31986R4045

No L 377 / 12 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION ( EEC ) No 4045 / 86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for new potatoes and avocados, falling within subheadings 07.01 A II and 08.01 D of the Common Customs Tariff and originating in the Canary Islands ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Portugal , the quota duties applicable are to be calculated 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 ( J ), 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 ; whereas , to qualify for the tariff quota , the products in question have to comply with certain marking and labelling Having regard to the proposal from the Commission , conditions designed to prove their origin ; whereas the Community tariff quotas should therefore be opened for the periods in question, with the validity of this Whereas the Treaty and the acts of the Institutions of the Regulation being limited , however , to the period 1 January European Communities apply to the Canary Islands to 31 March 1987 , which precedes the entry into force of according to the conditions provided for in Article 25 of the definitive tariff regime to be adopted in this field , the Act of Accession and in Protocol 2 annexed to the whereas , therefore , provision should be made for the said Act ; quantities imported under this Regulation to be deducted from the quota volume amounts adopted under the definitive regime ; Whereas , according to Article 4 of Protocol 2 annexed to the Act of Accession , new potatoes and avocados falling within subheadings 07.01 A II and 08.01 D respectively of the Common Customs Tariff and originating in the Canary Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to Islands qualify, on import into the customs territory of the the abovementioned quotas and uninterrupted application Community , for reduced duties within the limits of 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 — 6 642 tonnes for new potatoes falling within mentioned above, the Community nature of the quotas can subheading 07.01 A II of the Common Customs Tariff be respected by allocating the Community tariff quotas for the period 1 January to 30 June , among the Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the and products in question , such allocation should be in — 2 060 tonnes for avocados falling within subheading proportion to the requirements of the Member States , 08.01 D of the Common Customs Tariff for the period calculated by reference to the statistics for imports of the 1 January to 31 December; products concerned originating in the Canary Islands over a representative reference period and also to the economic outlook for the quota period in question ; Whereas , when the said products are imported into that part of Spain which is included in the customs territory of the Community, they qualify for exemption from customs Whereas , during the last three years for which statistics are duties and are not subject to compliance with the reference available , imports into each of the Member States were as price ; whereas , when the said products are imported into follows :

(') OJ No L 302 , 15 . 11 . 1985 , p. 23 .

31 . 12 . 86 Official Journal of the European Communities No L 377 / 13

(in tonnes) — 07.01 A II — — 08.01 D — new potatoes avocados Member States 1983 1984 1985 1983 1984 1985

Benelux 4 61 21 16 13 — Denmark 93 226 127 — — 32 — 4 — 2 6 9 Germany Greece — — — — — — Spain 818 818 24 1 351 1 351 841 France 23 — 38 112 97 406 Ireland — — — — — — — — — — — — Italy — — — — — — Portugal United Kingdom 6 754 6 728 6 496 723 671 545

Whereas in the last three years the products in question as and when each of its additional shares is almost used up , were imported regularly only by certain Member States and and repeated as many times as the reserve allows; whereas not at all or only occasionally by the other Member States ; the initial and additional shares must be valid until the end whereas , under these circumstances , in the first phase , of the quota period ; whereas this method of administration initial shares should be allocated to the genuine importing requires close cooperation between the Member States and Member States and the other Member States should be the Commission and the latter must be in a position to guaranteed access to the benefit of the tariff quotas when monitor the extent to which the quota amounts have been imports actually take place in the latter ; whereas these used up and to inform Member States thereof; arrangements for allocation will equally ensure the uniform application of the Common Customs tariff; Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are Whereas , in order to take into account import trends for united within and jointly represented by the Benelux the products concerned in the various Member States , each Economic Union , any operation relating to the quota should be divided into two instalments , the first administration of the quota shares allocated to that being shared among certain Member States and the second economic union may be carried out by any of its constituting a reserve to cover the subsequent requirements members , of these Member States where they have used up their initial shares and any additional requirements which might arise in the other Member States ; whereas , in order to give importers in each Member State a certain degree of HAS ADOPTED THIS REGULATION : 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 at different times ; whereas , in order to take this fact into 1 . ( a ) From 1 January to 31 March 1987 on import into account and avoid any break in continuity , any Member the Community the customs duties applicable for State which has almost used up its initial quota shares the following products shall be suspended at the should draw an additional share from the corresponding levels and within the limits of Community tariff reserve ; whereas this must be done by each Member State quotas as follows :

