      15 430         average of               5       average of
 Spain                                         16 858                           217                             445
                                                                                                                                  174
 France                                     773         582    7 770          7           8       345        43         37        454
 Ireland                                      24          39      21          2           6          2
 Italy
 Portugal
 United Kingdom                          90 748    100 701   90 063     16 942      18 930    11 255      1 226      1 501      1 425
Whereas in the last three years the products in question             reserve ; whereas this must be done by each member State
were imported regularly only by certain Member States and            as and when each of its additional shares is almost used up ,
not at all or only occasionally by the other Member States ;         and repeated as many times as the reserve allows ; whereas
whereas , under these circumstances , in the first phase ,           the initial and additional shares must be valid until the end
initial shares should be allocated to the genuine importing          of the quota period ; whereas this method of administration
Member States and the other Member States should be                  requires close cooperation between the Member States and
guaranteed access to the benefit of the tariff quotas when           the Commission and the latter must be in a position to
imports actually take place in the latter; whereas these             monitor the extent to which the quota amounts have been
arrangements for allocation will equally ensure the uniform          used up and to inform Member States thereof;
application of the Common Customs tariff;
                                                                     Whereas , since the Kingdom of Belgium , the Kingdom of
Whereas , in order to take into account import trends for            the Netherlands and the Grand Duchy of Luxembourg are
the products concerned in the various Member States , each           united within and jointly represented by the Benelux
quota should be divided into two instalments , the first             Economic        Union,    any     operation   relating    to    the
being shared among certain Member States and the second              administration of the quota shares allocated to that
constituting a reserve to cover the subsequent requirements          economic union may be carried out by any of its
of these Member States where they have used up their                 members ,
initial shares and any additional requirements which might
arise in the other Member States ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas , in order to give importers in each Member State a
certain degree of security , the first instalment of the
Community quotas should , under the circumstances , be
fixed at 80 % respectively of the quota volumes ;
                                                                                                  Article 1
Whereas , the Member States initial shares may be used up            1 . (a ) From 1 January to 31 March 1987 on import into
at different times ; whereas , in order to take this fact into                the Community the duties of the Common Customs
account and avoid any break in continuity , any Member                        Tariff applicable for the following products shall be
State which has almost used up its initial quota shares                       suspended at the levels and within the limits of
should draw an additional share from the corresponding                        Community tariff quotas as follows :
 ---pagebreak---   No L 377 / 10                                Official Journal of the European Communities                                            31 . 12 . 86
                              CCT
                                                                                                   Quota
         Order No            heading                           Description                        volumes
                                                                                                                          Quota duties
                               No
         09.0417         07.01 M           Tomatoes , originating in the Canary Islands          165 646      — From             4,4% ,     subject
                                                                                                                  1 January      to a minium of
                                                                                                                  to the end     0,8 ECU per
                                                                                                                  of             100 kg net
                                                                                                                  February
                                                                                                              — From             8,8 % ,    subject
                                                                                                                  1    March     to a minimum of
                                                                                                                  to             1,6 ECU per
                                                                                                                  31 March       100 kg net
         09.0419         07.01 P I         Cucumbers , originating in the Canary Islands           28 663                             12,8 %
         09.0421         07.01 T II        Aubergines , originating in the Canary Islands           3 819                             12,8 %
       ( b ) Where the said products are imported into that part              annual quota volume amounts adopted under the definitive
              of Spain which is included in the customs territory             tariff regime which will come into force on 1 April 1987 .
              of the Community , they shall qualify for exemption
              from customs duties and are not subject to
              compliance with the reference price .
       ( c) Within the limits of these tariff quotas , the                                                 Article 2
              Portuguese Republic shall apply customs duties
              calculated according to the relevant provisions of              1 . The tariff quotas laid down in Article 1 shall be divided
              the Act of Accession and the Regulations relating               into two instalments .
              thereto .
