CELEX: 31985R3810
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3810/85 of 20 December 1985 opening, allocating and providing for the administration of Community tariff quotas for fresh flowers falling within subheading 06.03 A of the Common Customs Tariff and originating in the Canary Islands (1986)

No L 367 / 60                               Official Journal of the European Communities                                    31 . 12 . 85
                                           COUNCIL REGULATION ( EEC ) No 3810 / 85
                                                         of 20 December 1985
                   opening, allocating and providing for the administration of Community tariff quotas for fresh
                   flowers falling within subheading 06.03 A of the Common Customs Tariff and originating in
                                                       the Canary Islands ( 1986 )
 i HE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            the Canary Islands over a representative reference period and
                                                                       also to the economic outlook for the quota period in
                                                                       question ;
! laving regard to the Act of Accession of Spain and
Portugal (*), and in particular Article 4 of Protocol No 2
annexed hereto ,                                                       Whereas , during the last three years for which statistics are
                                                                       available, the corresponding imports into each of the
                                                                       Member States represent the following percentages of the
Having regard to the proposal from the Commission ,                    imports into the Community of the products in question
                                                                       originating in the Canary Islands :
Whereas according to Article 4 of Protocol No 2 and Article            — Roses ,       carnations ,     orchids ,     gladioli       and
 10 of Protocol No 3 annexed to the Act of Accession fresh                 chrysanthemums :
flowers falling within subheading 06.03 A of the Common
Customs Tariff , originating in the Canary Islands , may be
                                                                                      Member States             1982     1983     1984
imported into the Community within the limits of
Community tariff quotas at reduced duties ; whereas the
quota volumes amount for roses , carnations , orchids ,                    Benelux                                6,4     6,2      5,9
gladioli and chrysanthemums to 85 460 000 pieces and for                   Denmark                                -       -        -
the other flowers to 597 tonnes ; whereas for 1986 the duties                                                   36,6     36,6     25,2
                                                                           Germany
so be applied in the limits of these tariff quotas are equal to            Greece                                 -       -         -
87,5% of the duties of the Common Customs Tariff;
whereas , however , when the products in question are                      Spain                                46,5    43,0      61,5
imported into that part of Spain which is included in the                  France                                 4,4     3,7      1,1
customs territory of the Community they will qualify for                   Ireland                                -       -         -
exemption from customs duties ;                                            Italy                                  0,3     0,9      0,4
                                                                           Portugal                               -       -        -
                                                                           United Kingdom                         5,8     9,6      5,9
Whereas when the products are imported into 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
                                                                           Other flowers :
comply with certain marking and labelling conditions to
prove their origin ; whereas according to the abovementioned
Article 4 the tariff measure provided for only takes effect                            Member States             1982    1983     1984
from 1 March 1986 ; whereas these Community tariff
quotas should be opened for the period from 1 March to
                                                                           Benelux                              37,4     44,2     25,2
31 December 1986 ;
                                                                           Denmark                                -        -        -
                                                                           Germany                                9,7    14,0      7,1
Whereas it is in particular necessary to ensure for all                    Greece                                 -        -        -
Community importers equal and uninterrupted access to the                  Spain                                 51,8    40,1     66,9
 abovementioned quotas and uninterrupted application of the
                                                                           France                                 0,3     0,6       -
 rates laid down for these quotas to all imports of the products
concerned into all Member States until the quotas have been                Ireland                                -        -        -
 used up ; whereas , having regard to the principles mentioned             Italy                                  0,8      1,1     0,8
 above , the Community nature of the quotas can be respected               Portugal                               -        -        -
 by allocating the Community tariff quotas among the                        United Kingdom                         -       -        -
 Member States ; whereas , in order to reflect as accurately as
 possible the true trend of the market in the products in
 question , such allocation should be in proportion to the
 requirements of the Member States calculated by reference to           Whereas , in view of these factors and of the foreseeable
 the statistics for imports of the said products originating in         market trends of the products in questions initial shares of the
                                                                        quota volumes may be fixed in a first phase approximately at
 ') OJ No L 302 , 15 . 11 . 1985 , p. 23 .                              the following percentage:
 ---pagebreak--- 31 . 12 . 85                                  Official Journal of the European Communities                                     No L 367 / 61
                                    Roses , carnations ,                 adopt before accession the measures referred to in Article 4 of
                                                            Other
           Member States           orchids , gladioli and                Protocol No 2 annexed to the Act of Accession ,
                                                           flowers
