CELEX: 31987R4105
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4105/87 of 22 December 1987 opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco processed in the Canary Islands (1988)

No L 383 / 34                                Official Journal of the European Communities                                             31 . 12 . 87
                                             COUNCIL REGULATION ( EEC ) No 4105 / 87
                                                           of 22 December 1987
                opening, allocating and providing for the administration of Community tariff quotas for certain types
                                   of manufactured tobacco processed in the Canary Islands ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               allocation should reflect the requirements of the Member
                                                                         States based on statistics of imports of those products
                                                                         originating in the Canary Islands during a representative
 Having regard to the Treaty establishing the European
 Economic Community ,
                                                                         reference period and on the economic outlook for the quota
                                                                         period in question ;
 Having regard to the Act of Accession of Spain and
 Portugal ^), and in particular Article 2 of Protocol 2
 thereto ,                                                               Whereas imports into the Member States during the last three
                                                                         years for which statistics are available were as follows :
 Having regard to the proposal from the Commission ,
                                                                                          Cigarettes falling within      Cigars , cheroots and
                                                                                               code 2402 20 00         cigarillos falling within
 Whereas Article 2 of Protocol 2 and Article 10 of Protocol 3               Member State
                                                                                                   of the CN         code 2402 10 00 of the CN
 to the Act of Accession provide that from 1 January 1986                                     ( millions of units )       ( millions of units )
 manufactured tobacco falling within Chapter 24 of the                                      1984      1985     1986   1984        1985       1986
 combined nomenclature which is processed in the Canary
 Islands is to qualify , in the customs territory of the                Benelux                                        1 276       1 300        150
 Community , for exemption from customs duties within the
 limits of annual Community tariff quotas ; whereas this tariff
                                                                        Denmark                     -| |-I-l -l                                   4
 preference applies to products of which there have been                Germany                                     -1                           56
 imports in the last five years ; whereas , calculated on the basis     Greece                                      -l
 of the abovementioned Article 2 , the quota volumes for                Spain             18 702 18 496 15 723 312 300 314 200 329 175
 cigarettes falling within code 2402 20 00 of the combined              France               —         —        —
                                                                                                                         208         340        349
 nomenclature and cigars , cheroots and cigarillos falling              Ireland                              -I -l -I
 within code 2402 10 00 of the combined nomenclature are                Italy                                I
 18 170 million units and 320,5 million units respectively ;            Portugal                             I      -|
whereas there are no imports of other manufactured tobacco              United Kingdom       —         —        —
                                                                                                                             5     2110         190
 falling within Chapter 24 of the combined nomenclature ;
whereas the tariff quotas in question should therefore be
opened for 1988 ;
Whereas from 1 January 1988 the nomenclature used in the                Whereas during the last three years the products in question
Common Customs Tariff will be replaced by the combined                  were imported only by certain Member States and not at all
nomenclature based on the International Convention on the               by the other Member States ; whereas under these
Harmonized Commodity Description and Coding System ;                    circumstances initial shares should be allocated only to the
whereas this Regulation must take account of that fact by               importing Member States and the other Member States
indicating the combined nomenclature codes of the products              should be guaranteed access to the benefit of the tariff quotas
concerned ;                                                             when imports into those Member States are announced ;
                                                                        whereas these allocation arrangements will ensure the
                                                                        uniform application of the Common Customs Tariff;
Whereas rules should be laid down on the marking of the
products concerned ;
                                                                        Whereas , to allow for the trend of imports of the products
Whereas equal and continuous access to the quotas should be             concerned in the various Member States , each quota volume
ensured for all Community importers and the rates laid down             should be divided into two parts , the first being allocated
for the quotas should be applied consistently to all imports of         among certain Member States and the second being held as a
the products in question into all Member States until the               reserve to cover any subsequent requirements of those
quotas are exhausted ; whereas , in the light of these                  Member States which have used up their initial shares and
principles , allocation of the tariff quotas among the Member           any requirements which might arise in the other Member
States would seem to preserve the Community nature of the               States ; whereas , to afford importers in each Member State
quotas ; whereas in order to correspond as closely as possible          some degree of certainty , an appropriate level for the first
to the real trend of the market for the products concerned the          part of the Community quotas would , in the present
                                                                        circumstances , be 90% and 95 % respectively of the quota
H OJ No L 302 , 15 . 11 . 1985 , p. 23 .                                volumes ;
 ---pagebreak--- 31 . 12 . 87                               Official Journal of the European Communities                                        No L 383 / 35
Whereas the initial shares of the Member States may be used                Community quota from remaining unused in one Member
up at different rates; whereas, in order to avoid any break in             State when it could be used in others ;
the continuity of supplies on this account , it should be
provided that any Member State which has almost used up                    Whereas since the Kingdom of Belgium , the Kingdom of the
one of its initial quota shares should draw an additional share            Netherlands and the Grand Duchy of Luxembourg are united
from the corresponding reserve ; whereas each time one of its              within and jointly represented by the Benelux Economic
additional shares is almost used up a Member State should                  Union , any operation concerning the administration of the
draw a further share and so on as many times as the reserve                quota shares allocated to that economic union may be carried
allows ; whereas each of the initial and additional shares must            out by any one of its members ,
be valid until the end of the quota period ; whereas this form
of administration requires close cooperation between the
Member States and the Commission and the latter must be
                                                                           HAS ADOPTED THIS REGULATION :
able to monitor the extent to which the quota volumes have
been used up and inform the Member States accordingly ;
                                                                                                         Article 1
Whereas if at a given date in the quota period a considerable
quantity of one of a Member State's initial shares remains                 1.     From 1 January to 31 December 1988 the duties
unused , it is essential that the Member State concerned                   applicable to imports of the following products shall be
should return a significant proportion thereof to the                      suspended at the levels indicated and within the limits of
corresponding reserve in order to prevent part of a                        Community tariff quotas as shown below :
                                                                                                          Volume of quota      Rate of duty
      Order No            CN code                                Description                               ( million units )
09.0401               2402 20 00           Cigarettes , manufactured in the Canary Islands                    18 170               Free
09.0403               2402 10 00           Cigars , cheroots and cigarillos manufactured in the
                                           Canary Islands                                                         320,5            Free
2.     Products covered by this Regulation shall not qualify               3.     The second part of each quota , 1 815 million units
for the tariff quotas unless , when they are presented to the              ( code 2402 20 00 of the combined nomenclature ) and 16,0
customs authorities responsible for the import formalities for             million units (No 2402 10 00 of the combined
release for free circulation in the customs territory of the               nomenclature )       respectively ,        shall  constitute     the
Community , they are presented in packaging which bears the                corresponding reserve .
