CELEX: 51987PC0478
Language: en
Date: 1987-10-19
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for fresh table grapes falling within No ex 0806 10 15 of the Combined Nomenclature and originating in the Canary Islands (1988) (presented by the Commission)

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DOCUMENTS "COM"
COM (87) 478
Vol. 1987/0242
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(87 ) 478 final
                                                           Brussels , 19 October 1987
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
opening and providing for the administration of a Community tariff quota
     for fresh table grapes falling within No ex 0806 10 15 of the
               Combined Nomenclature and originating in the
                            Canary Islands ( 1988 )
                       ( presented by the Commission )
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C0M(87 ) 478 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 . By virtue of Article 5 of Regulation ( EEC ) No 1391 /87 , fresh table
     grapes falling within No ex 0806 10 15 of the Combined Nomenclature
    and originating in the Canary Islands qualify during the period 1
    January to 31 March on inport into the custans territory of the
    Comnunity for reduced duties within the limit of a Comnunity tariff
    quota of 100 tonnes .
    VJhere these products are imported into that part of Spain which is
     included in the custans territory of the Conmunity, they qualify for
    exemption from customs duties and are not subject to observance of
    the reference price .
    vJhere these products are imported into Portugal , the duties
    applicable are to be calculated in accordance with the relevant
    provisions of the Act of Accession .
    Vfliere these products are released for free circulation in the
    remainder of the custans territory of the Comnunity, they qualify for
    a progressive reduction of custans duties according to the same
    timetable and under the same conditions as provided for in Article 75
    of the Act of Accession , provided that the reference prices are
    observed .
    These tariff quotas should therefore be opened for 1988 .
2.  Fran the date on which the said quota is opened the nomenclature used
    in the Common Customs Tariff will be replaced by the Combined
    Nomenclature based on the International Convention on the Harmonized
    Commodity Description and Coding System. This proposal must
    therefore take account of that fact by indicating the Combined
    Nomenclature codes and , where appropriate , the TARIC code numbers of
    the products concerned .
3.  The Commission is aware that the transposition of certain tariff
    concessions fran the Gorcmon Customs tariff to the Combined
    Nomenclature might raise problems which would need to be settled
    between the parties concerned . It may therefore amend its proposal
    in the course of the procedure in order to adapt it , where necessary,
    to requirements .
 ---pagebreak--- 4.  Since this tariff quota is to cover requirements which cannot be
    determined with sufficient accuracy, no quota shares should be
    allocated to the Member States . Consequently, the entire volume of
    the quota is to be used to constitute a Ccnmunity reserve .
    As regards the method of administration to be applied by all Member
    States , the Ccnmission proposes the "as and when" system.
    This is the purpose of the attached proposal .
ANNEX : Proposai for a régulation
 ---pagebreak---                                  Proposai for
                         COUNCIL REGULATION (EEC ) No
                                      of
  opening and providing for the administration of a Gorrmunity tariff quota
       for fresh table grapes falling within No ex 0806 10 15 of the
Combined Nomenclature and originating in
the Canary Island ( 1988 )
THE COUNCIL OF THE EUROPEAN CCMMUSTETIES ,
Having regard to the Treaty establishing the European Economic Conmunity ,
Having regard to Council Regulation ( EEC ) No 1391 /87 of 18 May 1987
concerning certain adjustment to the arrangements applied to the Canary
Islands ( 1 ) and in particular Articles 5 and 10 thereof ,
Having regard to the proposal from the Commission ,
Whereas by virtue of Article 5 of Regulation ( EEC ) No 1391 /87 , fresh
grapes falling within No ex 0806 10 15 of the Combined Nomenclature and
originating in the Canary Islands qualify during the period 1 January to
31 March of each year on import into the customs territory of the
Community for reduced duties within the limit of a Conmunity tariff quota
of 100 tonnes ;
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 from customs duties and are not subject to observance of
the reference price ; whereas where the said products are imported into
Portugal the quota duties applicable are to be calculated in accordance
with the relevant provisions of the Act of Accession of Spain and
Portugal ; whereas where the said products are released for free
circulation in the remainder of the cutams territory of the Community ,
they qualify for a progressive reduction of customs duties according to
the same timetable and under the same conditions as those provided for in
the Act of Accession for such products imported from those countries ,
provided that the reference prices are observed ; whereas , to qualify for
the tariff qutoa , the products in question must comply with certain
marking and labelling conditions designed to prove their origin ;
Whereas , from the date on which the said quota is opened , the
nomenclature used in the Common Customs Tariff will be replaced by the
Combined Nomenclature based on the International Convention on the
