CELEX: 31987R1493
Language: en
Date: 1987-05-26 00:00:00
Title: Council Regulation (EEC) No 1493/87 of 26 May 1987 opening, allocating and providing for the administration of a Community tariff quota for certain live plants falling within subheadings ex 06.01 A, 06.02 A II and ex 06.02 D of the Common Customs Tariff and originating in the Canary Islands (1987)

30 . 5 . 87                                       Official Journal of the European Communities                                No L 140 / 19
                                                 COUNCIL REGULATION ( EEC) No 1493 / 87
                                                                 of 26 May 1987
                     opening, allocating and providing for the administration of a Community tariff quota for
                     certain live plants falling within subheadings ex 06.01 A, 06 . 02 A II and ex 06.02 D of the
                                   Common Customs Tariff and originating in the Canary Islands ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                    Whereas it is in particular necessary to ensure to all
                                                                             Community importers equal and uninterrupted access to
                                                                             the abovementioned quota and uninterrupted application
Having regard to the Act of Accession of Spain and                           of the rate laid down for that quota to all imports of the
Portugal ( J ), and in particular Article 4 of Protocol 2                    products concerned into all Member States until the quota
annexed thereto ,
                                                                             has been used up ; whereas , having regard to the principles
                                                                             mentioned above , the Community nature of the quota can
Having regard to the proposal from the Commission ,                          be respected by allocating the Community tariff quota
                                                                             among the Member States ; whereas , to reflect as accurately
Whereas , pursuant to Article 4 of Protocol 2 annexed to                     as possible the true trend of the market of the products in
the Act of Accession , certain live plants falling within                    question , such allocation should be in proportion to the
subheadings ex 06.01 A , 06.02 A II and ex 06.02 D of the                    requirements of the Member States calculated by reference
Common Customs Tariff, originating in the Canary                             to the statistics of imports of the said products originating
Islands , may be imported into the Community within the                      in the Canary Islands over a representative period and also
limits of an annual Community tariff quota of 3 446 tonnes                   to the economic outlook for the quota period concerned ;
at reduced duties ;
Whereas under Article 2 of Council Regulation ( EEC )                        Whereas , during the last three years for which statistics are
No 1391 / 87 of 18 May 1987 concerning certain                               available , the corresponding imports by each of the
adjustments to the arrangements applied to the Canary                        Member States represent the following percentages of the
Islands ( 2 ), the quota volume laid down had been increased                 imports into the Community , of the products concerned ,
to 4 700 tonnes ;                                                            originating in the Canary Islands :
Whereas for 1987 the duties to be applied within the limits                             Member States           1983       1984      1985
of the tariff quota are equal to 75 % of the duties of the
Common Customs Tariff; whereas , however , when the
                                                                             Benelux                             8,6       10,7       3,2
products in question are imported into that part of Spain                    Denmark                             0,3        0,1       0,1
which is included in the customs territory of the                            Germany                             4,2        4,5       4,9
Community they shall qualify for exemption from customs                      Greece                              —          —         —
duties ; whereas , when the products are imported into                       Spain                              78,5      77,2       86,6
Portugal , the quota duties applicable must be calculated on                 France                              0,4        0,4       0,6
the basis of the provisions referred to in the Act of                        Ireland                             —          —         —
Accession ; whereas , to benefit from the tariff quota , the                 Italy                               0,7        1,7       0,7
products in question must comply with certain marking                        Portugal                            —          —
                                                                                                                                      3,9
and labelling conditions designed to prove their origin ;                    United Kingdom                      7,3        5,4
Whereas by Regulation ( EEC ) No 4048 / 86 ( 3 ) as amended
by Regulation ( EEC ) No 914 / 87 ( 4 ) the Council has                      Whereas , in view of these factors , and of market forecasts
opened for the period 1 January to 31 May 1987 the                           for the products in question , the initial quota shares may in
annual tariff quota provided for in the abovementioned                       a first phase be fixed approximately at the following
Protocol 2 ; whereas the tariff quota in question should                     percentages :
therefore be opened for the whole of 1987 , while taking
into account on the one hand the amendment to the quota                              Benelux                                     6,50
volume laid down , and on the other hand the necessity to                            Denmark                                     0,08
provide for the deduction of quantities imported during the                          Germany                                     2,34
first five months of 1987 under Regulation ( EEC ) No                                Greece                                      0,08
4048 / 86 from the quota volume opened by this                                       Spain                                      84,53
Regulation ;                                                                         France                                      0,27
                                                                                     Ireland                                     0,08
                                                                                     Italy                                       1,06
                                                                                     Portugal                                    0,08
                                                                                     United Kingdom                              4,98
(])   OJ No   L 302 , 15 . 11 . 1985 , p. 23 .
