CELEX: 51987PC0571
Language: en
Date: 1987-11-24
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for new potatoes falling within No 0701 90 51 or 0701 90 59 of the Combined Nomenclature and originating in the Canary Islands (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 571
Vol. 1987/0282
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(87 ) 571 final
                                                          Brussels , 24 November 1987
                                     Proposal for a
                               COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community tariff
  quota for new potatoes falling within No 0701 90 51 or 0701 90 59 of the
         Combined Nomenclature and originating in the Canary Islands ( 1988 )
                            ( submitted by the Commission )
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                           EXPLANATORY MEMORANDUM
By virtue of Article 4 of Protocol 2 to the Act of Accession of
Spain and Portugal , new potatoes falling within No 0701 90 51 and
0701 90 59 of the Combined Nomenclature and originating in the
Canary Islands qualify on import into the customs territory of the
Community for reductions in customs duties within the limits of an
annual Community tariff quota of 6 642 tonnes for the period 1
January to 30 June .
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 .
Where the said products are imported into Portugal , the duties
applicable are to be calculated in accordance with the relevant
provisions of the Act of Accession .
Where the said products are released for free circulation in the
remainder of the customs territory of the Community , they qualify
for a progressive reduction of customs duties according to the same
timetable and under the same conditions as provided for in Article
75   of the Act of Accession .
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
Harmondized Commodity Description and Coding System .    This proposal
must therefore take account of that fact by indicating the Combined
Nomenclature codes of the products concerned .
The Commission is aware that the transposition of certain tariff
concessions from the Common 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 .
THe proposal for a regulation opening these tariff quotas provides -
as is customary in such cases - for each quota volume to be divided
 into two parts , the first being allocated among the Member States
 as quota shares and the second being held as a reserve .
 ---pagebreak---                                 -2-
   Allocation of the volume of the first part of each quota took account
   of the fact that there have been no imports or only occasional
   imports into certain Member States in recent years .     Initial
   shares have therefore been allocated only to importing Member States ,
   while other Member States are guaranteed access to the tariff quotas
   as and when imports are announced .
5. As regards the method of administration to be applied by all Member
   States , the Commission proposes the "as and when'.' system .
6. This is the purpose of the attached proposal ,
 ---pagebreak---                                    Proposal for
                                 COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
  tariff quota for new potatoes falling within No 0701 90 51 or
  0701 90 59 of the Combined Nomenclature and originating in
  the Canarly Islands ( 1988 )
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 2 annexed thereto ,
Having regard to the proposal from the Commission ,
Whereas , by virtue of Article 4 of Protocol 2 annexed to the Act of
Accession , new potatoes falling within No 0701 90 51 or 0701 90 59 of
the Combined Nomenclature and originating in the Canary Islands qualify
on import into the customs territory of the Community for reduced
customs duties within the limits of an annual Community tariff quota
of 6 642 tonnes for the period 1 January to 30 June ;
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 ; 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 ;
whereas , where the said products are released for free circulation in the
remainder of the customs territory of the Community , they qualify for
a progressive reduction of customs duties according to the same timetable
and under the same conditions as provided for in Article 75 of the Act
of Accession ; whereas , to qualify for the tariff quota , the products in
question must comply with certain marking and labelling conditions
designed to prove their origin ; whereas the tariff quota in question should
therefore be opened for the period 1 January to 30 June 1988 ;
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 proposal must take
account of that fact by indicating the Combined Nomenclature codes of
the products concerned ;
Whereas , equal and continuous access to the quota should be ensured for
all Community importers and the rate laid down for the quota should be
applied consistently to all imports of the products in question into all
the Member States until the quota is exhausted ; whereas , in the light
of these principles , allocation of the tariff quota among the Member
States would seem to preserve the Community nature of the quota ; whereas ,
in order to correspond as closely as possible to the real trend of the
market for the products in question the allocation should reflect the
requirements of the Member States based on statistics of imports of the
said products from the Canary Islands during a representative reference
period and on the economic outlook for the quota period in question .