words 'Manufactured in the Canary Islands', or the
equivalent thereof in another official Community language ,
                                                                           4.     If an importer gives notification of imminent imports
in a clearly visible and perfectly legible form .
                                                                           of the products 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 amount
                             Article 2                                     corresponding to its requirements to the extent that the
                                                                           available balance so permits .
1.     The tariff quotas referred to in Article 1 shall be
divided into two parts .
2.     The first part of each quota shall be allocated among
certain Member States ; without prejudice to Article 5 , the                                             Article 3
quota shares shall be valid until 31 December 1988 and shall
be as follows :
                                                                           1.     If a Member States has used 90 % or more of one of its
  a   cigarettes falling within code 2402 20 00 of the                     initial quota shares as specified in Article 2 ( 2 ), or of that
      combined nomenclature :                                              share less any portion returned to the reserve pursuant to
                                                                           Article 5 , it shall forthwith , by notifying the Commission
      Spain                               16 355 million units ;
                                                                           and to the extent that the reserve so permits , draw a second
( b ) cigars , cheroots and cigarillos falling within code                 share equal to 10% of its initial share , rounded up where
      2402 10 00 of the combined nomenclature :                            necessary to the next whole number.
      Benelux                                 1,2   million units ,
      Denmark                                 0,4   million units ,        2.     If, after one of its initial quota shares has been used up ,
      Spain                                302,5    million units ,        a Member State has used 90 % or more of its second share as
      France                                  0,3   million units ,        well , it shall , using the procedure provided for in
      United Kingdom                          0,1   million units .        paragraph 1 and to the extent that the reserve so permits ,
 ---pagebreak--- No L 383 / 36                              Official Journal of the European Communities                                     31 . 12 . 87
draw a third share equal to 5 % of the initial share , rounded        It shall inform the Member States , not later than 5 November
up where necessary to the next whole number .                         1988 , of the state of each of the reserves following any return
                                                                      of quota shares pursuant to Article 5 .
 3.     If, after one of its second shares has been used up , a
Member State has used 90% or more of its third share , it             It shall ensure that the drawing which exhausts one of the
shall , using the procedure provided for in paragraph 1 draw          reserves does not exceed the balance available , and to this
a fourth share equal to the third .                                   end shall notify the amount of that balance to the Member
                                                                      State making the final drawing .
This process shall continue until the reserve is used up .
                                                                                                   Article 7
4.      By way of derogation from paragraphs 1 , 2 and 3 ,
Member States may draw smaller shares than those specified            1.     Member States shall take all appropriate measures to
in the said paragraphs if there is reason to believe that they        ensure that additional drawings of shares pursuant to
might not be used in full . Member States shall inform the
                                                                      Article 3 enable imports to be charged without interruption
Commission of their reasons for applying this paragraph .             against their accumulated shares of the Community tariff
                                                                      quotas .
                             Article 4
                                                                      2.     Member States shall ensure that importers of the
                                                                      products concerned have free access to the quota shares
                                                                      allocated to them .
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 December 1988 .                               3.     Member States shall charge imports of the products
                                                                      concerned against their quota shares as and when the goods
                                                                      are   entered    with    the  customs     authorities  for    free
                                                                      circulation .
                             Article 5
                                                                      4.     The extent to which a Member State has used up its
By 1 November 1988 at the latest , the Member States must             quota share shall be determined on the basis of imports of the
return to the reserve the unused portion of their initial share       products in question manufactured in the Canary Islands and
which , on 15 October 1988 , is in excess of 20 % of the initial      charged in accordance with paragraph 3 .
volume . They may return a greater portion if there is reason
to believe that it might not be used .
                                                                                                   Article 8
By 1 November 1988 at the latest , Member States must
notify the Commission of the total quantities of the products         At the request of the Commission , Member States shall
concerned imported on or before 15 October 1988 and                   inform it of imports of the products actually charged against
charged against the Community quotas and of any portion of           their quota shares .
their initial shares that they are returning to the
corresponding reserves .
                                                                                                   Article 9
                                                                      The Member States and the Commission shall cooperate
                             Article 6                               closely to ensure that this Regulation is complied with .
The Commission shall keep account of the shares drawn by
Member States pursuant to Articles 2 and 3 and shall inform                                       Article 10
each Member States of the extent to which the reserves have
been used up as soon as it has been notified .                       This Regulation shall enter into force on 1 January 1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 22 December 1987 .
                                                                                              For the Council
                                                                                                The President
                                                                                                N. WILHJELM