CELEX: 31987R1490
Language: en
Date: 1987-05-26 00:00:00
Title: Council Regulation (EEC) No 1490/87 of 26 May 1987 opening, allocating and providing for the administration of a Community tariff quota for new potatoes falling within subheading 07.01 A II of the Common Customs Tariff and originating in the Canary Islands (1987)

No L 140 / 6                                Official Journal of the European Communities                                  30 . 5 . 87
                                              COUNCIL REGULATION ( EEC ) No 1490 / 87
                                                               of 26 May 1987
                      opening, allocating and providing for the administration of a Community tariff quota for
                      new potatoes falling within subheading 07.01 A II of the Common Customs Tariff and
                                                  originating in the Canary Islands ( 1987)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               deduction of quantities imported during the first five
                                                                          months of 1987 under Regulation ( EEC ) No 4045 / 86
                                                                          from the quota volume opened by this Regulation ;
  Having regard to the Act of Accession of Spain and
  Portugal ( J ), and in particular Article 4 of Protocol No 2
  annexed thereto ,                                                       Whereas it is in particular necessary to ensure for all
                                                                          Community importers equal and uninterrupted access to
                                                                          the abovementioned quotas and uninterrupted application
                                                                          of the rates laid down for this quota to all imports of the
  Having regard to the proposal from the Commission ,                    products concerned into all Member States until the quota
                                                                         has been used up ; whereas , having regard to the principles
                                                                         mentioned above , the Community nature of the quota can
                                                                         be respected by allocating the Community tariff quota
  Whereas , according to Article 4 of Protocol No 2 annexed              among the Member States ; whereas , in order to reflect as
  to the Act of Accession , new potatoes falling within                  accurately as possible the true trend of the market in the
  subheading 07.01 A II of the Common Customs Tariff and                 products in question , such allocation should be in
  originating in the Canary Islands qualify , on import into             proportion to the requirements of the Member States ,
  the customs territory of the Community , for reduced duties            calculated by reference to the statistics for imports of the
  within the limits of a Community tariff quota of 6 642                 products concerned originating in the Canary Islands over
  tonnes for the period 1 January to 30 June ;                           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 ; whereas , when the said products are imported into             available , imports into each of the Member States were as
 Portugal , the quota duties applicable are to be calculated             follows :
 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                                                                            f tonnes)
 territory of the Community , they qualify for the                                 Member States           1983      1984       1985
 progressive reduction of customs duties according to the
 same timetable and under the same conditions as those                                                        4       61           21
                                                                         Benelux
 provided for in Article 75 of the Act of Accession ; whereas ,          Denmark                            93       226        127
 to qualify for the tariff quota , the products in question              Germany                             —          4          —
 have to comply with certain marking and labelling                       Greece                              —        —            —
 conditions designed to prove their origin ;                             Spain                             818       818           24
                                                                         France                             23        —
                                                                                                                                   38
                                                                         Ireland                             —         —           —
                                                                         Italy                               —        —            —
 Whereas by Regulation ( EEC ) No 4045 / 86 ( 2 ), as                    Portugal                            —        —            —
 amended by Regulation ( EEC ) No 914 / 87 ( J), the Council             United Kingdom                  6 754     6 728      6 496
 has opened for the period 1 January to 31 May 1987 the
 annual tariff quota for new potatoes laid down in the
 abovementioned Protocol No 2 ; whereas this tariff quota
 should be opened for the first half-year of 1987 , while
 taking into account the necessity to provide for the                    Whereas in the last three years the products in question
                                                                         were imported regularly only by certain Member States and
                                                                         not at all or only occasionally by the other Member States ;
                                                                         whereas , under these circumstances , in the first phase ,
(') OJ No L 302 , 15 . 11 . 1985 , p. 23 .                               initial shares should be allocated to the genuine importing
( 2 ) OJ No L 377 , 31 . 12 . 1986 , p . 12 .                            Member States and the other Member States should be
( 3 ) OJ No L 89 , 1 . 4 . 1987 , p. 4 .                                 guaranteed access to the benefit of the tariff quotas when
 ---pagebreak---  30 . 5 . 87                                 Official Journal of the European Communities                                    No L 140 / 7
 imports actually take place in the latter ; whereas these                 monitor the extent to which the quota amount has been
 arrangements for allocation will equally ensure the uniform               used up and to inform Member States thereof;
 application of the Common Customs Tariff;
                                                                           Whereas , if, at a given date in the quota period , a
 Whereas , in order to take into account import trends for                 substantial quantity remains unused in any Member State ,
 the products concerned in the various Member States , the                 it is essential that that Member State should return a
 quota should be divided into two instalments , the first                  significant proportion to the corresponding reserve to
 being shared among certain Member States and the second                   prevent a part of the tariff quota from remaining unused in
constituting a reserve to cover the subsequent requirements                one Member State when it could be used in others ;
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            Whereas , since the Kingdom of Belgium , the Kingdom of
importers in each Member State a certain degree of                        the Netherlands and the Grand Duchy of Luxembourg are
security , the first instalment of the Community quotas                   united within and jointly represented by the Benelux
should , under the circumstances , be fixed at 80 %                       Economic Union , any operation relating to the
