31986R4044
No L 377 / 8 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION ( EEC ) No 4044 / 86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for tomatoes, cucumbers and aubergines, falling within heading No ex 07.01 of the Common Customs Tariff and originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , on the basis of the relevant provisions of 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 qualify for the Having regard to the Act of Accession of Spain and progressive reduction of customs duties according to the Portugal ('), and in particular Article 4 of Protocol 2 same timetable and under the same conditions as those annexed thereto , provided for in Article 75 of the Act of Accession , provided that the reference prices are complied with; whereas, to qualify for the tariff quota, the products in question have Having regard to the proposal from the Commission , to comply with certain marking and labelling conditions designed to prove their origin ; whereas the tariff quotas in question should therefore be opened for 1987 , with the Whereas the Treaty and the acts of the Institutions of the European Community apply to the Canary Islands validity of this Regulation being limited , however, to the period 1 January to 31 March 1987 , which precedes the according to the conditions provided for in Article 25 of the Act of Accession and in Protocol 2 annexed to the entry into force of the definitive tariff regime to be adopted said Act ; in this field ; whereas , therefore , provision should be made for the quantities imported under this Regulation to be deducted from the quota volume amounts adopted under Whereas according to Article 4 of Protocol 2 annexed the definitive regime; to the Act of Accession , tomatoes , cucumbers , and aubergines falling within heading No ex 07.01 of the Common Customs Tariff and originating in the Canary Whereas it is in particular necessary to ensure for all Islands qualify on the import into the customs territory of Community importers equal and uninterrupted access to the Community for reduced duties in the limits of annual the abovementioned quotas and uninterrupted application Community tariff quotas ; whereas , the quota volumes of the rates laid down for these quotas to all imports of the amount to : products concerned into all Member States until the quotas have been used up ; whereas , having regard to the principles — 165 645 tonnes for tomatoes falling within subheading mentioned above, the Community nature of the quotas can 07.01 M , be respected by allocating the Community tariff quotas among the Member States ; whereas , in order to reflect as — 28 663 tonnes for cucumbers falling within subheading accurately as possible the true trend of the market in the 07.01 P I , and products in question , such allocation should be in — 3 819 tonnes for aubergines falling within subheading proportion to the requirements of the Member States, 07.01 T II ; calculated by reference to the statistics for imports of the products concerned originating in the Canary Islands over a representative reference period and also to the economic Whereas , when the said products are imported into that outlook for the quota period in question ; part of Spain which is included in the customs territory of the Community , they qualify for exemption from customs duties and are not subject to compliance with the reference Whereas, during the last three years for which statistics are price; whereas , when the said products are imported into available, imports into each of the Member States were as Portugal , the quota duties applicable are to be calculated follows :
H OJ No L 302 , 15 . 11 . 1985 , p. 23 .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 9
(in tonnes)
— 07.01 M — — 07.01 P I — — 07.01 T II — tomatoes cucumbers aubergines Member States 1983 1984 1985 1983 1984 1985 1983 1984 1985
Benelux 50 379 56 131 75 188 6 567 13 515 6 000 1 347 2 702 2 352 Denmark 70 35 3 605 51 86 1 987 57 Germany 3 009 2 449 37 302 260 313 2 492 108 104 1 295 Greece average of 15 430 average of 5 average of 174 Spain 16 858 217 445 France 773 582 7 770 7 8 345 43 37 454 Ireland 24 39 21 2 6 2 Italy Portugal United Kingdom 90 748 100 701 90 063 16 942 18 930 11 255 1 226 1 501 1 425
Whereas in the last three years the products in question reserve ; whereas this must be done by each member State were imported regularly only by certain Member States and as and when each of its additional shares is almost used up , not at all or only occasionally by the other Member States ; and repeated as many times as the reserve allows ; whereas whereas , under these circumstances , in the first phase , the initial and additional shares must be valid until the end initial shares should be allocated to the genuine importing of the quota period ; whereas this method of administration Member States and the other Member States should be requires close cooperation between the Member States and guaranteed access to the benefit of the tariff quotas when the Commission and the latter must be in a position to imports actually take place in the latter ; whereas these monitor the extent to which the quota amounts have been arrangements for allocation will equally ensure the uniform used up and to inform Member States thereof; application of the Common Customs tariff;
Whereas , since the Kingdom of Belgium , the Kingdom of Whereas , in order to take into account import trends for the Netherlands and the Grand Duchy of Luxembourg are the products concerned in the various Member States , each united within and jointly represented by the Benelux quota should be divided into two instalments , the first Economic Union , any operation relating to the being shared among certain Member States and the second administration of the quota shares allocated to that constituting a reserve to cover the subsequent requirements economic union may be carried out by any of its of these Member States where they have used up their members , initial shares and any additional requirements which might arise in the other Member States ;
HAS ADOPTED THIS REGULATION : Whereas , in order to give importers in each Member State a certain degree of security , the first instalment of the Community quotas should , under the circumstances , be fixed at 80 % respectively of the quota volumes ; Article 1
Whereas , the Member States initial shares may be used up 1 . ( a ) From 1 January to 31 March 1987 on import into at different times ; whereas , in order to take this fact into the Community the duties of the Common Customs account and avoid any break in continuity , any Member Tariff applicable for the following products shall be State which has almost used up its initial quota shares suspended at the levels and within the limits of should draw an additional share from the corresponding Community tariff quotas as follows :
No L 377 / 10 Official Journal of the European Communities 31 . 12 . 86
CCT Order No Quota heading Description volumes Quota duties No 09.0417 07.01 M Tomatoes , originating in the Canary Islands 165 646 — From 4,4% , subject 1 January to a minium of to the end 0,8 ECU per of 100 kg net February — From 8,8 % , subject 1 March to a minimum of to 1,6 ECU per 31 March 100 kg net 09.0419 07.01 P I Cucumbers , originating in the Canary Islands 28 663 12,8 % 09.0421 07.01 T II Aubergines , originating in the Canary Islands 3 819 12,8 %
( b ) Where the said products are imported into that part annual quota volume amounts adopted under the definitive of Spain which is included in the customs territory tariff regime which will come into force on 1 April 1987 . of the Community , they shall qualify for exemption from customs duties and are not subject to compliance with the reference price .
