31985R3767

31 . 12 . 85 No L 362 / 5 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 3767 / 85 of 20 December 1985 opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco falling within heading No 24.02 of the Common Customs Tariff and processed in the Canary Islands ( 1986)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 24.02 A cigarettes 24.02 B cigars ( million items ) (thousand items) Member States 1982 1983 1984 1982 1983 1984 Having regard to the Act fo Accession of Spain and Portugal ('), and in particular Article 2 of Protocol No 2 Benelux 1 140 468 1 276 thereto , Denmark 17 Germany on average 19 400 on average 312300 Having regard to the proposal from the Commission , Spain per year per year Greece France 208 Whereas Article 2 of Protocol No 2 and Article 10 of Protocol No 3 to the Act of Accession stipulate that , as from 1 January Ireland 1986 , manufactured tobacco falling within heading No Italy 24.02 of the Common Customs Tariff and processed in the Portugal Canary Islands is to be exempt, in the customs territory of the 38 9 5 United Kingdom Community, from customs duties within the limit of annual Community tariff quotas; whereas this tariff preference is applicable only to products of which there have been imports in the last five years; whereas, calculated on the basis of the said Article 2 , the quota volumes for cigarettes falling within Whereas, during the last three years , the products in question subheading 24.02 A and cigars falling within subheading were imported only by certain Member States and not at 24.02 B amount to 19 400 million and 332,3 million items all by the other Member States; whereas , under these respectively; whereas there are no imports of other products circumstances, initial shares should be allocated to the falling within heading No 24.02; whereas the tariff quotas in importing Member States and the other Member States question should therefore be opened for 1986 ; should be guaranteed access to the benefit of the tariff quotas upon imports into those States of the products concerned being notified; whereas these arrangements for allocation Whereas rules should be laid down to cover the marking of will equally ensure the uniform application of the Common Customs Tariff; the products concerned;

Whereas it is in particular necessary to ensure for all Whereas , in order to take into account import trends for the Community importers equal and uninterrupted access to the products concerned in the various Member States , each abovementioned quotas and uninterrupted application of the quota should be divided into two instalments , the first being rates laid down for these quotas to all imports of the products shared among certain Member States and the second concerned in all Member States until the quotas have been constituting a reserve to cover the subsequent requirements used up; whereas, having regard to the principles mentioned of these Member States where they have used up their initial above , the Community nature of the quotas can be respected shares and any additional requirements which might arise in by allocating the Community tariff quotas among the the other Member States ; whereas , in order to give importers Member States; whereas , in order to reflect as accurately as in each Member State a certain degree of security, it is possible the true trend of the market in the products in appropriate to fix the first instalment of the Community question , such allocation should be in proportion to the quotas at a level which , in the circumstances , could be 95 and requirements of the Member States , calculated by reference 99 % respectively of each of the quota volume; to the statistics for imports of the products concerned processed in the Canary Islands over a representative reference period and also to the economic outlook for the quota period in question ; 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 Whereas , during the last three years for which statistics are State which has almost used up its initial quota shares should available, imports into each of the Member States were as draw an additional share from the corresponding reserve ; follows : whereas this must be done by each Member State as and when each of its additional shares is almost used up , and (>) OJ No L 302 , 15 . 11 . 1985 , p. 23 . repeated as many times as the reserve allows ; whereas the

No L 362 / 6 31 . 12 . 85 Official Journal of the European Communities

initial and additional shares must be valid until the end of the Article 2 quota period; whereas this method of administration requires close cooperation between the Member States and 1 . The tariff quotas laid down in Article 1 shall be divided the Commission and th$ latter must be in a position to into two instalments . monitor the extent to which the quota amounts have been used up and to inform Member States thereof; 2. A first instalment of each quota shall be shared among certain Member States ; the respective shares , which , subject to Article 5 , shall be valid until 31 December 1986 , shall be Whereas, if at a given date in the quota period, a substantial as follows : quantity remains unused in any Member State, it is essential (a) 24.02 A cigarettes that that Member State should return a significant proportion to the corresponding reserve to prevent a part of Spain: 18 430 million items ; any tariff quota from remaining unused in one Member State (b) 24.02 B cigars when it could be used in others; Benelux : 1,30 million items Germany : 0,01 million items Spain : 330,73 million items Whereas, since the Kingdom of Belgium, the Kingdom of the France : 0,20 million items Netherlands and the Grand Duchy of Luxembourg are united United Kingdom : 0,01 million items . within and jointly represented by the Benelux Economic Union , any operation relating to the administration of the quota shares allocated to that economic union may be carried 3 . The second instalment of each quota , that is 970 out by any of its members; million items ( 24.02 A) and 0,05 million items ( 24.02 B ) respectively, shall constitute the corresponding reserve.

