CELEX: 31985R3808
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3808/85 of 20 December 1985 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 (1986)

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31985R3808

Council Regulation (EEC) No 3808/85 of 20 December 1985 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 (1986)  

Official Journal L 367 , 31/12/1985 P. 0052 - 0055 Spanish special edition: Chapter 02 Volume 16 P. 0058  Portuguese special edition Chapter 02 Volume 16 P. 0058 

COUNCIL REGULATION (EEC) N° 3808/85of 20 December 1985opening,  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 (1986)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Act of Accession of Spain and Portugal (1), and in particular Article 4 of  Protocol N° 2 annexed thereto, Having regard to the proposal from the Commission, Whereas, pursuant to Article 4 of Protocol N° 2 and Article 10 of Protocol N° 3 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 a Community tariff quota at reduced duties; whereas the quota volume amounts  to 3 446 tonnes; whereas for 1986 the duties to be applied within the limits of the tariff quota  are equal to 87,5 % 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 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 designed to prove  their origin; whereas, according to the abovementioned Article 4, the  tariff preference provided  for takes effect only from 1 March 1986; whereas this Community tariff quota should be opened for  the period from 1 March to 31 December 1986; Whereas it 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 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, 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:>TABLE>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 8,9Denmark 0,1Germany 3,2Greece 0,1Spain 78,9France 0,4Ireland 0,1Italy 1,4Portugal  0,1United Kingdom 6,8Whereas, 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 instalmens, 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 80 % 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  bedone 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 the 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 fo 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; Whereas, pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal, the  institutions of the Community may adopt, before accession, the measures referred to in Article 4 of  Protocol N° 2 annexed to the Act of Accession. HAS ADOPTED THIS REGULATION:Article 11. From 1 March to 31 December 1986, the  Common Customs Tariff duties in respect of the following products originating in the Canary Islands  shall be partially suspended at the levels indicated for each of them within the limits of a  Community tariff quota of 3 446 tonnes:>TABLE>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 theimport 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. Article 21. A first instalment amounting to 2 750 tonnes 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 1986, shall be as follows: (tonnes)Benelux 244Denmark 3Germany 88Greece 3Spain 2 172France 10Ireland 3Italy  40Portugal 3United Kingdom 1872. The second instalment of 696 tonnes shall constitute the  reserve. Article 31. 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 this 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 Member State may draw shares smaller than  those fixed in those paragraphs if there is reason to believe that these mightnot be used up. It  shall inform the Commission of its reasons for applying this paragraph. Article 4Each of the additional shares drawn pursuant to Article 3 shall be valid until 3  December 1986. Article 5The Member States shall return to the reserve, not later than 1 October 1986, such  unused portion of their initial share which, on 15 September 1986, 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 1986, notify the Commission of the total  quantities of the products in question up to 15 September 1986 and charged against the tariff quota  and of any quantities of the initial shares returned to the reserve. Article 6The Commission shall keep an account of the shares opened by Member States in accordance  with Article 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 State, not later than 5 October 1986, 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 with makes  such last drawing. Article 71. 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 8At the request of the Commission, Member States shall inform it of imports of the  products concerned actually charged against their shares. Article 9The Member States and the Commission shall cooperate closely in order to ensure  compliance with this Regulation. Article 10This Regulation shall enter into force on 1 January 1986, subject to the entry into  force of the Treaty of Accession of Spain and Portugal. It shall apply from 1 March 1986. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 20 December 1985. For the CouncilThe PresidentR. STEICHEN(1) OJ N° L 302, 15. 11. 1985, p.  23.