CELEX: 31986R4045
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4045/86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for new potatoes and avocados, falling within subheadings 07.01 A II and 08.01 D of the Common Customs Tariff and originating in the Canary Islands (1987)

No L 377 / 12                               Official Journal of the European Communities                                 31 . 12 . 86
                                           COUNCIL REGULATION (EEC) No 4045 / 86
                                                         of 22 December 1986
                  opening, allocating and providing for the administration of Community tariff quotas for
                  new potatoes and avocados, falling within subheadings 07.01 A II and 08.01 D of the
                              Common Customs Tariff and originating in the Canary Islands ( 1987)
 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
                                                                       for free circulation in the remainder of the customs
Having regard to the Act of Accession of Spain and                     territory of the Community , they qualify for the
Portugal ( J ), and in particular Article 4 of Protocol 2              progressive reduction of customs duties according to the
                                                                       same timetable and under the same conditions as those
 annexed thereto ,
                                                                       provided for in Article 75 of the Act of Accession ;
                                                                       whereas , to qualify for the tariff quota , the products in
                                                                       question have to comply with certain marking and labelling
Having regard to the proposal from the Commission ,                    conditions designed to prove their origin; whereas the
                                                                       Community tariff quotas should therefore be opened for
                                                                       the periods in question, with the validity of this
Whereas the Treaty and the acts of the Institutions of the
                                                                       Regulation being limited , however, to the period 1 January
European Communities apply to the Canary Islands
                                                                       to 31 March 1987 , which precedes the entry into force of
according to the conditions provided for in Article 25 of
the Act of Accession and in Protocol 2 annexed to the                  the definitive tariff regime to be adopted in this field ,
                                                                       whereas , therefore , provision should be made for the
said Act ;
                                                                       quantities imported under this Regulation to be deducted
                                                                       from the quota volume amounts adopted under the
Whereas , according to Article 4 of Protocol 2 annexed                 definitive regime ;
to the Act of Accession , new potatoes and avocados falling
within subheadings 07.01 A II and 08.01 D respectively of
the Common Customs Tariff and originating in the Canary                Whereas it is in particular necessary to ensure for all
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 abovementioned quotas and uninterrupted application
Community tariff quotas ; whereas the quota volumes                    of the rates laid down for these quotas to all imports of the
amount to :                                                            products concerned into all Member States until the quotas
                                                                       have been used up ; whereas , having regard to the principles
— 6 642 tonnes for new potatoes falling within                         mentioned above, the Community nature of the quotas can
    subheading 07.01 A II of the Common Customs Tariff                 be respected by allocating the Community tariff quotas
    for the period 1 January to 30 June,                               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 be in
— 2 060 tonnes for avocados falling within subheading                  proportion to the requirements of the Member States ,
    08.01 D of the Common Customs Tariff for the period                calculated by reference to the statistics for imports of 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 subject 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--- 31 . 12 . 86                             Official Journal of the European Communities                                         No L 377 / 13
                                                                                                                                     (in tonnes)
                                                                — 07.01 A II —                                    — 08.01 D —
                                                                 new potatoes                                       avocados
                   Member States
                                                      1983           1984              1985         1983              1984          1985
Benelux                                                   4             61               21             16               13            —
Denmark                                                 93             226              127             —               —
                                                                                                                                       32
Germany                                                 —                 4              —                2               6              9
Greece                                                  —               —                —              —               —              —
Spain                                                  818             818               24        1 351             1 351           841
France                                                  23              —
                                                                                         38          112                97           406
Ireland                                                 —               —                —              —               —              —
Italy                                                   —               —                —              —               —              —
Portugal                                                —               —                —              —               —              —
United Kingdom                                       6 754          6 728             6 496          723               671           545
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 80 %
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 ) From 1 January to 31 March 1987 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 :
                              CCT
       Order No              heading                                                               Quota volume              Quota duties
                                                              Description
                               No                                                                      ( tonnes )               (% )
       09.0413         07.01 A II          New potatoes , originating in the Canary
                                           Islands                                                       6 642                  11,2
       09.0415         08.01 D             Avocados , originating in the Canary Islands                  2 060                    3
 ---pagebreak--- No L 377 / 14                            Official Journal of the European Communities                                    31 . 12 . 86
     (b ) Where the said products are imported into that part       requests the benefit of the quota , the Member State
          of Spain which is included in the customs territory       concerned shall inform the Commission and draw an
          of the Community , they shall qualify for exemption       amount corresponding to these requirements to the extent
          from customs duties and are not subject to                that the available balance of the reserve so permits.
