CELEX: 31986R4047
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4047/86 of 22 December 1986 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)

No L 377 / 20                              Official Journal of the European Communities                                   31 . 12 . 86
                                           COUNCIL REGULATION (EEC) No 4047 / 86 ^
                                                        of 22 December 1986
                  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 ,                             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 be quotas
                                                                      have been used up ; whereas, having regard to the principles
Having regard to the Act of Accession of Spain and                    mentioned above, the Community nature of the quotas can
Portugal (*), and in particular Article 4 of Protocol 2               be respected by allocating the Community tariff quotas
annexed thereto ,                                                     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
Having regard to the proposal from the Commission ,                   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
Whereas the Treaty and the Acts of the Institutions of the            representative reference period and also to the economic
European Communities apply to the Canary Islands                      outlook for the quota period in question;
according to the conditions provided for in Article 25 of
the Act of Accession and in Protocol 2 annexed to the
said Act;
                                                                      Whereas , during the last three years for which statistics are
                                                                      available , the corresponding imports into each of the
Whereas according to Article 4 of Protocol 2 annexed                  Member States represent the following percentages of the
to the Act of Accession, fresh flowers falling within                 imports into the Community of the products in question
subheading 06.03 A of the Common Customs Tariff,                      originating in the Canary Islands:
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
roses , carnations , orchids , gladioli and chrysanthemums to             chrysanthemums:
85 460 000 pieces and for the other flowers to 597 tonnes ;
whereas for 1987 the duties to be applied in the limits of
                                                                                     Member States          1983     1984       1985
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                  Benelux                           6,2      5,9
                                                                           Denmark
which is included in the customs territory of the
Community they will qualify for exemption from customs                     Germany                          36,6     25,2       34,3
                                                                           Greece
duties ; whereas , when the products are imported into                     Spain                            43,0     61,5      46,7
Portugal , the quota duties applicable must be calculated on              France                             3,7      1,1         1,8
the basis of the provisions referred to in the Act of                      Ireland
Accession ; whereas to benefit from the tariff quota the                   Italy                             0,9      0,4         1,3
products in question must comply with certain marking                     Portugal
and labelling conditions to prove their origin ; whereas                   United Kingdom                    9,6      5,9      15,9
these Community tariff quotas should be opened for 1987 ,
with the validity of this Regulation being limited , however ,
to the period 1 January to 31 March 1987 , which precedes             — Other flowers :
the entry into force of the definitive tariff regime to be
adopted in this field; whereas , therefore , provision should                        Member States          1983     1984      1985
be made for the quantities imported under this Regulation
to be deducted from the quota volume amounts adopted                      Benelux                           44,2     25,2      16,5
under the definitive regime ;                                             Denmark
                                                                          Germany                           14.0      7,1       4,8
                                                                          Greece
Whereas it is in particular necessary to ensure for all                   Spain                             40.1     66,9      76,7
Community importers equal and uninterrupted access to                     France                             0,6                 0,5
                                                                          Ireland
                                                                          Italy                              1,1      0,8        1,3
                                                                          Portugal
                                                                          United Kingdom                                        0,2
0 ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                                        No L 377 / 21
Whereas , in view of these factors and of the foreseeable                   Whereas the Member States' initial shares may be used up
market trends of the products in question, initial shares of                 at different times ; whereas , in order to take this fact into
the quota volumes may be fixed in a first phase                              account and avoid any break in continuity , any Member
approximately at the following percentage :                                 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
                                             Roses ,                         as and when each of its additional shares is almost used up ,
                                           carnations ,
             Member States             orchids, gladioli
                                                              Other          and repeated as many times as the reserve allows; whereas
                                                             flowers         the initial and additional shares must be valid until the end
                                               and
                                       chrysanthemums                        of the quota period ; whereas this method of administration
                                                                            requires close cooperation between the Member States and
Benelux                                         6,0             33          the Commission and the latter must be in a position to
Denmark                                         0,1              1           monitor the extent to which the quota amounts have been
Germany                                       31,0               9           used up and to inform Member States thereof;
Greece                                          0,1              1
Spain                                         52,6              51
                                                                 1
                                                                            Whereas , since the Kingdom of Belgium , the Kingdom of
France                                          2,6
Ireland                                         0,1              1
                                                                             the Netherlands and the Grand Duchy of Luxembourg are
Italy                                           0,5              1           united within and jointly represented by the Benelux
Portugal                                        0,1              1          Economic Union , any operation relating to the
United Kingdom                                  6,9              1          administration of the quota shares allocated to that
                                                                             economic union may be carried out by any of its
                                                                             members ,
Whereas , in order to take into account import trends for
the products concerned in the various Member States , each                  HAS ADOPTED THIS REGULATION :
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                                                     Article 1
requirements of the Member States which have used up
their initial quota shares ; whereas , in order to give                      1 . From 1 January to 31 March 1987 on import into the
importers in each Member State a certain degree of                           Community the duties of the Common Customs Tariff
security , the first instalment of the Community quotas                      applicable for the following products shall be suspended at
should , under the circumstances , be fixed at 80 %                         the levels and within the limits of Community tariff quotas
respectively of the quota volumes ;                                          as follows :
                         CCT
                                                                                                               Quota
    Order No           heading                                       Description                              volumes         Quota duties
                          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 , originating
                                         in the Canary Islands :
                                        ex A. Fresh :
                                                                                                                            -   12,7 %
    09.0431                                       — Roses , carnations , orchids , gladioli ,       and     85 460 000
                                                        chrysanthemums                                         pieces
    09.0433                             ex A. Fresh :
                                                  — Other flowers                                           597 tonnes    -
The products qualify , within the limits of these tariff                    Regulation cannot qualify under the tariff quotas unless , at
quotas, for exemption from customs duties when they are                     the time of their presentation to the autorities responsible
imported into that part of Spain which is included in the                   for the import formalities for the purposes of release into
customs territory of the Community .                                        free circulation in the customs territory of the Community,
                                                                            they are presented in packaging which bears the words
Within the limits of these tariff quotas , Portugal shall apply             'Canary Islands', or the equivalent thereof in another
customs duties calculated according to the provisions in                    official Community language, in a clearly visible and
question of the Act of Accession and the Regulations                        perfectly legible form .
