CELEX: 31985R3809
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3809/85 of 20 December 1985 opening, allocating and providing for the administration of Community tariff quotas for beans (of the species Phaseolus), onions and sweet peppers falling within heading ex 07.01 of the Common Customs Tariff and originating in the Canary Islands (1986)

No L 367 / 56                                Official Journal of the European Communities                                              31 . 12 . 85
                                            COUNCIL REGULATION ( EEC ) No 3809 / 85
                                                               of 20 December 1985
                   opening, allocating and providing for the administration of Community tariff quotas for beans
                   ( of the species Phaseolus) onions and sweet peppers falling within heading ex 07.01 of the
                               Common Customs Tariff and originating in the Canary Islands ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                       the provisions belonging to the Act of Accession ; whereas ,
                                                                                when the said products are released for free circulation in the
Having regard to the Act of Accession of Spain and                              remainder of the customs territory of the Community , they
Portugal (*), and in particular Article 4 of Protocol No 2                      shall qualify for the progressive reduction of customs duties
annexed thereto ,                                                               according to the same timetable and under the same
                                                                                conditions as those provided for in Article 75 of the Act of
                                                                                Accession ; whereas , to qualify for the tariff quota , the
Having regard to the proposal from the Commission ,                             products in question have to comply with certain marking
                                                                                and labelling conditions designed to prove their origin ;
Whereas , according to Article 4 of Protocol No 2 and Article                   whereas , according to the relevant provisions in the Act of
10 of Protocol No 3 annexed to the Act of Accession , beans ,                   Accession , the tariff measures take effect only from 1 March
onions and sweet peppers falling within heading ex 07.01 of                      1986 ; whereas the tariff quotas in question should therefore
the Common Customs Tariff and originating in the Canary                         be opened for the period 1 March to 31 December 1986 ;
Islands qualify on import into the customs territory of the
Community for reduced duties within the limits of annual                        Whereas it is in particular necessary to ensure for all
Community tariff quotas ; whereas the quota volumes                             Community importers equal and uninterrupted access to the
amount to :                                                                     abovementioned quotas and uninterrupted application of the
                                                                                rates laid down for these quotas to all imports of the products
— 1 219 tonnes for beans ( of the species Phaseolus)                            concerned into all Member States until the quotas have been
                      of subheading 07.01 F II ,                                used up ; whereas , having regard to the principles mentioned
                                                                                 above , the Community nature of the quotas can be respected
— 5 348 tonnes for onions of subheading ex 07.01 H                               by allocating the Community tariff quotas among the
                      and ,                                                      Member States ; whereas , in order to reflect as accurately as
                                                                                possible the true trend of the market in the products in
— 160 605 tonnes for sweet peppers of subheading                                 question , such allocation should be in proportion to the
                      07.01 S ;                                                  requirements of the Member States , calculated by reference
                                                                                 to the statistics for imports of the products concerned
Whereas where the said products are imported into that part                      originating in the Canary Islands over a representative
of Spain which is included in the customs territory of the                       reference period and also to the economic outlook for the
Community , they qualify for exemption of customs duties ;                       quota period in question ;
whereas , where the said products are imported into Portugal ,
the quota duties applicable are to be calculated on the basis of                 Whereas , during the last three years for which statistics are
                                                                                 available , imports into each of the Member States were as
t 1 ) OJ No L 3UZ , 15. 11 . 1985 , p. 23 .                                      follows ( in tonnes ):
                                                      - 07.01 F II -                       -
                                                                                             ex 07.01 H -
                                                                                                                             - 07.01 S -
              Member States                  beans ( of the species Phaseolus )                onions                       sweet peppers
                                              1982          1983        1984         1982       1983       1984     i 982        1983        1984
Benelux                                       216           418          338        1 349         _
                                                                                                            31     9 430        7 781       8 716
Denmark                                        -              -           -           -           -         -
                                                                                                                      171           34           6
Germany                                         19            14          18          736         -
                                                                                                            24     1 386          443         426
Greece                                         -              -           -           -           -         -         -           -            -
 Spain                                               average of 723                       average of 4 488                 average of 279
 France                                        -              -           -           -                     -
                                                                                                                         9           8          30
 Ireland                                       -              -           -           -
                                                                                             -1         ''  -         -
                                                                                                                                     1         -
 Italy                                         -              -           -           -           -         -         -           -            -
 Portugal                                      -              -           -           -           -         -         -            -           -
 United Kindom                                 41            116         309          308         -
                                                                                                           133     7 548        6 137       6 851
