CELEX: 51987PC0224
Language: en
Date: 1987-06-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for tomatoes, cucumbers and aubergines falling within heading ex 07.01 of the Common Customs Tariff and originating in the Canary Islands (1987)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for beans (of the species Phaseolus) onions and sweet peppers falling within heading ex 07.01 of the Common Customs Tariff and originating in the Canary Islands (1987)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for new potatoes falling within subheading 07.01 A II of the Common Customs Tariff and originating in the Canary Islands (1987)#Proposal for a COUNCIL REGULATION (EEC) 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)#Proposal for a COUNCIL REGULATION (EEC) 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 (1987)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I (A) 2 of the Common Customs Tariff and originating in the Canary Islands (1987)#Proposal for a COUNCIL REGULATION (EEC) establishing a Community supervision for the imports of certain agricultural products originating in the Canary Islands#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 224
Vol. 1987/0125
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  COM(87 > 224 final.
                                                                  Brussels , 3 June 1987
                                                  Proposal for a
                                           COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of Community tariff quotas
    for tomatoes , cucumbers and aubergines falling within heading ex 07.01 of the
            Common Customs Tariff and originating in the Canary Islands ( 1987 )
                                                 Proposal for a
                                           COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of Community tariff quotas
     for beans ( of the species Phaseolus ) onions and sweet peppers falling within
           heading ex 07.01 of the Common Customs Tariff and originating in the
                                              Canary Islands ( 1987 )
                                                  Proposal for a
                                           COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a Community tariff
       quota for new potatoes falling within subheading 07.01 A II of the Common
                 Customs Tariff and originating in the Canary Islands ( 1987 )
                                                 Proposal for a
                                           COUNCIL REGULATION ( EEC )
   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 )
                                                 Proposal for a
                                           COUNCIL REGULATION ( EEC )
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 ( 1987 )
                                                 Proposal for a
                                           COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration of a Community
  tariff quota for fresh table grapes falling within subheading ex 08.04 A I ( A ) 2
       of the Common Customs Tariff and originating in the Canary Islands ( 1987 )
                                                 Proposal for a
                                           COUNCIL REGULATION ( EEC )
    establishing                          supervision for the imports of certain agricultural
                                          originating
                          products originating
                          products                        in the Canary Islands
                ^
                                    (presented        by the Commission )
               final \ ^
COM ( 87 ) 224\$>nal
                \ o              *    \
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
1.      By Regulations ( EEC ) Nos . 4044/86, 4045 / 86, 4046 /86, 4047 / 86 and 4043 /86 ( 1 )
       of 22 December 1986 , as amended by Regulation ( EEC ) r.'o . .3'lA... /87 of
       30 . tflarcb . 1987(2 ) the Council opened and allocated among the Member States ,
       Community tariff quotas for certain agricultural products originating
        in the Canary Islands . The validity of these Regulations has been
        limited for the period of 1 January to 31 fiay , preceaing the entry into
         force of the final system decided , by the Council on 21 October 1986 .
        The proposed Council Regulation implementing the abovementioned Council
        Decision provides , in particular , for the following adjustments to the
        system applicable to the Canary Islands , which is foreseen in Article
       4 of Protocolo No 2 in the Act of Accession of 1985 :
                                             Previous     New          Allocating of
             Description
                                              Volume     Volume        the increase
07.01 M              Tomatoes              165 645 t   173 000 t    50 ï to Spain
                                                                    50 %  to the reserve
ex 07.01 H          Onions                   5 348 t     8 000 t   100 %  to Spain
07.01 F II           Beans                   1 219 t     1 300 t   100 %  to Spain
ex 06.02             Live plants             3 446 t     4 700 t    80 % to  Spain
                                                                    20 %  to the reserve
ex 06.03 A           Roses , carnations ,  85 460 000 87.500 000   100 % to the reserve
                    orchids , etc.           pieces      pieces
        It further provides for the creation of a tariff quota at reduced duties
       of 100 tonnes fresh table grapes falling within subheading
       ex 08.04 A I a)2 of the Common Customs Tariff and the substitution of
       the tariff quota for avocados , falling within subheading 08.01 D of the
        Common Customs tariff , by a system of " reference quantities " with the
       possibility for the Community to replace in future these facilities by a
        system of a tariff quota of the same quantity if it should appear that
        the quantities imported under the preferential system exceed during the
        course of a determined year the laid down reference quantity .
 ( 1 ) 0J No L 377, 31.12.1986 , p . 8 to 27 .
( 2 ) 0J No L         89 , 1.4.1987 , p. 4
 ---pagebreak---                                                                           J
2. The annnexed proposals intend therefore only to open for 1 987 the
   tariff quotas as provided for in Article 4 of Protocol No 2 in the
   Act of Accession of 1985 , taking into account on the one hand the
   Council Decision of 21 October 1986 insofar as it concerns the increase
   of certain quota volumes and the allocation of the supplementary
   quantities either to Spain or to the reserve , totally or partially ,
   and on the other hand the new measures foreseen for fresh table grapes
   and for the products subject to the system of " reference quantities "
   and therefore to a system of Community supervision .
3. The implementation of the system of " reference quantities " and the
   obligation foreseen to ensure that the imports benefit under the
   preferential system require the adoption of precise Common rules to be
   applied uniformly by all the Member States . These requirements may be
   setting up a Community system of survei llancet-imports originating in
   Canary Islands . To that end the Member States must take appropriate
   measures to permit the rapid collection of statistical returns for
   the whole Community . In the connection imports of the products in
   question should be recorded only as and when they are entered with
   Customs authorities for free circulation accompanied by a movement
   certificate conforming to the laid down rules of origine .
   The returns will be drawn up be each Member State at the end of each
   month and forwarded before the fifteenth day of the following month
   to the Commission in order to enable the latter to send to all the
   Member States a comprehensive product-by-product statement of the
   imports in question effected during the proceeding month . The
   surveillance system will require quick action and close cooperation
   between the relevant departments of the Member States and the Commission .
   Since the products in question belong to the sensitive products category
   and imports at reduced duties may disturb the Community market , it is
   absolutely essential that alltheMember States observe strictly the
   abovementioned time limit of fifteen days .
 ---pagebreak---                                          Proposai for a
                       COUNCIL REGULATION ( EEC)
opening, allocating and providing for the administration of Community tariff quotas for
tomatoes , cucumbers and aubergines falling within heading ex 07.01 of the Common Customs
                      Tariff and originating in the Canary Islands
                                            ( 1987 )
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               Having regard to the Act of Accession of Spain and
               Portugal ( ' ), and in particular Article 4 of Protocol No 2
               annexed thereto .
               Having regard to the proposal from the Commission ,
               Whereas according to Article 4 of Protocol No 2
                                            annexed to the Act ol Accession ,
               tomatoes , cucumbers , and aubergines falling within heading
               ex 07.01 of the Common Customs Tariff and originating in
               the Canary Islands qualify on the import into the customs
               territory of the Community for reduced duties in the limits of
               annual Community tariff quotas ; whereas , the quota
               volumes amount . respectively to
               – 165 645 tonnes for tomatoes falling within subheading
                    07.01 M of the Common Customs tariff ,
               – 28 663 tonnes for cucumbers falling within subheading
                    07.01 Pi of the Common Customs tariff
                                and
               – 3 819 tonnes for aubergines falling within subheading
                    07.01 T ii of the Common Customs tariff ;
               whereas under article 1 of                             Regulation
               ( EEC ) No . /87 , concerning certain
               adjustments to the system applicable to
               the Canary Islands ( 2 ), the quota volume
               foreseen for tomatoes has been increased
               to 173 000 tonnes ;
               Whereas, when 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
               and are not subject to compliance with the reference price;
               whereas, when the said products arc imported into Portugal ,
               the quota duties applicable are to be calculated 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 progressive reduction of customs duties
                according to the same timetable and under the same
               conditions as those 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 to comply with certain marking and labelling
                conditions designed to prove their origin : •'
                (>) OJ No I. 302 . 15 . 11 . 1985 , p. 23 .
