31986R4128

No L 380 / 56 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION ( EEC ) No 4128 / 86

of 22 December 1986

opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco falling within heading No 24.02 of the Common Customs Tariff and processed in the Canary Islands ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , products concerned processed in the Canary Islands over a representative reference period and also to the economic outlook for the quota period in question ;

Having regard to the Act of Accession of Spain and Portugal ( 1 ), and in particular Article 2 of Protocol No 2 thereto , Whereas , during the last three years for which statistics are available , imports into each of the Member States were as follows :

Having regard to the proposal from the Commission ,

Member States 24.02 A cigarettes 24.02 B cigars Whereas Article 2 of Protocol No 2 and Article 10 of ( million items ) ( thousand items ) Protocol No 3 to the Act of Accession stipulate that , as 1982 1983 1984 1982 1983 1984 from 1 January 1986 , manufactured tobacco falling within Benelux 1 140 468 1 276 heading No 24.02 of the Common Customs Tariff and Denmark -l -| processed in the Canary Islands is to be exempt , in the — — — 17 — — Germany customs territory of the Community , from customs duties Greece within the limit of annual Community tariff quotas ; Spain on average on average whereas this tariff preference is applicable only to products 19 400 per year 312 300 per year of which there have been imports in the last five years ; France 208 -| |-I |-I whereas , calculated on the basis of the said Article 2 , the Ireland -i -l quota volumes for cigarettes falling within subheading Italy -| 24.02 A of the Common Customs Tariff and cigars falling Portugal |-! |-! — — — 38 9 5 within subheading 24.02 B of the Common Customs Tariff United Kingdom amount to 19 400 million and 316,3 million items respectively ; whereas there are no imports of other products falling within heading No 24.02 of the Common Customs Tariff; whereas the tariff quotas in question should therefore be opened for 1987 ; Whereas , during the last three years , the products in question where imported only by certain Member States and not at all by the other Member States ; whereas , under these circumstances , initial shares should be allocated to Whereas rules should be laid down to cover the marking of the importing Member States and the other Member States the products concerned ; should be guaranteed access to the benefit of the tariff quotas upon imports into those States of the products concerned being notified ; whereas these arrangements for Whereas it is in particular necessary to ensure for all allocation will equally ensure the uniform application of Community importers equal and uninterrupted access to the Common Customs Tariff; the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to all imports of the products concerned in all Member States until the quotas Whereas , in order to take into account import trends for have been used up ; whereas, having regard to the principles the products concerned in the various Member States , each mentioned above , the Community nature of the quotas can quota should be divided into two instalments , the first be respected by allocating the Community tariff quotas being shared among certain Member States and the second among the Member States; whereas , in order to reflect as constituting a reserve to cover the subsequent requirements accurately as possible the true trend of the market in the of these Member States where they have used up their products in question , such allocation should be in initial shares and any additional requirements which might proportion to the requirements of the Member States , arise in the other Member States ; whereas , in order to give calculated by reference to the statistics for imports of the importers in each Member State a certain degree of security , it is appropriate to fix the first instalment of the Community quotas at a level which , in the circumstances , could be 95 and 99 % respectively of each of the quota 0 ) OJ No L 302 , 15 . 11 . 1985 , p. 23 . volume ;

31 . 12 . 86 No L 380 / 57 Official Journal of the European Communities

Whereas , the Member States' initial shares may be used up prevent a part of any tariff quota from remaining unused in at different times ; whereas , in order to take this fact into one Member State when it could be used in others ; account and avoid any break in continuity , any Member State which has almost used up its initial quota shares Whereas , since the Kingdom of Belgium , the Kingdom of should draw an additional share from the corresponding the Netherlands and the Grand Duchy of Luxembourg are reserve ; whereas this must be done by each Member State united within and jointly represented by the Benelux as and when each of its additional shares is almost used up , Economic Union , any operation relating to the and repeated as many times as the reserve allows ; whereas administration of the quota shares allocated to that the initial and additional shares must be valid until the end economic union may be carried out by any of its of the quota period ; whereas this method of administration members ; requires close cooperation between the Member States and the Commission and the latter must be in a position to monitor the extent to which the quota amounts have been HAS ADOPTED THIS REGULATION : used up and to inform Member States thereof;