 (2 ) OJ No   L 133 , 22 . 5 . 1987 , p. 25 .
 (3 ) OJ No   L 377 , 31 . 12 . 19-86 , p . 24 .                             Whereas , in order to take into account import trends for
 (4 ) OJ No   L 89 , 1 . 4 . 1987 , p. 4 .                                   the products concerned in the various Member States , the
 ---pagebreak--- No L 140 / 20                                Official Journal of the European Communities                                          30 . 5 . 87
quota volume should be divided into two instalments , the                      Member State , it is essential that that Member State should
first being shared among the Member States and the second                      return a significant proportion to the reserve , to prevent a
constituting a reserve to cover at a later date the                            part of any Community quota from remaining unused in
requirements of those Member States having used up their                       one Member State when it could be used in others ;
initial quota shares ; whereas , in order to give importers in
each Member State a certain degree of security , the first
instalment of the Community quota should under present                         Whereas , since the Kingdom of Belgium , the Kingdom of
circumstances be fixed at about 80 % of the quota ;                            the Netherlands and the Grand Duchy of Luxembourg are
                                                                               united within and jointly represented by the Benelux
                                                                               Economic Union , any operation concerning the
Whereas the Member States' initial shares may be used up                       administration of the quota shares allocated to that
at different times ; whereas , in order to take this fact into                 economic union may be carried out by any of its
account and avoid any break in continuity , any Member                         members ,
State which has almost used up its initial share should draw
an additional share from the reserve ; whereas this must be
done by each Member State as and when each of its
additional shares is almost used up , and repeated as many
times as the reserve allows ; whereas the initial and                          HAS ADOPTED THIS REGULATION :
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires
close cooperation between the Member States and the
                                                                                                           Article 1
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;                               1 . Until 31 December 1987 the customs duties applicable
                                                                               on the import into the Community for the following
                                                                               products , originating in the Canary Islands , shall be
Whereas if, at a given date in the quota period , a                            suspended at the levels and within the limits of a
substantial quantity of an initial share remains unused in a                   Community tariff quota of 4 700 tonnes as follows :
                   CCT                                                                                               NIMEXE­
      Order
                  heading                                            Description                                       Code
                                                                                                                                 Rate of duty
       No
                    No
    09.0430       06.01       Bulbs , tubers , tuberous roots corms and rhizomes , dormant , in growth or in
                              flower :
                              ex A. Dormant :
                                       — Other than hyacinths , narcissi , tulips and gladioli                       06.01-19      6    %
                   06.02      Other live plants , including trees , shrubs , bushes , roots , cuttings and slips :
                                  A. Unrooted cuttings and slips :
                                       II . Other                                                                    06.02-19      6    %
                              ex D. Other :
                                       — Roses ( all the species Rosa ), neither budded nor grafted:
                                            — With stock of a diameter of 10 mm or less                              06.02-61      9,7 %
                                            — Other                                                                  06.02-65      9,7 %
                                       — Other than mycelium ( spawn of mushrooms and other edible
                                            fungi ), rhododendrons , azaleas , vegetable and strawberry plants:
                                            — Outdoor plants :
                                                — Trees , shrubs and bushes other than fruit trees and bushes
                                                     and forest trees :
                                                     — Rooted cuttings and growing plants                            06.02-81       9,7 %
                                                     — Other                                                         06.02-83       9,7 %
                                                — Other :
                                                     — Perennial plants                                              06.02-92       9,7 %
                                                     — Other                                                         06.02-93       9,7 %
                                            — Indoor plants :
                                                — Rooted cuttings and growing plants , excluding cacti               06.02-94       9,7 %
                                                — Other than flowering plants with buds of flowers,
                                                     excluding cacti                                                 06.02-99       9,7 %
 ---pagebreak---  30 . 5 . 87                              Official Journal of the European Communities                              No L 140 / 21
The products qualify , however , within the limits of this           has been used up , then , to the extent permitted by the
tariff quota for exemption from customs duties when they             amount of the reserve , that Member State shall forthwith ,
are imported into that part of Spain which is included in            by notifying the Commission , draw a second share equal to
the customs territory of the Community .                             10 % of its initial share , rounded up where necessary to the
                                                                     next unit .