                 ( 2 ) 0J No L                            /                    f  P­
 ---pagebreak---                                                                  -    1                                                        c
                         Whereas by Regulation ( EEC ) No . 4044 / 86 of 22 December 1986 ( 1 )
        as amended by Regulation ( ESC) fio . &1.4. /87 of /-                                     ( 2 ) the Council has                /~30 March |
    opened fortheperiod 1 January to 31 ( Jay 1987 the annual
                         tariff quotas as provided for in the above
                         mentioned Protocol No 2 ; whereas the tariff
                         quotas in question should therefore be opened
                         for 1987 , while taking into account on the one
                         hand the amendment to the quota volume foreseen
                         for tomatoes , and on the other hand the
                         neccesity to allow for the deduction of
                         quantities imported during the first 5 months
                         of 1987 under the abovementioned Regulations
                         ( EEC ) No      4044 / 86 and No .. 9.M. /87 from the quota volumes
                         opened by this Regulation;
                                 Whereas it is in particular necessary to ensure for all
                                C '(immunity importers equal and uninterrupted access to the
                                abovementioned quotas and uninterrupted application of the
                                rates laid down for these quotas to all imports of the products
                                concerned into all Member States until the quotas have been
                                used up ; whereas , having regard to the principles mentioned
                                above , the Community nature of the quotas can be respected
                                by allocating the Community tariff quotas among the
                                 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 the statistics for imports of the products concerned
                                originating in the Canary Islands over a representative
                                reference period and also to the economic outlook for the
                                quota period in question ;
                                Whereas , during the last three years for which statistics are
                                available, imports into each of the Member States were as
                                follows      :
                                                                                                                 - in tonnes -
                                                     - 07.01 M                   - 07.0I P 1 -
                                                                                                                   07.01 T II
            Member St.ucs                              tomantes                    cucumbers                       aubergines
                                         1 98 3          198 4     198 5   198 3      198 4      1985      198 3      1984      1 985
                                                                                                        1–
Benelux                               50 379          56 131    75 188    6 5o7    13 515       6 000     1 347     2 702     2 352352
Dcninnrk                                    70              35   3 605        51         86    1 987           -          -
                                                                                                                                    57
Germany                                3 009           2 449    37 302      260        313     2 492        108        104    1 295
Grette
Spain
                                           aver«
                                                  1<            15 430
                                                                            aver
                                                                                 m af                5
                                                                                                            aver  ïge of”
                                                                                                                  445             174
                                           773            582    7 770         7          8       345        43         37        454
                                            24              39       21        2          6          2         -          -
Ireland
                                               ·*
Italy
                                                                                                               “          "
Portugal
United Kingdom                        90 748          10C7O1 90 063      16 942   18 930      11 255     1 226      1 501     1 425
                        ( 1 ) 0J No L 377 , 31.12.1986 , p. 8
                       ( 2 ) 0J No L 89, 1.1.1987, p. 4
 ---pagebreak---                               3                                   é>
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 the latter; whereas these arrangements for allocation
will equally ensure the uniform application of the Common
Customs tariff;
Whereas, in order to take into account import trends for the
products concerned in the various Member States, each
quota should be divided into two instalments, the first being
shared among certain Member States and the second
constituting a reserve to cover the subsequent requirements
of these Member States where they have used up their initial
shares and any additional requirements which might arise in
the other Member States;
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 . In¬
fixed at about £0% of each 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
draw an additional share from the corresponding 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 additional shares must be valid until the end of the
quota period; whereas this method of administration
requires close cooperation between the Member States and
the Commission and the latter must be in a position to
moniior the extent to which the quota amounts have been
used up and to inform Member Stales thereof;
Whereas, if, at a given date in the quota period , a substantial
quantity remains unused in any Member State, it is essential
that that Member State should return a significant
proportion to the corresponding reserve to prevent a part of
any tariff quota 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 l.uxembourg are united
within and jointly represented by the Benelux Economic
Union, any operation relating to the administration of the
quota shares allocated to that economic union may be carried
out by any of its members;
 ---pagebreak---                                                    i                                                                    7
                                               Article 1
1 . a)         Until          31 December 1987 the duties of the Common Customs
       tariff applicable on the import into the Community for the following
       products are suspended at the levels and in the limits of Community
       tariff quotas as follows :
                                                                                          in tonnes -
Order     CCT        Description                              Quota                     Quota duties
No        heading                                             volume^
          No                                                  ( tonnes )
09.0418   07.01 M    Tomatoes , originating                    173 000
                     in the Canary Islands
                                                                                 From i June
                                                                                 (o 31 Oitober       14,4 % , subject to a
                                                                                                      minimum o'2 $£CU
                                                                                                      per KHI kg net
                                                                                 From 1 November
                                                                                 lo . 11 December    3,8 % . uihject r»
                                                                                                      minimum uf I 6 li ( U
                                                                                                      per 100 ku net
09.04 20  07.01 P I      Cucumbers , originating                  28 663
                                                                                                   I
                        in the Canary Islands
                                                                                 I rum 1     Jlin6
                                                                                 to 31 Oclnhci     ! 16
                                                                                 From I November
                                                                                 to 11 DixonUi     I 1Z,Ü "<•
09.042 2  07.01 T II      Aubergines , originating                 3 819                                   12,8 %
                          in the Canary Islands .
                     (b) 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 and are not subject to
                           compliance with the reference price .
                     ( c ) Within the limits of these tariff quotas , the
                           Portuguese Republic shall apply customs duties
                           calculated according to the relevant provisions of
                           the Act of Accession and the Regulations relating
                           thereto .
                     2.      On import , the said products shall be subject to
                             compliance with the reference prices on the same
                             terms as the same products coming from the part of
                             Spain included in the customs territory of the
                             Community .
 ---pagebreak---                                  5
                                                                       i
 3 . ( a ) Without prejudice to the other provisions applicable
             as regards quality standards , products covered by
             this Regulation cannot qualify under the tariff
             quotas unless , when they are presented to the
             authorities responsible for the import formalities for
             the purposes of release into free circulation in the
             customs territory of the Community , they are
             presented in packaging which bears 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 subparagraphs of Article 9 of
             Council Regulation ( EEC ) No 1035 / 72 of 18 May
              1972 on the common organization of the market in
             fruit and vegetables ( ' ), as last amended by
             Regulation ( EEC) No l/>51 /86 ( J ), shall not apply
             to products covered by this Regulation .
                                Article 2
 1.       The tariff quotas laid down in Article 1 shall be divided
into two instalments .
2.        A first instalment of each tariff quota shall be allocated
among certain Member States ; the respective shares which ,
subject to Article 5 , shall be valid until 31 December 198 7
shall amount to the quantities indicated below :
( a ) tomatoes of subheading 07.01 M :
         Benelux                                 41 470 tonnes .
         Germany                                   2 000 ¡tonnes ,
         Spain                                   17 208 tonnes ,
         France                                        720 nonnes,
         United Kingdom                          74 780 nonnes;
         cucumbers of subheading 07.01 P I ;
         Benelux                                   3 640     tonnes ,
         Denmark                                         50  tonnes ,
         Germany                                       210   tonnes ,
         Spam                                          1 90  tonnes ,
         United Kingdom                          14 020      tonnes;
        Aubergines of subheading 07.01 T II :
        Benelux                                    1   520 tonnes .
        Germany                                          75 tonnes ,
        Spain                                          350 tonnes,
        France                                           65 tonnes .
        United Kingdom                             1 040 tonnes .
          The     second    instalment      of each    quota ,   i.e .
respectively
– 36822 tonnes for tomatoes of subheading 07.01 M
– 5553 tonnes for cucumbers of subheading 07.01 P 1
       and
_ 769 tonnes for aubergines of subheading 07.01 T II shall
       constitute the corresponding Community reserve.
 ( ' ) OJ No I 118 , 20 . 5 . 1972 , p. 1 .
 H oj No i 119, 0.5.1936, p. 46 ,
 ---pagebreak---     4 . The quantities charged against the shares
         assigned to the Member States in accordan¬
         ce with Article 2 ( 2 ) of Regulation ( EEC )
         No 4044 / 86 or drawn by these from the
         Community reserves instituted under
         Article 2 ( 3 ) of this Regulation are
         deducted from the shares and reserves
         provided for in this Article .
   5 . If an importer notifies the imminent import of the
 product in question into the other Member States and
 requests the benefit of the quota , the Member State
 concerned shall inform the Commission and draw an amount
 corresponding to these requirements to the extent that the
 available balance of rhe reserve so permits .
                                Article 3
 1.     If 90 7„ or more of a Member State’s initial share as
specified in Article 2 ( 2 ), or 90% of that share minus the
portion returned to the corresponding reserve where Article 5
has been applied , has been used up , then , to the extent
permitted by the amount of the reserve , that Member State
shall forthwith , by notifying the Commission , draw a second
share equal to 10 7<> of its initial share , rounded up where
necessary to the next unit .
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
been used up , then that Member State shall , in accordance
with the conditions laid down in paragraph 1 , draw a third
share equal to 5 % of its initial share , rounded up where
necessary to the next unit .
3.      If, after one of its second shares has been used up , 90 %
or more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
This process shall continue until the reserve is used up .
4.      By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
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 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198 7 .
                               Article S
The Member States shall return to the reserve , not later than
1 October 198 Tsuch unused portion of their initial share as ,
on 15 September 198 7, is in excess of 20% of the initial
volume . They may return a larger quantity if there are
grounds for believing that this quantity may not be used .
 ---pagebreak---                                                            -      7 '                                                   "A
The Member Stares shall notify the Commission , not later            2.     The Member States shall ensure that importers of the
than 1 October 198? of the total quantities of the products in       products in question have free access to the shares allocated
question imported up to 15 September 198 ^ and charged               to them .
against the tariff quota and of any quantity of the initial
shares returned to the reserve .                                      3.    Member States shall charge imports of the products in
                                                                      question their shares as and when the products are entered
                                                                      with the customs authorities for free circulation .
                              Article 6                               The extent to which a Member State has used up its
                                                                      shares shall be determined on the basis of the imports
                                                                      charged against shares under the conditions provided for in
The Commission shall keep an account of the shares opened             paragraph 3 .
by the Member States pursuant to Articles 2 and 3 and , as
soon as it is notified , shall inform each State of the extent to
which the reserves have been used up .
                                                                                                Article 8
It shall inform the Member States , not later than 5 October          At the Commission's request , the Member States shall inform
 198?, of the amount in each reserve after quantities have            it of imports of the products concerned actually charged
been returned thereto pursuant to Article 5 .                         against their shares .
