CELEX: 51987PC0459
Language: en
Date: 1987-10-12
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for Chinese cabbages falling within heading 07.01 B ex III of the Common Customs Tariff and originating in the Canary Islands (1987) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 459
Vol. 1987/0237
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(87 ) 459 final
                                                    Brussels , 12 October 1987
                                     Proposal for a
                              COUNCIL REGULATION ( EEC )
 opening and providing for the administration of a Community tariff quota
    for Chinese cabbages falling within heading 07.01 B ex III of the
                Common Customs Tariff and originating in the
                                 Canary Islands ( 1987 )
                        ( presented by the Commission )
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 ---pagebreak---                               EXPLANATORY MEMORANDUM
1.   According to Article 6 of Council Regulation ( EEC ) No 1391 /8?
     concerning certain adjustments to the arrangements applied to the
     Canary Islands Chinese cabbages falling within subheading 07.01 B
     ex III of the Common Customs Tariff , and originating in the Canary
     Islands shall qualify during the period 1 November to 31 December
     of each year on import into the customs territory of the Community
     for reduced duties within the limit of a Community tariff quota of
     100 tonnes .
     Where the said products are imported into that part of Spain which
     is included in the customs territory of the Community , they shall
     qualify for exemption from customs duties and they must not comply
     with the reference price . 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 , provided that the
     reference prices are complied with .
     This tariff quota should therefore be opened for the period 1
     November to 31 December 1987 .
2.   Since the quota is to cover requirements which cannot be determined
     with sufficient accuracy no quota shares shall be allocated to the
     Member States .   Consequently , the entire volume of the quota
     is to be used to build up a Community reserve .
     As regards the method of administration to be applied by all the Member
     States , the Commission proposes the "as and when " system .
     This is the purpose of the attached proposal .
ANNEX : Proposai for a Régulation
 ---pagebreak---                                                      Proposai for a
                                        COUNCIL REGULATION ( EEC )
                      opening,         and providing for the administration of a Community tariff quota for
               Ch inese cabbages falling within subheading 07.01 8 ex III of the Common Customs
                                       Tariff and originating in the Canary Islands ( 1987 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             with certain marking and labelling conditions designed to
                                                                       prove their origin ;
  Having regard to the Treaty establishing the European                Whereas it is necessary , in particular , to ensure to all
  Economic Community ,                                                 Community importers equal and uninterrupted access to
                                                                       the abovementioned quota and uninterrupted application
 Having regard to Council Regulation ( EEC ) No 1391 / 87              of the rates laid down for that quota to all imports of the
 of 18 May 1987 concerning certain adjustments to the                  products concerned into all Member States until the quota
 arrangements applied to the Canary Islands ( ' ), and in              has been used up ; whereas , however , since the quota is to
 particular Articles 6 and 10 thereof,                                 cover requirements which cannot be determined with
                                                                       sufficient accuracy , it seems possible to avoid allocating it
 Having regard to the proposal from the Commission ,                   among the Member States , without prejudice to the
                                                                       drawing against the quota volume of such quantities as
 Whereas under Article 5 of Regulation ( EEC ) No                      they may need , under conditions and according to a
  1 391 / 87 , Chinese cabbages falling within subheading              procedure to be specified ; whereas this method of
07 . 01 8 ex III of the Common Customs tariff and                      management requires close cooperation between the
 originating in the Canary Islan ds shall qualify during the           Member States and the Commission and the latter must in
 period li'bverrber to 31 ^<'^9rffch year on import into               particular be able to monitor the rate at which the quota is
 the customs territory of the Community for reduced duties             used up and inform the Member States thereof;
 within the limit of a Community tariff quota of 100
 tonnes ;                                                              Whereas , since the Kingdom of Belgium , the Kingdom of
                                                                       the Netherlands and the Grand Duchy of Luxembourg are
 Whereas , when the said products are imported into that               united within and jointly represented by the Benelux
 part of Spain which is included in the customs territory of           Economic Union , all transactions concerning the
 the Community , they qualify for exemption from customs               administration of shares allocated to that economic union
 duties and are not subject to compliance with the reference           may be carried out by any one of its members ,
 price ; whereas , when the said products are imported into
 Portugal , the quota duties applicable are to be calculated
