CELEX: 51988PC0510
Language: en
Date: 1988-10-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for new potatoes and for certain live plants originating in the Canary Islands (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 510
Vol. 1988/0182
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(88 ) 510 final
                                                   Brussels , 3 October 1988
                                       Proposal for a
                           COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of Community
        tariff quotas for new potatoes and for certain live plants
                 originating in the Canary Islands ( 1989 )
                       ( presented by the Commission )
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 ---pagebreak---                     FXPIANATQRY MEMORANDUM
According to Article 4 of Protocol No 2 annexed to the Act of
Accession of Spain and Portugal it is new potatoes originating in
the Canary Islands shall qualify on the import in the customs
territory of the Community for reduced duties within the limit of
annual Community tariff quotas . Calculated on the basis of the
provisions of Article 4 referred to , the quota volumes amount to :
     6 642 bonnes for new potatoes falling within CN codes
           0701 90 51 and 0701 90 59 and
-    4 700 tonnes for certain live plants falling within Chapter 6
     of the Combined nomenclature .
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 custans duties .
Where the said products are imported into Portugal the duties
applicable are to be calculated according to the provisions in
question of the Accession Act .
Where the said products are released for free circulation in the
remainder of the customs territory of the Community, they shall
qualify for the progressive reduction of customs duties according
to the same timetable and under the same conditions as those
provided for in Article 75 of the Act of Accession .
The tariff quotas should therefore be opened for the period 1
January to 31 December 1989 .
The proposal for a Regulation opening these tariff quotas
provides - as is customary in such cases - for the division of
each quota into two instalments , the first being allocated amont
the Member states as quota shares and the second being held as a
reserve .
As regards the distribution of the first instalment of each quota ,
account was taken of the fact that there were no imports or only
occasional imports into certain Member States in recent years .
Initial shares have therefore been allocated only to the importing
 ---pagebreak--- Manlier States with the otiier Manber States being guaranteed access
to the benefit of the tariff quotas once imports by them of the
products concerned have been notified .
As regards the method of administration to be applied by all the
Member States , the Cotmission proposes the "Greyhound system".
Such is the aim of the attached proposal .
 ---pagebreak---                                                      Procosal for a
                                            COUNCIL REGULATION ( EEC ) No           _ / SS
                                                        of   .............
                    opening, allocating and providing for the administration of Community tariff quotas for
                    new potatoes and for certain Li we. plants, originating in the Canary Islands
                                                             (1969)
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         Portugal , the quota duties applicable are to be calculated
                                                                    on the basis of the relevant provisions of the Act of
                                                                    Accession ; whereas, when the said products are released
Having regard to the Treaty establishing the European                for free circulation in the remainder of the customs
Economic Community,                                                 territory of the Community, they qualify for the
                                                                    progressive reduction of customs duties according to the
                                                                    same timetable and under the same conditions as those
H«noa regard to the Act of Accession of Sptin end                   provided for in Article 75 of the Act of Accession ;
Portugal, in particular Article 4 of Protocol 2-fctnsxed            whereas , to qualify for the tariff quota , the products in
thereto,                                              .              question have to comply with certain marking and labelling
                                                                    conditions designed to prove their origin ; whereas the
                                                                    Community tariff quotas should therefore be opened for
                                                                    the periods in question ,
Having regard to the proposal ko.n the Cocunissiot?,
   Whereas , according to Article 4 of Protocol 2 annexed
  to the Act of Accession , new potatoes and certain live
   plants asoearing in Article 1 and crigins'drr                    Whereas it is in particular necessary to ensure for all
   in the Canary
  islands qualify , on import into the customs territory of the     Community importers equal and uninterrupted access to
  Community , for reduced duties within the limits of               the above-mentioned quotas and uninterrupted application
  Community tariff quotas ; whereas the quota volumes               of the rates laid down for these quotas to ail imports of the
  amount to :                                                       products concerr.ec into all Member States until the quotas
                                                                    have been used up ; whereas, having regard ro the principles
  – 6 642 tonnes for new potatoes falling within                    mentioned above , the Community nature of the quotas can
      CN codes 07T31 ^3 51 and 0701 93 59 for the                   be respected by allocating the Community tariff quotas
      period 1 January to 30 Jire,                                  among the Member States; whereas, in order to reflect as
      and                                                           accurately as possible the true trend of the market in the
                                                                    products in question, such allocation should fee in
  – 4 700 tonnes for certain live plants falling                    proportion to the requirements of the Member States,
     within Chapter 6 of the CN codes for the period                calculated by reference to the statistics tor imports cf the
      1 January to 31 December;                                     products concerned originating in the Canary Islands over
                                                                    a representative reference period and also to the economic
                                                                    outlook for the quota period in question ;
  Whereas, when 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           Whereas , during the last three years for which statistics are
  duties and are not subiect to compliance with the reference       available, imports into each of the Member States were as
  price ; whereas, when the said products are imported into         follows :
                                                                                                                      • ■• / • • •
 (*) oj No L 302 , 15 . 11 . 1985 , p. 23 .