It shall ensure that the drawing which exhausts any reserve
docs not exceed the balance available and , to this end , shall                                  Article 9
notify the amount of that balance to the Member State
making the last drawing .                                             The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
                              Article 7                                                         Article 10
 1.     The Member States shall take every measure necessary          This Regulation shall enter into force on 1 June        1987#
 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
 tariff quota .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels ,
                                                                                      For the Council
                                                                                       The President
 ---pagebreak---                                           Proposai for a
                        COUNCIL REGULATION ( EEC )
opening, allocating and providing for the administration of Community tariff quotas for beans
(of the species Phaseolus) onions and sweet peppers falling within heading ex 07.01 of the
           Common Customs Tariff and originating in the Canary Islands ( 198? )
                   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                    Waving regard to the Act of Accession of Spain and
                   Portugal ( ' ), and in particular Article 4 of Protocol No 2
                    annexed thereto .
                    Having regard to the proposal from the Commission ,
                    Whereas , according to Article 4 of Protocol No 2 -
                                           annexed to the Act of Accession , beans ,
                   onions and sweet peppers falling within heading ex 07.01 of
                   the Common Customs Tariff and originating in the Canary
                   Islands qualify on import into the customs territory of the
                   Community for reduced duties within the limits of annual
                   Community tariff quotas; whereas the tjuota volumes
                   amount to :
                   – 1219 tonnes for beans ( of the species Phaseolus )
                                        of subheading 07.01 F 11 of the
                                         Common Customs Tariff ,
                     – 5 148 tonnes for onions of subheading ex 07.01 H
                                         of the Common Customs Tariff ,
                                         and
                     – 1 6(1 605 tonnes for sweet peppers of subheading
                                          07.01 S of the Common Customs
                                         Tari ff ;
                  whereas under article 1 of Regulation
                   ( EEC ) No . / 87 , concerning certain
                  adjustments to the system applicable to
                  the Canary Islands ( 2 ), the quota volumes
                  foreseen for beans and onions have been
                  increased respectively to 1 300 t and
                  8 000 t ;
                 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 of customs duties;
                  whereas , where the said products are imported into Portugal ,
                 : he quota duties applicable are to be calculated on the basis of
                 the provisions belonging to 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
                 shall qualify for the progressive reduction of customs duties
                 according to the same timetable and under the same
                 conditions as those provided for in Article 75 of the Act of
                 Accession ; whereas, to qualify for the tariff quota , the
                 products in question have to comply with certain marking
                 and labelling conditions designed to prove their origin;
                  ü ; OJ N.i I 302 , 15 . 11 . 1985 , p. 2.3 .
                   ( 2 ) 0J No L . .                                               P.
 ---pagebreak---                                                                                                                                7s
                          Whereas by Regulation ( EEC ) No . 4046 / 86 of 22 December 1986 ( 1 )
       as amended by Regulation ( EEC ) No . /87 of . ( 2 ), the Council
       has opened for the period 1 January to 31 hay 1987 , the annual
                          tariff quotas as provided for in the above
                          mentioned Protocol No 2; whereas the tariff
                          quotas in question should therefore be opened
                          for 1987 , while taking into account on the
                         one hand the amendment to the quota volumes
                          foreseen for beans and onions , and on the
                         other hand the neccesity to allow for                                      the
                         deduction of quantities imported during the
                         first 5 months of 1987 under the above-
                         mentioned Regulations ( EEC ) No 4046 / 36 and No .../87 from
                         the quota volumes opened oy this Regulation ;
                               Whereas it is in particular necessary to ensure for all
                              Community importers equal and uninterrupted access to the
                              abovementioned quotas and uninterrupted application of the
                              rates laid down for these quotas to all imports of the products
                              concerned into all Member States until the quotas have been
                              used up ; whereas , having regard to the principles mentioned
                              above , the Community nature of the quotas can be respected
                              by allocating the Community tariff quotas among the
                              Member States ; whereas, in order to reflea 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 the statistics for imports of the products concerned
                              originating in the Canary Islands over a representative
                              reference period and also to the economic outlook for the
                              quota period in question ;
                              Whereas, during the last three years for which statistics are
                              available , imports into each of the Member States were as
                              follows :
                                                                                                       - in tonnes -
                                                  - 07.01 F II -                   - ex 07.01 H -                - 07.01 S -
            Mt-mber Suces                beans ( of rhe species Phaseoius )            onions                    sweet peppert
                                          1983          1984      1985        1983       1984     1985     1983      1984        1985
Benelux                                   418           338        720         _            31   1 000    7 781     8 716       13 054
Denmark                                    -             -
                                                                       2       -            -
                                                                                                    61       34          6       1 086
Germany                                     14            18         62                     24     566      443        426
                                                                               *
                                                                                                                                 5 758
Greece                                     -             -
                                                                       -
                                                                                -           -
                                                                                                     -
                                                                                                            -          -
                                                                                                                                     -
sP lin                                average of 723               627      average of44 88 4 026        average   of 279          151
France                                     -             -             -       -
                                                                                                    45         8        30          46
Ireland                                    -             -             -        -           -
                                                                                                     -         1       -
                                                                                                                                     -
Italy                                      -             -
                                                                       -        -           -
                                                                                                            -          -             -
Portugal
                                                                                                     •                               -
                                           -             -                               .  -               -          -
United Kindom                             116           309        458          –          133   1 067    6 137      8 851       7 284
                        ( 1 ) 0J No L 377 , 31.12.1986 , p. 8
                        ( 2 ) 0J No L
 ---pagebreak---                                 – J -–
        Whereas in the last three years the products in question were
        only imported regularly 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 take place in the
        latter ; whereas these arrangements for allocation will equally
        ensure the uniform application of the Common Customs
        Tariff;
        Whereas , in order to take into account import trends for the
        products concerned in the various Member States , each
        quotas should be divided into two instalments , the first being
        shared among certain Member States and the second
        constituting a reserve to cover the subsequent requirements
        of these Member States where they have used up their initial
        shares and any additional requirements which might arise in
        the other Member States ; 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 /i 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
        draw an additional share from the corresponding 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 additional shares must be valid until the end of the
        quota period ; whereas this method of administration
        requires close cooperation between the Member States and
        the Commission and the latter must be in a position to
        monitor the extent to which the quota amounts have been
        used up and to inform Member States thereof;
Whereas , if , at a given date in the quota period , a
substantial quantity of one of the share* remai ns
unused, in one or another Member State , it is
essential that that Member State should return a
significant proportion to the corresponding reserve
to prevent a part of one or another tariff quota
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 relating to the administration of the
         quota shares allocated to that economic union may be carried
         out by any of its members ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                            ч -
                                                                                                       /у
                                       Article 1
               Until        31 Decentoer 1987 the customs duties applicable on
  the import into the CorTmunity for the following products are
  suspended at the levels and in the limits of tariff quotas as
  follows :
  Order      CCT                 Description             Quota volumes               Quota duties
  No        heading
            No                                           ( tonnes )
  09.042 4   07.01              Beans ( of the                   1300    l („ml
                                                                                             J1U,6       'uh|«t «i » •
             F II               Fhaseolus) , ori-                             ...            I «minimin’
                                                                                                per 1<HI k£<«litriI 6 I l.U
                                                                          Ir.un I | uU
                                ginating in the                                               jl3,9      \ub|ect t » »
                                                                                                        .. 16 I ( V
                                Canary Islands                            \ rimi 1 iVmKff
                                                                                                pi tMil l ,- ml
                                                                          m ‘I                 Ul/i                   <o J
                                                                                                miinnumi           1.6 i c:i ;
                                                                                                 per 100 L|t net
09.042 6   ex 07.01           Onions , originat-             8 000                        9,8 %
           H                  ing in the Canary
                              Islands
09.0427    O'7 . 01 S         Sweet peppers ,               16 605                        5,1 %
                              originating in
                              the Canary Islands
      2            Where the said products are imported into that part
                   of Spam which is included in the customs territory of
                   the Community , they shall qualify for exemption
                   from customs duties .
                   Within < he limits of these quotas the Portuguese
                   Repuh • shall apply customs duties calculated
                   a, ant,1 R to the relevant provisions of the Act of
                   A - ression and the Regulations relating thereto .
 ---pagebreak--- 3 . ( a ) Without prejudice to the provisions applicable as
            regards quality standards , products covered by this
            Regulation cannot qualify under the tariff quotas
            unless , when they are presented to the authorities
            responsible for the import formalities for the
            purposes of release into free circulation in the
            customs territory of the Community , they are
            presented in packaging which bears the words
            ‘Canary Islands’ , or the equivalent thereof in
            another official Community language , in a clearly
            visible and perfectly legible form .
      ( b ) The provisions of the third and fourth
            subparagraphs of Article 9 of Council Regulation
            ( EEC ) No 1035 / 72 of 18 May 1972 on the
            common organization of the market in fruit and
            vegetables ( ' ), as last amended by Regulation ( EEC )
            NO1351 /B6 ( 2 ), shall not apply to products
            covered by this Regulation .
                                 Artulc 2
 I.      The tariff quotas laid down in Article I shall be divided
into two instalments .
2.       A first instalment of each tariff quota shall be shared
among certain Member States ; the respective shares which ,
subject to Article 5 , shall be valid until 31 December 198*,
shall amount to the quantities indicated below ;
        beans ( of the species Phaseolus) falling           within
       subheading 07.01 F 11 :
        Benelux                                   260      tonnes ,
        Germany                                     15     tonnes .
        Spain                                     661      tonnes ,
        United Kingdom                            120      tonnes ;
        onions falling within subheading ex 07.01 H :
        Benelux                                   370      tonnes ,
        Germany–.                                 200      tonnes ,
        Spain                                  ¿ 247       tonnes ,
        United Kingdom                            115      tonnes ;
( c ) sweet peppers falling within subheading 07.01 S :
        Benelux                                6 920       tonnes ,
        Denmark                                            tonnes ,
                                                   50
       Germany                                             tonnes .