relating thereto .
2 . Without prejudice to the provisions applicable as                       3 . The quantities imported under the tariff quotas
regards quality standards , products covered by this                        referred to in paragraph 1 shall be deducted from the
 ---pagebreak---  No L 377 / 22                                  Official Journal of the European Communities                                    31 . 12 . 86
annual quota volume amounts adopted under the definitive                   This process shall continue until the reserve is used up .
tariff regime which will come into force on 1 April 1987 .
                                                                           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                           Member State may draw shares smaller than those fixed in
                             Article 2                                     those paragraphs if there is reason to believe that they
                                                                           might not be used up . It shall inform the Commission of its
 1 . The tariff quotas laid down in Article 1 shall be divided             reasons for applying this paragraph .
into two instalments .
 2 . A first instalment of each Community tariff quota                                                 Article 4
 mentioned in Article 1 shall be shared among the Member
 States; the shares which shall be valid until 31 March 1987               The additional shares drawn pursuant to Article 3 shall be
 shall be as follows :                                                     valid until 31 March 1987 .
                                — ex 06.03 A —
                                roses , carnations , — ex 06.03 A —
                                                                                                       Article 5
                                 gladioli, orchids           other
          Member States
                                        and                flowers
                                 chrysanthemums           ( tonnes)        The Commission shall keep an account of the shares
                                     (pieces)                              opened by the Member States pursuant to Articles 2 and 3
                                                                           and , as soon as it is notified , shall inform each State of the
Benelux                             4 100   000              158
Denmark                                  70 000                 5
                                                                           extent to which the reserves have been used up .
Germany                            21 200   000               43
Greece                                   70 000                 5
Spain                              35 980   000              244           It shall ensure that the drawing which exhausts any reserve
France                              1 780   000                 5          does not exceed the balance available and, to this end , shall
Ireland                                  70 000                 5          notify the amount of that balance to the Member State
Italy                                  340  000                 5          making the last drawing.
Portugal                                 70 000                 5
United Kingdom                      4 720 000                   5
                                                                                                       Article 6
3 . The second instalment of each quota , i.e. 17 060 000
pieces and 117 tonnes respectively , shall constitute the                  1 . The Member States shall take all measures necessary to
corresponding reserves .                                                   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 .
                             Article 3
 1.   If 90 % or more of a Member State's initial share as                 2 . The Member States shall ensure that importers of the
specified in Article 2 (2) has been used up , then to the                  products in question have free access to the shares allocated
                                                                           to them .
extent permitted by the amount of the reserve , that
Member State shall forthwith , by notifying the
Commission , draw a second share equal to 10 % of its
initial share, rounded up where necessary to the next                      3 . The Member states shall charge the imports of the
unit .                                                                     products concerned against their shares as and when the
                                                                           products are entered with customs authorities for free
                                                                           circulation .
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                4 . The extent to which a Member State has used up its
with the conditions laid down in paragraph 1 , draw a third                share shall be determined on the basis of the imports
share equal to 5 % of its initial share, rounded up where                  charged in accordance with paragraph 3 .
necessary to the next unit.
3 . If, after one of its second shares has been used up ,                                              Article 7
90 % or more of the third share drawn by a Member State
has been used up, that Member State shall , in accordance                  At the Commission's request, the Member States shall
with the conditions laid down in paragraph 1 , draw a                      inform it of imports of the products concerned actually
fourth share equal to the third.                                           charged against their shares.
 ---pagebreak--- 31 . 12 . 86                            Official Journal of the European Communities                            No L 377 / 23
                          Article 8                                                        Article 10
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .          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