CELEX: 51988PC0515
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 tomatoes, cucumbers and aubergines originating in the Canary Island (1989) (presented by the Commission)

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COM (88) 515
Vol. 1988/0183
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(88) 515     final
                                              Brussels , 3 October 1988
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
      Opening , allocating and providing for the administration of
     Community tariff quotas for tomatoes , cucumbers and aubergines
     originating in the Canary Island ( 1989 )
                      ( presented by the Commission )
 ---pagebreak---                                EXPLANATORY NENDRANDUM
1 . By virtue of Article 4 of Protocol 2 to the 1985 Act of Accession ,
    tomatoes , cucunbers and aubergines falling within CN codes 0702 00 10
    0702 00 90, 0707 00 11 , 0707 00 19 or 0709 30 00
                     and originating in the Canary Islands qualify on import
    into the customs territory of the Carmunity for reductions in custans
    duties within the limits of annual Ocmnunity tariff quotas . Calculted
    on the basis of the said Article 4, with the adjustments provided for
    in Article 2 of Council Regulation (EEC ) No 1391 /87 of 18 May 1987
    taken into account , the quota volumes are as follows :
    - 173 000 tonnes of tomatoes falling within CN codes 0702 00 10 or
         0702 00 90 ;
    - 20 663 tonnes of cucumbers falling within       CN codes 0707 00 11 or
         0707 00 10 ;
    - 3 819 tonnes of aubergines falling within CN code 0709 30 00 .
    i friere these products are imported into that part of Spain vfriich is
     included in the customs territory of the Corrmunity , they qualify for
    exemption from customs duties and are not subject to observance of the
     reference prices .
    ". friere these products are imported into Portugal the duties applicable
     are to be calculated in accordance with the relevant provisions of the
     Act of Accession .
    Where these products are released for free circulation in the
     remainder of the customs territory of the Oonmunity, 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 the reference prices are observed .
    These tariff quotas should therefore be opened for 1989 .
 ---pagebreak---                                             2
2 . The proposal for a regulation opening these tariff quotas provides -
     as is customary in such cases - for each quota volume to ba divided
     into two parts , the first being allocated among the Member States as
     quota shares and the second being held as a reserve .
     Allocation of the volume of the first part of eadh 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 , vjhile ether
     Member States are guaranteed access to the tariff quotas as and vhen
     inports are announced .
 3 . As regards the method of administration to be applied by all Member
     States , the Carraissicn proposed the " as and vhen" system.
 4 . This is the purpose of the attached proposal .
                                                                             3
 ---pagebreak---                                                     Proposai for a
                                     COUNCIL REGULATION (EEC) No .
                                                     of     .          ..
                  opening, allocating and providing for the administration of Community tariff
                  quotas for tomatoes, cucumbers and aubergines originating in the Canary
                                                          Islands ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              for free circulation in the remainder of the customs terri¬
 Having regard to the Treaty establishing the European                tory of the Community, they qualify for the progressive
 Economic Community,                                                 reduction of customs duties according to the same time¬
                                                                      table and under the same conditions as those provided for
 Having regard to the Act of Accession of Spain and                  in Article 75 of the Act of Accession, provided that the
Portugal, and in particular Article 4 of Protocol 2 annexed          reference prices are observed ; whereas, to qualify for the
thereto,                                                             tariff quotas, the products in question have to comply
                                                                     with certain marking and labelling conditions designed to
Having regard to the proposal from the Commission,                   prove their origin ; whereas the tariff quotas in question
                                                                     should therefore be opened for 1989 ;
Whereas, by virtue of Article 4 of Protocol 2 to the Act of
Accession and Article 2 of Council Regulation (EEC) No
 1391 /87 of 18 May 1987 concerning certain adjustments
to the arrangements applied to the Canary Islands ('),
tomatoes, cucumbers and aubergines falling within
 CN codes         0702 00 10,     0702 00 90,      0707 00 11 ,
0707 00 19 or 0709 30 00
and originating in the Canary Islands qualify on import
into the customs territory of the Community for reduced              Whereas equal and continuous access to the quotas
duties within the limits of annual Community tariff                  should be ensured for all Community importers and the
quotas ; whereas the quota volumes are as follows :                  rates laid down for the quotas should be applied consis¬
– 173 000 tonnes of tomatoes falling within CN codes                 tently to all imports of the products in question into all
     0702 00 10 or 0702 00 90,                                       Member States until the quotas are exhausted ; whereas, in
– 28 663 tonnes of cucumbers falling within CN COCfSS                the light of these principles, allocation of the tariff quotas
     0707 00 11 or 0707 00 19,                                       among the Member States would seem to preserve the
                                                                     Community nature of the quotas ; whereas, in order to
– 3 819 tonnes of aubergines falling within CN code                  correspond as closely as possible to the real trend of the
     0709 30 00 ;                                                    market for the products concerned, the allocation should
                                                                     reflect the requirements of the Member States based on
Whereas, where the said products are imported into that              statistics of imports of those products originating in the
part of Spain which is included in the customs territory of          Canary Islands during a representative reference period