                                                  600
        Spain                                              tonnes ,
        United Kingdom                         5         , tonnes .
3.        The    second     instalment     of each   quota ,    i.e.
respectively
– 244 tonnes for beans ( of the species Phasrolus ) falling
      within subheading 07.01 F II ,
– 1063 tonnes for onions falling within subheading ex
      07.01 H and
– 3325 tonnes for sweet peppers falling within subheading
      07.01 S shall constitute the corresponding Community
      reserve .
( ' ) OJ No L 118 , 20 . 5 . 1972 , p. 1 .
( r) oj No L 119, b.5.1986, p. 46.
 ---pagebreak--- 4 . The quantities charged against the shares assigned
    to the Members States in accordance with article 2
    ( 2 ) of Regulation ( EEC ) No . 4044 / 86 or drawn by
    these from the Community reserves instituted under
    article 2 ( 3 ) of this Regulation are deducted from
    the shares and reserves provided for in this article .
              5 . If an importer notifies the imminent import of the
             product in question into the other Member States and
             requests the benefit of the quota , the Member State
             concerned shall inform the Commission and draw an amount
             corresponding to these requirements to the extent that the
             available balance of the reserve so permits .
                                           Article 3
             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
             portion returned to the corresponding reserve where Article 5
             has been applied , has been used up , then , to the extent
             permitted by the amount of the reserve , that Member State
             shall forth wirth , by notifying the Commission , draw a
             second share equal to 10% of its initial share , rounded up
             where necessary to the next unit .
             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
             been used up , then that Member State shall , in accordance
             with the conditions laid down in paragraph 1 , draw a third
             share equal to 5% of its initial share , rounded up where
             necessary to the next unit ,
             3.    If, after one of its second shares has been used up , 90%
             or more of the third share drawn by a Member State has been
             used up , that Member State shall , in accordance with the
             conditions laid down in paragraph 1 , draw a fourth share
             equal to the third .
             This process shall continue until the reserve is used up .
             4.    By way of derogation from paragraphs 1 , 2 and 3 , a
             Member State may draw shares smaller than those fixed in
             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 4
             The additional shares drawn pursuant to Article 3 shall be
             valid until 31 December 198'
 ---pagebreak---                                Article 5
 The Member States shall return to the reserve , not later than
  1 October 1 98 7 such unused portion of their initial share as,
 on 15 September 1987 is in excess of 20% of the initial
 volume. They may return a larger quantity if there are
 grounds for believing that this quantity may not be used.
 The Member States shall notify the Commission, not later
 than 1 October 1987 of the total quantities of the products in
   question imported up to 15 September 1987 and charged          3.    The Member States shall charge the imports of the
   against the tariff quota and of any quantity of the initial    products concerned against their shares as and when the
   shares returned to the reserve .                               products are entered whith customs authorities for free
                                                                  circulation .
                              Article 6                           4.     The extent to which a Member State has used up its
                                                                  share shall be determined on the basis of the imports charoed
The Commission shall keep an account of the shares opened         against shares under the conditions pro ¬
by the Member States pursuant to Articles 2 and 3 and , as        vided for in paragraph 3 .
soon as it is notified , shall inform each State of the extent to
which the reserves have been used up .
It shall inform the Member States , not later than 5 October
                                                                                             Article 8
1986 of the amount in each reserve after quantities have been
returned there to pursuant to Article 5 .
                                                                  At the Commission’s request , the Member States shall inform
It shall ensure that the drawing which exhausts any reserve       it of imports of the products concerned actually charged
does not exceed the balance available and , to this end , shall   against their shares.
notify the amount of that balance to the Member State
making the last drawing .
                                                                                             Article 9
                              Article 7
                                                                  The Member States and the Commission shall cooperate
                                                                  closely to ensure that this Regulation is complied with .
1.     The Member States shall take every measure necessary
to ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
w ithout interruption against their accumulated shares ol the
tariff quota .                                                                              Article 10
2.     The Member States shall ensure that importers of the       This Regulation shall enter into force on 1 June        1987,
products in question have free access to the shares allocated
to them .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels ,
                                                                                  For the Council
                                                                                   The President
 ---pagebreak---                               Proposal for a
                     COUNCIL REGULATION ( EEC )
opening , allocatin^end providing for the administration
of a Community tariff quota for new potatoes falling
within subheading 07.01 A II of the Common Customs Tariff
      and originating in the Canary Islands ( 1987 )
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Act of Accession of Spain and
            Portugal ( ' ), and in particular Article 4 of Protocol No 2
            annexed thereto,
            Having regard to the proposal from the Commission ,
            Whereas, according to Article 4 of Protocol No 2
                                   annexed to the Act of Accession , new
            potatoes                 falling within subheading 07.01 A II
                                       of the Common Customs Tariff and
            originating in the Canary Islands qualify, on import into the
            customs territory of the Community , for reduced duties
            within the limits of               Community tariff quota ;
            – 6 642 tonnes
                               for the period 1 January to 30 June,
           Whereas, when 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 , when the said products are imported into Portugal ,
           the quota duties applicable are to be calculated 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 progressive reduction of customs duties
           according to the same timetable and under the same
           conditions as those provided for in Article 75 of the Act of
           Accession ; whereas , 'to qualify for the tariff quota , the
           products in question have to comply with certain marking
           and labelling conditions designed to prove their origin;
           ( 1 ) 0J No L              302 , 15.11'.1985 , p. 23 .
 ---pagebreak---                                                -4-
                  Whereas by Regulation ( EEC ) No 4045 / 86 of 22 December 1986 ( 1 )
as amended by Regulation ( EEC ) No .. &1.4.. /87 of 3kViarch 1987 ( 2 ), the
Council has opened for the period 1 January to 31 Kay 1907 the
                 annual tariff quota for new potato ^ forseen in the
                 ah ovementioned Protocol No 2 ;
                                  whereas the tariff quota in
                 question should therefore be opened for
                  the first half-year of 1987 , while taking
                  into account the necessity to allow for
                  the deduction of quantities imported
                  during the first 5 months of 1987 under
                  the abovemen^ioned Regulations ( EEC ) No . 4045 /86 and
 No ..9.1A /87                      from the quota volume opened
                  by this Régulation .
                    Whereas it is in particular necessary to ensure for all
                    Community importers equal and uninterrupted access to the
                   abovementioned quota , and uninterrupted application of the
                    rates laid down for thi S 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 mentioned
                   above, the Community nature of the quota, can be respected
                   by allocating the Community tariff quota among the
                    Member States ; whereas , in order to reflea as accurately as
                   possible the true trend of the market in the produas in
                   question , such allocation should be in proportion to the
                   requirements of the Member States , 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 outlook for the
                   quota period in question ;
                   Whereas , during the last three years for which statistics are
                   available , imports into each of the Member States were as
                   follows ;
                                                                 ( tonnes )
                                 Member States
                                                            1983       1984    1985
                      Benelux                                  4          61     21
                     Denmark                                  93        226     127
                     Germany                                 -             4       “
                     Greece                                  -          -
                     Spain                                   S18        818      24
                     France                                   23        -
                                                                                 38
                     Ireland
                                                                                   –
                                                             -          -
                     Italy                                   -          -
                                                                                   -
                     Portugal                                -          -
                                                                                   –
                     United Kingdom                        6 754     6 728    6 496
         a* A    377,      31 . 12.1986 * p.12 .
                  89 .   1.4.1987 , p. 4 .
 ---pagebreak---                              – J
  Whereas in the last three years the products in question were
 imported regular) y 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 , intitial 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 quota when imports actually take
 place in the latter ; whereas these arrangements for allocation
 will equally ensure the uniform application of the Common
 Customs tariff ;
 Whereas , in order to take into account import trends for the
 products concerned in the various Member States , the
 quota should be divided into two instalments , the first being
 shared among certain Member States and the second
 constituting a reserve to cover the subsequent requirements
 of these Member States where they have used up their initial
 share and any additional requirements which might arise in
 the other Member States; Whereas , in order to give importers
  in each Member State a
 certain degree of security , the first instalment of the
 Community quota should , under the circumstances , be
 fixed at 30%                   of the quota volume ;
 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 share should
 draw an additional share from the                         reserve ;
 whereas this must be done by each Member State as and
 when              its additional share is almost used up , and
 repeated as many times as the reserve allows ; whereas the
 initial and additional shares must be valid until the end of the
 quota period ; whereas this method of administration
 requires close cooperation between the Member States and
 the Commission and the latter must be in a position to
 monitor the extent to which the quota amount has been
 used up and to inform Member States thereof;
 Whereas , if , at a given date in the quota period , a substantial
 quantity remains unused in any Member State , it is essential
 that that Member State should return a significant
 proportion to the                     reserve to prevent a part of
t h S tariff quota 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 |ointly represented by the Benelux Economic
 Union , any operation relating to the administration of the
 quota share allocated to that economic union may be carried
 out by any of its members ;
 HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                              “V -
                                           Artide 1
1 a)                          30 June 1987 the customs duties applicable on the
     import into the Oammnity for the following products are suspended
     at the levels and in the limits of a Community tariff quota as
     follows :
     Qrder      CCT                  Description            Qjota volume            Quota duties
     No        heading
               No
     09.041*/   07.01 A II New potatoes ,                        6 642
                                    originating                  tonnes
                                   in the Canary
                                   Islands                                         Frem 1      to
                                                                                   30 June :
                                                                                     15,7 %
                 b)     Whe re the said products arc imported into that part
                        of Spam which is included in the customs territory of
                        the Community , they shall qualify for exemption
                        from customs duties ,
                 c)     Within the limits of this tariff quota , the
                        Portuguese Republic shall apply customs duties
                        calculated according to the relevant provisions of
                        the Act of Accession and the Regulations relating
                        thereto .
