CELEX: 31987R1492
Language: en
Date: 1987-05-26 00:00:00
Title: Council Regulation (EEC) No 1492/87 of 26 May 1987 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)

30 . 5 . 87                                      Official Journal of the European Communities                              No L 140 / 15
                                                 COUNCIL REGULATION ( EEC) No 1492 / 87
                                                                  of 26 May 1987
                      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 annual tariff quotas as provided for in the
                                                                             abovementioned Protocol 2 ; whereas the tariff quotas
                                                                             should be opened for the whole of 1987 , while taking into
                                                                             account on the one hand the amendment to the quota
Having regard to the Act of Accession of Spain and                           volume laid down for roses , carnations , orchids , gladioli
Portugal (*), and in particular Article 4 of Protocol 2                      and chrysanthemums , and on the other hand the necessity
annexed thereto ,                                                            to provide for the deduction of quantities imported during
                                                                             the first five months of 1987 under Regulation ( EEC ) No
                                                                             4047 / 86 from the quota volumes opened by this
                                                                             Regulation ;
Having regard to the proposal from the Commission ,
                                                                            Whereas it is in particular necessary to ensure for all
Whereas according to Article 4 of Protocol 2 annexed                        Community importers equal and uninterrupted access to
to the Act of Accession fresh flowers falling within                        the abovementioned quotas and uninterrupted application
subheading 06.03 A of the Common Customs Tariff,                            of the rates laid down for these quotas to all imports of the
originating in the Canary Islands , may be imported into the                products concerned into all Member States until the quotas
Community within the limits of Community tariff quotas                      have been used up ; whereas , having regard to the principles
at reduced duties; whereas the quota volumes amount for                     mentioned above , the Community nature of the quotas can
roses , carnations , orchids , gladioli and chrysanthemums to               be respected by allocating the Community tariff quotas
85 460 000 pieces and for the other flowers to 597 tonnes ;                 among the Member States ; whereas , in order to reflect as
whereas under Article 2 of Council Regulation ( EEC ) No                    accurately as possible the true trend of the market in the
1391 / 87 of 18 May 1987 , concerning certain adjustments                   products in question , such allocation should be in
to the arrangements applied to the Canary Islands ( 2 ), the                proportion to the requirements of the Member States
quota volume laid down for roses , carnations , orchids ,                   calculated by reference to the statistics for imports of the
gladioli and chrysanthemums has been increased to                           said products originating in the Canary Islands over a
87 500 000 pieces ;                                                         representative reference period and also to the economic
                                                                            outlook for the quota period in question ;
Whereas for 1987 the duties to be applied in the limits of
these tariff quotas are equal to 75 % of the duties of the                  Whereas , during the last three years for which statistics are
Common Customs Tariff; whereas , however , when the                          available , the corresponding imports into each of the
products in question are imported into that part of Spain                   Member States represent the following percentages of the
which is included in the customs territory of the                           imports into the Community of the products in question
Community they will qualify for exemption from customs                      originating in the Canary Islands :
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                    — roses , carnations , orchids , gladioli and chrysan­
                                                                                 themums :
products in question must comply with certain marking
and labelling conditions to prove their origin ; whereas
these Community tariff quotas should be opened for 1987 ;                                                                  1984     1985
                                                                                            Member States         1983
Whereas by Regulation ( EEC ) No 4047 / 86 ( 3 ), as                             Benelux                           6,2       5,9
                                                                                 Denmark
amended by Regulation ( EEC ) No 914 / 87 ( 4 ), the Council                                                       —        —        —
                                                                                 Germany                          36,6     25,2     34,3
has opened for the period 1 January to 31 May 1987                               Greece                            —        —        —
                                                                                 Spain                            43,0     61,5    46,7
                                                                                 France                            3,7       1,1     1,8
                                                                                 Ireland                        l-I         —
                                                                                                                                     1,3
(>)  OJ  No  L 302 , 15 .   11 . 1985 , p. 23 .                                  Italy                             0,9       0,4     —
(2 ) OJ  No  L 133 , 22 .   5 . 1987 , p. 5                                      Portugal                          —        —        —
(3)  OJ  No  L 377 , 31 .   12 . 1986 , p . 20 .                                 United Kingdom                    9,6      5,9     15,9
H    OJ  No  L 89 , 1 . 4 . 1987 , p. 4 .
