31986R4047

No L 377 / 20 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION (EEC) No 4047 / 86 ^ of 22 December 1986

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 ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to all imports of the products concerned into all Member States until be quotas have been used up ; whereas, having regard to the principles Having regard to the Act of Accession of Spain and mentioned above, the Community nature of the quotas can Portugal (*), and in particular Article 4 of Protocol 2 be respected by allocating the Community tariff quotas annexed thereto , among the 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 Having regard to the proposal from the Commission , proportion to the requirements of the Member States calculated by reference to the statistics for imports of the said products originating in the Canary Islands over a Whereas the Treaty and the Acts of the Institutions of the representative reference period and also to the economic European Communities apply to the Canary Islands outlook for the quota period in question; according to the conditions provided for in Article 25 of the Act of Accession and in Protocol 2 annexed to the said Act ; Whereas , during the last three years for which statistics are available , the corresponding imports into each of the Whereas according to Article 4 of Protocol 2 annexed Member States represent the following percentages of the to the Act of Accession , fresh flowers falling within imports into the Community of the products in question subheading 06.03 A of the Common Customs Tariff, originating in the Canary Islands: originating in the Canary Islands , may be imported into the Community within the limits of Community tariff quotas at reduced duties ; whereas the quota volumes amount for — Roses , carnations, orchids, gladioli and roses , carnations , orchids , gladioli and chrysanthemums to chrysanthemums: 85 460 000 pieces and for the other flowers to 597 tonnes ; whereas for 1987 the duties to be applied in the limits of Member States 1983 1984 1985 these tariff quotas are equal to 75 % of the duties of the Common Customs Tariff; whereas , however , when the Benelux 6,2 5,9 products in question are imported into that part of Spain Denmark which is included in the customs territory of the Germany 36,6 25,2 34,3 Community they will qualify for exemption from customs Greece duties ; whereas , when the products are imported into Spain 43,0 61,5 46,7 Portugal , the quota duties applicable must be calculated on France 3,7 1,1 1,8 the basis of the provisions referred to in the Act of Ireland Accession ; whereas to benefit from the tariff quota the Italy 0,9 0,4 1,3 products in question must comply with certain marking Portugal and labelling conditions to prove their origin ; whereas United Kingdom 9,6 5,9 15,9 these Community tariff quotas should be opened for 1987 , with the validity of this Regulation being limited , however , to the period 1 January to 31 March 1987 , which precedes — Other flowers : the entry into force of the definitive tariff regime to be adopted in this field; whereas , therefore , provision should Member States 1983 1984 1985 be made for the quantities imported under this Regulation to be deducted from the quota volume amounts adopted Benelux 44,2 25,2 16,5 under the definitive regime ; Denmark Germany 14.0 7,1 4,8 Greece Whereas it is in particular necessary to ensure for all Spain 40.1 66,9 76,7 Community importers equal and uninterrupted access to France 0,6 0,5 Ireland Italy 1,1 0,8 1,3 Portugal United Kingdom 0,2 0 ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .

31 . 12 . 86 Official Journal of the European Communities No L 377 / 21

Whereas , in view of these factors and of the foreseeable Whereas the Member States' initial shares may be used up market trends of the products in question , initial shares of at different times ; whereas , in order to take this fact into the quota volumes may be fixed in a first phase account and avoid any break in continuity , any Member approximately at the following percentage : State which has almost used up its initial quota shares should draw an additional share from the corresponding reserve; whereas this must be done by each Member State Roses , as and when each of its additional shares is almost used up , carnations , Other and repeated as many times as the reserve allows; whereas Member States orchids , gladioli flowers and the initial and additional shares must be valid until the end chrysanthemums of the quota period ; whereas this method of administration requires close cooperation between the Member States and Benelux 6,0 33 the Commission and the latter must be in a position to Denmark 0,1 1 monitor the extent to which the quota amounts have been Germany 31,0 9 used up and to inform Member States thereof; Greece 0,1 1 Spain 52,6 51 Whereas , since the Kingdom of Belgium , the Kingdom of France 2,6 1 Ireland 1 the Netherlands and the Grand Duchy of Luxembourg are 0,1 1 united within and jointly represented by the Benelux Italy 0,5 Portugal 0,1 1 Economic Union , any operation relating to the United Kingdom 6,9 1 administration of the quota shares allocated to that economic union may be carried out by any of its members ,