                                                                               2 . A first instalment of each tariff quota shall be allocated
                                                                               among certain Member States; the respective shares which
  2 . On import , the said products shall be subject to                       shall be valid until 31 March 1987 shall amount to the
 compliance with the reference prices on the same terms as
                                                                              quantities indicated below:
  the same products coming from the part of Spain included
  in the customs territory of the Community .                                  ( a) tomatoes of subheading 07.01 M :-
                                                                                    Benelux                                      41 470 tonnes ,
                                                                                    Germany                                        2 000 tonnes ,
 3 . ( a ) Without prejudice to the other provisions applicable                     Spain                                        13 530 tonnes ,
             as regards quality standards , products covered by                     France                                            720 tonnes ,
             this Regulation cannot qualify under the tariff                        United Kingdom                               74 780 tonnes ;
             quotas unless , when they are presented to the                   ( b ) cucumbers of subheading 07.01 P I :
             authorities responsible for the import formalities for
                                                                                    Benelux                                        8 640   tonnes ,
             the purposes of release into free circulation in the
                                                                                    Denmark                                            50  tonnes ,
             customs territory of the Community , they are
             presented in packaging which bears the words                           Germany                                          210   tonnes ,
             'Canary Islands', or the equivalent thereof in                         Spain                                             190  tonnes ,
             another official Community language , in a clearly                     United Kingdom                               14 020    tonnes ;
             visible and perfectly legible form .                             ( c) Aubergines of subheading 07.01 T II :
      ( b ) The third and fourth subparagraphs of Article 9 of                      Benelux                                        1 520   tonnes ,
             Council Regulation (EEC ) No 1035 / 72 of 18 May                       Germany                                            75  tonnes ,
             1972 on the common organization of the market in                       Spain                                            350   tonnes ,
             fruit and vegetables ( J ), as last amended by                         France                                             65  tonnes ,
             Regulation (EEC ) No 1351 / 86 ( 2 ), shall not apply                  United Kingdom                                 1 040 tonnes .
             to products covered by this Regulation .
                                                                              3 . The second          instalment     of    each    quota ,    i. e.
                                                                              respectively:
4 . The quantities imported under the tariff quotas
referred to in paragraph 1 shall be deducted from the                         — 33 145 tonnes for tomatoes of subheading 07.01 M,
                                                                              — 5 733 tonnes for cucumbers of subheading 07.01 P I ,
                                                                                    and
H OJ No L 118 , 20 . 5 . 1972 , p. 1 .                                        — 769 tonnes for aubergines of subheading of 07.01 T II
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p. 46 .                                          shall constitute the corresponding Community reserve.
 ---pagebreak--- 31 . 12 . 86                                Official Journal of the European Communities                                  No L 377 / 11
4 . If an importer notifies the imminent import of the                                              Article 5
product in question into the other Member States and
requests the benefit of the quota , the Member State                   The Commission shall keep an account of the shares
concerned shall inform the Commission and draw an                      opened by the Member States pursuant to Articles 2 and 3
amount corresponding to these requirements to the extent                and , as soon as it is notified , shall inform each State of the
that the available balance of the reserve so permits .                 extent to which the reserves have been used up .
                                                                       It shall ensure that the drawing which exhausts any reserve
                                                                       does not exceed the balance available and, to this end, shall
                            Article 3                                  notify the amount of that balance to the Member State
                                                                       making the last drawing.
1.   If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2 ) has been used up , then , to the
extent permitted by the amount of the reserve, that                                                 Article 6
Member State shall forthwith , by notifying the
Commission , draw a second share equal to 10 % of its                   1 . The Member States shall take every measure necessary
initial share , rounded up where necessary to the next                 to ensure that additional shares drawn pursuant to
unit .                                                                 Article 3 are opened in such a way that imports may be
                                                                       charged without interruption against their accumulated
                                                                       shares of the tariff quota .
2 . If, after one of its initial shares has been used up , 90 %
or more of the second share drawn by a Member State has                2 . The Member States shall ensure that importers of the
been used up , then that Member State shall , in accordance            products in question have free access to the shares allocated
with the conditions laid down in paragraph 1 , draw a third            to them .
share equal to 5 % of its initial share , rounded up where
necessary to the next unit .                                           3 . Member States shall charge imports of the products in
                                                                       question against their shares as and when the products are
                                                                       entered with the customs authorities for free circulation .
3 . If, after one of its second shares has been used up ,
90 % or more of the third share drawn by a Member State                The extent to which a Member State has used up its shares
has been used up , that Member State shall , in accordance             shall be determined on the basis of the imports charged
with the conditions laid down in paragraph 1 , draw a                  against shares under the conditions provided for in
fourth share equal to the third .                                      paragraph 3 .
                                                                                                   Article 7
This process shall continue until the reserve is used up .
                                                                       At the Commission's request , the Member States shall
4 . By way of derogation from paragraphs 1 , 2 and 3 , a               inform it of imports of the products concerned actually
Member State may draw shares smaller than those fixed in               charged against their shares .
those paragraphs if there is reason to believe that they
might not be used up . It shall inform the Commission of its                                       Article 8
reasons for applying this paragraph .
                                                                       The Member States and the Commission shall cooperate
                                                                       closely to ensure that this Regulation is complied with .
                            Article 4
                                                                                                   Article 9
The additional shares drawn pursuant to Article 3 shall be
valid until 31 March 1987 .                                            This Regulation shall enter into force on 1 January 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 22 December 1986 .
                                                                                              For the Council
                                                                                               The President
                                                                                                 G. SHAW