CELEX: 31987R1489
Language: en
Date: 1987-05-26 00:00:00
Title: Council Regulation (EEC) No 1489/87 of 26 May 1987 opening, allocating and providing for the administration of Community tariff quotas for tomatoes, cucumbers and aubergines falling within heading No ex 07.01 of the Common Customs Tariff and originating in the Canary Islands (1987)

30 . 5 . 87                                 Official Journal of the European Communities                                No L 140 / 1
                                                                      I
                                                  (Acts whose publication is obligatory )
                                             COUNCIL REGULATION ( EEC) No 1489 / 87
                                                             of 26 May 1987
                    opening, allocating and providing for the administration of Community tariff quotas for
                    tomatoes , cucumbers and aubergines falling within heading No ex 07.01 of the Common
                                        Customs Tariff and originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                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
                                                                          Accession ; whereas , when the said products are released
 Having regard to the Act of Accession of Spain and                       for free circulation in the remainder of the customs
 Portugal ( J ), and in particular Article 4 of Protocol No 2            territory of the Community , they qualify for the
 annexed thereto ,                                                       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
 Having regard to the proposal from the Commission ,                     that the reference prices are complied with ; whereas , to
                                                                          qualify for the tariff quota , the products in question have
                                                                         to comply with certain marking and labelling conditions
 Whereas according to Article 4 of Protocol No 2 annexed                 designed to prove their origin ;
 to the Act of Accession , tomatoes , cucumbers , and
 aubergines falling within heading ex 07.01 of the Common               Whereas by Regulation ( EEC ) No 4044 / 86 ( 3 ), as amended
 Customs Tariff and originating in the Canary Islands                    by Regulation ( EEC ) No 914 / 87 ( 4), the Council has
 qualify on the import into the customs territory of the                 opened for the period 1 January to 31 May 1987 the
 Community for reduced duties in the limits of annual                    annual tariff quotas as provided for in the abovementioned
 Community tariff quotas ; whereas , the quota volumes                   Protocol No 2 ; whereas the tariff quotas in question should
amount to :
                                                                         therefore be opened for 1987 , while taking into account on
— 165 645 tonnes for tomatoes falling within subheading                  the one hand the amendment to the quota volume laid
      07.01 M of the Common Customs Tariff,                              down for tomatoes , and on the other hand the necessity to
                                                                        provide for the deduction of quantities imported during
— 28 663 tonnes for cucumbers falling within subheading                 the first five months of 1987 under Regulation ( EEC )
      07.01 P I of the Common Customs Tariff and                        No 4044 / 86 from the quota volumes opened by this
— 3 819 tonnes for aubergines falling within subheading                  Regulation ;
      07.01 T II of the Common Customs Tariff;
                                                                        Whereas it is in particular necessary to ensure for all
                                                                        Community importers equal and uninterrupted access to
Whereas under Article 2 of Council Regulation ( EEC) No                 the abovementioned quotas and uninterrupted application
 1391 / 87 of 18 May 1987 concerning certain adjustments                of the rates laid down for these quotas to all imports of the
to the arrangements applied to the Canary Islands ( 2 ), the            products concerned into all Member States until the quotas
quota volume laid down for tomatoes has been increased to               have been used up ; whereas , having regard to the principles
 173 000 tonnes ;                                                       mentioned above , the Community nature of the quotas can
                                                                        be respected by allocating the Community tariff quotas
                                                                        among the Member States ; whereas , in order to reflect as
Whereas , when the said products are imported into that                 accurately as possible the true trend of the market in the
part of Spain which is included in the customs territory of             products in question , such allocation should be in
the Community , they qualify for exemption from customs                 proportion to the requirements of the Member States ,
duties and are not subject to compliance with the reference             calculated by reference to the statistics for imports of the
H OJ No L 302 , 15 . 11 . 1985 , p. 23 .                                ( 3 ) OJ No L 377 , 31 . 12 . 1986 , p. 8 .
( 2 ) OJ No L 133 , 22 . 5 . 1987 , p. 5 .                              ( 4 ) OJ No L 89 , 1 . 1 . 1987 , p. 4 .