                   2 - Without prciudicc to the other provisions applicable as
                    regards quality standards , products covered by this
                    Regulation cannot qualify under the tariff quota unless,
                    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
                    are presented in packaging which bears the words ‘Canary
                    Islands’, or the equivalent thereof in another official
                    Community language, in a clearly visible and perfectly legible
                    form .
 ---pagebreak---                                      - r
                                 Article 2
1 . A first instalment amounting to 5310 tonnes
of the Community tariff quota referred to in
Article 1 shall be allocated among the Member
States ; the shares
shall be valid until 30 June 1987 shall be as
follows :                                               *
      Benelux                                                      25 t
      Denmark                                                      85 t
      Spain                                                     660 t
      United Kingdom                                         4540 t
2.    The second instalment of 1332 shall constitute
the reserve .
3 . The quantities charged against the shares
assigned to the Member States in accordance with
Article 2 ( 1 ) of Regulation ( EEC ) No 4045 / 86 o'f'
drawn by thesejfrom the Community reserve constituted
under Article 2 ( 2 ) of this Regulation are
deducted from the ^ares and from the reserve
provided dor infthis Article .
     4 . If an importer notifies the imminent import of the
     product in t|tiesltou into the other Member Suites ;in<!
     requests the beneltl ol the t|u.)t;t , the Mcmbei Suite
     concerned slut 1 1 tnlorin the Commission . uid dt n\v . tn . unnunt
     concspondlnn to these rei|iurements to the extent th.it the
   \ available balance of the reserve so permits .
                                  Artide !
     1.     If 90% or more of a Member States' initial share as
     specified in Article 2 ( 2 ),
                            has been used up , then , to the extent
     permitted by the amount of the reserve , that Member State
     shall forthwith , by notifying the Commission , draw a second
     share equal to 10 7., ol its initial share , rounded up where
     necessary to the nest unit .
 ---pagebreak---                                –' t                                       JJ
 2.     If, after one of its initial shares has been used up , l)i)%
 or more o! the second share drawn by a Member State has
 been used up , then that Member State shall , m accordance
 with the conditions laid down in paragtaph 1 , draw a third
 share equal to 5 % of us initial share , rounded up where
 necessary to the next unit .
 3.     If, after one of its second shares has been used up , WS.
 or more of the third share drawn b> a Member State has been
 used up , that Member State shall , in accordance with the
 conditions laid down in paragraph I , 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 , a
Member State may draw shares smaller than (hose fixed in
those paragraphs if rhere is reason to believe that they might
not be used up . It shall inform the Commission of its reasons
for applying this paragraph .
                                                                        r
                               Article 4
l-.ach of the additional shares drawn pursuant to Article 3
shall be valid until 30 June 1987 .
                                                                   *I »
                                                             , '   ?  .
                                                          •V. • ‘ v * 3
                                                         ‘Y*--   :
                        with
                                                          ' \
 ---pagebreak---                                Article 5
  ! he Commission shall keep an account of the shares opened
 by the Member Slates pursuant lo Articles 2 and 3 and , as
 soon as it is notified , shall inform each State of the extent to
 which the reserves have been used up .
                                          .,*>« i.tfi . liian «i ;.‘ i-*.
                                                        J      ii r
 h shall ensure that the drawing which exhauststhS reserve
 does not exceed the balance available and , to this end , shall
 notify the amount of that balance to the Member State
 making the last drawing .
                              Ai tu le  6
 1.     The Member Stales shall take every measure necessary
to ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may he charged
without interruption against their accumulated shares of the
tanll quota .
2.     The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3.     The Member States shall charge imports ol the
products in question against their shares as and when the
products are entered with the customs authorities for free
circulation .
4.     The extent to which a Member State has used up its
shares shall be determined on the basis of the imports charged
against shares under the conditions provided for in
paragraph 3 .
                              Article ~f
 At the Commission's request , the Member States shall inform
 it of imports of the products concerned actually charged
 against their shares .
                              Article 3
 The Member States and the Commission shall cooperate
 closely to ensure that this Regulation is complied with.
                              Article Ç
  This Regulation shall enter into force on 1 j                    1937
 ---pagebreak---                                                                                        /
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Donc at Brussels ,
                                                             /•<>/ tin • ( Onm il
                                                                ihr I'rrsiilrnt
 ---pagebreak---                                                              Ί –
                                               Proposai for a
                                   COUNCIL REGULATION ( EEC ) '
         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
                   theCommon Customs Tariff and originating in the Canary Islands
                                                        ( 1987 )
                               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                               Having regard to the Act of Accession of Spain and
                               Portugal ( ' ), and in particular Article 4 of Protocol No 2
                               annexed thereto ,
                               Having regard to the proposal from the Commission ,
                               Whereas , pursuant to Article 4 of Protocol No 2
                                                      annexed 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 Islands , may be imported into the Community
                               within the limits of an annua l Community tariff
                              auots of 3446 tonnes at reduced duties ;
                              whereas under Article 1 of Regulation
                              ( EEC ) No . . . . 187 , concerning certain
                              adjustments to the system applicable to
                              the Canary Islands ( 2 ), the quota volume
                              foreseen ha^ been increases to 4 700
                              tonnes ;
                         / whereas for 1 98 7the duties to be applied within the limits of
                           the tariff quota are equal to 75 % of the duties of the
                           Common Customs Tariff; whereas , however , when the
                           products in question are imported into that parr of Spain
                           which is included in the customs territory of the Community
                           they shall qualify for exemption from customs duties ;
                           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
                           comply with certain marking and labelling conditions
                           Hcsinned to prove their origin ;             '
                             whereas by Regulation ( EEC ) No 4048 /86 of 22 December
1986 (3 ) as amended by Regulation ( EEC ) Mo ... .9.1.4. . /S7 of 3Q,i"arch 1987 ( 4 )
tne council has opened for the period 1 January to 31 May 1987
                            the annual tariff quota provided for i£|
                            the abovementione^. Protocol No 2 ; whereas
                            the tariff qutoa in question should therefore
                            be opened for 1987 , while taking into
                            account on the one hand the amendment to
                            the quota volume foreseen , and^the other
                            hand the necessity to allow for the
                            deduction of quantities imported during
                            the first 5 months of 1987 under the
                            abovementioned Regulation S( EEC ) No 4048 /86 and No 914 / 87
                            from the quota volume opened by this
                            Régulation ;
                            ( 1 ) 0J No L 3J2 , 15.11.1VS5 , p. 23
                           ( 2 ) 0J No L
                           ( 3 ) 0J No L 377, 31.12.1986 , p. 24
                           (4 ) 0J No L             89 , 1.4.1987, p. 4 .
 ---pagebreak---                               –L
  Whereas il is in particular necessary to ensure to all
  Community importers equal and uninterrupted access to the
  abovementioned quota and uninterrupted application of the
  rate laid down for that quota to ail imports of the products
  concerned into all Member States until the quota has been
  used up ; whereas , having regard to the principles mentioned
  above, the Community nature of the quota can be respected
  by allocating the Community tariff quota 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 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 , during the last three years for which statistics are
available , the corresponding imports by each of the Member
States represent the following percentages of the imports into
the Community , of the products concerned , originating in
the Canary Islands :
             Member States            1 903 1984       1985
Benelux                                 G.Ó     10.7     3.2
Denmark                                 0.3      0.1     0.1
Germany
                                        4.2      4.5     4.9
                                                         –
Greece
                                      78.5      77.2 36.6
Spain
                                        0.4      0.4     0.6
France
                                        “
Ireland
                                       0.7       1 .7    0.7
Italy
                                        7.3      5.4     “
United Kingdom
Portugal                                                 3.9
Whereas , in view of these factors , and of market forecasts
for the products in question , the initial quota shares may in
a first phase be fixed approximately at the following
percentages :
            Benelux                           6,50
            Denmark                           0,08
            Germany                           2.34
            Greece
                                              0.08
            Spam                            84,53
            France
                                              0,27
            Ireland                           0,08
            Italy                             1,06
            Portugal                          0,08
            United Kingdom                    4,98
 ---pagebreak---                               – i                                   y /
    Whereas , in order to take into account import trends for the
    products concerned in the various Member States , the quota
    volume should be divided into two instalments , the first
    being shared among the Member States and the second
   constituting a reserve to cover at a later date the requirements
   of those Member States having used up their initial quota
   shares ; whereas , in order to give importers in each Member
   State a certain degree of security , the first instalment of the
   Community quota should under present circumstances be
   fixed at about SO % of the quota ;
   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 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 additional
   shares must be valid until the end of the quota period ;
   whereas this method of administration requires close
   cooperation between the Member States and the
   Commission , and the latter must be in a position to monitor
   the extent to which the quota volume has been used up and to
   inform the Member States thereof;
   Whereas if, at a given date in the quota period , a substantial
   quantity of an initial share remains unused in a Member
   State , it is essential that that Member State should return a
   significant proportion to the reserve , to prevent a part of any
   Community quota 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 of its members ;
   HAS ADOPTED THIS REGULATION :
                                 Article 1
   1.                    Until          31 December 1987 on
   the import into the Community the customs
   duties applicable for the following
   products , originating in the Canary
   Islands will be suspended at the levels
   and within the limits of a Community
   tariff quota of 4 700 tonnes as follows :
 ---pagebreak---                                                                  ^Ч-
Order     CCT
                                                                                                          NIMfcXt-
         heading                                            Description                                     Code   Rate of dut )
No         No
(jy.04iû 06.01   Bulbs » tubers, tuberous roots corms , crowns and rhizomes , dormant , in growth or in
                 flower :
                 ex A. Dormant :
                         – Other than hyacinths , narcissi , tulips and gladioli                          06.02-19    5    %
         06.02   Other live plants , including trees , shrubs , bushes , roots , cuttings and slips :
                    A. Unrooted cuttings and slips:
                         II . Other                                                                       06.02-19   Φ %
                 ex D. Other :
                        – Roses ( all the species Rosa ), neither budded nor grafted :
                              – With stock of a diameter of 10 mm or less                                 06.02-61 9.7 %
                              – Other                                                                     06.02-65  9,7 %
                        – Other than mycelium ( spawn of mushrooms and other edible fungi ).