                                     chrysanthemums
Benelux                                      6,0              33
Denmark                                      0,1               1
                                                                         HAS ADOPTED THIS REGULATION :
Germany                                     31,0
Greece                                       0,1               1
                                                                                                     Article 1
Spain                                       52,6              51
France                                       2,6                1
                                                                         1.      From 1 March until 31 December 1986 Community
Ireland                                      0,1                1
                                                                         tariff quotas shall be opened within the indicated limits in the
Italy                                        0,5               1         Community for the following products originating in the
Portugal                                     0,1                1
                                                                         Canary Islands :
United Kingdom                               6,9                1
                                                                               CCT
                                                                                                                                    Quota
                                                                              heading                Description                   volumes
                                                                                No
                                                                              06.03      Cut flowers and flower buds of a
                                                                                         kind suitable for bouquets or tor
Whereas , in order to take into account import trends for the                            ornamental purposes , fresh , dried ,
products concerned in the various Member States , each                                   dyed , bleached, impregnated or
quota should be divided into two instalments , the first being                           otherwise prepared :
shared among the Member States and the second constituting                               ex A. Fresh :
a reserve to cover at a later date the requirements of the                                      — Roses , carnations ,
Member States which have used up their initial quota shares ;                                      orchids , gladioli , and     85 460 000
whereas , in order to give importers in each Member State a                                        chrysanthemums                   pieces
certain degree of security , the first instalment of the                                 ex A. Fresh :
Community quotas should , under the circumstances , be                                          — Other flowers                  597 tonnes
fixed at 80% respectively of the quota volumes ;
Whereas , the Member States' initial shares may be used up at
different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota shares should           2.      Within the limits of these tariff quotas the following
draw an additional share from the corresponding reserve ;                quota duties shall apply to these products
whereas this must be done by each Member State as and
when each of its additional shares is almost use up , and                — from 1 March to 31 May :                                   14,8% ,
repeated as many time > as the reserve allows ; whereas the              — from 1 June to 31 October :                                21,0% ,
initial and additional shares must be valid until the end of the
quota period ; whereas this method of administration                     — from 1 November to 31 December :                           14,8% .
requires close cooperation between the Member States and
the Commission and the latter must be in a position to                   The products qualify , however , within the limits of these
monitor the extent to which the quota amounts have been                  tariff quotas for exemption from customs duties when they
used up and to inform Member States thereof;                             are imported into that part of Spain which is included in the
                                                                         customs territory of the Community .
Whereas , if, at a given date in the quota period , a substantial
 quantity remains unused in any Member State , it is essential           Within the limits of these tariff quotas , Portugal shall apply
that that Member State should return a significant                       customs duties calculated according to the provisions in
proportion to the corresponding reserve to prevent a part of             question of the Act of Accession and the Regulations relating
 any tariff quota from remaining unused in one Member State              thereto .
when it could be used in others ;
                                                                          3.     Without prejudice to the provisions applicable as
Whereas , since the Kingdom of Belgium , the Kingdom of the              regards quality standards , products covered by this
 Netherla nds and the Grand Duchy of Luxembourg are united                Regulation cannot qualify under the tariff quotas unless , at
 within and jointly represented by the Benelux Economic                  the time of their presentation to the authorities responsible
 LJnion , any operation relating to the administration of the             for the import formalities for the purposes of release into free
 quota shares allocated to that economic union may be carried            circulation in the customs territory of the Community , they
 out by any of its members ;                                              are presented in packaging which bears the words 'Canary
                                                                          Islands', or the equivalent thereof in another official
 Whereas pursuant to Article 2 ( 3 ) of the Act of Accession of           Community language , in a clearly visible and perfectly legible
 Spain and Portugal the institutions of the Community may                 form .
 ---pagebreak--- No L 367 / 62                                       Official Journal of the European Communities                                     31 . 12 . 85
I he words used on the packaging to indicate the origin must                   4.     By way of derogation from paragraphs 1 , 2 and 3 , a
be 'Canary Islands' or the equivalent thereof in another                       Member State may draw shares smaller than those fixed in
official Community language .                                                  those paragraphs if there is reason to believe that they might
                                                                               not be used up . It shall inform the Commission of its reasons
                                                                               for applying this paragraph .