 ---pagebreak--- No L 140 / 16                            Official Journal of the European Communities                                   30 . 5 . 87
— other flowers:                                                    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
               Member States         1983        1984      1985     State which has almost used up its initial quota shares
                                                                    should draw an additional share from the corresponding
     Benelux                         44,2        25,2      16,5     reserve ; whereas this must be done by each Member State
     Denmark                          —           —         —
                                                                    as and when each of its additional shares is almost used up ,
     Germany                         14,0         7,1        4,8    and repeated as many times as the reserve allows ; whereas
     Greece                           —           —         —
                                                                    the initial and additional shares must be valid until the end
     Spain                           40,1        66,9      76,7     of the quota period ; whereas this method of administration
     France                            0,6                   0,5
                                                                    requires close cooperation between the Member States and
                                                  —
     Ireland                          —           —
                                                                    the Commission and the latter must be in a position to
                                                            —
     Italy                             1,1        0,8        1,3
     Portugal                         —           —         —
                                                                    monitor the extent to which the quota amounts have been
     United Kingdom                   —           —
                                                            0,2     used up and to inform Member States thereof;
Whereas , in view of these factors and of the foreseeable
market trends of the products in question , initial shares of       Whereas , if, at a given date in the quota period , a
the quota volumes may be fixed in a first phase                     substantial quantity remains unused in any Member State ,
approximately at the following percentage :                         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 ;
                                     Roses , carnations ,
                                           orchids ,       Other
              Member States
                                         gladioli and     flowers
                                      chrysanthemums
Benelux                                       6,0            33
Denmark                                       0,1             1
                                                                    Whereas , since the Kingdom of Belgium , the Kingdom of
Germany                                     31,0              9     the Netherlands and the Grand Duchy of Luxembourg are
Greece                                        0,1             1     united within and jointly represented by the Benelux
Spain                                       52,6             51     Economic Union , any operation relating to the
France                                        2,6             1     administration of the quota shares allocated to that
Ireland                                       0,1             1     economic union may be carried out by any of its
Italy                                         0,5             1     members ,
Portugal                                      0,1             1
United Kingdom                                6,9             1
                                                                    HAS ADOPTED THIS REGULATION :
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                                           Article 1
requirements of the Member States which have used up
their initial quota shares ; whereas , in order to give             1 . ( a ) Until 31 December 1987 the duties of the Common
importers in each Member State a certain degree of                            Customs Tariff applicable on the import into the
security , the first instalment of the Community quotas                       Community for the following products shall be
should , under the circumstances , be fixed at about 78 or                    suspended at the levels and within the limits of
80 % of the quota volumes ;                                                   Community tariff quotas as follows :
 ---pagebreak---  30 . 5 . 87                                          Official Journal of the European Communities                                       No L 140 / 17
                             CCT
        Order                                                                                                             Quota             Quato
         No
                            heading                                           Description                                volumes            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 :
                                                                                                                                        From 1 June
                                                    ex A. Fresh :                                                                       to 31 October :
                                                                                                                                        18 %
     09.0432                                                — Roses , carnations , orchids , gladioli , and
                                                                  chrysanthemums originating in the Canary            87 500 000      >
                                                                  Islands                                                pieces
                                                                                                                                        From
                                                    ex A. Fresh :
                                                                                                                                        1 November to
     09.0434                                                — Other flowers originating in the Canary                                   31 December :
                                                                  Islands                                              597 tonnes
                                                                                                                                    -
                                                                                                                                        12,7 %
      ( b ) The products qualify , within the limits of these                         3 . The second instalment of each quota , i.e. 19 100 000
            tariff quotas , for exemption from customs duties                        pieces and 117 tonnes respectively , shall constitute the
            when they are imported into that part of Spain                            corresponding reserves .
            which is included in the customs territory of the
            Community .
      ( c) Within the limits of these tariff quotas , Portugal                       4 . The quantities charged against the shares allocated to
            shall apply customs duties calculated according to                       the Member States in accordance with Article 2 ( 2 ) of
            the provisions in question of the Act of Accession                       Regulation ( EEC ) No 4047 / 86 or drawn by those States
            and the Regulations relating thereto .                                   from the Community reserves constituted under Article 2
                                                                                     ( 3 ) of this Regulation shall be deducted from the shares and
 2 . Without prejudice to the provisions applicable as                               reserves provided for in this Article .