the Community, they qualify for exemption from customs               and on the economic outlook for the quota period in
duties and are not subject to observance of the reference            question ;
price ; whereas, where the said products are imported into
Portugal, the quota duties applicable are to be calculated           Whereas, during the last three years for which statistics
in accordance with the relevant provisions of the Act of             are available, imports of Member States have developed as
Accession ; whereas, where the said products are released            shown in the following table :
                                                                                                                             (tonnes)
                             CN codes   0702 00 10              CN ædes 0707 oo 1 1               CN code    0709 30 00
                                        0702 00 90                          0707 00 19
         Member Suce                     Tomatoes                           Cucumbers                        Aubergines
                           μ ins           1M6       1967         19*3         19*6      1987        19*5       19*6        1987
                              75 188      57 041     55 013       6 000       11 566     12 209     2 352      2091        1 367
Benelux
Denmark                        3 605          59         257      1 987            45                  57           2
                              37 302       2 826      2 725       2 492         . 179        246    1 295        110            27
Germany
Greece
                              IS 430                  5 338            5                              174                      142
Spain
France                         7 770       1 944         312        345           211        829      454          40          133
                                  21          62          13           2            5          8
Ireland
                                               3          94
Italy
Portugal                    ‘ 90 063      95 220    103 284      11 255       15485      21 062     1 425      1 747       1 717
United Kingdom
(') OJ No L 133, 22. î. 1987, p. 5.
                                                                                                                                      k
 ---pagebreak---                                                                  - г -
Whereas in the last three years the products in question               whereas the initial and additional shares must be valid
were imported regularly only by certain Member States                  until the end of the quota period ; whereas this method of
and not at all or only occasionally by the other Member                administration requires dose cooperation between rhe
. ues ; wnereas . under these circumstances, in the first              Member States and the Commission and the latter must
phase, initial shares should be allocated to the genuine               be in a position to monitor the extent to which the quota
importing Member States and the other Member States                    amounts have been used up and to inform Member States
should be guaranteed access to the benefit of the tariff               thereof ;
quotas when imports actually take place in those Member
States ; whereas these allocation arrangements will equally
ensure the uniform application of the combined nomen¬                  Whereas, if, at a given date in the quota period , a consid ¬
clature duties ;                                                       erable quantity of one 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 a
                                                                       Community quota from remaining unused in one
                                                                       Member State when it could be used in others ;
Whereas, in order to take into account import trends for
the products concerned in the various Member States,                   Whereas, since the Kingdom of Belgium, the Kingdom of
each quota volume should be divided into two parts, the                the Netherlands and the Grand Duchy of Luxembourg
first being allocated among certain Member States and the              are united within and jointly represented by the Benelux
second constituting a reserve to cover the subsequent                  Economic Union , any operation relating to the adminis ¬
requirements of those Member States which have used up                 tration of the quota shares allocated to that economic
their initial share and also any additional requirements               union may be carried out by any of its members,
which might arise in other Member States ; whereas, in
order to give importers in each Member State a certain
degree of security, the first part of the Community quotas
should, under the circumstances, be fixed at 60 % respec¬
tively of each quota volume ;
                                                                       HAS ADOPTED THIS REGULATION :
                                                                                                    Article 1
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                   1 . (a) From 1 January to 31 December 1989 the customs
State which has almost used up its initial quota shares                           duties applicable to imports into the Community
should draw an additional share from the corresponding                            of the following products originating in the Canary
reserve ; whereas this must be done by each member State                          Islands shall be suspended at the levels indicated
as and when each of its additional shares is almost used                          and within the limits of Community tariff quotas
up, and repeated as many times as the reserve allows ;                            as shown below :
                                                                             Amount of
      Order                                                                                                 Rate of duty
       No
                   CN code                           Description             tariff quota                       <%>
                                                                               (tonnes)
09.0417           0702 00 10     Tomatoes, fresh or chilled                    173 000        – From 1 January to 29 February : 3,3%,
                  0702 00 90                                                                    MIN 0,6 ECU/1QÛ kg/net
                                                                                              – From 1 March to 14 May : 6,6%,
                                                                                                MIN 1,2 ECU/100 kg/net
                                                                                              – From 15 May to 31 October : 10,80!
