CELEX: 31986R4128
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4128/86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco falling within heading No 24.02 of the Common Customs Tariff and processed in the Canary Islands (1987)

No L 380 / 56                               Official Journal of the European Communities                                          31 . 12 . 86
                                           COUNCIL REGULATION ( EEC ) No 4128 / 86
                                                         of 22 December 1986
                   opening, allocating and providing for the administration of Community tariff quotas for
                   certain types of manufactured tobacco falling within heading No 24.02 of the Common
                                      Customs Tariff and processed in the Canary Islands ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              products concerned processed in the Canary Islands over a
                                                                       representative reference period and also to the economic
                                                                       outlook for the quota period in question ;
Having regard to the Act of Accession of Spain and
Portugal ( 1 ), and in particular Article 2 of Protocol No 2
thereto ,                                                              Whereas , during the last three years for which statistics are
                                                                       available , imports into each of the Member States were as
                                                                       follows :
Having regard to the proposal from the Commission ,
                                                                                Member States
                                                                                                     24.02 A cigarettes       24.02 B cigars
Whereas Article 2 of Protocol No 2 and Article 10 of                                                  ( million items )    ( thousand items )
Protocol No 3 to the Act of Accession stipulate that , as                                           1982    1983    1984  1982     1983  1984
from 1 January 1986 , manufactured tobacco falling within
heading No 24.02 of the Common Customs Tariff and                      Benelux                                           1 140 468 1 276
processed in the Canary Islands is to be exempt , in the               Denmark                     -l                    -|
customs territory of the Community , from customs duties               Germany                        —       —      —
                                                                                                                               17   —     —
                                                                       Greece
within the limit of annual Community tariff quotas ;
                                                                       Spain                            on average             on average
whereas this tariff preference is applicable only to products                                        19 400 per year 312 300 per year
of which there have been imports in the last five years ;              France                      -|              |-I            |-I    208
whereas , calculated on the basis of the said Article 2 , the          Ireland                     -i                             -l
quota volumes for cigarettes falling within subheading                 Italy                                             -|
24.02 A of the Common Customs Tariff and cigars falling                Portugal                                    |-!            |-!
within subheading 24.02 B of the Common Customs Tariff                 United Kingdom                 —       —      —         38     9       5
amount to 19 400 million and 316,3 million items
respectively ; whereas there are no imports of other
products falling within heading No 24.02 of the Common
Customs Tariff; whereas the tariff quotas in question
should therefore be opened for 1987 ;                                  Whereas , during the last three years , the products in
                                                                       question where imported only by certain Member States
                                                                       and not at all by the other Member States ; whereas , under
                                                                       these circumstances , initial shares should be allocated to
Whereas rules should be laid down to cover the marking of
the products concerned ;                                               the importing Member States and the other Member States
                                                                       should be guaranteed access to the benefit of the tariff
                                                                       quotas upon imports into those States of the products
                                                                       concerned being notified ; whereas these arrangements for
Whereas it is in particular necessary to ensure for all                allocation will equally ensure the uniform application of
Community importers equal and uninterrupted access to                  the Common Customs Tariff;
the abovementioned quotas and uninterrupted application
of the rates laid down for these quotas to all imports of the
products concerned in all Member States until the quotas
have been used up ; whereas, having regard to the principles           Whereas , in order to take into account import trends for
mentioned above , the Community nature of the quotas can               the products concerned in the various Member States , each
be respected by allocating the Community tariff quotas                 quota should be divided into two instalments , the first
among the Member States; whereas , in order to reflect as              being shared among certain Member States and the second
accurately as possible the true trend of the market in the             constituting a reserve to cover the subsequent requirements
products in question , such allocation should be in                    of these Member States where they have used up their
proportion to the requirements of the Member States ,                  initial shares and any additional requirements which might
calculated by reference to the statistics for imports of the           arise in the other Member States ; whereas , in order to give
                                                                       importers in each Member State a certain degree of
                                                                       security , it is appropriate to fix the first instalment of the
                                                                       Community quotas at a level which , in the circumstances ,
                                                                       could be 95 and 99 % respectively of each of the quota
0 ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .                             volume ;
 ---pagebreak---  31 . 12 . 86                                 Official Journal of the European Communities                                  No L 380 / 57
 Whereas , the Member States' initial shares may be used up               prevent a part of any tariff quota from remaining unused in
 at different times ; whereas , in order to take this fact into            one Member State when it could be used in others ;
 account and avoid any break in continuity , any Member
 State which has almost used up its initial quota shares                   Whereas , since the Kingdom of Belgium , the Kingdom of
 should draw an additional share from the corresponding                   the Netherlands and the Grand Duchy of Luxembourg are
 reserve ; whereas this must be done by each Member State                  united within and jointly represented by the Benelux
 as and when each of its additional shares is almost used up ,             Economic Union , any operation relating to the
 and repeated as many times as the reserve allows ; whereas                administration of the quota shares allocated to that
 the initial and additional shares must be valid until the end            economic union may be carried out by any of its
 of the quota period ; whereas this method of administration              members ;
 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                  HAS ADOPTED THIS REGULATION :
 used up and to inform Member States thereof;
                                                                                                        Article 1
                                                                          1 . From 1 January to 3l December 1987 , the Common
 Whereas , if at a given date in the quota period , a                     Customs tariff duties applicable to imports of the products
 substantial quantity remains unused in any Member State ,                listed below shall be suspended at the levels , and within the
 it is essential that that Member State should return a                   limits of the Community tariff quotas , indicated in respect
 significant proportion to the corresponding reserve to                   of each of them :
                  Common
                                                                                                         Volume
       Order      Customs                                                                                                    Quota
      Number       Tariff
                                                           Description                                   of quota            duties
                                                                                                     ( million items )
                 Heading No
     09.0401      24.02 A       Cigarettes , manufactured in the Canary Islands                         19 400                free
     09.0403      24.02 B       Cigars , manufactured in the Canary Islands                                  316,3            free
 2 . Products covered by this Regulation cannot qualify                   3 . The second instalment of each quota , that is
 under the quotas unless , when they are presented to the                 970 million items 24.02 A of the Common Customs Tariff
 authorities responsible for the import formalities for the               and 3,3 million items 24.02 B of the Common Customs
purposes of release into free circulation in the customs                  Tariff respectively , shall constitute the corresponding
territory of the Community , they are presented in                        reserve .