 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 ,                                                     Article 3
they are presented in packaging which bears the words
'Canary Islands', or the equivalent thereof in another                               1.    If 90 % or more of a Member State's initial share as
official Community language , in a clearly visible and                               specified in Article 2 ( 2 ), or 90 % of that share minus the
perfectly legible form .                                                             portion returned to the corresponding reserve where
                                                                                     Article 5 has been applied , has been used up , then , to the
                               Article 2
                                                                                     extent permitted by the amount of the reserve , that
                                                                                     Member State shall forthwith , by notifying the
 1 . The tariff quotas laid down in Article 1 shall be divided                       Commission , draw a second share equal to 10 % of its
into two instalments .
                                                                                     initial share , rounded up where necessary to the next
                                                                                     unit .
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 1987 shall be as follows :
                                                                                     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
                                  — ex 06.03 A —
                                                           — ex 06.03 A —
                                                                                     been used up , then that Member State shall , in accordance
                                  roses , carnations ,
                                          gladioli                 other
                                                                                     with the conditions laid down in paragraph 1 , draw a third
           Member States
                                      orchids and                 flowers            share equal to 5 % of its initial share , rounded up where
                                   chrysanthemums              ( in tonnes )         necessary to the next unit .
                                       ( in pieces )
Benelux                                4 100 000                    158
Denmark                                     70 000                     5
Germany                              21 200 000                      43              3 . If, after one of its second shares has been used up ,
Greece                                      70 000                     5             90 % or more of the third share drawn by a Member State
Spain                                35 980 000                     244              has been used up , that Member State shall , in accordance
France                                 1 780 000                       5             with the conditions laid down in paragraph 1 , draw a
Ireland                                     70 000                     5             fourth share equal to the third .
Italy                                      340 000                     5
Portugal                                    70 000                     5
United Kingdom                        4 720 000                        5
                                                                                     This process shall continue until the reserve is used up .
 ---pagebreak--- No L 140 / 18                               Official Journal of the European Communities                                   30 . 5 . 87
4 . By way of derogation from paragraphs 1 , 2 and 3 , a               It shall ensure that the drawing which exhausts any reserve
Member State may draw shares smaller than those fixed in               does not exceed the balance available and , to this end , shall
those paragraphs if there is reason to believe that they               notify the amount of that balance to the Member State
might not be used up . It shall inform the Commission of its           making the last drawing.
reasons for applying this paragraph .
                                                                                                  Article 7
                            Article 4                                  1 . The Member States shall take all measures necessary to
                                                                       ensure that additional shares drawn pursuant to Article 3
The additional shares drawn pursuant to Article 3 shall be             are opened in such a way that imports may be charged
valid until 31 December 1987 .                                         without interruption against their accumulated shares of
                                                                       the tariff quota .
                                                                       2 . The Member States shall ensure that importers of the
                            Article 5                                  products in question have free access to the shares allocated
                                                                       to them .
The Member States shall notify the Commission , not later
than 1 October 1987 such unused portion of their initial               3 . The Member States shall charge the imports of the
share as , on 15 September 1987 is in excess of 20 % of the            products concerned against their shares as and when the
initial volume . They may return a larger quantity if there            products are entered with customs authorities for free
                                                                       circulation .
are grounds for believing that this quantity may not be
used .
                                                                       4 . The extent to which a Member State has used up its
The Member States shall notify the Commission , not later              share shall be determined on the basis of the imports
than 1 October 1987 of the total quantities of the products            charged in accordance with paragraph 3 .
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial                                       Article 8
shares returned to the reserve .
                                                                       At the Commission's request , the Member States shall
                                                                       inform it of imports actually charged against their shares .
                            Article 6
                                                                                                  Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3               The Member States and the Commission shall cooperate
and , as soon as it is notified , shall inform each State of the       closely to ensure that this Regulation is complied with .
extent to which the reserves have been used up .
It shall inform the Member States , not later than 5 October                                     Article 10
1987 of the amount in each reserve after quantities have
been returned thereto pursuant to Article 5 .                          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 , 26 May 1987 .
                                                                                          For the Council
                                                                                           The President
                                                                                      P. DE KEERSMAEKER