                                                                                                MIN 2,1 ECU/1ÕG kg/net
                                                                                              – From   1  November to    31 December :
                                                                                                 6,6%, MIN 1,2 ECU/10Q kg/net
09.0419           0707 00 1 1    Cucumbers                                      28 663        – From 1 January to 15 May :    9,6%
                  0707 00 19                                                                  – From 16 May to 31 October : 12 %
                                                                                              – From   1  November to    31 December :
                                                                                                9,6 %
09.0421           0709 30 00     Aijb * *"i . . .j s                              3 819         9,6 %
 ---pagebreak---                                                                   - 3 -
            (b) Where the said products are imported into that               Benelux                         6 1 03 tonnes.
                part of Spain which is included in the customs               Denmark
                                                                                                                416    tonnes,
                territory of the Community, they shall qualify for           Germany                            599    tonnes,
                exemption from customs duties and are not subject
                to compliance with the reference price ;                     France                                6 tonnes.
                                                                             United Kingdom                  9 796 tonnes ;
            (c) Within the limits of these tariff quotas, the Portu¬
                                                                             Aubergines falling within CM cede 0709 30 00
                guese Republic shall apply customs duties calcu¬             combined nomenclature :
                lated according to the relevant provisions of the
                Act of Accession and the Regulations relating                Benelux                         1 015 tonnes,
                thereto .                                                    Germany                            252 tonnes.
                                                                             Spain                                57 tonnes.
                                                                             France                             111 tonnes.
       2.      On import, the said products shall, in the event of           United Kingdom                     855 tonnes ;
       any countervailing duty being applied under Regulation
       (EEC) No 1035 /72 of 18 May 1972 on the common or¬
       ganization of the market in fruit and vegetables ('), as last    3.     The second part of each quota shall be as follows
       amended by Regulation (EEC) No 1113/88 (2), benefit              and shall constitute the corresponding Community
                                                                        reserve :
       from a reduction of 6 % of that duty.
                                                                        – 69 200 tonnes of tomatoes falling within               CN codes
       3 . (a) Without prejudice to the other provisions appli ¬             0702 00 10 or 0702 00 90
                cable as regards quality standards, products covered
                by this Regulation cannot qualify under the tariff      – 11 463tonnes of cucumbers falling within               CN codes
                quotas unless, when they are presented to the                0707 00 11 or 0707 00 19
                authorities responsible for the import formalities
                 for the purposes of release into free circulation in
                the customs territory of the Community, they are        – 1529 tonnes of aubergines falling             within   CN cede
                 presented in packaging which bears the words                0709 30 00 .
                ‘Canary Islands , or the equivalent thereof in
                 another official Community language, in a clearly      4.     If an importer notifies the imminent import of the
                visible and perfectly legible form ;                    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
            (b) The third and fourth subparagraphs of Article 9 of
                 Council Regulation (EEC) No 1035/ 72, shall not        amount corresponding to its requirements to the extent
                                                                        that the available balance of the reserve so permits.
                 apply to products covered by this Regulation .