                              rhododendrons , azaleas , vegetable and strawberry plants :
                              – Outdoor plants:
                                 – Trees , shrubs and bushes other than fruit trees and bushes and forest
                                     trees :
                                     – Rooted cuttings and growing plants                                 06.02-81  9,7 %
                                     – Other                                                              06.02-83  9,7 %
                                 – Other :
                                     – Perennial plants                                                   06.02-92  9,7 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%
                                     The products qualify , however , within the limits of this tariff
                                     quota for exemption from customs duties when they are
                                     imported into that part of Spain which is included in the
                                     customs territory of the Community .
                                     Within the limits of this tariff quota the Portuguese Republic
                                     applies customs duties calculated according to the relevant
                                     provisions of the Act of Accession and the Regulations
                                     relating thereto .
                                     2.      Without prejudice to the provisions applicable as
                                     regards quality standards , products covered by this
                                     Regulation cannot qualify under the tariff quota unless ,
                                     when they are presented to the authorities responsible for the
                                    import formalities for the purposes of releas .- into free
                                   circulation in the customs territory of the Community , they
                                    are presented in packaging which bears the words ‘Canary
                                    Islands’, or the equivalent thereof in another official
                                    Community language , in a clearly visible and perfectly legible
                                    form .
                                                                   Article 2
                                      1.     A first instalment amounting to3 756tonnes of the
                                     Community tariff quota referred to in Article 1 shall be
                                     allocated among the Member States; the respective shares,
                                     which subject to Article 5 shall be valid until 31 December
                                     1982p, shall be as follows:
 ---pagebreak---                                                           ( tonnes )
                   Benelux                                 244
                   Denmark
                   Germany                                    8S
                   Greece                                      3
                   Spain                               3 175
                   France                                     10
                   Ireland                                     3
                   Italy                                      40
                   Portugal                                    3
                   United Kingdom                           137
       2.     The second instalment of'944 tonnes shall constitute
       the reserve .
3 . The quantities charged against the shares U JJ /f ff f cl
     to the Member States in accordance with
     Article 2 ( 1 ) of Regulation ( EEC ) No 4048 / 86
     or drawun by these from the Community reserve
 £, instituted under Article 2 ( 2 ) of this
     Regulation are deducted from the shares and
     from the reserve provided for in this Article .
                                            Article 3
             1.     If 90% or more of a Member State’s initial share as
             specified in Article 2 ( 1 ), or 90% of that share minus the
            portion returned to the reserve where Article 5 is applied , has
             been used up , then , to the 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
            initial share , rounded up where necessary to the next unit .
            2.      If, after its initial share has been used up , 90% or more
            of the second share drawn by a Member State has been used
            up , that Member State shall , in accordance with the
            conditions laid down in paragraph 1 , draw a third share
            equal to 7,5 % of its initial share, rounded up where
            necessary to the next unit .
            3.      If, after its second share has been used up , 90% or
            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 .
            This process shall continue until the reserve is used up.
            4.      By way of derogation from paragraphs 1 , 2 and 3 , a
          i Member State may draw shares smaller than those fixed in
            those paragraphs if there is reason to believe that these might
            not be used up . It shall inform the Commission of its reasons
            for applying this paragraph .
                                            Article 4
            Each of the additional shares drawn pursuant to Article 3
            shall be valid until 31 December 198 < .
 ---pagebreak---                                Article 5
 The Member States shall return to the reserve , not later than
 1 October 1987 , such unused portion of their initial share
 which , on 15 September 198 7, is in excess of 20% of the
 initial volume . They may return a larger quantity if there are
 grounds for believing that it may not be used .
 The Member States shall , not later than 1 October 198 7
 notify the Commission of the total quantities of the products
 in question up to 15 September 1987 and charged against the
 tariff quota and of any quantities of the initial shares returned
 to the reserve .
                               Article 6
The Commission shall keep an account of the shares opened
by Member States in accordance with Articles 2 and 3 and
shall , as soon as it is notified , inform each Member State of
the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October
 1987 , of the amount in the reserve after quantities have been
returned pursuant to Article 5 .
The Commission shall ensure that any 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 which makes such last drawing .
                              Article 7
 1.     The Member States shall take every measure necessary
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 .
2.      The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3.      The Member States shall charge imports of the said
goods against their shares as and when the goods are entered
with the customs authorities for free circulation .
4.      The extent to which a Member State has used up its
share 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 of the products concerned actually
charged against their shares .
 ---pagebreak---                                           7                                            Si
                                      Article 9
              The Member States and the Commission shall cooperate
              closely in order to ensure compliance with this
              Regulation .
                                      Article 10
              This Regulation shall enter into force on 1 June 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels ,
                                                             For the Council
                                                              The President
 ---pagebreak---                                                                                               iJ
                                      Proposai for a
                        COUNCIL REGULATION ( EEC)
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     ( 1987 )
                      THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                      Having regard to the Act of Accession of Spain and
                      Portugal ( ' ), and in particular Article 4 of Protocol No 2
                      annexed hereto .
                      Having regard to the proposal from the Commission .
                      Whereas according to Article 4 of Protocol No 2
                                             annexed to the Act of Accession fresh
                      flowers falling within subheading 06.03 A of the Common
                      Customs Tariff , originating in the Canary Islands , may be
                      imported into the Community within the limits of
                      Community tariff quotas at reduced duties ; whereas the
                      quota volumes amount for roses, carnations , orchids,
                      gladioli and chrysanthemums to 85 460 000 pieces and for
                      the other flowers to 597 tonnes ;
        whereas under Article 1 of Regulation ( EEC )
        No . / 87 , concerning certain adjustments
        to the system applicable to the Canary Islands
        ( 2 ), the quota volume foreseen for roses ,
        carnations , orchids , gladiolus and chrysanthemums
        has been increased to 87 500 000 pieces ;
                                                        whereas for 198 7 the duties
                     to be applied in the limits of these tariff quotas are equal to
                     75 % of the duties of the Common Customs Tariff;
                     whereas , however, when the products in question are
                     imported into that part of Spain which is included in the
                     customs territory of the Community they will qualify for
                     exemption from customs duties; /«*
                    (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
                     comply with certain marking and labelling conditions to
                     prove their origin; '.ihereas these Community
                     tariff quotas should be opened for 1987 ;
       ( 1 ) 0J No L 302 , 15.11.1985 , p. 23 ,
      ( 2 ) 0J No L
 ---pagebreak---                                                     -г
                   Whereas by Regulation ( EEC ) No 4047 / 86 of 22                           DDecember 1986 ( 1 )
   as amended by Regulation ( EEC ) No _ .9.1J* / 27 of 3Ctyar:<;b!9o72          accblSot^), ), the
    Council has opened for the oeriod 1 January to 31 fiay 1937 the annual
                   tariff quotas as provided for in the
                   abovementioned Protocol No 2 ; whereas the
                   tariff quotas in question should therefore
                   be opened for 1987 , while taking into account
                   on the one hand the amendment to the quota
                   volume foreseen for roses , carnations , etc .,
                   and on the other hand the neccesity to allow
                   for the deduction of quantities imported
                   during the first 5 months of 1987 under the
                   abovementioned Régulations ( EEC ) No                         4047 / 86 and No Î1.4. / 87
                   from the quota volumes opened by this
                   Régulation ;
                      Whereas it is in particular necessary to ensure for all
                      Community importers equal and uninterrupted access to the
                      abovementioned quotas and uninterrupted application of the
                      rates laid down for these quotas to all imports of the products
                      concerned into all Member States until the quotas have been
                      used up ; whereas , having regard to the principles mentioned
                      above , the Community nature of the quotas can be respected
                      by allocating the Community tariff quotas among the
                      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
                     the statistics for imports of the said products originating in
                     the Canary Islands over a representative reference period and
                     also to the economic outlook for the quota period in
                     question ;
                     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
                     imports into the Community of the products in question
                     originating in the Canary Islands:
                     – Roses ,        carnations ,    orchids ,     gladioli       and
                          chrysanthemums:
                                     Member States                     1983     1984   1935
                         Benelux                                        6.2      5.9     -
                                                                                         -
                         Denmark                                        -        -
                         Germany                                       36.6    25.2    34.3
                         - '.recce                                      -        -
                                                                                         –
                         Spain                                        43.0     61.5     1.8
                                                                                         **
                         l-rance                                        3.7      1.1
                         Ireland                                        -        -      1.3
                         Italy                                          0.9      0.4     -
                         Portugal                                       -        -       -
                         United Kingdom                                 9.6      5.9    15.9
( 1 ) 0J No I 377 , 31.12.1986 , p. 20
( 2 ) 0J No L 89 , 1.4.1987 , p. 4 .