 ---pagebreak---   No L 140 / 2                            Official Journal of the European Communities                                           30 . 5 . 87
  products concerned originating in the Canary Islands over            Whereas , during the last three years for which statistics are
  a representative reference period and also to the economic           available , imports into each of the Member States were as
  outlook for the quota period in question;                            follows :
                                                                                                                                     (tonnes)
                                                 — 07.01 M —                       — 07.01 P I —                   — 07.01 T II —
               Member States                        tomatoes                         cucumbers                        aubergines
                                          1983        1984     1985        1983         1984       1985       1983       1984       1985
 Benelux                                 50 379      56 131  75 188       .6 567      13 515      6 000      1 347      2 702     2 352
 Denmark                                      70          35   3 605           51          86      1 987                               57
 Germany                                  3 009       2 449  37 302          260          313     2 492        108        104      1 295
 Greece
 Spain                                       average of      15 430           average of                5       average of            174
                                               16 858                             217                              445
 France                                     773         582    7 770            7            8       345        43         37        454
 Ireland                                     24          39       21            2           6          2
 Italy
 Portugal
 United Kingdom                          90 748    100 701   90 063      16 942       18 930     11 225      1 226      1 501     1 425
 Whereas in the last three years the products in question             of the quota period ; whereas this method of administration
 were imported regularly only by certain Member States and            requires close cooperation between the Member States and
 not at all or only occasionally by the other Member States ;        the Commission and the latter must be in a position to
 whereas , under these circumstances , in the first phase ,          monitor the extent to which the quota amounts have been
 initial shares should be allocated to the genuine importing         used up and to inform Member States thereof;
 Member States and the other Member States should be
 guaranteed access to the benefit of the tariff quotas when
 imports actually take place in the latter; whereas these
 arrangements for allocation will equally ensure the uniform         Whereas , if, at a given date in the quota period , a
 application of the Common Customs tariff;                           substantial quantity remains unused in any Member State ,
                                                                     it is essential that that Member State should return a
                                                                     significant proportion to the corresponding reserve to
                                                                     prevent a part of any tariff quota from remaining unused in
 Whereas , in order to take into account import trends for           one Member State when it could be used in others ;
 the products concerned in the various Member States , each
 quota should be divided into two instalments , the first
 being shared among certain Member States and the second
constituting a reserve to cover the subsequent requirements          Whereas , since the Kingdom of Belgium , the Kingdom of
of these Member States where they have used up their                 the Netherlands and the Grand Duchy of Luxembourg are
initial shares and any additional requirements which might           united within and jointly represented by the Benelux
arise in the other Member States ;                                   Economic Union , any operation relating to the
                                                                     administration of the quota shares allocated to that
                                                                     economic union may be carried out by any of its
                                                                     members ,
Whereas , in order to give importers in each Member State a
certain degree of security , the first instalment of the
Community quotas should , under the circumstances , be
fixed at about 80 % of each of the quota volumes ;
                                                                     HAS ADOPTED THIS REGULATION :
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                                               Article 1
State which has almost used up its initial quota shares
should draw an additional share from the corresponding               1 . ( a ) Until 31 December 1987 , the duties of the Common
reserve ; whereas this must be done by each member State                        Customs Tariff applicable on the import into the
as and when each of its additional shares is almost used up ,                   Community for the following products shall be
and repeated as many times as the reserve allows ; whereas                      suspended at the levels and within the limits of
the initial and additional shares must be valid until the end                   Community tariff quotas as follows :
 ---pagebreak--- 30 . 5 . 87                                     Official Journal of the European Communities                                        No L 140 / 3
                           CCT                                                                   Quota
      Order No           heading                            Description                        volumes                   Quota duties
                            No                                                                 ( tonnes )
      09.0418         07.01 M           Tomatoes , originating in the Canary Islands           173 000        — From 1 June to 31 October :
                                                                                                                  14,4 % , subject to a minimum
                                                                                                                  of 2,8 ECU per 100 kg net
                                                                                                              — From 1 November to
                                                                                                                  31 December :
                                                                                                                  8,8 % , subject to a minimum
                                                                                                                  of 1,6 ECU per 100 kg net
      09.0420         07.01 P I         Cucumbers , originating in the Canary Islands           28 663       — From 1 June to 31 October :
                                                                                                                  16 %
                                                                                                             — From 1 November to
                                                                                                                 31 December :
                                                                                                                  12,8 %
      09.0422         07.01 T II        Aubergines , originating in the Canary Islands            3 819       12,8 %
      ( b ) Where the said products are imported into that part                                           Article 2
            of Spain which is included in the customs territory
            of the Community , they shall qualify for exemption                1 . The tariff quotas laid down in Article 1 shall be divided
            from customs duties and are not subject to                         into two instalments .
            compliance with the reference price .
      ( c) Within the limits of these tariff quotas , the                      2 . A first instalment of each tariff quota shall be allocated
            Portuguese Republic shall apply customs duties                     among certain Member States ; the respective shares which ,
            calculated according to the relevant provisions of                 subject to Article 5 , shall be valid until 31 December 1987
            the Act of Accession and the Regulations relating                  shall amount to the quantities indicated below :
            thereto .