Within the limits of this tariff quota the Portuguese
Republic applies customs duties calculated according to the          2 . If, after its initial share has been used up , 90 % or
relevant provisions of the Act of Accession and the
                                                                     more of the second share drawn by a Member State has
Regulations relating thereto .                                       been used up , 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
2 . Without prejudice to the provisions applicable as                necessary to the next unit .
regards quality standards , products covered by this
Regulation cannot qualify under the tariff quota unless ,
when they are presented to the authorities responsible for
                                                                     3 . If, after its second share has been used up , 90 % or
the import formalities for the purposes of release into free
                                                                     more of the third share drawn by a Member State has been
circulation in the customs territory of the Community , they
                                                                     used up , that Member State shall , in accordance with the
are presented in packaging which bears the words 'Canary             same conditions , draw a fourth share equal to the third .
Islands', or the equivalent thereof in another official
Community language , in a clearly visible and perfectly
legible form .                                                       This process shall continue until the reserve is used up .
                            Article 2                               4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                    Member State may draw shares smaller than those fixed in
1 . A first instalment amounting to 3 756 tonnes of the             those paragraphs if there is reason to believe that these
Community tariff quota referred to in Article 1 shall be            might not be used up . It shall inform the Commission of its
allocated among the Member States ; the respective shares           reasons for applying this paragraph .
which subject to Article 5 shall be valid until 31 December
1987 , shall be as follows :
                                                                                                 Article 4
                                                    (tonnes)
          Benelux                                    244             Each of the additional shares drawn pursuant to Article 3
          Denmark                                       3            shall be valid until 31 December 1987 .
          Germany                                      88
          Greece                                        3
          Spain                                    3 175
          France                                       10
                                                                                                 Article 5
          Ireland                                       3
          Italy                                        40
                                                                     The Member States shall return to the reserve, not later
          Portugal                                      3
                                                      187
                                                                    than 1 October 1987 , such unused portion of their initial
          United Kingdom                                             share which , on 15 September 1987 , is in excess of 20 %
                                                                    of the initial volume . They may return a larger quantity if
                                                                    there are grounds for believing that it may not be used .
2.    The second instalment of 944 tonnes shall constitute
the reserve .
                                                                     The Member States shall , not later than 1 October 1987
                                                                     notify the Commission of the total quantities of the
3 . The quantities charged against the shares allocated to          products in question up to 15 September 1987 and charged
the Member States in accordance with Article 2 ( 1 ) of              against the tariff quota and of any quantities of the initial
Regulation ( EEC ) No 4048 / 86 or drawn by those States             shares returned to the reserve .
from the Community reserve constituted under Article 2 ( 3 )
of this Regulation shall be deducted from the shares and
from the reserve provided for in this Article .
                                                                                                 Article 6
                             Article 3                               The Commission shall keep an account of the shares
                                                                     opened by Member States in accordance with Articles 2
 1 . If 90 % or more of a Member State's initial share as            and 3 and shall , as soon as it is notified , inform each
specified in Article 2 ( 1 ), or 90 % of that share minus the        Member State of the extent to which the reserve has been
portion returned to the reserve where Article 5 is applied,          used up .
 ---pagebreak--- No L 140 / 22                            Official Journal of the European Communities                                 30 . 5 . 87
It shall inform the Member States , not later than 5 October        4 . The extent to which a Member State has used up its
1987 , of the amount in the reserve after quantities have           share shall be determined on the basis of the imports
been returned pursuant to Article 5 .                               charged in accordance with paragraph 3 .
The Commission shall ensure that any drawing which
exhausts the reserve does not exceed the balance available
and , to this end , shall notify the amount of that balance to                               Article 8
the Member State which makes such last drawing .
                                                                    At the request of the Commission , Member States shall
                            Article 7                               inform it of imports actually charged against their shares .
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                                       Article 9
charged without interruption against their accumulated
shares of the Community quota .                                     The Member States and the Commission shall cooperate
                                                                    closely in order to ensure compliance with this
2 . The Member States shall ensure that importers of the            Regulation .
products in question have free access to the shares allocated
to them .
3 . The Member States shall charge imports of the said                                      Article 10
goods against their shares as and when the goods are
entered with the customs authorities for free circulation .         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