 ---pagebreak---                                                             - 2 -
                                                                                                                        (in tonms)
                   Member States
                                                     19(5         198Ó           198 7       1985         198 6          1987
Benelux                                               21              -
                                                                                     4        144          529           303
Denmark                                              127           312            180             á           6             6
Germany                                                 –
                                                                      -
                                                                                    –         220          308 >         429
Greece                                                  –           –               –             –          –             –
Spain                                                 24              -
                                                                                     5      3 880        5 009        4 430
France                                                 38            –
                                                                                     -
                                                                                                 26          35            89
Ireland                                                 –            –              –             –           1              1
                                                                                                 31          44           148
Italy                                                   –            –              –
Portugal
                                                                                    –             –          –             –
                                                        –            –
                                                   6 496         2 531          1 763         177           198           a*
United Kingdom
Whereas in the last three years the products in question            as and when each of its additional shares is almost used up ,
were imported regularly only by certain Member States and           and repeated as many times as the reserve allows; whereas
not at all or only occasionally by the other Member States;         the initial and additional shares must be valid until the end
whereas , under these circumstances , in the first phase,           of the quota period ; whereas this method of administration
initial shares should be allocated to the genuine importing          requires close cooperation between the Member States and
Member States and the other Member States should be                 the Commission and the latter must be in a position to
guaranteed access to the benefit of the tariff quotas when          monitor the extent to which the quota amounts have been
imports actually take place in the latter; whereas these            used up and to inform Member States thereof;
arrangements for allocation will equally ensure the uniform
application of the Common Customs tariff;
                                                                    Whereas , since the Kingdom of Belgium , the Kingdom of
                                                                    the Netherlands and the Grand Duchy of Luxembourg are
Whereas , in order to take into account import trends for           united within and jointly represented by the Benelux
the products concerned in the various Member States , each          Economic Union , any operation relating to the
quota should be divided into two instalments , the first            administration of the quota shares allocated to that
being shared among certain Member States and the second             economic union may be carried out by any of its
constituting a reserve to cover the subsequent requirements         members ,
of these Member States where they have used up their
initial shares and any additional requirements which might
arise in the other Member States ; whereas , in order to give
importers in each Member State a certain degree of
                                                                    HAS ADOPTED THIS REGULATION :
security , the first instalment of the Community quotas
should , under the circumstances , be fixed at            60 %
respectively of the quota volumes ;
                                                                                               Article 1
Whereas, the Member States’ initial shares may be used up
at different times ; whereas , in order to take this fact into       1 . (a)                                   On    import into
account and avoid any break in continuity , any Member                       the Community the customs duties applicable for
State which has almost used up its initial quota shares                      the following products shall be suspended at the
should draw an additional share from the corresponding                       levels and within the limits of Community tariff
reserve ; whereas this must be done by each Member State                     quotas as follows :
 ---pagebreak---                                                                         - 3 -
   Order                                                          Docription                              Quota ytflune 5 Quota duties
    No                                                                                                    Xtonnesi ..._       dû
09.0413     0701 90 51          New potatoes, from 1 January to 30 June                                     6 642       - from 1 January
            0701 90 59
                                                                                                                          to 15 May:7,5
                                                                                                                        - from 16 May to
                                                                                                                          30 June : 10,5
09.0429     0601 10 90          Other bulbs, tibers, tiberous roots, corms, crowns and                                         4
                                rhi zones, dormant
            0602 10 90          Other unrooted cuttings and slips                                                              4
          ex 0602 40            – Roses, whether or not budded or grafted
                                – – Roses (all the species Ross), neither budded nor grafted :
          ex 0602 40 1 1        – – – With stock of a diameter not exceeding 10 mm                                             6,5
          ex 0602 40 19         – – – Other ■                                                                                  6,5
                                – Other :
             0602 99 45         – – – – – – – – Rooted cuttings and young plants                          U TOD                6,5
              0602 99 49        – – – – – – – – Other                                                                          6,5
                                – – – – – – Other outdoor plants :                                                             6,5
              0602 99 51
                                                                                                                               6,5
              0602 99 59        – – _ – –          Other
              0602 99 70        – – – – – – Rooted cuttings and young plants, excluding cacti                                  6,5
              0602 99 99        – – – – – – – Other than flowering plants with buds or floeren, excluding                     6,5
                                                                                                          '
                                                   c&cti
                                              1
             ( b) Where the said products are imported into that pan
                   of Spain which is included in the customs territory
                   of the Community, they shall qualify for exemption
                   from customs duties and are not subject to
                   compliance with the reference price .
