CELEX: 31986R4048
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4048/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain live plants falling within subheadings ex 06.01 A, 06.02 A II and ex 06.02 D of the Common Customs Tariff and originating in the Canary Islands (1987)

No L 377 / 24                              Official Journal of the European Communities                                   31 . 12 . 86
                                           COUNCIL REGULATION (EEC ) No 4048 / 86
                                                         of 22 December 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                  certain live plants falling within subheadings ex 06.01 A, 06 . 02 A II and ex 06.02 D of the
                               Common Customs Tariff and originating in the Canary Islands ( 1987)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              the abovementioned quota and uninterrupted application
                                                                        of the rate laid down for that quota to all imports of the
                                                                       products concerned into all Member States until the quota
                                                                       has been used up ; whereas , having regard to the principles
 Having regard to the Act of Accession of Spain and                    mentioned above, the Community nature of the quota can
 Portugal (*), and in particular Article 4 of Protocol No 2            be respected by allocating the Community tariff quota
 annexed thereto ,                                                     among the Member States ; whereas , to reflect as accurately
                                                                       as possible the true trend of the market of the products in
                                                                       question , such allocation should be in proportion to the
 Having regard to the proposal from the Commission ,                   requirements of the Member States calculated by reference
                                                                       to the statistics of imports of the said products originating
                                                                       in the Canary Islands over a representative period and also
                                                                       to the economic outlook for the quota period concerned ;
 Whereas the Treaty and the acts of the Institutions of the
 European Communities apply to the Canary Islands
 according to the conditions provided for in Article 25 of
 the Act of Accession and in Protocol No 2 annexed to the              Whereas , during the last three years for which statistics are
 said Act ;                                                            available , the corresponding imports by each of the
                                                                       Member States represent the following percentages of the
                                                                       imports into the Community, of the products concerned ,
Whereas , pursuant to Article 4 of Protocol No 2 annexed               originating in the Canary Islands :
to the Act of Accession , certain live plants falling within
subheadings ex 06.01 A , 06.02 A II and ex 06.02 D of the
Common Customs Tariff, originating in the Canary                                  Member States           1983      1984        1985
Islands , may be imported into the Community within the
limits of a Community tariff quota at reduced duties;                  Benelux                             8,6      10,7         3,2
whereas the quota volume amounts to 3 446 tonnes;                      Denmark                             0,3       0 1         0,1
whereas for 1987 the duties to be applied within the limits            Germany                             4.2       4,5         4,9
of the tariff quota are equal to 75 % of the duties of the             Greece
Common Customs Tariff; whereas , however , when the                    Spain                             78,5       77,2        86,6
products in question are imported into that part of Spain              France                              0,4       0,4         0,6
which is included in the customs territory of the                      Ireland
Community they shall qualify for exemption from customs                Italy                               0,7       1,7         0,7
duties ; whereas , when the products are imported into                 Portugal
                                                                       United Kingdom                      7.3       5,4         3,9
Portugal , the quota duties applicable must be calculated on
the basis of the provisions referred to in the Act of
Accession ; whereas , to benefit from the tariff quota , the
products in question must comply with certain marking
and labelling conditions designed to prove their origin ;             Whereas , in view of these factors , and of market forecasts
whereas , this Community tariff quota should be opened for            for the products in question , the initial quota shares may in
1987 , with the validity of this Regulation being limited ,           a first phase be fixed approximately at the following
however , to the period 1 January to 31 March 1987 , which            percentages :
precedes the entry into force of the definitive tariff regime
to be adopted in this field ; whereas , therefore , provision
should be made for the quantities imported under this                         Benelux                                     8,9 ,
Regulation to be deducted from the quota volume amounts                       Denmark                                     0,1 ,
adopted under the definitive regime ;                                         Germany                                     3,2 ,
                                                                              Greece                                      0,1 ,
                                                                              Spain                                      78,9 ,
Whereas it is in particular necessary to ensure to all                        France                                      0,4 ,
Community importers equal and uninterrupted access to                         Ireland                                     0,1 ,
                                                                              Italy                                       1,4 ,
                                                                              Portugal                                    0,1 ,
O ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .                                    United Kingdom                              6,8.
