31985R3810

No L 367 / 60 Official Journal of the European Communities 31 . 12 . 85

COUNCIL REGULATION ( EEC ) No 3810 / 85 of 20 December 1985 opening , allocating and providing for the administration of Community tariff quotas for fresh flowers falling within subheading 06.03 A of the Common Customs Tariff and originating in the Canary Islands ( 1986 )

i HE COUNCIL OF THE EUROPEAN COMMUNITIES , the Canary Islands over a representative reference period and also to the economic outlook for the quota period in question ; ! laving regard to the Act of Accession of Spain and Portugal (*), and in particular Article 4 of Protocol No 2 annexed hereto , Whereas , during the last three years for which statistics are available, the corresponding imports into each of the Member States represent the following percentages of the imports into the Community of the products in question Having regard to the proposal from the Commission , originating in the Canary Islands :

Whereas according to Article 4 of Protocol No 2 and Article — Roses , carnations , orchids , gladioli and 10 of Protocol No 3 annexed to the Act of Accession fresh chrysanthemums : flowers falling within subheading 06.03 A of the Common Customs Tariff , originating in the Canary Islands , may be Member States 1982 1983 1984 imported into the Community within the limits of Community tariff quotas at reduced duties ; whereas the quota volumes amount for roses , carnations , orchids , Benelux 6,4 6,2 5,9 gladioli and chrysanthemums to 85 460 000 pieces and for Denmark - - the other flowers to 597 tonnes ; whereas for 1986 the duties Germany 36,6 36,6 25,2 so be applied in the limits of these tariff quotas are equal to - Greece - - 87,5% of the duties of the Common Customs Tariff; Spain 46,5 43,0 61,5 whereas , however , when the products in question are imported into that part of Spain which is included in the France 4,4 3,7 1,1

- - customs territory of the Community they will qualify for Ireland exemption from customs duties ; Italy 0,3 0,9 0,4 - - - Portugal United Kingdom 5,8 9,6 5,9 Whereas when the products are imported into Portugal , the quota duties applicable must be calculated on the basis of the provisions referred to in the Act of Accession ; whereas to benefit from the tariff quota the products in question must Other flowers : comply with certain marking and labelling conditions to prove their origin ; whereas according to the abovementioned Article 4 the tariff measure provided for only takes effect 1982 1983 1984 Member States from 1 March 1986 ; whereas these Community tariff quotas should be opened for the period from 1 March to Benelux 37,4 44,2 25,2 31 December 1986 ; - - - Denmark Germany 9,7 14,0 7,1 - - - Whereas it is in particular necessary to ensure for all Greece Community importers equal and uninterrupted access to the Spain 51,8 40,1 66,9 abovementioned quotas and uninterrupted application of the - France 0,3 0,6 rates laid down for these quotas to all imports of the products - - - Ireland concerned into all Member States until the quotas have been used up ; whereas , having regard to the principles mentioned Italy 0,8 1,1 0,8 above , the Community nature of the quotas can be respected - - - Portugal by allocating the Community tariff quotas among the - - - United Kingdom Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the products in question , such allocation should be in proportion to the requirements of the Member States calculated by reference to Whereas , in view of these factors and of the foreseeable the statistics for imports of the said products originating in market trends of the products in questions initial shares of the quota volumes may be fixed in a first phase approximately at ') OJ No L 302 , 15 . 11 . 1985 , p. 23 . the following percentage :

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adopt before accession the measures referred to in Article 4 of Roses , carnations , Other Member States orchids , gladioli and Protocol No 2 annexed to the Act of Accession , flowers chrysanthemums

Benelux 6,0 33 Denmark 0,1 1 HAS ADOPTED THIS REGULATION : Germany 31,0 Greece 0,1 1 Article 1 Spain 52,6 51 France 2,6 1 1 . From 1 March until 31 December 1986 Community Ireland 0,1 1 tariff quotas shall be opened within the indicated limits in the Italy 0,5 1 Community for the following products originating in the 1 Canary Islands : Portugal 0,1 United Kingdom 6,9 1 CCT Quota heading Description volumes No

06.03 Cut flowers and flower buds of a kind suitable for bouquets or tor Whereas , in order to take into account import trends for the ornamental purposes , fresh , dried , products concerned in the various Member States , each dyed , bleached, impregnated or quota should be divided into two instalments , the first being otherwise prepared : shared among the Member States and the second constituting ex A. Fresh : a reserve to cover at a later date the requirements of the — Roses , carnations , Member States which have used up their initial quota shares ; orchids , gladioli , and 85 460 000 whereas , in order to give importers in each Member State a chrysanthemums pieces certain degree of security , the first instalment of the ex A. Fresh : Community quotas should , under the circumstances , be — Other flowers 597 tonnes fixed at 80% respectively of the quota volumes ;