             ( c ) Within the limits of these tariff quotas , the
                   Portuguese Republic shall apply customs duties
                   calculated according to the relevant provisions of
                   the Act of Accession and the Regulations relating
                   thereto .
         2 . Without prejudice to the other provisions applicable as
         regards quality standards , products covered by this
         Regulation cannot qualify under the tariff quotas unless ,
         when they are presented to the authorities responsible for
         the import 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 .
                                                                                                                                   (
 ---pagebreak---                              Articlt 2
1 The tariff quota! laid down in Article 1 shall be divided
into two instalment!.
2. A first instalment of 3 985 and 2 820 tonnes
     respectively of each tariff quota shall be
     allocated among certain Member States; the
     respective shares which shall be valid until
     31 December 1989 shall amount to the quantities
     indicated below :
    ( a ) new potatoes falling within CN code 0701 90 51 and
          0701 90 59 :
          Denmark                                      225 tonnes ,
          United Kingdom                             3 760 •■ onnes,
    ( b ) certain live plants falling within Chapter 6 of the CN
          Benelux                                      170 tonnes,
          Germany                                      170 tonnes ,
          Spain                                      2 315 tonnes,
          France                                        26  tonnes ,
          Italy                                         38 tonnes.
          Uhited Kingdom                               101 tomes ,
    3.    The    second     instalment     of   each   quota ,   i.e.
    respectively :
    – 2 657tonnes for new potatoes falling within CN codes 0701 90 51 and 0701 90 59,
          and
    – 1 880 tomes for certain live plants falling within Chapter 6 of the CN,
    shall constitute the corresponding Community reserve.
    4 . If an importer notifies the imminent import of the
    product- in question into the other Member States and
   requests the benefit of the quota, the Member State
   concerned shall inform the Commission and draw an
   amount corresponding to these requirements to the extent
   that the available balance of the reserve so permits.
                                 Article 3
     1.   If 90 % or more of a Member States’ initial share as
     specified in Article 2 ( 2) 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 10 % of its
     initial share , rounded up where necessary to the next
     unit .
     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
     with the conditions laid down in paragraph 1 , draw a third
     share equal to 5 % of its initial share, rounded up where
     necessary to the next unit .
 ---pagebreak---                                                     - 5 -
 3 . If, after one of in second shares has been used up,
 90 % or more of the third share drawn by a Member State
 ha * been used up , that Member State shall , in accordance
with the conditions laid down in paragraph 1 , 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 they
might not be used up. It shall inform the Commission of its
reasons for applying this paragraph.
                           Article 4
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 Decenfcier 1989.
                             Article 5
  The Member States shall return to the reserve, not later
  than 1 October 1989, such unused portion of their initial
  share as, on 15 September 1989 , is in excess of 20 % of
  the initial volume. They may return a larger quantity if
  there are grounds for believing that this quantity may not
  be used .
  The Member States shall notify the Commission not later
  than 1 October 1989 of the total quantities of the
  products in question imported up to 15 September 1989
  and charged against the tariff quota and of any quantity of
  the initial shares returned to the reserve .
                             Article    (,
  The Commission shall keep an account of the shares
  opened by the Member States pursuant to Articles 2 and 3
  and, as soon as it is notified, shall inform each State of the
  extent to which the reserves have been used up .
   It shall inform the Member States, not later than 5
  October 1 98 9 of the amount in each reserve after quanti¬
  ties have been returned thereto pursuant to Article 5.
                                                                 0
 ---pagebreak---                                                                     - 6 -
                It (hall ensure that the drawing which exhaust* any
                reserve does not exceed the balance available and, to this
                end, shall notify the amount of that balance to the
                Member State making the last drawing.
                                         Article 7
                1 . The Member States shall take every measure neces¬
                sary to ensure that additional shares drawn pursuant to
                Article 3 enable imports to be charged without interrup¬
                tion against their accumulated shares of the tariff quota.
                2. The Member States shall ensure that importers of
                the products in question have free access to the shares
                allocated to them.                                y
                3. Member States shall charge imports of the products
                in question against their shares as and when the products
                are entered with the customs authorities for free circula¬
                tion .
                The extent to which a Member State has used up its
                shares shall be determined on the basis of. the imports
                charged against shares under the conditions provided for
                in paragraph 3 .
                                         Article 8
                At the Commission’s request, the Member States shall
                inform it of imports of the products concerned actually
                charged against their shares.
                                        Article 9
                This Regulation shall enter into force on 1 January 198 9.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                            For the Council
                                                             The President
 ---pagebreak---                 FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans
la Communauté .