31986R4046

No L 377 / 16 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION ( EEC) No 4046 / 86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for beans ( of the species Phaseolus), onions and sweet peppers, 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 , Accession ; whereas , when the said products are released for free circulation in the remainder of the customs territory of the Community , they shall qualify for the progressive reduction of customs duties according to the Having regard to the Act of Accession of Spain and same timetable and under the same conditions as those Portugal ^), and in particular Article 4 of Protocol 2 provided for in Article 75 of the Act of Accession ; whereas , annexed thereto , 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 Treaty and the acts of the Institutions of the Whereas the tariff quotas in question should therefore be European Communities apply to the Canary Islands opened for 1987 , with the validity of this Regulation being according to the conditions provided for in Article 25 of limited , however , to the period 1 January to 31 March the Act of Accession and in Protocol 2 annexed to the 1987 , which precedes the entry into force of the definitive said Act ; tariff regime to be adopted in this field ; whereas provision should be made for the quantities imported under this Regulation to be deducted from the quota volume amounts Whereas, according to Article 4 of Protocol 2 annexed to adopted under the definitive regime ; the Act of Accession , beans , onions and sweet peppers falling within heading No ex 07.01 of the Common Customs Tariff and originating in the Canary Islands Whereas it is in particular necessary to ensure for all qualify on import into the customs territory of the Community importers equal and uninterrupted access to Community for reduced duties within the limits of annual the abovementioned quotas and uninterrupted application Community tariff quotas ; whereas the quota volumes amount to : of the rates laid down for these quotas to all imports of the products concerned into all Member States until the quotas — 1 219 tonnes for beans (of the species Phaseolus) of have been used up ; whereas , having regard to the principles subheading 07.01 F II of the Common Customs mentioned above, the Community nature of the quotas can T ariff, be respected by allocating the Community tariff quotas among the Member States ; whereas , in order to reflect as — 5 348 tonnes for onions of subheading ex 07.01 H accurately as possible the true trend of the market in the of the Common Customs T ariff, products in question , such allocation should be in — 16 605 tonnes for sweet peppers of subheading 07.01 S proportion to the requirements of the Member States , of the Common Customs Tariff; 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 of customs duties ; whereas , where the said products are imported into Whereas , during the last three years for which statistics are Portugal , the quota duties applicable are to be calculated available , imports into each of the Member States were as on the basis of the provisions belonging to the Act of follows :

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

31 . 12 . 86 Official Journal of the European Communities No L 377 / 17

(in tonnes) — 07.01 F II — — 07.01 H — — 07.01 S — beans ( of the species Phaseolus) onions sweet peppers Member States 1983 1984 1985 1983 1984 1985 1983 1984 1985

Benelux 418 338 720 31 1 000 7 781 8 716 13 054 Denmark 2 61 34 6 1 086 14 18 62 24 566 443 426 5 758 Germany Greece average of 627 average of 14 026 average of 151 Spain 723 4 488 279 France 45 8 30 46 Ireland 1 Italy Portugal United Kingdom 116 309 458 133 1 067 6 137 6 851 7 284

Whereas in the last three years the products in question reserve ; whereas this must be done by each Member State were only imported regularly 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 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 quotas 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; whereas , in order to give importers in each Member State a certain degree of security , the first instalment of the Community quotas HAS ADOPTED THIS REGULATION : 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 . From 1 January to 31 March 1987 on import into the account and avoid any break in continuity , any Member Community the customs duties applicable for the following State which has almost used up its initial quota shares products shall be suspended at the levels and within the should draw an additional share from the corresponding limits of tariff quotas as follows:

CCT Quota Order No volumes Quota Description heading No duties ( tonnes )

09.0423 07.01 F II Beans ( of the species Phaseolus), originating in 1 219 10,6 % subject to a the Canary Islands minimum of 1 ,6 ECU per 100 kg net 09.0425 ex 07.01 H Onions , originating in the Canary Islands 5 348 9,8 % 09.0427 07.01 S Sweet peppers , originating in the Canary Islands 16 605 5,1 %