                                                                               ( a ) tomatoes of subheading 07.01 M :
                                                                                     Benelux                                    41 470 tonnes ,
2 . On import, the said products shall , in the event of any                         Germany                                      2 000 tonnes ,
countervailing dury being applied under Regulation ( EEC )                           Spain                                       17 208 tonnes ,
No 1035 / 72 of 18 May 1972 on the common organization                               France                                         720 tonnes ,
of the market in fruit and vegetables (*), as last amended by                        United Kingdom                             74 780 tonnes ;
Regulation ( EEC ) No 1351 / 86 ( 2 ), benefit from a                          ( b ) cucumbers of subheading 07.01 P I :
reduction of 4 % of that duty .                                                      Benelux                                      8 640  tonnes ,
                                                                                     Denmark                                          50 tonnes ,
                                                                                     Germany                                        210  tonnes ,
3 . ( a ) Without prejudice to the other provisions applicable                                                                      190  tonnes ,
                                                                                     Spain
            as regards quality standards , products covered by
                                                                                     United Kingdom                              14 020  tonnes ;
            this Regulation cannot qualify under the tariff
            quotas unless , when they are presented to the                     ( c) Aubergines of subheading 07.01 T II :
            authorities responsible for the import formalities for                   Benelux                                      1 520  tonnes ,
            the purposes of release into free circulation in the                     Germany                                          75 tonnes ,
            customs territory of the Community , they are                            Spain                                          350  tonnes ,
            presented in packaging which bears the words                             France                                           65 tonnes ,
            'Canary Islands', or the equivalent thereof in                           United Kingdom                               1 040 tonnes .
            another official Community language , in a clearly
            visible and perfectly legible form .
                                                                               3 . The second instalment of each quota , i . e .
      ( b ) The third and fourth subparagraphs of Article 9 of
            Council Regulation ( EEC ) No 1035 / 72 , shall not                — 36 822 tonnes for tomatoes of subheading 07.01 M ,
            apply to products covered by this Regulation .
                                                                               — 5 553 tonnes for cucumbers of subheading 07.01 P I ,
                                                                                     and
                                                                               — 769 tonnes for aubergines of subheading 07.01 T II
(') OJ No L 118 , 20 . 5 . 1972 , p . 1 .
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p . 46 .                                    shall constitute the corresponding Community reserve .
 ---pagebreak--- No L 140 / 4                               Official Journal of the European Communities                                     30 . 5 . 87
4 . The quantities charged against the shares allocated to                                        Article 5
the Member States in accordance with Article 2 ( 2 ) of
Regulation (EEC ) No 4044 / 86 or drawn by those States               The Member States shall return to the reserve , not later
from the Community reserves constituted under Article 2               than 1 October 1987 , such unused portion of their initial
( 3 ) of this Regulation shall be deducted from the shares and        share as , on 15 September 1987 , is in excess of 20 % of the
reserves provided for in this Article .                               initial volume . They may return a larger quantity if there
                                                                      are grounds for believing that this quantity may not be
                                                                      used .
5 . If an importer notifies the imminent import of the
product in question into the other Member States and
requests the benefit of the quota , the Member State
concerned shall inform the Commission and draw an                     The Member States shall notify the Commission not later
amount corresponding to these requirements to the extent              than 1 October 1987 of the total quantities of the products
that the available balance of the reserve so permits .                in question imported up to 15 September 1987 and charged
                                                                      against the tariff quota and of any quantity of the initial
                                                                      shares returned to the reserve .
                             Article 3
1.    If 90 % or more of a Member State's initial share as
                                                                                                  Article 6
specified in Article 2 ( 2 ), or 90 % of that share minus the
portion returned to the corresponding reserve where                   The Commission shall keep an account of the shares
Article 5 has been applied , has been used up , then , to the         opened by the Member States pursuant to Articles 2 and 3
extent permitted by the amount of the reserve , that                  and , as soon as it is notified , shall inform each State of the
Member State shall forthwith , by notifying the                       extent to which the reserves have been used up .
Commission , draw a second share equal to 10 % of its
initial share , rounded up where necessary to the next
unit .
                                                                      It shall inform the Member States , not later than 5 October
                                                                      1987 , of the amount in each reserve after quantities have
2 . If, after one of its initial shares has been used up , 90 %       been returned thereto pursuant to Article 5 .
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
share equal to 5 % of its initial share , rounded up where
necessary to the next unit .                                          It shall ensure that the drawing which exhausts any reserve
                                                                      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 .
 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
 fourth share equal to the third .
                                                                                                  Article 7
 This process shall continue until the reserve is used up .
                                                                       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
4 . By way of derogation from paragraphs 1 , 2 and 3 , a              charged without interruption against their accumulated
Member State may draw shares smaller than those fixed in              shares of the tariff quota .
 those paragraphs if there is reason to believe that they
 might not be used up . It shall inform the Commission of its
 reasons for applying this paragraph .
                                                                       2 . The Member States shall ensure that importers of the
                                                                       products in question have free access to the shares allocated
                                                                       to them .
                             Article 4
                                                                      3 . Member States shall charge imports of the products in
 The additional shares drawn pursuant to Article 3 shall be           question against their shares as and when the products are
 valid until 31 December 1987 .                                       entered with the customs authorities for free circulation .
 ---pagebreak--- 30 . 5 . 87                           Official Journal of the European Communities                              No L 140 / 5
The extent to which a Member State has used up its shares                                  Article 9
shall be determined on the basis of the imports charged
against shares under the conditions provided for in              The Member States and the Commission shall cooperate
paragraph 3 .                                                    closely to ensure that this Regulation is complied with .
                         Article 8
At the Commission's request , the Member States shall                                     Article 10
inform it of imports of the products concerned actually
charged against their shares .                                   This Regulation shall enter into force on 1 June 1987 .
                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