respectively of the quota volume ;                                        administration of the quota share allocated to that
                                                                          economic union may be carried out by any of its
                                                                          members ,
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
                                                                          HAS ADOPTED THIS REGULATION :
State which has almost used up its initial quota share
should draw an additional share from the corresponding
reserve ; whereas this must be done by each Member State
as and when its additional share is almost used up , and                                               Article 1
repeated as many times as the reserve allows ; whereas the
initial and additional shares must be valid until the end of               1 . ( a ) Until 30 June 1987 , the customs duties applicable
the quota period ; whereas this method of administration                             on the import into the Community for the following
requires close cooperation between the Member States and                             products shall be suspended at the levels and within
the Commission and the latter must be in a position to                               the limits of a Community tariff quota as follows:
                               CCT
           Order
             No
                              heading                           Description                           Quota volume        Quota duties
                                 No
          09.0414       07.01 A II            New potatoes , originating in the Canary                   6 642             From 1 to
                                              Islands                                                   tonnes              30 June :
                                                                                                                             15,7 %
     ( b ) Where the said products are imported into that part            Islands', or the equivalent thereof in another official
           of Spain which is included in the customs territory            Community language , in a clearly visible and perfectly
           of the Community , they shall qualify for exemption            legible form .
           from customs duties .
     ( c) Within the limits of this tariff quota , the Portuguese
           Republic shall apply customs duties calculated
           according to the relevant provisions of the Act of                                          Article 2
           Accession and the Regulations relating thereto .
                                                                           1 . A first instalment amounting to 5 310 tonnes of the
                                                                          Community tariff quota referred to in Article 1 shall be
                                                                          allocated among the Member States; the shares shall be
2 . Without prejudice to the other provisions applicable as               valid until 30 June 1987 and shall be as follows :
regards quality standards , products covered by this
Regulation cannot qualify under the tariff quotas unless ,
when they are presented to the authorities responsible for                       Benelux                                        25 tonnes ,
the import formalities for the purposes of release into free                     Denmark                                        85 tonnes ,
circulation in the customs territory of the Community , they                     Spain                                         660 tonnes ,
are presented in packaging which bears the words 'Canary                         United Kingdom                             4 540 tonnes .
 ---pagebreak--- No L 140 / 8                                Official Journal of the European Communities                                     30 . 5 . 87
2.    The second instalment of 1 332 tonnes shall constitute                                       Article 5
the reserve .
                                                                       The Commission shall keep an account of the shares
                                                                       opened by the Member States pursuant to Articles 2 and 3
3 . If an importer notifies the imminent import of the                 and , as soon as it is notified , shall inform each State of the
product in question into the other Member States and                   extent to which the reserves have been used up .
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               It shall ensure that the drawing which exhausts the reserve
that the available balance of the reserve so permits .                 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 .
4 . The quantities charged against the share allocated to
the Member States in accordance with Article 2 ( 1 ) of
Regulation ( EEC ) No 4045 / 86 or drawn by those States
from the Community reserve constituted under Article 2
( 2 ) of this Regulation shall be deducted from the shares and                                     Article 6
from the reserve provided for in this Article .
                                                                       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
                             Article 3                                 shares of the tariff quota .
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 . The Member States shall ensure that importers of the
extent permitted by the amount of the reserve , that                   products in question have free access to the shares allocated
Member State shall forthwith , by notifying the                        to them .
Commission , draw a second share equal to 10 % of its
initial share , rounded up where necessary to the next
unit .                                                                 3 . The 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
2 . If, after one of its initial shares has been used up , 90 %        circulation .
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            4 . The extent to which a Member State has used up its
share equal to 5 % of its initial share , rounded up where             shares shall be determined on the basis of the imports
necessary to the next unit .                                           charged against shares under the conditions provided for in
                                                                       paragraph 3 .
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 used up , that Member State shall , in accordance
with the conditions laid down in paragraph 1 , draw a                                              Article 7
fourth share equal to the third .
                                                                       At the Commission's request , the Member States shall
                                                                       inform it of imports actually charged against their shares .
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                                           Article 8
those paragraphs if there is reason to believe that they
might not be used up . It shall inform the Commission of its           The Member States and the Commission shall cooperate
reasons for applying this paragraph .
                                                                       closely to ensure that this Regulation is complied with .
                             Article 4
                                                                                                   Article 9
Each of the additional shares drawn pursuant to Article 3
shall be valid until 30 June 1987 .                                    This Regulation shall enter into force on 1 June 1987 .
 ---pagebreak--- 30 . 5 . 87                       Official Journal of the European Communities                     No L 140 / 9
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels , 26 May 1987 .
                                                                           For the Council
                                                                            The President
                                                                        P. DE KEERSMAEKER