 ---pagebreak--- – Other flowers :
                  Member States                       1983      1984       1935
    Benelux                                           44.2      25.2       16.5
    Denmark                                            -           -
                                                                             -
   ' »ermany                                          14.0         7.1       4.8
   ' I recce                                           -           -
                                                      40.1      66.9       76.7
   Spain
    France                                             0.6         -
                                                                             0.5
                                                                             –
   Ireland                                             -           -
   Italy                                               1.1         0.8       1.3-
    "ortugal                                           -           -
                                                                             -
   United Kingdom                                      -           “
                                                                             0.2
 Wl ereas , in view of these factors and of the foreseeable
 ma : kct trends of the products in questions initial shares of the
 quota volumes may be fixed in a first phase approximately at
 the following percentage:
                                          Roses , carnations ,
                                                                       Other
                  Member States          orchids , gladioli and
                                                                      Rowers
                                           chrysanthemums
        Benelux                                    6,0                 33
        Denmark
                                                   0,1                   1
        Germany
                                                31,0                     9
        Greece
                                                   0,1                   1
       Spain                                   52.6                    51
        France
                                                   2,6                   1
       Ireland
                                                   0,1                   1
       Italy
                                                   0,5                   1
       Portugal                                   0,1                    1
       United Kingdom                             6,9            ,       1
       Whereas , in order to take into account import trends for the
       products concerned in the various Member States , each
       quota should be divided into two instalments , the first being
       shared among the Member States and the second constituting
       a reserve to cover at a later date the requirements of the
       Member States which have used up their initial quota shares ;
       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 about 78% or 30% 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
       draw an additional share from the corresponding reserve ;
       whereas this must be done by each Member State as and
      when each of its additional shares is almost use up , and
       repeated as many times as the reserve allows ; whereas the
       initial and additional shares must be valid until the end of the
      quota period ; whereas this method of administration
       requires close cooperation between the Member States and
      the Commission and the latter must be in a position to
      monitor the extent to which the quota amounts have been
      used up and to inform Member States thereof;
     ( 1 ) OJ No L 377 , 31.12.1986 , p. 20 .
 ---pagebreak---                        Whereas , if, at a given date in the quota period , a substantial
                       quantity remains unused in any Member State , it is essential
                       that that Member State should return a significant
                       proportion to the corresponding reserve to prevent a part of
                       any tariff quota 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 relating to the administration of the
                       quota shares allocated to that economic union may be carried
                       out by any of its members ;
          HAS ADOPTED THIS REGULATION :
                                     Article I
1.                Until 31           December 1987 the duties of the Common Customs
   Tariff applicable on the import into the Community for the following
   products are suspended at the levels and in the limits of Community
   tariff quotas as follows :
 Order No               CCT
                                                                           Quota
                                                                                       Quota duties
                      heading                   Description              volumes
                         No
                       06.03      Cut flowers and flower buds of a
                                  kind suitable for bouquets or for
                                  ornamental purposes , fresh , dried ,
                                  dyed , bleached , impregnated or
                                  otherwise prepared :
                                  ex Λ . Iresh :
                                                                                     vFrom 1   June      to
 09.043 ?                                – Roses , carnations .                     J 31 Octobbr - : 18%
                                             orchids, gladioli , and «*
                                      .   .  chrysanthemums ,              pieces
                                  onqmatfnq in the
                                  Canary Islands                                       From 1 november to
                                  ex A. Fresh :                                        31    december : 12,7
 09.0434                                - Other flowers
                                  originating in the
                                  Canary Islands                          i'*t b
                                                                        tonnes
      The products qualify,                 within the limits of these
      tariff quotas for exemption from customs duties when they
      are imported into that part of Spain which is included in the
      customs territory of the Community .
      Within the limits of these tariff quotas, Portugal shall apply
      customs duties calculated according to the provisions in
      question of the Act of Accession and the Regulations relating
       thereto .
         2 . Without prejudice to the provisions applicable as
       regards quality standards, products covered by this
       Regulation cannot qualify under the tariff quotas unless, at
       the time of their presentation to the authorities responsible
       for the import formalities for the purposes of release into free
       circulation in the customs territory of the Community , they
       are presented in packaging which bears the words ‘Canary
        Islands', or the equivalent thereof in another official
       Community language, in a clearly visible and perfectly legible
 ---pagebreak---                                             Arm le 2
          1.         The tariff quotas laid down in Article 1 shall be divided
          into two instalments .
          2.         A first instalment of each Community tariff quota
          mentioned in Article 1 shall be shared among the Member
          States ; the shares , which , subject to Article 5 , shall be valid
          until 31 December 198 (, shall be as follows :
                                                 - ex Of*. 03 A -
                                                rotes , carnations . - ex Of*. 03 A -
                                                 gladioli , orchids         other
                      Member States
                                                         and              flowers
                                                chrysanthemums         ( in tonnes )
                                                    ( in pieces )
          Benelux                              4 100 000                  158
          Denmark                                      70 000                  5
          Germany                              21 200 000                    43
          C « i ecco                                   70 000                  5
          Spain                                35 980 000                 244
          France                                 1 780        000              5
          Ireland                                      70     000              5
          Italy                                     340       000              5
          Portugal                                     70     000              5
          United Kingdom                         4 720 000                     5
          3.         The second intalment of each quota , i.e. 19 100 000
          pieces and 117 tonnes respectively , shill constitute the
          corresponding reserves .
4 . The quantities charged against the shares assigned
    to the Member States in accordance with Article 2
    ( 2 ) of Regulation ( EEC ) No 4047 /86 or drawn by
    these from the Community reserves constituted under
    Article 2 ( 3 ) of this Regulation are deducted from
    the shares and reserves provided for in this Article .
                                                 Article 3
                  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
                  portion returned to the corresponding reserve where Article 5
                  has been applied , has been used up , then , to the extent
                  permitted by the amount of the reserve , that Member State
                 shall forthwith , by notifying the Commission , draw a second
                 share equal to 10% of its initial share , rounded up where
                 necessary to the next unit .
                 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
                 been used up , then that Member State shall , in accordance
                 with the conditions laid down in paragraph 1 , draw a third
                 share equal to 5% of its initial share , rounded up where
                 necessary to the next unit .
 ---pagebreak---  V      If, after one of its second shares has been used np , 90 %
or more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
This process shall continue until the reserve is used up .
4.      By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
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 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198 ?.
                               Article 5
The Member States shall return to the reserve , not later than
1 October 1 98 7such unused portion of their initial share as ,
on 1 5 September 1 9P 7 is in excess of 20 % of the initial
volume . They may return a larger quantity if there are
grounds for believing that this quantity may not be used .
The Member States shall notify the Commission , not later
than 1 October 198 7of the total quantities of the products in
question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
                               Article 6
The Commission shall keep an account of the shares opened
by the Member States pursuant to Articles 2 and 3 and , as
soon as it is notified , shall inform each State of the extent to
which the reserves have been used up .
It shall inform the Member States , not later than 5 October
 1 987 of the amount in each reserve after quantities have been
returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts any reserve
does not exceed the balance available and , to this end , shall
notify the amount of that balance to the Member State
making the last drawing.
                                Article 7
  1.    The Member States shall take all measures necessary 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 tariff
  quota .
  2.     The Member States shall ensure that importers of the
  products in question have free access to the shares allocated
  to them .
  3.     The Member States shall charge the imports of the
  products concerned against their shares as and when the
 ---pagebreak---                                                                                        7. '
                                                7
                products are entered with customs authorities for free
                circulation .
                4.      The extent to which a Member States has used up its
                share shall be determined on the basis of the imports charged
                in accordance with paragraph 3 .
                                            Article 8
                At the Commission’s request , the Member States shall inform
                it of imports of the products concerned actually charged
                against their 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 June 178 7.