( c) Within the limits of these tariff quotas , the Article 2 Portuguese Republic shall apply customs duties calculated according to the relevant provisions of 1 . The tariff quotas laid down in Article 1 shall be divided the Act of Accession and the Regulations relating into two instalments . thereto .
2 . A first instalment of each tariff quota shall be allocated among certain Member States; the respective shares which 2 . On import , the said products shall be subject to shall be valid until 31 March 1987 shall amount to the compliance with the reference prices on the same terms as quantities indicated below: the same products coming from the part of Spain included in the customs territory of the Community . ( a) tomatoes of subheading 07.01 M :- Benelux 41 470 tonnes , Germany 2 000 tonnes , 3 . ( a ) Without prejudice to the other provisions applicable Spain 13 530 tonnes , as regards quality standards , products covered by France 720 tonnes , this Regulation cannot qualify under the tariff United Kingdom 74 780 tonnes ; quotas unless , when they are presented to the ( b ) cucumbers of subheading 07.01 P I : authorities responsible for the import formalities for Benelux 8 640 tonnes , the purposes of release into free circulation in the Denmark 50 tonnes , customs territory of the Community , they are Germany 210 tonnes , presented in packaging which bears the words Spain 190 tonnes , 'Canary Islands', or the equivalent thereof in United Kingdom 14 020 tonnes ; another official Community language , in a clearly visible and perfectly legible form . ( c) Aubergines of subheading 07.01 T II : ( b ) The third and fourth subparagraphs of Article 9 of Benelux 1 520 tonnes , Council Regulation ( EEC ) No 1035 / 72 of 18 May Germany 75 tonnes , 1972 on the common organization of the market in Spain 350 tonnes , France 65 tonnes , fruit and vegetables ( J ), as last amended by United Kingdom 1 040 tonnes . Regulation (EEC ) No 1351 / 86 ( 2 ), shall not apply to products covered by this Regulation .
3 . The second instalment of each quota , i . e . respectively : 4 . The quantities imported under the tariff quotas referred to in paragraph 1 shall be deducted from the — 33 145 tonnes for tomatoes of subheading 07.01 M,
— 5 733 tonnes for cucumbers of subheading 07.01 P I , and H OJ No L 118 , 20 . 5 . 1972 , p. 1 . — 769 tonnes for aubergines of subheading of 07.01 T II ( 2 ) OJ No L 119 , 8 . 5 . 1986 , p. 46 . shall constitute the corresponding Community reserve.
31 . 12 . 86 Official Journal of the European Communities No L 377 / 11
4 . If an importer notifies the imminent import of the Article 5 product in question into the other Member States and requests the benefit of the quota , the Member State The Commission shall keep an account of the shares concerned shall inform the Commission and draw an opened by the Member States pursuant to Articles 2 and 3 amount corresponding to these requirements to the extent and , as soon as it is notified , shall inform each State of the that the available balance of the reserve so permits . extent to which the reserves have been used up .
It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and , to this end , shall Article 3 notify the amount of that balance to the Member State making the last drawing. 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 2 ) has been used up , then , to the Article 6 extent 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 1 . The Member States shall take every measure necessary initial share , rounded up where necessary to the next to ensure that additional shares drawn pursuant to unit . Article 3 are opened in such a way that imports may be charged without interruption against their accumulated shares of the tariff quota . 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 2 . The Member States shall ensure that importers of the been used up , then that Member State shall , in accordance products in question have free access to the shares allocated to them . with the conditions laid down in paragraph 1 , draw a third share equal to 5 % of its initial share , rounded up where necessary to the next unit . 3 . Member States shall charge imports of the products in question against their shares as and when the products are entered with the customs authorities for free circulation . 3 . If, after one of its second shares has been used up , 90 % or more of the third share drawn by a Member State The extent to which a Member State has used up its shares has been used up , that Member State shall , in accordance shall be determined on the basis of the imports charged with the conditions laid down in paragraph 1 , draw a against shares under the conditions provided for in fourth share equal to the third . paragraph 3 .
Article 7 This process shall continue until the reserve is used up .
At the Commission's request , the Member States shall inform it of imports of the products concerned actually 4 . By way of derogation from paragraphs 1 , 2 and 3 , a charged against their shares . Member State may draw shares smaller than those fixed in those paragraphs if there is reason to believe that they might not be used up . It shall inform the Commission of its Article 8 reasons for applying this paragraph . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .
Article 4 Article 9 The additional shares drawn pursuant to Article 3 shall be valid until 31 March 1987 . This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 22 December 1986 .
For the Council The President
G. SHAW