                                                                                                    Article 3
                                    Article 2
                                                                         1.    If a Member State has used 90 % or more of one of
        1.     The tariff quotas laid down in Article 1 shall be         its initial quota shares as specified in Article 2 (2), or of
        divided into two parts.                                         that share less any portion returned to the reserve
       2, A first pari: of respectively - 103 &GQ, 11 463 aid            pursuant to Article 5, it shall forthwith, by notifying the
                                                                         Commission and to the extent that the reserve so permits,
             2 290 tomes of each quota shall be allocated               draw a second share equal to 10 % of its initial share,
atncng  certain Member States ; the quota shares valid until 31          rounded up where necessary to the next whole number.
        December 1 9b 9^ shall be as follows :
                                            CN                           2.    If, after one of its initial shares has been used up,
        (a) tomatoes falling within /"codes 0702 00 10 and               90 % or more of the second share drawn by a Member
              0702 00 90 of the combined nomenclature :                 State has been used up, then that Member State shall, in
             Benelux                         35 105 tonnes              accordance with the conditions laid down in paragraph 1 ,
             Oermark                             758    rønnes,         draw a third share equal to 5 % of its initial share,
              Germany                          g 034 tonnes,            rounded up where necessary to the next unit.
              Spain                            3 903    tonnes.
              France                           1 889 tonnes.            3.     If, after one of its second shares has been used up,
              United Kingdom                 54 1 1 1 tonnes ;          90 % or . more of the third share drawn by a Member State
        (b) cucumbers       falling  within / codes   0707 00 1 1   or
                                                                         has been used up, that Member State shall, in accordance
                                                                        with the conditions laid down in paragraph 1 , draw a
              0707 00 i 9  :              CN
                                                                         fourth share equal to the third.
        (') OJ No L 118, 20 . 5. 1972. p. 1 .
        (:) OJ No L 11CS, 29.4.1968, p. 33.                             This process shall continue until the reserve is used up.
 ---pagebreak--- 4. By way of derogation from paragraphs 1 , 2 and 3, a          It shall ensure that the drawing which exhausts any
Member State may draw shares smaller than those fixed in        reserve does not exceed the balance available and. to this
those paragraphs if there is reason to believe that they        end, shall notify the amount of that balance to tne
might not be used up. It shall inform the Commission of         Member State making the last drawing.
its reasons for applying this paragraph.
                                                                                         Article 7
                           Article 4                            1 . The Member States shall take every measure neces¬
                                                                sary to ensure that additional shares drawn pursuant to
Each of the additional shares drawn pursuant to Article 3       Article 3 enable imports to be charged without r.terrup-
shall be valid until 31 December 1989 .                         tion against their accumulated shares of the tariff quota .
                                                                2. The Member Sates shall ensure that importers of
                           Article 5                            the products in question have free access to the share.-,
                                                                allocated to them .
The Member States shall return to the reserve, not later
than 1 October 1989, such unused portion of their initial       3.     Member States shall charge imports of the products
share as, on IS September 1 98 9 is in excess of 20 % of        in question against their shares as and when the products
                                                                are entered with the customs author-bee for free circula ¬
the initial volume . They may return a larger quantity if       tion .
there are grounds for believing that this quantity may not
be used .                                                       The extent to which a Member State has used up us
                                                                shares shall be determined on the basis of the imports
The Member States shall notify the Commission not later         charged against shares under the conditions provided for
than 1 October 198 9 of the total quantities of the             in paragraph 3 .
products in question imported up to 15 September 1989
and charged against the tariff quota and of any quantity of                              Article 8
the initial shares returned to the reserve .
                                                                At the Commission’s request, the Member States shall
                                                                inform it of imports of the products concerned actually-
                           Article 6
                                                                charged against their shares.
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                                     Article 10
October 198 9 of the amount in each reserve after quanti¬
ties have been returned thereto pursuant to Article 5.          This Regulation shall enter into force on 1 January 1989.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                             The President