 ---pagebreak--- 31 . 12 . 85                               Official Journal of the European Communities                                        No L 367 / 57
Whereas m the last three years the products in question were          Article 4 of Protocol No 2 annexed to the Act of
only imported regularly by certain Member States and not at           Accession ,
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            HAS ADOPTED THIS REGULATION :
the benefit of the tariff quotas when imports take place in the
latter ; whereas these arrangements for allocation will equally                                        Article 1
ensure the uniform application of the Common Customs
Tariff;
                                                                      1.      From 1 March to 31 December 1986 , Community
                                                                      tariff quotas shall be opened in the Community for the
                                                                      following products , originating in the Canary Islands and
                                                                      within the limits indicated below :
Whereas , in order to take into account import trends for the
products concerned in the various Member States , each
quotas should be divided into two instalments , the first being             CCT                                                        Quota
                                                                          heading                      Description                    volume
shared among certain Member States and the second                             No                                                     ( tonnes )
constituting a reserve to cover the subsequent requirements
of these Member States where they have used up their initial               07.01         Vegetables , fresh or chilled :
shares and any additional requirements which might arise in
the other Member States ; whereas , in order to give importers                           F. Leguminous vegetables ,
                                                                                              shelled or unshelled :
in each Member State a certain degree of security , the first
instalment of the Community quotas should , under the                                         II . Beans ( of the species
                                                                                                   Phaseolus )                          1 219
circumstances , be fixed at 80% respectively of the quota
volumes ;                                                                                H. Onions , shallots and garlic :
                                                                                               — Onions                                 5 348
                                                                                         S. Sweet peppers                             16 605
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                2 . ( a ) Where the said products are imported into that part
State wrhich has almost used up its initial quota shares should                   of Spain which is included in the customs territory of
draw an additional share from the corresponding reserve ;                         the Community , they shall qualify for exemption
whereas this must be done by each Member State as and                             from customs duties .
when each of its additional shares is almost used up , and
repeated as many times as the reserve allows ; whereas the                 ( b ) Within the limits of these quotas the Portuguese
initial and additional shares must be valid until the end of the                  Republic shall apply customs duties calculated
quota period ; whereas this method of administration                              according to the relevant provisions of the Act of
requires close cooperation between the Member States and                          Accession and the Regulations relating thereto .
the Commission and the latter must be in a position to                     ( c ) Where the said products are released for free
monitor the extent to which the quota amounts have been                          circulation in the remainder of the customs territory
used up and to inform Member States thereof;                                     of the Community , the quota duties indicated below
                                                                                  for each of the tariff subheadings shall be
                                                                                 applicable :
Whereas , if, at a given date in the quota period , a substantial
quantity remains unused in any Member State , it is essential                                   CCT
                                                                                                                            Quota duty
                                                                                           heading No
that that Member State should return a significant
proportion to the corresponding reserve to prevent a part of
                                                                                 07.01 F II :
any tariff quota from remaining unused in one Member State
when it could be used in others ;                                                — From 1 March
                                                                                     to 30 June                     1 1 ,8 % subject to a
                                                                                                                    minimum of 1,8 ECU
                                                                                                                    per 100 kg net
Whereas , since the Kingdom of Belgium , the Kingdom of the                      — From 1 July
Netherlands and the Grand Duchy of Luxembourg are united                             to 30 September                 15,4 % subject to a
within and jointly represented by the Benelux Economic                                                              minimum of 1,8 ECU
                                                                                                                    per 100 kg net
Union , any operation relating to the administration of the
                                                                                 — From 1 October
quota shares allocated to that economic union may be carried                         to 31 December                  11,8 % subject to a
out by any of its members ,                                                                                         minimum of 1,8 ECU
                                                                                                                    per 100 kg net
                                                                                 ex 07.01 H :                        10,9 %
Whereas , according to Article 2 ( 3 ) of the Treaty of
Accession of Spain and Portugal , the Community institutions                        07.01 S :                         5,7 %
 may adopt , before accession , the measures referred to in
 ---pagebreak--- No L 367 / 58                                  Official Journal of the European Communities                                      31 . 12 . 85
3 . ( a ) Without prejudice to the provisions applicable as               4.    If an importer notifies the imminent import of the
            regards quality standards , products covered by this          product in question into the other Member States and
            Regulation cannot qualify under the tariff quotas             requests the benefit of the quota , the Member State
            unless , when they are presented to the authorities           concerned shall inform the Commission and draw an amount
            responsible for the import formalities for the                corresponding to these requirements to the extent that the
            purposes of release into free circulation in the              available balance of the reserve so permits .
            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                                          Article 3
            visible and perfectly legible form .