          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
                                                                                                Article 3
          the Act of Accession and the Regulations relating
          thereto .
                                                                    1.   If 90 % or more of a Member States' initial share as
                                                                    specified in Article 2 ( 2 ) has been used up , then , to the
2 . Without prejudice to the other provisions applicable as         extent permitted by the amount of the reserve , that
regards quality standards , products covered by this                Member State shall forthwith , by notifying the
Regulation cannot qualify under the tariff quotas unless ,          Commission, draw a second share equal to 10 % of its
when they are presented to the authorities responsible for          initial share , rounded up where necessary to the next
the import formalities for the purposes of release into free        unit .
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             2 . If, after one of its initial shares has been used up , 90 %
legible form .                                                      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
3 . The quantities imported under the tariff quotas                 share equal to 5 % of its initial share, rounded up where
referred to in paragraph 1 shall be deduced from the annual         necessary to the next unit.
quota volume amounts adopted under the definitive tariff
regime which will come into force on 1 April 1987 .
                                                                    3 . If, after one of its second shares has been used up ,
                                                                    90 % or more of the third share drawn by a Member State
                            Article 2                               has been used up , that Member State shall , in accordance
                                                                    with the conditions laid down in paragraph 1 , draw a
1 . The tariff quotas laid down in Article 1 shall be divided       fourth share equal to the third .
into twp instalments .
2 . A first instalment of each tariff quota shall be allocated      This process shall continue until the reserve is used up .
among certain Member States; the respective shares which
shall be valid until 31 March 1987 shall amount to the
quantities indicated below:                                         4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                    Member State may draw shares smaller than those fixed in
( a) new potatoes of subheading 07.01 A II :                        those paragraphs if there is reason to believe that they
     Benelux                                        25 tonnes ,     might not be used up . It shall inform the Commission of its
     Denmark                                        85 tonnes ,     reasons for applying this paragraph .
     Spain                                         660 tonnes ,
     United Kingdom                              4 540 tonnes ,
( b) avocados of subheading 08.01 D :
     Benelux                                        10 tonnes ,
                                                                                                Article 4
     Germany                                         5 tonnes ,
     Spain                                       1 085 tonnes ,
     France                                         80 tonnes ,     Each of the additional shares drawn pursuant to Article 3
                                                                    shall be valid until 31 March 1987 .
     United Kongdom                                470 tonnes .
3 . The second         instalment     of each     quota ,  i.e.
respectively:
— 1 332 tonnes for new potatoes of subheading 07.01                                             Article 5
     All,
     and                                                            The Commission shall keep an account of the shares
                                                                    opened by the Member States pursuant to Articles 2 and 3
— 410 tonnes for avocados of subheading 08.01 D ,                   and , as soon as it is notified , shall inform each State of the
                                                                    extent to which the reserves have been used up .
shall constitute the corresponding Community reserve .
4 . If an importer notifies the imminent import of the              It shall ensure that the drawing which exhausts any reserve
product in question into the other Member States and                does not exceed the balance available and , to this end , shall
 ---pagebreak--- 31 . 12 . 86                           Official Journal of the European Communities                            No L 377 / 15
notify the amount of that balance to the Member State             4 . The extent to which a Member State has used up its
making the last drawing.                                          shares shall be determined on the basis of the imports
                                                                  charged against shares under the conditions provided for in
                                                                  paragraph 3 .
                            Article 6
                                                                                            Article 7
1 . The Member States shall take every measure necessary
to ensure that additional shares drawn pursuant to                At the Commission's request, the Member States shall
Article 3 are opened in such a way that imports may be            inform it of imports of the products concerned actually
charged without interruption against their accumulated            charged against their shares .
shares of the tariff quota .
                                                                                            Article 8
2 . The Member States shall ensure that importers of the
products in question have free access to the shares
allocated to them .                                               The Member States and the Commission shall cooperate
                                                                  closely to ensure that this Regulation is complied with .
3 . The Member States shall charge imports of the
products in question against their shares as and when the                                   Article 9
products are entered with the customs authorities for free
circulation .                                                     This Regulation shall enter into force on 1 January 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States . /
                 Done at Brussels , 22 December 1986 .
                                                                                      For the Council
                                                                                        The President
                                                                                          G. SHAW