 on the basis of the relevant provisions of the Act of                 HAS ADOPTED THIS REGULATION :
 Accession of Spain and Portugal ; whereas , when the said
 products are released for free circulation in the remainder
 of the customs territory of the Community , they qualify for                                      Article 1
 the progressive reduction of customs duties according to
 the same timetable and under the same conditions as those             1 . ( a ) From l Nrvemoer until 31 Decetrber 1987 the duty of
 provided for in the Act of Accession for the same products                      the Common Customs tariff applicable on the
 and imported from the same countries, provided that the                         import into the Community for the following
 reference prices are complied with ; whereas , to qualify for                   products shall be suspended at the level and within
 the tariff quota , the products in question have to comply                      the limit of a Community tariff quota as follows:
        Order
                            CCT                                                                            Quota
                          heading                              Description                                volume       Quota duty
         No
                             No                                                                          ( tonnes )       c% )
                   07.01                 Vegetables , fresh or chilled :
                                        B. Cabbages , cauliflowers and
                                             Brussels sprouts :
                                             ex III       Other :
 09.0437                                          - Chinese cabbages ,
                    .
                                                     originating in the
                                                     Canary Islands                                     100               12,2
      ( 1 ) 0J No L 133 , 22.5.198 7 , p. 5
 ---pagebreak---                                                               -2-
       ( b) Where the said products are imported into that part                                Artide 2
            of Spain which is included in the customs territory
            of the Community, they shall qualify for exemption        1 . Member States shall take all appropriate measures to
            from customs duties and are not subject to               ensure that their drawings pursuant to Article 1 (4) are
            compliance with the reference price.                     carried out in such a way that imports may be charged
                                                                     without interruption against their accumulated shares of
      (c) Within the limit of this tariff quota , the Portuguese     the Community quota .
            Republic shall apply customs duties calculated
            according to the relevant provisions of the Act of
            Accession and the Regulations relating thereto .         2 . Each Member State shall ensure that importers of the
                                                                     said goods have access to the quota so long as the residual
 2 . On import , the said products shall , in the event of any       balance of the quota volume so permits.
 countervailing duty being applied under Regulation ( EEC )
 No 1035 / 72 of 18 May 1972 on the common organization              3 . Member States shall charge imports of the said goods
 of the market in fruit and vegetables ( ' ), as last amended by     against their drawings as and when the goods are entered
 Regulation ( EEC) No 1351 / 86 ( 2 ), benefit from a                for free circulation .
 reduction of 4 % of that duty .
 3 . ( a) Without prejudice to the other provisions applicable       4 . The extent to which the quota has been used up shall
            as regards quality standards , products covered by       be determined on the basis of the imports charged in
            this Regulation cannot qualify under the tariff          accordance with paragraph 3 .
            quota unless , when they are presented to the
            authorities responsible for the import formalities for
            the purposes of release into free circulation in the                               Article 3
            customs territory of the Community , they are
            presented in packaging which bears the words             At the request of the Commission , Member States shall
            ‘Canary Islands’ , or the equivalent thereof in          inform it of imports actually charged against the quota .
            another official Community language , in a clearly
            visible and perfectly legible form .
      (b) The third and fourth subparagraphs of Article 9 of                                   Article 4
            Council Regulation ( EEC ) No 1035 / 72 shall not
            apply to products covered by this Regulation .           The Member States and the Commission shall collaborate
4 . If an importer notifies an imminent importation of the           closely in order to ensure that this Regulation is complied
                                                                     with .
product in question in a Member State 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                                     Article 5
available balance of the reserve permits this .
                                                                     This Regulation shall enter into force on
5 . The shares drawn pursuant to paragraph 4 shall be                1    November 1987 .
valid until the end of the quota period .
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States .
                      Done at Brussels,
                                                                                       For the Council
                                                                                        The President
( ' ) OJNoL 118,20.5 . 1972 , p. 1 .
(*) OJ No L 1 19 , 8 . 5 . 1986 , p. 46 .