Harmonized Commodity Description and Coding System ; whereas this
Regulation must take account of that fact by indicating the Combined
Nomenclature codes and , where appropriate , the TARIC code numbers of the
products concerned ;
Whereas equal and continuous access to the quota should be ensured for
all Gorrmunity importers and the rate laid down for the quota should be
applied consistently to all imports of the product in question into all
Member States until the quota is exhausted ; whereas , however , since the
quota is to cover requirements which cannot be determined with sufficient
( 1 ) OJ No L 133, 22.5.1987, p. 5
 ---pagebreak---                                           - 2 -
accuracy, it should not be allocated among the Meimber 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
determined ; whereas this method of administration requires close
cooperation betveen the Member States and the Cbnxnission and the latter
must in particular be able to monitor the rate at which the quota is used
and inform the Member States accordingly ;
ttfhereas since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg cure united within and jointly represented
by the Benelux Economic Union , any operation concerning the
administ rat ion of the quota shares allocated to that economic union may
be carried out by any one of its members ,
HAS ADOPTED THIS REGULATION :
                                        Article 1
1 . ( a ) Fran 1 January to 31 March 1988 the Gomnon Customs duty applicable
           to imports into the Community of the following products shall be
           suspended at the level indicated and within the limits of a
           Community tariff quota as shown below :
Order          Combined         Description               Amount of      Rate of
No             Nomenclature                               tariff quota    duty
               No                                           ( tonnes )     (%)
                                Grapes , fresh or dried :
                                - fresh
                                – Table grapes :
                                - from 1 November to
                                    14 July :
09.0435        ex 0806 10 15    - Other
                                     originating in the
                                     Canary Islands              100         6,3
      ( b) Vhere 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 not be subject to
           the reference price .
      ( c) Within the limit of this tariff quota , the Portuguese Republic
           shall apply customs duties calculated in accordance with the
           relevant provisions of the Act of Accession and the Regulations
           relating thereto .
2.      On import , the said products shall , in the event of any
        countervailing duty being applied under Council Regulation ( EEC ) No
        1035/72 of 18 May 1972 on the common organization on the market in
        fruit and vegetables ( 1 ), as last amended by Regulation ( EEC ) No
        1351 /86 ( 2 ), qualify for a reduction of 4 % of that duty .
 ( 1 ) OJNoL 118 , 20.5.1972 , p. 1
( 2 ) OJ No L 119, 8.5.1986, p. 46
 ---pagebreak---                                       - 3 -
3 . ( a) Without prejudice to the other provisions concerning quality
          standards , products covered by this Regulation shall not qualify
          for the tariff quota unless , when they are presented to the
          authorities responsible for the import formalities for the
          purposes of release for free circulation in the customs territory
          of the Comnunity, they are presented in packaging which bears the
          wrds " Canary Islands ", or the equivalent thereof in another
          official Cormiunity language , in a clearly visible and perfectly
          legible form .
    ( b ) The third and fourth paragraphs of Article 9 of Regulation (EEC )
          No 1035/72 shall not apply to products covered by this Regulation .
4.    If an importer gives notification of irtminent imports of the product
      in question into a Member State and applies to take advantage of the
      quota , the Member State concerned shall inform the Commission and
      draw an anount corresponding to its requirements to the extent that
      the available balance of the reserve so ] permits .
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 dawings pursuant to Article 1 ( 4 ) make it possible for imports
      to be charged without interruption against their accumulated shares
      of the Community quota .
2.    Each Member State shall ensure that importers of the product
      concerned have free access to the quota for such time as the residual
      balance of the quota volume so permits .
3.    Member States shall charge imports of the product concerned against
      their drawings as and when the goods are entered with the customs
      authorities for free circulation .
4. The extent to which the quota has been used shall be determined on
      the basis of the imports charged in accordance with paragraph 3 .
                                    Article 3
      At the request of the Got(mission , Member States shall inform it of
      imports actually charged against the quota .
                                    Article 4
      The Manber States and the Contnission shall cooperate closely to
      ensure that this Regulation is complied with .
                                    Article 5
      This Regulation shall enter into force on 1 January 1988 .
      This Regulation shall be binding in its entirety and directly
      applicable in all Mariber States .
      Done at Brussel , s
                                                   For the Gouncil
                                                    The President