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 State which has almost used up its initial quota shares should 2 . Within the limits of these tariff quotas the following draw an additional share from the corresponding reserve ; quota duties shall apply to these products whereas this must be done by each Member State as and when each of its additional shares is almost use up , and — from 1 March to 31 May : 14,8% , repeated as many time > as the reserve allows ; whereas the — from 1 June to 31 October : 21,0% , initial and additional shares must be valid until the end of the — from 1 November to 31 December : 14,8% . quota period ; whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must be in a position to The products qualify , however , within the limits of these monitor the extent to which the quota amounts have been tariff quotas for exemption from customs duties when they used up and to inform Member States thereof; are imported into that part of Spain which is included in the customs territory of the Community . Whereas , if, at a given date in the quota period , a substantial quantity remains unused in any Member State , it is essential Within the limits of these tariff quotas , Portugal shall apply that that Member State should return a significant customs duties calculated according to the provisions in proportion to the corresponding reserve to prevent a part of question of the Act of Accession and the Regulations relating any tariff quota from remaining unused in one Member State thereto . when it could be used in others ;

3 . Without prejudice to the provisions applicable as Whereas , since the Kingdom of Belgium , the Kingdom of the regards quality standards , products covered by this Netherla nds and the Grand Duchy of Luxembourg are united Regulation cannot qualify under the tariff quotas unless , at within and jointly represented by the Benelux Economic the time of their presentation to the authorities responsible LJnion , any operation relating to the administration of the for the import formalities for the purposes of release into free quota shares allocated to that economic union may be carried circulation in the customs territory of the Community , they out by any of its members ; are presented in packaging which bears the words 'Canary Islands', or the equivalent thereof in another official Whereas pursuant to Article 2 ( 3 ) of the Act of Accession of Community language , in a clearly visible and perfectly legible form . Spain and Portugal the institutions of the Community may

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I he words used on the packaging to indicate the origin must 4 . By way of derogation from paragraphs 1 , 2 and 3 , a be ' Canary Islands' or the equivalent thereof in another Member State may draw shares smaller than those fixed in official Community language . 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 . Article 2

1 . The tariff quotas laid down in Article 1 shall be divided into two instalments . Article 4 2 . A first instalment of each Community tariff quota The additional shares drawn pursuant to Article 3 shall be mentioned in Article 1 shall be shared among the Member valid until 31 December 1986 . States ; the shares , which , subject to Article 5 , shall be valid until 31 December 1986 , shall be as follows :

- ex 06.03 A - Article 5 roses , carnations , - ex 06.03 A gladioli , orchids other Member States and flowers The Member States shall return to the reserve , not later than chrysanthemums ( in tonnes ) 1 October 1986 such unused portion of their initial share as , ( in pieces ; on 15 September 1986 , is in excess of 20% of the initial Benelux 4 100 000 158 volume . They may return a larger quantity if there are grounds for believing that this quantity may not be used . Denmark 70 000 ' 5 Germany 21 200 000 43 The Member States shall notify the Commission , not later Greece 70 000 5 than 1 October 1986 of the total quantities of theproducts in Spain 35 980 000 244 question imported up to 15 September 1986 and charged France 1 780 000 5 against the tariff quota and of any quantity of the initial Ireland shares returned to the reserve . 70 000 5 Italy 340 000 5 Portugal 70 000 5 United Kingdom 4 720 000 5 Article 6

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and , as soon as it is notified , shall inform each State of the extent to 3 . The second intalment of each quota , i.e. 17 060 000 pieces and 117 tonnes respectively , shall constitute the which the reserves have been used up . corresponding reserves . It shall inform the Member States , not later than 5 October 1 986 of the amount in each reserve after quantities have been Article 3 returned thereto pursuant to Article 5 . 1 . If 90 % or more of a Member State's initial share as It shall ensure that the drawing which exhausts any reserve specified in Article 2 ( 2 ), or 90% of that share minus the does not exceed the balance available and , to this end , shall portion returned to the corresponding reserve where Article 5 notify the amount of that balance to the Member State has been applied , has been used up , then , to the extent making the last drawing . permitted by the amount of the reserve , that Member State shall forthwith , by notifying the Commission , draw a second share equal to 10% of its initial share , rounded up where nccessary to the next unit . Article 7 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 Member States shall take all measures necessary to been used up , then that Member State shall , in accordance ensure that additional shares drawn pursuant to Article 3 are with the conditions laid down in paragraph 1 , draw a third opened in such a way that imports may be charged without share equal to 5 % of its initial share , rounded up where interruption against their accumulated shares of the tariff necessary to the next unit . quota .

3 . If, after one of its second shares has been used up , 90 % 2 . The Member States shall ensure that importers of the or more of the third share drawn by a Member State has been products in question have free access to the shares allocated used up , that Member State shall , in accordance writh the to them . conditions laid down in paragraph 1 , draw a fourth share equal to the third . 3 . The Member States shall charge the imports of the This process shall continue until the reserve is used up . products concerned against their shares as and when the

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products are entered with customs authorities for free Article 9 circulation . The Member States and the Commission shall cooperate 4 . The extent to which a Member States has used up its closely to ensure that this Regulation is complied with . share shall be determined on the basis of the imports charged in accordance with paragraph 3 . Article 10

Article 8 This Regulation shall enter into force on 1 January 1986 , subject to the entry into force of the Act of Accession of Spain At the Commission 's request , the Member States shall inform and Portugal . it of imports of the products concerned actually charged against their shares . 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