31985R3809
No L 367 / 56 31 . 12 . 85 Official Journal of the European Communities
COUNCIL REGULATION ( EEC ) No 3809 / 85 of 20 December 1985 opening, allocating and providing for the administration of Community tariff quotas for beans ( of the species Phaseolus) onions and sweet peppers falling within heading ex 07.01 of the Common Customs Tariff and originating in the Canary Islands ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , the provisions belonging to the Act of Accession ; whereas , when the said products are released for free circulation in the remainder of the customs territory of the Community , they Having regard to the Act of Accession of Spain and shall qualify for the progressive reduction of customs duties Portugal (*), and in particular Article 4 of Protocol No 2 according to the same timetable and under the same annexed thereto , conditions as those provided for in Article 75 of the Act of Accession ; whereas , to qualify for the tariff quota , the Having regard to the proposal from the Commission , products in question have to comply with certain marking and labelling conditions designed to prove their origin ; whereas , according to the relevant provisions in the Act of Whereas , according to Article 4 of Protocol No 2 and Article Accession , the tariff measures take effect only from 1 March 10 of Protocol No 3 annexed to the Act of Accession , beans , 1986 ; whereas the tariff quotas in question should therefore onions and sweet peppers falling within heading ex 07.01 of be opened for the period 1 March to 31 December 1986 ; the Common Customs Tariff and originating in the Canary Islands qualify on import into the customs territory of the Community for reduced duties within the limits of annual Whereas it is in particular necessary to ensure for all Community tariff quotas ; whereas the quota volumes Community importers equal and uninterrupted access to the amount to : abovementioned quotas and uninterrupted application of the rates laid down for these quotas to all imports of the products — 1 219 tonnes for beans ( of the species Phaseolus ) concerned into all Member States until the quotas have been of subheading 07.01 F II , used up ; whereas , having regard to the principles mentioned above , the Community nature of the quotas can be respected — 5 348 tonnes for onions of subheading ex 07.01 H by allocating the Community tariff quotas among the and , Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the products in — 160 605 tonnes for sweet peppers of subheading question , such allocation should be in proportion to the 07.01 S ; requirements of the Member States , calculated by reference to the statistics for imports of the products concerned originating in the Canary Islands over a representative Whereas where the said products are imported into that part reference period and also to the economic outlook for the of Spain which is included in the customs territory of the quota period in question ; Community , they qualify for exemption of customs duties ; whereas , where the said products are imported into Portugal , the quota duties applicable are to be calculated on the basis of Whereas , during the last three years for which statistics are available , imports into each of the Member States were as t 1 ) OJ No L 3UZ , 15. 11 . 1985 , p. 23 . follows ( in tonnes ):
- 07.01 F II - - ex 07.01 H - - 07.01 S beans ( of the species Phaseolus ) onions sweet peppers Member States 1982 1983 1984 1982 1983 1984 i 982 1983 1984
Benelux 216 418 338 1 349 _ 31 9 430 7 781 8 716 - - - - - - 171 34 6 Denmark 19 14 18 736 - 24 1 386 443 426 Germany - - - - - - - - - Greece Spain average of 723 average of 4 488 average of 279 - - - - - 9 8 30 France - - - - '' - - - Ireland 1 -1
- - - - - - - - - Italy - - - - - - - - - Portugal United Kindom 41 116 309 308 - 133 7 548 6 137 6 851
31 . 12 . 85 Official Journal of the European Communities No L 367 / 57
Whereas m the last three years the products in question were Article 4 of Protocol No 2 annexed to the Act of only imported regularly by certain Member States and not at Accession , all or only occasionally by the other Member States ; whereas , under these circumstances , in the first phase , initial shares should be allocated to the genuine importing Member States and the other Member States should be guaranteed access to HAS ADOPTED THIS REGULATION : the benefit of the tariff quotas when imports take place in the latter ; whereas these arrangements for allocation will equally Article 1 ensure the uniform application of the Common Customs Tariff; 1 . From 1 March to 31 December 1986 , Community tariff quotas shall be opened in the Community for the following products , originating in the Canary Islands and within the limits indicated below : Whereas , in order to take into account import trends for the products concerned in the various Member States , each quotas should be divided into two instalments , the first being CCT Quota heading Description volume shared among certain Member States and the second No ( tonnes ) constituting a reserve to cover the subsequent requirements of these Member States where they have used up their initial 07.01 Vegetables , fresh or chilled : shares and any additional requirements which might arise in F. Leguminous vegetables , the other Member States ; whereas , in order to give importers shelled or unshelled : in each Member State a certain degree of security , the first II . Beans ( of the species instalment of the Community quotas should , under the Phaseolus ) 1 219 circumstances , be fixed at 80% respectively of the quota H. Onions , shallots and garlic : volumes ; — Onions 5 348 S. Sweet peppers 16 605
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 2 . ( a ) Where the said products are imported into that part State wrhich has almost used up its initial quota shares should of Spain which is included in the customs territory of draw an additional share from the corresponding reserve ; the Community , they shall qualify for exemption whereas this must be done by each Member State as and from customs duties . when each of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the ( b ) Within the limits of these quotas the Portuguese initial and additional shares must be valid until the end of the Republic shall apply customs duties calculated according to the relevant provisions of the Act of quota period ; whereas this method of administration requires close cooperation between the Member States and Accession and the Regulations relating thereto . the Commission and the latter must be in a position to ( c ) Where the said products are released for free monitor the extent to which the quota amounts have been circulation in the remainder of the customs territory used up and to inform Member States thereof; of the Community , the quota duties indicated below for each of the tariff subheadings shall be applicable : Whereas , if, at a given date in the quota period , a substantial CCT quantity remains unused in any Member State , it is essential Quota duty heading No that that Member State should return a significant proportion to the corresponding reserve to prevent a part of 07.01 F II : any tariff quota from remaining unused in one Member State — From 1 March when it could be used in others ; to 30 June 1 1 ,8 % subject to a minimum of 1,8 ECU per 100 kg net Whereas , since the Kingdom of Belgium , the Kingdom of the — From 1 July to 30 September 15,4 % subject to a Netherlands and the Grand Duchy of Luxembourg are united minimum of 1,8 ECU within and jointly represented by the Benelux Economic per 100 kg net Union , any operation relating to the administration of the — From 1 October quota shares allocated to that economic union may be carried to 31 December 11,8 % subject to a out by any of its members , minimum of 1,8 ECU per 100 kg net
ex 07.01 H : 10,9 % Whereas , according to Article 2 ( 3 ) of the Treaty of 07.01 S : 5,7 % Accession of Spain and Portugal , the Community institutions may adopt , before accession , the measures referred to in
No L 367 / 58 31 . 12 . 85 Official Journal of the European Communities
3 . ( a ) Without prejudice to the provisions applicable as 4 . If an importer notifies the imminent import of the regards quality standards , products covered by this product in question into the other Member States and Regulation cannot qualify under the tariff quotas requests the benefit of the quota , the Member State unless , when they are presented to the authorities concerned shall inform the Commission and draw an amount responsible for the import formalities for the corresponding to these requirements to the extent that the purposes of release into free circulation in the available balance of the reserve so permits . customs territory of the Community , they are presented in packaging which bears the words 'Canary Islands', or the equivalent thereof in another official Community language , in a clearly Article 3 visible and perfectly legible form .
( b ) The provisions of the third and fourth 1 . If 90 % or more of a Member State's initial share as subparagraphs of Article 9 of Council Regulation specified in Article 2 ( 2 ), or 90 % of that share minus the ( EEC No 1035 / 72 of 18 May 1972 on the portion returned to the corresponding reserve where Article 5 common organization of the market in fruit and has been applied , has been used up , then , to the extent vegetables (' ), as last amended by Regulation ( EEC ) permitted by the amount of the reserve , that Member State No 1631 / 84 ( 3 ), shall not apply to products shall forthwirth , by notifying the Commission , draw a covered by this Regulation . second share equal to 10 % of its initial share , rounded up where necessary to the next unit .