Whereas , in order to take into account import trends for the products concerned in the various Member States , each HAS ADOPTED THIS REGULATION : quota should be divided into two instalments , the first being shared among the Member States and the second constituting a reserve to cover at a later date the Article 1 requirements of the Member States which have used up their initial quota shares ; whereas , in order to give 1 . From 1 January to 31 March 1987 on import into the importers in each Member State a certain degree of Community the duties of the Common Customs Tariff security , the first instalment of the Community quotas applicable for the following products shall be suspended at should , under the circumstances , be fixed at 80 % the levels and within the limits of Community tariff quotas respectively of the quota volumes ; as follows :

CCT Quota Order No heading Description Quota duties volumes No

06.03 Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes , fresh , dried , dyed , bleached , impregnated or otherwise prepared , originating in the Canary Islands : ex A. Fresh : - 12,7 % 09.0431 — Roses , carnations , orchids , gladioli , and 85 460 000 chrysanthemums pieces 09.0433 ex A. Fresh : — Other flowers 597 tonnes -

The products qualify , within the limits of these tariff Regulation cannot qualify under the tariff quotas unless , at quotas , for exemption from customs duties when they are the time of their presentation to the autorities responsible imported into that part of Spain which is included in the for the import formalities for the purposes of release into customs territory of the Community . free circulation in the customs territory of the Community , they are presented in packaging which bears the words Within the limits of these tariff quotas , Portugal shall apply 'Canary Islands', or the equivalent thereof in another customs duties calculated according to the provisions in official Community language, in a clearly visible and question of the Act of Accession and the Regulations perfectly legible form . relating thereto .

2 . Without prejudice to the provisions applicable as 3 . The quantities imported under the tariff quotas regards quality standards , products covered by this referred to in paragraph 1 shall be deducted from the

No L 377 / 22 Official Journal of the European Communities 31 . 12 . 86

annual quota volume amounts adopted under the definitive This process shall continue until the reserve is used up . tariff regime which will come into force on 1 April 1987 .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in Article 2 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 . 1 . The tariff quotas laid down in Article 1 shall be divided into two instalments .

2 . A first instalment of each Community tariff quota Article 4 mentioned in Article 1 shall be shared among the Member States; the shares which shall be valid until 31 March 1987 The additional shares drawn pursuant to Article 3 shall be shall be as follows : valid until 31 March 1987 .

— ex 06.03 A — roses , carnations , — ex 06.03 A — Article 5 gladioli , orchids other Member States and flowers chrysanthemums ( tonnes) The Commission shall keep an account of the shares (pieces ) opened by the Member States pursuant to Articles 2 and 3 and , as soon as it is notified , shall inform each State of the Benelux 4 100 000 158 extent to which the reserves have been used up . Denmark 70 000 5 Germany 21 200 000 43 Greece 70 000 5 Spain 35 980 000 244 It shall ensure that the drawing which exhausts any reserve France 1 780 000 5 does not exceed the balance available and , to this end , shall Ireland 70 000 5 notify the amount of that balance to the Member State Italy 340 000 5 making the last drawing. Portugal 70 000 5 United Kingdom 4 720 000 5

Article 6 3 . The second instalment of each quota , i.e. 17 060 000 pieces and 117 tonnes respectively , shall constitute the 1 . The Member States shall take all measures necessary to corresponding reserves . 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 tariff quota .

Article 3 1 . If 90 % or more of a Member State's initial share as 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated specified in Article 2 (2) has been used up , then to the to them . 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 3 . The Member states shall charge the imports of the initial share, rounded up where necessary to the next unit . products concerned against their shares as and when the products are entered with customs authorities for free circulation . 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 been used up , then that Member State shall , in accordance 4 . The extent to which a Member State has used up its with the conditions laid down in paragraph 1 , draw a third share shall be determined on the basis of the imports share equal to 5 % of its initial share, rounded up where charged in accordance with paragraph 3 . necessary to the next unit.

3 . If, after one of its second shares has been used up , Article 7 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance At the Commission's request, the Member States shall with the conditions laid down in paragraph 1 , draw a inform it of imports of the products concerned actually fourth share equal to the third. charged against their shares.

31 . 12 . 86 Official Journal of the European Communities No L 377 / 23

Article 8 Article 10 The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 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