                              Article 2
1.     The tariff quotas laid down in Article 1 shall be divided
into two instalments .                                                                                      Article 4
2.     A first instalment of each Community tariff quota
mentioned in Article 1 shall be shared among the Member                        The additional shares drawn pursuant to Article 3 shall be
                                                                               valid until 31 December 1986 .
States ; the shares , which , subject to Article 5 , shall be valid
until 31 December 1986 , shall be as follows :
                                   - ex 06.03 A -
                                                                                                             Article 5
                                  roses , carnations ,    - ex 06.03 A -
          Member States
                                   gladioli , orchids            other
                                           and                  flowers
                                                                               The Member States shall return to the reserve , not later than
                                  chrysanthemums             ( in tonnes )
                                      ( in pieces ;                            1 October 1986 such unused portion of their initial share as ,
                                                                               on 15 September 1986 , is in excess of 20% of the initial
Benelux                               4 100 000                   158          volume . They may return a larger quantity if there are
Denmark                                    70 000      '             5
                                                                               grounds for believing that this quantity may not be used .
Germany                              21 200 000                    43
                                                                               The Member States shall notify the Commission , not later
Greece                                     70 000                    5
                                                                               than 1 October 1986 of the total quantities of theproducts in
Spain                                35 980 000                   244
                                                                               question imported up to 15 September 1986 and charged
France                                1 780 000                      5         against the tariff quota and of any quantity of the initial
Ireland                                    70 000                    5         shares returned to the reserve .
Italy                                     340 000                    5
Portugal                                   70 000                    5
United Kingdom                        4 720 000                      5                                       Article 6
                                                                               The Commission shall keep an account of the shares opened
                                                                               by the Member States pursuant to Articles 2 and 3 and , as
3.     The second intalment of each quota , i.e. 17 060 000                    soon as it is notified , shall inform each State of the extent to
pieces and 117 tonnes respectively , shall constitute the                      which the reserves have been used up .
corresponding reserves .
                                                                               It shall inform the Member States , not later than 5 October
                                                                                1 986 of the amount in each reserve after quantities have been
                              Article 3
                                                                               returned thereto pursuant to Article 5 .
1.     If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2 ), or 90% of that share minus the                   It shall ensure that the drawing which exhausts any reserve
portion returned to the corresponding reserve where Article 5                  does not exceed the balance available and , to this end , shall
has been applied , has been used up , then , to the extent                     notify the amount of that balance to the Member State
permitted by the amount of the reserve , that Member State                     making the last drawing .
shall forthwith , by notifying the Commission , draw a second
share equal to 10% of its initial share , rounded up where
nccessary to the next unit .                                                                                 Article 7
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                         1.    The Member States shall take all measures necessary to
been used up , then that Member State shall , in accordance                    ensure that additional shares drawn pursuant to Article 3 are
with the conditions laid down in paragraph 1 , draw a third                    opened in such a way that imports may be charged without
share equal to 5 % of its initial share , rounded up where                     interruption against their accumulated shares of the tariff
necessary to the next unit .                                                   quota .
3.     If, after one of its second shares has been used up , 90 %
                                                                               2.     The Member States shall ensure that importers of the
or more of the third share drawn by a Member State has been
                                                                               products in question have free access to the shares allocated
used up , that Member State shall , in accordance writh the                    to them .
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
                                                                               3.     The Member States shall charge the imports of the
This process shall continue until the reserve is used up .                     products concerned against their shares as and when the
 ---pagebreak--- 31 . 12 . 8.S                            Official Journal of the European Communities                                No L 367 / 63
products are entered with customs authorities for free                                          Article 9
circulation .
                                                                    The Member States and the Commission shall cooperate
4.     The extent to which a Member States has used up its          closely to ensure that this Regulation is complied with .
share shall be determined on the basis of the imports charged
in accordance with paragraph 3 .
                                                                                               Article 10
                           Article 8                                This Regulation shall enter into force on 1 January 1986 ,
                                                                    subject to the entry into force of the Act of Accession of Spain
At the Commission's request , the Member States shall inform        and Portugal .
it of imports of the products concerned actually charged
against their shares .                                              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