Article 2 2 . If, after one of its initial shares has been used up , 90 % or more of the second share drawn by a Member State has 1 . The tariff quotas laid down in Article 1 shall be divided been used up , then that Member State shall , in accordance into two instalments . with the conditions laid down in paragraph 1 , draw a third share equal to 5 % of its initial share , rounded up where 2 . A first instalment of each tariff quota shall be shared necessary to the next unit . among certain Member States ; the respective shares which , subject to Article 5 , shall be valid until 31 December 1986 , 3 . If, after one of its second shares has been used up , 90 % shall amount to the quantities indicated below : or more of the third share drawn by a Member State has been ( a ) beans ( of the species Phaseolus) falling within used up , that Member State shall , in accordance with the subheading 07.01 F II : conditions laid down in paragraph 1 , draw a fourth share equal to the third . Benelux 260 tonnes , Germany 15 tonnes , Spain 580 tonnes , This process shall continue until the reserve is used up . United Kingdom 120 tonnes ;
( b ) onions falling within subheading ex 07.01 H : 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in Benelux 370 tonnes , those paragraphs if there is reason to believe that they might Germany 200 tonnes , not be used up . It shall inform the Commission of its reasons Spain 3 595 tonnes , for applying this paragraph . United Kingdom 115 tonnes ;
( c ) sweet peppers falling within subheading 07.01 S : Benelux 6 920 tonnes , Denmark 50 tonnes , Article 4 Germany 600 tonnes , Spain 240 tonnes , The additional shares drawn pursuant to Article 3 shall be United Kingdom 5 470 tonnes . valid until 31 December 1986 .
3 . The second instalment of each quota , i.e. respectively
— 244 tonnes for beans ( of the species Phaseolus ) falling Article 5 within subheading 07.01 F II ,
— 1 068 tonnes for onions falling within subheading ex The Member States shall return to the reserve , not later than 07.01 H and 1 October 1986 such unused portion of their initial share as , on 15 September 1986 is in excess of 20 % of the initial — 3 325 tonnes for sweet peppers falling within subheading volume . They may return a larger quantity if there are 07.01 S shall constitute the corresponding Community grounds for believing that this quantity may not be used . reserve . ;») OJ No L 118 , 20 . 5 . 1972 , p . 1 . The Member States shall notify the Commission , not later ( 2 ) OJ No L 154 , 9 . 6 . 1984 , p . 24 . than 1 October 1 986 of the total quantities of the products in
3i . 12 . 85 Official Journal of the European Communities No L 367 / 59
question imported up to 15 September 1986 and charged 3 . The Member States shall charge the imports of the against the tariff quota and of any quantity of the initial products concerned against their shares as and when the shares reiurned to the reserve . products are entered whith customs authorities for free circulation .
Article 6 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports of the products concerned , originating in the Canary Islands , The Commission shall keep an account of the shares opened entered with the customs authorities accompanied by by the Member States pursuant to Articles 2 and 3 and , as statements of release for free circulation . soon as it is notified , shall inform each State of the extent to which the reserves have been used up .
It shall inform the Member States , not later than 5 October Article 8 l tJ S6 of the amount in each reserve after quantities have been returned there to pursuant to Article 5 . At the Commission 's request , the Member States shall inform it of imports of the products concerned actually charged It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and , to this end , shall against their shares . notify the amount of that balance to the Member State making the last drawing .
Article9¶
Article 7 The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 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 shares of the Article 10 tariff quota .
2 . The Member States shall ensure that importers of the This Regulation shall enter into force on 1 January 1986 products m question have free access to the shares allocated subject to the entry into force of the Treat} of Accession of to them . Spain and Portugal . It shall apply from 1 March 1986 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 20 December 1985 .
For the Council The President R. STEICHEN