      ( b ) The provisions of the third and fourth                        1.     If 90 % or more of a Member State's initial share as
            subparagraphs of Article 9 of Council Regulation              specified in Article 2 ( 2 ), or 90 % of that share minus the
            ( EEC No 1035 / 72 of 18 May 1972 on the                      portion returned to the corresponding reserve where Article 5
            common organization of the market in fruit and                has been applied , has been used up , then , to the extent
            vegetables (' ), as last amended by Regulation ( EEC )        permitted by the amount of the reserve , that Member State
            No 1631 / 84 ( 3 ), shall not apply to products               shall forthwirth , by notifying the Commission , draw a
            covered by this Regulation .                                  second share equal to 10 % of its initial share , rounded up
                                                                          where necessary to the next unit .
                                Article 2
                                                                          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
 1.      The tariff quotas laid down in Article 1 shall be divided        been used up , then that Member State shall , in accordance
into two instalments .
                                                                          with the conditions laid down in paragraph 1 , draw a third
                                                                          share equal to 5 % of its initial share , rounded up where
2.       A first instalment of each tariff quota shall be shared          necessary to the next unit .
among certain Member States ; the respective shares which ,
subject to Article 5 , shall be valid until 31 December 1986 ,
shall amount to the quantities indicated below :                          3.     If, after one of its second shares has been used up , 90 %
                                                                          or more of the third share drawn by a Member State has been
( a ) beans ( of the species Phaseolus) falling within                    used up , that Member State shall , in accordance with the
        subheading 07.01 F II :                                           conditions laid down in paragraph 1 , draw a fourth share
        Benelux                                         260  tonnes ,     equal to the third .
        Germany                                           15 tonnes ,
        Spain                                           580  tonnes ,     This process shall continue until the reserve is used up .
        United Kingdom                                  120  tonnes ;
( b ) onions falling within subheading ex 07.01 H :                       4.     By way of derogation from paragraphs 1 , 2 and 3 , a
        Benelux                                         370  tonnes ,
                                                                          Member State may draw shares smaller than those fixed in
        Germany                                         200  tonnes ,
                                                                          those paragraphs if there is reason to believe that they might
        Spain                                         3 595  tonnes ,
                                                                          not be used up . It shall inform the Commission of its reasons
        United Kingdom                                  115  tonnes ;     for applying this paragraph .
( c ) sweet peppers falling within subheading 07.01 S :
       Benelux                                        6 920 tonnes ,
       Denmark                                            50 tonnes ,                                   Article 4
       Germany                                          600 tonnes ,
       Spain                                            240 tonnes ,      The additional shares drawn pursuant to Article 3 shall be
        United Kingdom                                5 470 tonnes .      valid until 31 December 1986 .
3.        The second        instalment      of  each    quota ,  i.e.
respectively
— 244 tonnes for beans ( of the species Phaseolus ) falling                                             Article 5
      within subheading 07.01 F II ,
— 1 068 tonnes for onions falling within subheading ex                    The Member States shall return to the reserve , not later than
      07.01 H and                                                          1 October 1986 such unused portion of their initial share as ,
                                                                          on 15 September 1986 is in excess of 20 % of the initial
— 3 325 tonnes for sweet peppers falling within subheading                volume . They may return a larger quantity if there are
      07.01 S shall constitute the corresponding Community                grounds for believing that this quantity may not be used .
      reserve .
;») OJ No L 118 , 20 . 5 . 1972 , p . 1 .                                 The Member States shall notify the Commission , not later
( 2 ) OJ No L 154 , 9 . 6 . 1984 , p . 24 .                               than 1 October 1 986 of the total quantities of the products in
 ---pagebreak--- 3i . 12 . 85                               Official Journal of the European Communities                              No L 367 / 59
question imported up to 15 September 1986 and charged                 3.    The Member States shall charge the imports of the
against the tariff quota and of any quantity of the initial           products concerned against their shares as and when the
shares reiurned to the reserve .                                      products are entered whith customs authorities for free
                                                                      circulation .
                              Article 6                               4.    The extent to which a Member State has used up its
                                                                      share shall be determined on the basis of the imports of the
                                                                      products concerned , originating in the Canary Islands ,
The Commission shall keep an account of the shares opened
                                                                      entered with the customs authorities accompanied by
by the Member States pursuant to Articles 2 and 3 and , as            statements of release for free circulation .
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
                                                                                                 Article 8
l tJ S6 of the amount in each reserve after quantities have been
returned there to pursuant to Article 5 .
                                                                      At the Commission's request , the Member States shall inform
It shall ensure that the drawing which exhausts any reserve           it of imports of the products concerned actually charged
does not exceed the balance available and , to this end , shall       against their shares .
notify the amount of that balance to the Member State
making the last drawing .
                                                                                                 Article 9
                              Article 7
                                                                      The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
1.      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
tariff quota .                                                                                  Article 10
2.      The Member States shall ensure that importers of the          This Regulation shall enter into force on 1 January 1986
products m question have free access to the shares allocated          subject to the entry into force of the Treat} of Accession of
to them .                                                             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 Council
                                                                                       The President
                                                                                       R. STEICHEN