packaging bearing the words , in clearly visible and
perfectly legible characters , 'Manufactured in the Canary                4 . If an importer notifies the imminent import of the
Islands', or a translation thereof in another official                    products in question into the other Member States and
Community language .                                                      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
                            Article 2
                                                                          that the available balance of the reserve so permits .
 1 . The tariff quotas laid down in Article 1 shall be divided
into two instalments .                                                                                 Article 3
                                                                          1.   If 90 % or more of a Member State's initial share as
2 . A first instalment of each quota shall be shared among                specified in Article 2 ( 2 ), or 90 % of that share minus
certain Member States ; the respective shares , which ,                   the portion returned to the corresponding reserve where
subject to Article 5 , shall be valid until 31 December 1987 ,            Article 5 has been applied , has been used up , then to the
shall be as follows :                                                     extent permitted by the amount of the reserve , that
( a ) 24.02 A of the Common Customs Tariff: cigarettes                    Member State shall forthwith , by notifying the
                                                                          Commission , draw a second share equal to 10 % of its
      Spain :                       18 430 million items ;                initial share , rounded up where necessary to the next
( b ) 24.02 B of the Common Customs Tariff: cigars                        unit .
      Benelux :                          1,4 million items
      Spain :                        311,0 million items                  2 . If, after one of its initial shares has been used up , 90 %
      France :                           0,3 million items                or more of the second share drawn by a Member State has
      United Kingdom :                   0,3 million items .              been used up , then that Member State shall , in accordance
 ---pagebreak--- No L 380 / 58                               Official Journal of the European Communities                                  31 . 12 . 86
with the conditions laid down in paragraph 1 , draw a third            It shall inform the Member States , not later than
share equal to 5 % of its inital share , rounded up where              20 November 1987 of the amount in each reserve after
necessary to the next unit .                                           quantities have been returned thereto pursuant to
                                                                       Article 5 .
3 . If, after one of its second shares has been used up ,
90 % or more of the third share drawn by a Member State                It shall ensure that the drawing which exhausts any reserve
has been used up , that Member Stat^ shall , in accordance             does not exceed the balance available and , to this end , shall
with the conditions laid down in paragraph 1 , draw a                  notify the amount of that balance to the Member State
fourth share equal to the third .                                      making the last drawing .
This process shall continue until the reserve is used up .
                                                                                                  Article 7
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in               1 . The Member States shall take every measure necessary
those paragraphs if there is reason to believe that they               to ensure that additional shares drawn pursuant to
might not be used up . It shall inform the Commission of its           Article 3 are opened in such a way that imports may be
reasons for applying this paragraph .                                  charged without interruption against their accumulated
                                                                       shares of the tariff quota .
                            Article 4
                                                                       2 . The Member States shall ensure that importers of the
                                                                       products in question have free access to the shares allocated
                                                                       to them .
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
                                                                       3 . Member States shall charge imports of the products in
                                                                       question against their shares as and when the products are
                                                                       entered with the customs authorities for free circulation .
                            Article 5
                                                                       4 . The extent to which a Member State has used up its
The Member States shall return to the reserve , not later              shares shall be determined on the basis of the imports of
than 15 November 1987 , such unused portion of their                   the products concerned processed in the Canary Islands
initial share as , on 1 November 1987 is in excess of 20 %             and charged in accordance with paragraph 3 .
of the initial volume . They may return a larger quantity if
there are grounds for believing that this quantity may not
be used .                                                                                         Article 8
The Member States shall notify the Commission , not later              At the Commission's request , the Member States shall
than 15 November 1987 of the total quantities of the                   inform it of imports of the products concerned actually
products in question imported up to 1 November 1987 and                charged against their shares .
charged against the tariff quota and of any quantity of the
initial shares returned to the reserve .
                                                                                                  Article 9
                                                                       The Member States and the Commission shall cooperate
                            Article 6                                  closely to ensure that this Regulation is complied with .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3                                         Article 10
and , as soon as it is notified , shall inform each State of the
extent to which the reserves have been used up .                       This Regulation shall enter into force on 1 January 1987 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 22 December 1986 .
                                                                                             For the Council
                                                                                              The President
                                                                                                G. SHAW