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                                  No L 377 / 25
Whereas , in order to take into account import trends for                   Whereas, since the Kingdom of Belgium , the Kingdom of
the products concerned in the various Member States , the                   the Netherlands and the Grand Duchy of Luxembourg are
quota volume should be divided into two instalments , the                   united within and jointly represented by the Benelux
first being shared among the Member States and the second                   Economic Union , any operation concerning the
constituting a reserve to cover at a later date the                         administration of the quota shares allocated to that
requirements of those Member States having used up their                    economic union may be carried out by any of its
initial quota shares ; whereas , in order to give importers in              members ,
each Member State a certain degree of security , the first
instalment of the Community quota should under present
circumstances be fixed at 80 % of the quota ;
Whereas the Member States' initial shares may be used up
at different times; whereas , in order to take this fact into               HAS ADOPTED THIS REGULATION :
account and avoid any break in continuity , any Member
State which has almost used up its initial share should draw
an additional share from the reserve ; whereas this must be
done by each Member State as and when each of its
additional shares is almost used up , and repeated as many
times as the reserve allows ; whereas the initial and                                                 Article 1
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires                     1 . From 1 January to 31 March 1987 on import into the
close cooperation between the Member States and the                         Community the customs duties applicable for the following
Commission , and the latter must be in a position to                        products originating in the Canary Islands shall be
monitor the extent to which the quota volume has been                       suspended at the levels and within the limits of a
used up and to inform the Member States thereof;                            Community tariff quota of 3 446 tonnes as follows :
                    CCT
      Order                                                                                                     NIMEXE
       No
                  heading                                         Description                                             Rate of duty
                                                                                                                   code
                     No
    09.0429        06.01     Bulbs , tubers , tuberous roots corms , crowns and rhizomes , dormant, in
                             growth or in flower :
                             ex A. Dormant :
               l                     — Other than hyacinths, narcissi , tulips and gladioli                     06.02-19    6    %
                   06.02     Other live plants, including trees, shrubs, bushes, roots , cuttings and slips:
                                  A. Unrooted cuttings and slips :                                            I
               l                     II . Other                                                                 06.02-19    6    %
               l             ex D. Other :                                                                    l
               l                     — Roses ( all the species Rosa ), neither budded nor grafted:            ll
               \                          — With stock of a diameter of 10 mm or less                           06.02-61    9,7 %
               \                          — Other                                                               06.02-65    9,7 %
               I                     — Other than mycelium ( spawn of mushrooms and other edible
                                          fungi), rhododendrons , azaleas, vegetable and strawberry plants:   I
               \                          — Outdoor plants :                                                  \
               I                             — Trees , shrubs and bushes other than fruit trees and bushes
                                                  and forest trees:                                           I
               I                                  — Rooted cuttings and growing plants                          06.0^-81    9,7 %
               I                                  — Other                                                       06.02-83    9,7 %
                                             — Other :                                                        l
                                                  — Perennial plants                                            06.02-92    9,7 %
                                             — Other                                                            06.02-93    9,7 %
                                          — Indoor plants :                                                   \
                                             — Rooted cuttings and growing plants, excluding cacti              06.02-94    9,7 %
               \                             — Other than flowering plants with buds or flowers ,
                                                  excluding cacti                                               06.02-99    9,7 %
 ---pagebreak--- No L 377 / 26                            Official Journal of the European Communities                                 31 . 12 . 86
The products qualify , however, within the limits of this           2 . If, after its initial share has been used up , 90 % or
tariff quota for exemption from customs duties when they            more of the second share drawn by a Member State has
are imported into that part of Spain which is included in           been used up , that Member State shall , in accordance with
the customs territory of the Community .                            the conditions laid down in paragraph 1 , draw a third
                                                                    share equal to 7,5 % of its initial share, rounded up where
Within the limits of this tariff quota the Portuguese               necessary to the next unit.