Whereas , pursuant to Article 2 (3 ) of the Treaty of Accession 4. If an importer notifies the imminent import of the of Spain and Portugal, the institutions of the Communities products in question into the other Member States and may adopt, before accession , the measures referred to in requests the benefit of the quota , the Member State Article 2 of Protocol No 2 annexed to the Act of Accession , concerned shall inform the Commission and draw an amount such measures entering into force subject to and on the date corresponding to these requirements to the extent that the of entry into force of the said Treaty, available balance of the reserve so permits.

Article 3 HAS ADOPTED THIS REGULATION : 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 2), or 90 % of that share minus the Article 1 portion returned to the corresponding reserve where Article 5 has been applied , has been used up , then to the extent 1 . From 1 January to 31 December 1986 , duty-free permitted by the amount of the reserve, that Member State shall forthwith , by notifying the Commission, draw a second Community tariff quotas shall be opened in the Community for the following products processed in the Canary Islands, share equal to 10 % of its initial share, rounded up where within the limits indicated below : necessary to the next unit .

CCT heading Quota volume 2 . If, after one of its initial shares has been used up , 90 % Description No ( million items ) or more of the second share drawn by a Member State has been used up , then that Member State shall , in accordance 24.02 Manufactured tobacco ; tobac­ with the conditions laid down in paragraph 1 , draw a third co extracts and essences : share equal to 5 % of its initial share , rounded up where A. Cigarettes 19 400 necessary to the next unit . B. Cigars 332,3 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 2 . Products covered by this Regulation cannot qualify used up , that Member State shall , in accordance with the under the quotas unless, when they are presented to the conditions laid down in paragraph 1 , draw a fourth share authorities responsible for the import formalities for the equal to the third . purposes of release into free circulation in the customs territory of the Community, they are presented in packaging This process shall continue until the reserve is used up . bearing the words, in clearly visible and perfectly legible characters , 'Manufactured in the Canary Islands', or a translation thereof in another official Community 4 . By way of derogation from paragraphs 1,2 , and 3 , a language . Member State may draw shares smaller than those fixed in

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Article 7 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 . 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 Article 4 without interruption against their accumulated shares of die tariff quota . The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 . 2. The Member States shall ensure that importers of the products in question have free access to the shares allocated to them . Article 5 3 . Member States shall charge imports of the products in The Member States shall return to the reserve, not later than question against their shares as and when the products are 30 November 1986, such unused portion of their initial entered with the customs authorities for free circulation . share as, on 15 November 1986 is in excess of 20 % of the initial volume. They may return a larger quantity if there are 4 . The extent to which a Member State has used up its grounds for believing that this quantity may not be used. shares shall be determined on the basis of the imports of the products concerned processed in the Canary Islands and The Member States shall notify the Commission, not later entered with customs authorities for free circulation . than 30 November 1986 of the total quantities of the products in question imported up to 15 November 1986 and charged against the tariff quota and of any quantity of the Article 8 initial shares returned to the reserve . At the Commission's request, the Member States shall inform it of imports of the products concerned actually charged Article 6 against their shares . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and, as Article 9 soon as it is notified, shall inform each State of the extent to which the reserves have been used up . The Member States and the Commission shall cooperate It shall inform the Member States, not later than 5 December closely to ensure that this Regulation is complied with . 1 986 of the amount in each reserve after quantities have been returned thereto pursuant to Article 5 . Article 10 It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and , to this end , shall This Regulation shall enter into force on 1 January 1986 , notify the amount of that balance to the Member State subject to the entry into force of the Treaty of Accession of making the last drawing. Spain and Portugal .

This Regulation shall be binding in its entirety ajid directly applicable in all Member States .

Done at Brussels , 20 December 1985 .

For the Council The President R. STEICHEN