No L 377 / 18 Official Journal of the European Communities 31 . 12 . 86

( a) Where the said products are imported into that part (c) sweet peppers falling within subheading 07.01 S: of Spain which is included in the customs territory Benelux 6 920 tonnes , of the Community , they shall qualify for exemption Denmark 50 tonnes , from customs duties . Germany 600 tonnes , Spain 240 tonnes , ( b ) Within the limits of these quotas the Portuguese United Kingdom 5 470 tonnes . Republic shall apply customs duties calculated according to the relevant provisions of the Act of Accession and the Regulations relating thereto . 3 . The second instalment of each quota , i . e respectively : 3 . ( a ) Without prejudice to the provisions applicable as — 244 tonnes for beans (of the species Phaseolus) falling regards quality standards, products covered by this within subheading 07.01 F II, Regulation cannot qualify under the tariff quotas unless , when they are presented to the authorities — 1 068 tonnes for onions falling within subheading responsible for the import formalities for the ex 07.01 H , and purposes of release into free circulation in the customs territory of the Community , they are — 3 325 tonnes for sweet peppers falling within subheading 07.01 S shall constitute the corresponding presented in packaging which bears the words Community reserve . 'Canary Islands', or the equivalent thereof in another official Community language, in a clearly visible and perfectly legible form . 4 . If an importer notifies the imminent import of the ( b ) The provisions of the third and fourth product in question into the other Member States and subparagraphs of Article 9 of Council Regulation requests the benefit of the quota , the Member State ( EEC ) No 1035 / 72 of 18 May 1972 on the concerned shall inform the Commission and draw an common organization of the market in fruit and amount corresponding to these requirements to the extent vegetables ( 1 ), as last amended by Regulation (EEC) that the available balance of the reserve so permits . No 1351 / 86 (2 ), shall not apply to products covered by this Regulation .

4 . The quantities imported under the tariff quotas referred to in paragraph 1 shall be deducted from the annual quota volume amounts adopted under the definitive Article 3 tariff regime which will come into force on 1 April 1987 . 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 extent permitted by the amount of the reserve, that Article 2 Member State shall forthwith , by notifying the Commission , draw a second share equal to 10 % of its initial share, rounded up where necessary to the next 1 . The tariff quotas laid down in Article 1 shall be divided unit . into two instalments .

2 . A first instalment of each tariff quota shall be shared 2 . If, after one of its initial shares has been used up , 90 % among certain Member States ; the respective shares which or more of the second share drawn by a Member State has shall be valid until 31 March 1987 shall amount to the been used up , then that Member State shall , in accordance quantities indicated below: with the conditions laid down in paragraph 1 , draw a third ( a ) beans (of the species Phaseolus ) falling within share equal to 5 % of its initial share , rounded up where subheading 07.01 F II : necessary to the next unit. Benelux 260 tonnes , Germany 15 tonnes , Spain 580 tonnes , 3 . If, after one of its second shares has been used up , United Kingdom 120 tonnes ; 90 % or more of the third share drawn by a Member State ( b ) onions falling within subheading ex 07.01 H : has been used up , that Member State shall ,, in accordance with the conditions laid down in paragraph 1 , draw a Benelux 370 tonnes , fourth share equal to the third . Germany - 200 tonnes , Spain 3 595 tonnes , United Kingdom 115 tonnes ; This process shall continue until the reserve is used up .

(') OJ No L 118 , 20 . 5 . 1972 , p. 1 . 4 . By way of derogation from paragraphs 1 , 2 and 3 , a ( 2 ) OJ No L 119 , 8 . 5 . 1986 , p. 46 . Member State may draw shares smaller than those fixed in

31 . 12 . 86 Official Journal of the European Communities No L 377 / 19

those paragraphs if there is reason to believe that they charged without interruption against their accumulated might not be used up . It shall inform the Commission of its shares of the tariff quota . reasons for applying this paragraph . 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated to them . Article 4 3 . The Member States shall charge the imports of the products concerned against their shares as and when the The additional shares drawn pursuant to Article 3 shall be valid until 31 March 1987 . products are entered whith customs authorities for free circulation .

4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports of the Article 5 products concerned , originating in the Canary Islands, entered with the customs authorities accompanied by statements of release for free circulation . 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 Article 7 extent to which the reserves have been used up .

At the Commission's request, the Member States shall It shall ensure that the drawing which exhausts any reserve inform it of imports of the products concerned actually does not exceed the balance available and , to this end , shall charged against their shares . notify the amount of that balance to the Member State making the last drawing. Article 8

The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 6

1 . The Member States shall take every measure necessary Article 9 to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be 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