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                  For the Council
                                                                   The President
 ---pagebreak---                                                                                                     и o
                                                                                                      i
                                            Proposal for a
                       COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of a
        Community tariff quota for fresh table grapes falling within
        subheading ex 08.04 A I a)^of the Commun Customs Tariff and
        originating in the Canary Islands ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establising the European Economic Community ,
Having regard to Regulation ( EEC ) No . / 85                                       of ... . concerning
certain adjustment/ to the system appli caf>^e to the Canary Islands ( 1 ), and
in particular Articles 4, 5 and 9 thereof ,
Having regard to the proposal from the Commission ,
Whereas under Article 4 of the abovementioned Regulation ( EEC ) No . . . ./ 87
fresh table grapes falling within subheading ex 08.04 A I a ) 2 of the
Common. Customs tariff and originating in the Canary Islands
quali^y during the period 1 January to 31 March/Cat the import in the
customs territory of the Community for reduced duties within the limit of
a Community tariff quota of 100 tonnes ;
                    Whereas, when the said products are imported into that part              7      <f^
                    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 price;
                     whereas, when the said products are imported into Portugal ,
                     the quota duties applicable are to be calculated on the basis of
                   the relevant provisions of the Act of Accession ; whereas,
                    when the s.aid products are released for free circulation in the
                    remainder of the customs territory of the Community , they
                    qualify for the progressive reduction of customs duties
                   according to the same timetable and under the same
                   conditions as those provided for in the Act of Accession of Spain and
Portugal for the same products and imported from the same countries ,
                                provided that the reference prices are complied
                  with ; whereas, to qualify for the tariff quota , the products in
                  question have to comply with certain marking and labelling
                  conditions designed to prove their origin : •
                  Whereas it is necessary, in particular, to ensure to all
                  Community importers equal and uninterrupted access to
                  the abovementioned quota and . uninterrupted application
                  of the rates laid down for that quota to all imports of the
                  products' concerned into all Member States until the quota
                  has been used up ; whereas, however, since the quota is to
                  cover requirements which cannot be determined with
                  sufficient accuracy, it seems possible to avoid allocating it
                  among the Member States, without prejudice to the
                   drawing against the quota volume of such quantities as
                   they may need, under conditions and according to a
                   procedure to be specified ; whereas this mehtod of man¬
                   agement requires close cooperation between the Member
                   States and the- Commission and the latter must in parti¬
                   cular be able to monitor the rate at which the quota is
 ( 1 ) 0J No L
 ---pagebreak---                                                                                          V/
                                             -J ~
                    used up and inform the Member States thereof ;
                    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, all transactions concerning the
                    administration of shares allocated to that economic union
                    may be carried out by any one of its members,
                      HAS ADOPTED THIS REGULATION :
                                            Article 1
1 . a)            Until      31 December 1987 the duty               of the Common Customs
       tariff applicable on the import into the Community for the following
       products are suspended at the level and in the limit of a Community
       tariff quota    as follows :
                                                                              in tonnes -
Order     CCT         Description                         Quota             Quota duty
No        heading                                        volume                  %
          No                                             ( tomes )
09.0435   ex 08.04     Grapes , fresh or dried :
                           I. Table grapes :
                                a ) from 1 November
                                    to 14 July :
                                    2 . Other                  100                 7,2
 ---pagebreak---                                      –J
           b ) Where the said products are imported into that part
                 ol Spain which is included in the customs territory of
                 the Community , they shall qualify for exemption
                 from customs duties and arc not subject to
                 compliance with the reference price.
           c ) Within the limit of this tariff quota^ the
                 Portuguese Republic shall apply customs duties
                 calculated according to the relevant provisions of
                 the Act of Accession and the Regulations relating
                 thereto.
        2.       On import , the said products shall be subject to
                 compliance with the reference price on the same
                 terms as the same products coming from the part of
                 Spain included in the customs territory of the
                 Community .
       3 . (a ) Without prejudice to the other provisions applicable
                  as regards quality standards, products covered by
                  this Regulation cannot qualify under the tariff
                  quota unless, 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 are
                  presented in packaging which bears 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 subparagraphs of Article 9 of
                  Council Regulation ( EEC) No 1035 / 72 of 18 May
                   1972 on the common organization of the market in
                  fruit and vegetables ( ' ), as last amended by
                  Regulation ( EEC ) No 1351 IS6 ( 2 ), shall not apply
                  to products covered by this Regulation .
        4 . If an importer notifies an imminent importation of the
          product in question in a Member State and requests the
          benefit of the quota , the Member State concerned shall
          inform      the   Commission       and    draw      an   amount
          corresponding to these requirements to the extent that the
          available balance of the reserve permits this .
        5 . The shares drawn pursuant to paragraph 4 shall be
          valid until the end of the quota period .
                                     Article 2
        1 . Member States shall take all appropriate measures to
        ensure that their drawings pursuant to Article 1 ( 4 ) are
        carried out in such a way that imports may be charged
        without interruption against their accumulated shares of
        the Community quota .
( 1 ) 0J No L 119 , 8.5.1986 , p.46 .
 ---pagebreak---               2 . Each Member State shall ensure that importers of the
              said goods have access to the quota so long as the residual
              balance of the quota volume so permits.
              3 . Member States shall charge imports of the said goods
              against their drawings as and when the goods are entered
              for free circulation .
             4. The extent to which the quota has been used up shall
             be determined on the basis of the imports charged in
             accordance with paragraph 3 .
                                      Article 3
             At the request of the Commission , Member States shall
             inform it of imports actually charged against the quota .
                                     Article 4
            The Member States and the Commission shall collaborate
            closely in order to ensure that this Regulation is complied
            with .
                                     Article 5
      This Regulation shall enter into force on the day
      following that of its publication in the Official
      Journal of the European Communities ,
      It shall apply from 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                    For the Council
                                                  *
                                                •_ «
                                            ji ~r                     The President
 ---pagebreak---                                                                                    yy
                                          Proposal for a
                      COUNCIL REGULATION ( EEC )
                 establiijno a Community supervision for the
                   imports of certain agricultural products
                           originating in the Canary Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Regulation ( EEC ) No . . . ./ 87 concerning certain
adjustments to the system applicable to the Canary Islands ( 1 ), and in
particular articles 3 , 5 and 9 thereof ,
Having regard to the proposal from the Commission ,
Whereas in the abovementioned Regulation ( EEC ) No . . . ./ 87 the Council has
decided for certain agricultural products , originating in the Canary
Islands a progressive reduction of the customs duties applicable in the
limits of reference quantities with the possibility for the Community
to replace in future the facilities by a system of tariff quotas if it
should appear that the under the preferential system imported quantities
exceed , during the course of a determined year,/^ reference quantities
laid down , and if simultaneously these imports cause damage on the
Community market ; whereas the application of such a system demands that the
Community is regularly informed of the development of these imports
originating in the Canary Islands ; whereas it is therefore indicated to
submit the imports of these products to a system of supervision ;
                  Whereas this objective may be achieved by means of an          ;
                  administrative procedure based on setting off imports of
                  the products in question against the reference quantities at Community
                  level , as and when these products are entered with customs
                  authorities for free circulation ;
                  Whereas this administrative procedure requires close and
                  particular!) rapid cooperation between the Member Slates
                  and     the  Commission ;    whereas the     latter must ,  in
                  particular, lx1 able to follow the progress of amounts set off
                  against the reference quantities and keep the Member States
informed ;
 ( 1 ) OJ No L
 ---pagebreak---                     HAS ADOPTED THIS REGULATION:
                                               Article 1
                     1.           Until      31 December 1987 , imports into the
                    Community                 of certain goods originating in
       the Canary Islands shall be subject to Communityfer pervision
       and to annual reference quantities .
                     The description of the goods referred to in the preceding
                     subparagraph , their order numbers , their tariff
      headings and statistical numbers and the levels and period^
      of application of the reference quantities are indicated
      in the annexed tabel .
                        2. Quantities shall be charged against the reference, quantities
                        as and
                        when p: oducts arc entered with customs authorities for free
                        circulation and accompanied by a movement certificate .
       If the movement certificate is susbmitted "a posteriori "
      the goods are charged against the corresponding reference
      quantity at the moment when the goods are entered for
      free circulation .
                         The extent to which t he reference quantities are
      used up shall be determined at Community level on the
      basis of the imports charged against them in the
      manner defined in the preceding subparagraphs .
The Member States shall periodically inform the Commission of
imports effected in accordance with the above rules ; such
information shall be supplied under the conditions laid down
in paragraph 3 .
3 . Member States shall forward to the Commission not later than :
- the 15 June 1987 statements of the amounts set off for the period
   up to 31 March, 30 April or 31 May 1987 .
- the 15th day of each following month statements of the amounts set
   off during the preceding month , for the products mentioned under
   order no 17.00 01 .
                                                  Article d
                        The Member States and the Commission shall cooperate
                        closely to ensure that this Regulation is complied with.
                                           1      Article 3
                        This Regulation shall enter into force ,    On 1 June        1987 .
                        It shall apply from 1                January 1987 .
    Ibis Regulation shall be binding in its entirety and directly applicable in all Member
    States.
    Done at Brussels ,
                                                                            For the Council
                                                                              The President
 ---pagebreak---                                 ANNEX
          CCT                                                   Reference
 Order                                             NIMEXE-
  No
        heading           Description                 Code
                                                                quanti ty
          No                                                    ( tonnes )
           08.01 Dates , bananas , coconuts ,
                 Brazil nuts , cashew nuts ,
                 pineapples , avocados , mangoes ,
                 guavas and mangosteens , fresh
                 or dried , shelled or not :
17.0001          D. Avocados , fpçjm 1 January         08.01-60     2 100
                    to 31 December
        ex 08.09 Other fruit , fresh :
17.0003          - melons weighing 600 grams       ex 08.09-19        100
                   or less
                   from 1 January
                   to 31 March
17.0005          - kiwis , from 1 January          ex 08.09-50
                                                   ex  08.09-50       100
                                                                      100
                   to 30 Apri l
 ---pagebreak---                  FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
   I. Quelle est la justification principale de la mesure?
       Engagement de la Communauté et décision complémentaire du
       Conseil .
  II . Caractéristiques des entreprises concernées : Néant
       En particulier :
       - Y a-t-il un grand nombre de FME ?
       - note t' on des concentrations dans des régions :
         - éligibles aux aides régionales des E.M. ?
         - éligibles au Feder ?
III . Quelles sont les obligations imposées directement aux entreprises ?
       Néant .
  IV. Quelles sont les obligations susceptibles d' être imposées
       indirectornent aux entreprises via les autorités locales ?
       Néant .
   V. Y a-t-il des mesures spéciales pour les PME ? Non
       - Lesquelles ?
 VI . Quel est l' effet prévisible ?
       - sur la compétitivité des entreprises ? Négligeable
       - sur l' emploi ? Maintien ou amélioration de l' emploi .
VII . Les partenaires sociaux ont-ils été consultés ? Non
       - avis des partenaires sociaux .