Republic applies customs duties calculated according to the
relevant provisions of the Act of Accession and the                 3 . If, after its second share has been used up , 90 % or
Regulations relating thereto .                                      more of the third share drawn by a Member State has been
                                                                    used up , that Member State shall, in accordance with the
                                                                    same conditions , draw a fourth share equal to the third .
2 . Without prejudice to the provisions applicable as
regards quality standards, products covered by this
Regulation cannot qualify under the tariff quota unless,            This process shall continue until the reserve is used up .
when they are presented to the authorities responsible for
the import formalities for the purposes of release into free
circulation in the customs territory of the Community, they         4 . By way of derogation from paragraphs 1 , 2 and 3 , a
are presented in packaging which bears the words 'Canary            Member State may draw shares smaller than those fixed in
Islands', or the equivalent thereof in another official             those paragraphs if there is reason to believe that these
Community language, in a clearly visible and perfectly              might not be used up . It shall inform the Commission of its
legible form .                                                      reasons for applying this paragraph .
The quantities imported under the tariff quotas referred to
in paragraph 1 shall be deducted from the annual quota
volume amounts adopted under the definitive tariff regime                                       Article 4
which will come into force on 1 April 1987 .
                                                                    Each of the additional shares drawn pursuant to Article 3
                                                                    shall be valid until 31 March 1987 .
                           Article 2
1 . A first instalment amounting to 2 750 tonnes of the                                         Article 5
Community tariff quota referred to in Article 1 shall be
allocated among the Member States ; the respective shares            The Commission shall keep an account of the shares
which shall be valid until 31 March 1987 shall be as                opened by Member States in accordance with Articles 2
follows :                                                            and 3 and shall , as soon as it is notified , inform each
                                                                    Member State of the extent to which the reserve has been
                                                  (tonnes)           used up .
        Benelux                                     244 ,
        Denmark                                       3,            It shall ensure that the drawing which exhausts the reserve
        Germany                                      88 ,           does not exceed the balance available, and to this end shall
        Greece                                        3,             notify the amount of that balance to the Member State
        Spain                                    2 172 ,             making the last drawing.
        France                                       10 ,
        Ireland                                       3,
        Italy                                        40 ,
        Portugal                                      3,
        United Kingdom                              187 .                                       Article 6
2 . The second instalment of 696 tonnes shall constitute
                                                                     1 . The Member States shall take every measure necessary
the reserve .
                                                                    to ensure that additional shares drawn pursuant to
                                                                    Article 3 are opened in such a way that imports may be
                                                                    charged without interruption against their accumulated
                                                                    shares of the Community quota .
                           Article 3
                                                                     2 . The Member States shall ensure that importers of the
1.   If 90 % or more of a Member State's initial share as           products in question have free access to the shares allocated
specified in Article 2 ( 1 ) has been used up , then, to the        to them .
extent permitted by the amount of the reserve , that
Member State shall forthwith , by notifying the
Commission , draw a second share equal to 15 % of its               3 . The Member States shall charge imports of the said
initial share , rounded up where necessary to the next              goods against their shares as and when the goods are
unit .                                                              entered with the customs authorities for free circulation .
 ---pagebreak--- 31 . 12 . 86                         Official Journal of the European Communities                            No L 377 / 27
4 . The extent to which a Member State has used up its                                  Article 8
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .                        The Member States and the Commission shall cooperate
                                                                closely in order to ensure compliance with this
                                                                Regulation.
                         Article 7
At the request of the Commission, Member States shall                                   Article 9
inform it of imports of the products concerned actually
charged against their shares.                                   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