CCT Order No Quota volume Quota duties heading Description No ( tonnes ) ( % )

09.0413 07.01 A II New potatoes , originating in the Canary Islands 6 642 11,2

09.0415 08.01 D Avocados , originating in the Canary Islands 2 060 3

No L 377 / 14 Official Journal of the European Communities 31 . 12 . 86

(b ) Where the said products are imported into that part requests the benefit of the quota , the Member State of Spain which is included in the customs territory concerned shall inform the Commission and draw an of the Community , they shall qualify for exemption amount corresponding to these requirements to the extent from customs duties and are not subject to that the available balance of the reserve so permits . compliance with the reference price .

(c) Within the limits of these tariff quotas , the Portuguese Republic shall apply customs duties calculated according to the relevant provisions of Article 3 the Act of Accession and the Regulations relating thereto . 1 . If 90 % or more of a Member States' initial share as specified in Article 2 ( 2 ) has been used up , then , to the 2 . Without prejudice to the other provisions applicable as extent permitted by the amount of the reserve , that regards quality standards , products covered by this Member State shall forthwith , by notifying the Regulation cannot qualify under the tariff quotas unless , Commission, draw a second share equal to 10 % of its when they are presented to the authorities responsible for initial share , rounded up where necessary to the next the import formalities for the purposes of release into free unit . circulation in the customs territory of the Community , they are presented in packaging which bears the words 'Canary Islands', or the equivalent thereof in another official 2 . If, after one of its initial shares has been used up , 90 % Community language , in a clearly visible and perfectly or more of the second share drawn by a Member State has legible form . been used up , then that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third 3 . The quantities imported under the tariff quotas share equal to 5 % of its initial share , rounded up where referred to in paragraph 1 shall be deduced from the annual necessary to the next unit . quota volume amounts adopted under the definitive tariff regime which will come into force on 1 April 1987 . 3 . If, after one of its second shares has been used up , 90 % or more of the third share drawn by a Member State Article 2 has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a 1 . The tariff quotas laid down in Article 1 shall be divided fourth share equal to the third . into twp instalments .

This process shall continue until the reserve is used up . 2 . A first instalment of each tariff quota shall be allocated among certain Member States; the respective shares which shall be valid until 31 March 1987 shall amount to the 4 . By way of derogation from paragraphs 1 , 2 and 3 , a quantities indicated below: Member State may draw shares smaller than those fixed in ( a) new potatoes of subheading 07.01 A II : those paragraphs if there is reason to believe that they Benelux 25 tonnes , might not be used up . It shall inform the Commission of its Denmark 85 tonnes , reasons for applying this paragraph . Spain 660 tonnes , United Kingdom 4 540 tonnes , ( b) avocados of subheading 08.01 D : Benelux 10 tonnes , Article 4 Germany 5 tonnes , Spain 1 085 tonnes , France 80 tonnes , Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 March 1987 . United Kongdom 470 tonnes .

3 . The second instalment of each quota , i.e. respectively: — 1 332 tonnes for new potatoes of subheading 07.01 Article 5 All , and The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 — 410 tonnes for avocados of subheading 08.01 D , and , as soon as it is notified , shall inform each State of the extent to which the reserves have been used up . shall constitute the corresponding Community reserve .

4 . If an importer notifies the imminent import of the It shall ensure that the drawing which exhausts any reserve product in question into the other Member States and does not exceed the balance available and , to this end , shall

31 . 12 . 86 Official Journal of the European Communities No L 377 / 15

notify the amount of that balance to the Member State 4 . The extent to which a Member State has used up its making the last drawing . shares shall be determined on the basis of the imports charged against shares under the conditions provided for in paragraph 3 . Article 6 Article 7 1 . The Member States shall take every measure necessary to ensure that additional shares drawn pursuant to At the Commission's request, the Member States shall Article 3 are opened in such a way that imports may be inform it of imports of the products concerned actually charged without interruption against their accumulated charged against their shares . shares of the tariff quota .

Article 8 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated to them . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

3 . The Member States shall charge imports of the products in question against their shares as and when the Article 9 products are entered with the customs authorities for free circulation . 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