Article1¶

1 . From 1 January to 3l December 1987 , the Common Whereas , if at a given date in the quota period , a Customs tariff duties applicable to imports of the products substantial quantity remains unused in any Member State , listed below shall be suspended at the levels , and within the it is essential that that Member State should return a limits of the Community tariff quotas , indicated in respect significant proportion to the corresponding reserve to of each of them :

Common Volume Order Customs Quota Number Tariff Description of quota duties ( million items ) Heading No

09.0401 24.02 A Cigarettes , manufactured in the Canary Islands 19 400 free 09.0403 24.02 B Cigars , manufactured in the Canary Islands 316,3 free

2 . Products covered by this Regulation cannot qualify 3 . The second instalment of each quota , that is under the quotas unless , when they are presented to the 970 million items 24.02 A of the Common Customs Tariff authorities responsible for the import formalities for the and 3,3 million items 24.02 B of the Common Customs purposes of release into free circulation in the customs Tariff respectively , shall constitute the corresponding territory of the Community , they are presented in reserve . packaging bearing the words , in clearly visible and perfectly legible characters , 'Manufactured in the Canary 4 . If an importer notifies the imminent import of the Islands', or a translation thereof in another official products in question into the other Member States and Community language . requests the benefit of the quota , the Member State concerned shall inform the Commission and draw an amount corresponding to these requirements to the extent that the available balance of the reserve so permits . Article 2

1 . The tariff quotas laid down in Article 1 shall be divided into two instalments . Article 3

1 . If 90 % or more of a Member State's initial share as 2 . A first instalment of each quota shall be shared among specified in Article 2 ( 2 ), or 90 % of that share minus certain Member States ; the respective shares , which , the portion returned to the corresponding reserve where subject to Article 5 , shall be valid until 31 December 1987 , Article 5 has been applied , has been used up , then to the shall be as follows : extent permitted by the amount of the reserve , that Member State shall forthwith , by notifying the ( a ) 24.02 A of the Common Customs Tariff: cigarettes Commission , draw a second share equal to 10 % of its Spain : 18 430 million items ; initial share , rounded up where necessary to the next unit . ( b ) 24.02 B of the Common Customs Tariff: cigars Benelux : 1,4 million items Spain : 311,0 million items 2 . If, after one of its initial shares has been used up , 90 % France : 0,3 million items or more of the second share drawn by a Member State has United Kingdom : 0,3 million items . been used up , then that Member State shall , in accordance

No L 380 / 58 Official Journal of the European Communities 31 . 12 . 86

with the conditions laid down in paragraph 1 , draw a third It shall inform the Member States , not later than share equal to 5 % of its inital share , rounded up where 20 November 1987 of the amount in each reserve after necessary to the next unit . quantities have been returned thereto pursuant to Article 5 . 3 . If, after one of its second shares has been used up , 90 % or more of the third share drawn by a Member State It shall ensure that the drawing which exhausts any reserve has been used up , that Member Stat^ shall , in accordance does not exceed the balance available and , to this end , shall with the conditions laid down in paragraph 1 , draw a notify the amount of that balance to the Member State fourth share equal to the third . making the last drawing .

This process shall continue until the reserve is used up . Article 7 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in 1 . The Member States shall take every measure necessary those paragraphs if there is reason to believe that they to ensure that additional shares drawn pursuant to might not be used up . It shall inform the Commission of its Article 3 are opened in such a way that imports may be reasons for applying this paragraph . charged without interruption against their accumulated shares of the tariff quota .

2 . The Member States shall ensure that importers of the Article 4 products in question have free access to the shares allocated to them . The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 . 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 . Article 5 4 . The extent to which a Member State has used up its The Member States shall return to the reserve , not later shares shall be determined on the basis of the imports of than 15 November 1987 , such unused portion of their the products concerned processed in the Canary Islands initial share as , on 1 November 1987 is in excess of 20 % and charged in accordance with paragraph 3 . of the initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be used . Article 8

The Member States shall notify the Commission , not later At the Commission's request , the Member States shall than 15 November 1987 of the total quantities of the inform it of imports of the products concerned actually products in question imported up to 1 November 1987 and charged against their shares . charged against the tariff quota and of any quantity of the initial shares returned to the reserve . Article 9

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

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 Article 10 and , as soon as it is notified , shall inform each State of the extent to which the reserves have been used up . 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