 ( 1 ) 0J No L 302 , 15.11.1985 , p. 23
 ---pagebreak---                                     -2-
Whereas , during the last three years for which statistics are available ,
imports into each of the Member States were as follows :
Member State                         1984       1985        1986
Benelux                                 61        21
Denmark                               226        127         312
Germany                                  4
Greece
Spain                                 818         24
France                                            38
Ireland
Italy
Portugal
United Kingdom                      6 728      6 496       2 531
Whereas in the last three years the products in question were imported
regularly only by certain Member States and not at all or only
occasionally by the other Member States ; whereas , under these
circumstances , in the first phase , initial shares should be allocated to
the genuine importing Member States and the other Member States should be
guaranteed access to the benefit of the tariff quota when imports
actually take place in those Member States ; whereas these arrangements
allocation arrangements will equally ensure the uniform application of
the Common Customs Tariff ;
Whereas , to allow for the trend of imports of the products concerned in the
various Member States , the quota volume should be divided into two parts ,
the first being allocated among certain Member States and the second held
as a reserve to cover any subsequent requirements of Member States which
have used up their initial share and any requirements which might arise
in the other Member States ; whereas , to afford importers in each Member
State some degree of certainty, an appropriate level for the first part
of the tariff quota would , in the present circumstances , be 75 % of the
quota volume ;
Whereas the initial shares of the Member States may be used up at
different rates ; whereas , in order to avoid any break in the continuity
of supplies on this account , it should be provided that any Member State
which has almost used up its initial share should draw an additional
share from the corresponding reserve ; whereas each time its additional
share is almost used up a Member State should draw a further share and
so on as many times as the reserve allows ; whereas each of the initial
and additional shares must be valid until the end of the quota period ;
whereas this form of administration requires close cooperation between
the Member States and the Commission and the latter must be able to
monitor the extent to which the quota volume has been used up and
inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused, it is essential that the
Member State concerned should return a significant proportion thereof
to the corresponding reserve in order to prevent part of the Community
tariff quota from remaining unused in one Member State when it could
be used in others ;
 ---pagebreak---                                         -3-
Whereas since the Kingdom of 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 one of its members ,
HAS ADOPTED THIS REGULATION :
                                            Article 1
1 . ( a ) From 1 January to 30 June 1988 the customs duty applicable to
          imports into the Community of the following products shall be
          suspended at the levels indicated and within the limits of a
          Community tariff quota as shown below :
Order       Combined        Description                    Amount of      Rate of
No          Nomenclature                                   the tariff      duty
            No                                               quota
09.0413      0701 90 51     New potatoes , originating in    6 642      From 1 January
             0701 90 59     the Canary Islands               tonnes     to 15 May :
                                                                          9/3 %
                                                                        From 16 May to
                                                                        30 June :
                                                                        13,1 %
 (b ) Where 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 .
 ( 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.        Without prejudice to the other provisions concerning quality
          standards , products covered by this Regulation may not qualify for
          the tariff quotas unless , when they are presented to the authorities
          responisble for the import formalities for release for free
          circulation in the customs territory of the Community, they are
          presented in packagings which bear the words " Canary Islands ", or
          the equivalent thereof in another official Community language , in
          a clearly visible and.^perfectly legible form .
                                            Article 2
1         The first part , amounting to 4 980 tonnes , of the Community tariff
          quota referred to in Article 1 shall be allocated among the Member
          States ; the quota shares , valid until 30 June 1988 , shall be
          as follows :
          Benelux                              25 tonnes ,
          Denmark                             195 tonnes ,
          Spain                               250 tonnes ,
          United Kingdom                    4 510 tonnes .
 ---pagebreak---                                    -4-
2 ,.  The second part of the quota , amounting to 1 662 tonnes , shall
      constitute the reserve .
3.    If an importer gives notification of imminent imports of the
      product in question into the other Member States and applies to
      take advantage of the quota , the Member State concerned shall
      inform the Commission and draw an amount corresponding to its
      requirements to the extent that the available balance of the
      reserve so permits .
                                       Article 3
1.    If a Member State has used 90 % or more of its initial share as
      specified in Article 2 ( 1 ), it shall forthwith , by notifying the
      Commission and to the extent that the reserve so permits , draw
      a second share equal to 10 % of its initial share , rounded up
      where necessary to the next whole number .
2.    If , after its initial quota share has been used up, a Member
      State has used 90 % or more of its second share as well , it
      shall forthwith , using the procedure provided for in paragraph 1 ,
      draw a third share equal to 5 % of the initial share , rounded up
      where necessary to the next whole number .
3.    If , after its second share has been used up , a Member State has
      used 90 % or more of its third share , it shall , using the same
      procedure , 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 , Member States may
      draw smaller shares than those specified in the said paragraphs
      if there is reason to believe that they might not be used in full .
      They shall inform the Commission of their reasons for applying
      this paragraph .
                                        Article 4
      The additional shares drawn pursuant to Article 3 shall be valid
      until 30 June 1988 .
                                        Article 5
By 15 May 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which , on 1 May 1988, is in excess
of 20 % of the initial volume .    They may return a greater portion if
there is reason to believe that it might not be used .
By 15 May 1988 at the latest Member States must notify the Commission of
the total quantities of the products concerned imported on or before
1 May 1988 and charged against the Community quota and of any portion
of their initial share that they are returning to the reserve .
 ---pagebreak---                                    -5-
                                       Article 6
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the
extent to which the reserve has been used up as soon as it has been
notified .
It shall inform the Member States not later than 20 May 1988 of the state
of the reserve following any return of quota shares pursuant to Article 5 .
It shall ensure that the 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 making the final drawing .
                                       Article 7
1.     Member States shall take all appropriate measures to ensure that
       additional drawings of shares pursuant to Article 3 enable imports
       to be charged without interruption against their accumulated shares
       of the Community tariff quota .
2.     Member States shall ensure that importers of the products concerned
       have free access to the quota shares allocated to them .
3.     Member States shall charge imports of the products concerned
       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 shares shall be
       determined on the basis of the imports charged in accordance with
       paragraph 3 .
                                        Article 8
At the request of the Commission , Member States shall inform it of
imports actually charged against their quota shares .
                                        Article 9
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .
                                       Article 10
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable
 in all Member States .
 Done at Brussels ,
                                                  For the Council
                                                   The President