31987R1489

30 . 5 . 87 No L 140 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory )

COUNCIL REGULATION ( EEC ) No 1489 / 87

of 26 May 1987 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 , price; whereas , when the said products are imported into 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 Having regard to the Act of Accession of Spain and for free circulation in the remainder of the customs Portugal ( J ), and in particular Article 4 of Protocol No 2 territory of the Community , they qualify for the annexed thereto , progressive reduction of customs duties according to the same timetable and under the same conditions as those provided for in Article 75 of the Act of Accession , provided Having regard to the proposal from the Commission , that the reference prices are complied with ; whereas , to qualify for the tariff quota , the products in question have to comply with certain marking and labelling conditions Whereas according to Article 4 of Protocol No 2 annexed designed to prove their origin ; to the Act of Accession , tomatoes , cucumbers , and aubergines falling within heading ex 07.01 of the Common Whereas by Regulation ( EEC ) No 4044 / 86 ( 3 ), as amended Customs Tariff and originating in the Canary Islands by Regulation ( EEC ) No 914 / 87 ( 4), the Council has qualify on the import into the customs territory of the opened for the period 1 January to 31 May 1987 the Community for reduced duties in the limits of annual annual tariff quotas as provided for in the abovementioned Community tariff quotas ; whereas , the quota volumes Protocol No 2 ; whereas the tariff quotas in question should amount to : therefore be opened for 1987 , while taking into account on — 165 645 tonnes for tomatoes falling within subheading the one hand the amendment to the quota volume laid 07.01 M of the Common Customs Tariff, down for tomatoes , and on the other hand the necessity to provide for the deduction of quantities imported during — 28 663 tonnes for cucumbers falling within subheading the first five months of 1987 under Regulation ( EEC ) 07.01 P I of the Common Customs Tariff and No 4044 / 86 from the quota volumes opened by this Regulation ; — 3 819 tonnes for aubergines falling within subheading 07.01 T II of the Common Customs Tariff; Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to Whereas under Article 2 of Council Regulation ( EEC ) No the abovementioned quotas and uninterrupted application 1391 / 87 of 18 May 1987 concerning certain adjustments of the rates laid down for these quotas to all imports of the to the arrangements applied to the Canary Islands ( 2 ), the products concerned into all Member States until the quotas quota volume laid down for tomatoes has been increased to have been used up ; whereas , having regard to the principles 173 000 tonnes ; mentioned above , the Community nature of the quotas can be respected by allocating the Community tariff quotas among the Member States ; whereas , in order to reflect as Whereas , when the said products are imported into that accurately as possible the true trend of the market in the part of Spain which is included in the customs territory of products in question , such allocation should be in the Community , they qualify for exemption from customs proportion to the requirements of the Member States , duties and are not subject to compliance with the reference calculated by reference to the statistics for imports of the

H OJ No L 302 , 15 . 11 . 1985 , p. 23 . ( 3 ) OJ No L 377 , 31 . 12 . 1986 , p. 8 . ( 2 ) OJ No L 133 , 22 . 5 . 1987 , p. 5 . ( 4 ) OJ No L 89 , 1 . 1 . 1987 , p. 4 .

No L 140 / 2 30 . 5 . 87 Official Journal of the European Communities

products concerned originating in the Canary Islands over Whereas , during the last three years for which statistics are a representative reference period and also to the economic available , imports into each of the Member States were as outlook for the quota period in question; follows :

(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 average of average of Spain 15 430 5 174 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 11 225 1 226 1 501 1 425

Whereas in the last three years the products in question of the quota period ; whereas this method of administration were imported regularly only by certain Member States and requires close cooperation between the Member States and not at all or only occasionally by the other Member States ; the Commission and the latter must be in a position to whereas , under these circumstances , in the first phase , monitor the extent to which the quota amounts have been initial shares should be allocated to the genuine importing used up and to inform Member States thereof; Member States and the other Member States should be guaranteed access to the benefit of the tariff quotas when imports actually take place in the latter ; whereas these arrangements for allocation will equally ensure the uniform Whereas , if, at a given date in the quota period , a application of the Common Customs tariff; substantial quantity remains unused in any Member State , it is essential that that Member State should return a significant proportion to the corresponding reserve to prevent a part of any tariff quota from remaining unused in Whereas , in order to take into account import trends for one Member State when it could be used in others ; the products concerned in the various Member States , each quota should be divided into two instalments , the first being shared among certain Member States and the second Whereas , since the Kingdom of Belgium , the Kingdom of constituting a reserve to cover the subsequent requirements the Netherlands and the Grand Duchy of Luxembourg are of these Member States where they have used up their united within and jointly represented by the Benelux initial shares and any additional requirements which might Economic Union , any operation relating to the arise in the other Member States ; administration of the quota shares allocated to that economic union may be carried out by any of its members , 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 about 80 % of each of the quota volumes ; HAS ADOPTED THIS REGULATION :

Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into Article 1 account and avoid any break in continuity , any Member State which has almost used up its initial quota shares should draw an additional share from the corresponding 1 . ( a ) Until 31 December 1987 , the duties of the Common reserve ; whereas this must be done by each member State Customs Tariff applicable on the import into the as and when each of its additional shares is almost used up , Community for the following products shall be and repeated as many times as the reserve allows ; whereas suspended at the levels and within the limits of the initial and additional shares must be valid until the end Community tariff quotas as follows :

30 . 5 . 87 No L 140 / 3 Official Journal of the European Communities

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

09.0418 07.01 M 173 000 Tomatoes , originating in the Canary Islands — From 1 June to 31 October : 14,4 % , subject to a minimum of 2,8 ECU per 100 kg net

— From 1 November to 31 December : 8,8 % , subject to a minimum of 1,6 ECU per 100 kg net

09.0420 07.01 P I Cucumbers , originating in the Canary Islands 28 663 — From 1 June to 31 October : 16 %

— From 1 November to 31 December : 12,8 % 09.0422 07.01 T II Aubergines , originating in the Canary Islands 3 819 12,8 %

( b ) Where the said products are imported into that part Article 2 of Spain which is included in the customs territory of the Community , they shall qualify for exemption 1 . The tariff quotas laid down in Article 1 shall be divided into two instalments . from customs duties and are not subject to compliance with the reference price .

( c) Within the limits of these tariff quotas , the 2 . A first instalment of each tariff quota shall be allocated Portuguese Republic shall apply customs duties among certain Member States ; the respective shares which , calculated according to the relevant provisions of subject to Article 5 , shall be valid until 31 December 1987 the Act of Accession and the Regulations relating shall amount to the quantities indicated below : thereto . ( a ) tomatoes of subheading 07.01 M : Benelux 41 470 tonnes , Germany 2 000 tonnes , 2 . On import, the said products shall , in the event of any Spain 17 208 tonnes , countervailing dury being applied under Regulation ( EEC ) France 720 tonnes , No 1035 / 72 of 18 May 1972 on the common organization United Kingdom 74 780 tonnes ; of the market in fruit and vegetables (*), as last amended by Regulation ( EEC ) No 1351 / 86 ( 2 ), benefit from a ( b ) cucumbers of subheading 07.01 P I : reduction of 4 % of that duty . Benelux 8 640 tonnes , Denmark 50 tonnes , Germany 210 tonnes , 3 . ( a ) Without prejudice to the other provisions applicable Spain 190 tonnes , as regards quality standards , products covered by United Kingdom 14 020 tonnes ; this Regulation cannot qualify under the tariff quotas unless , when they are presented to the ( c) Aubergines of subheading 07.01 T II : authorities responsible for the import formalities for Benelux 1 520 tonnes , the purposes of release into free circulation in the Germany 75 tonnes , customs territory of the Community , they are Spain 350 tonnes , presented in packaging which bears the words France 65 tonnes , 'Canary Islands', or the equivalent thereof in 1 040 tonnes . United Kingdom another official Community language , in a clearly visible and perfectly legible form .

3 . The second instalment of each quota , i . e . ( b ) The third and fourth subparagraphs of Article 9 of Council Regulation ( EEC ) No 1035 / 72 , shall not — 36 822 tonnes for tomatoes of subheading 07.01 M , apply to products covered by this Regulation . — 5 553 tonnes for cucumbers of subheading 07.01 P I , and — 769 tonnes for aubergines of subheading 07.01 T II (') OJ No L 118 , 20 . 5 . 1972 , p . 1 . ( 2 ) OJ No L 119 , 8 . 5 . 1986 , p . 46 . shall constitute the corresponding Community reserve .

No L 140 / 4 Official Journal of the European Communities 30 . 5 . 87

4 . The quantities charged against the shares allocated to Article 5 the Member States in accordance with Article 2 ( 2 ) of Regulation (EEC ) No 4044 / 86 or drawn by those States The Member States shall return to the reserve , not later from the Community reserves constituted under Article 2 than 1 October 1987 , such unused portion of their initial ( 3 ) of this Regulation shall be deducted from the shares and share as , on 15 September 1987 , is in excess of 20 % of the reserves provided for in this Article . initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be used . 5 . If an importer notifies the imminent import of the product in question into the other Member States and requests the benefit of the quota , the Member State concerned shall inform the Commission and draw an The Member States shall notify the Commission not later amount corresponding to these requirements to the extent than 1 October 1987 of the total quantities of the products that the available balance of the reserve so permits . in question imported up to 15 September 1987 and charged against the tariff quota and of any quantity of the initial shares returned to the reserve .

Article3¶

1 . If 90 % or more of a Member State's initial share as Article 6 specified in Article 2 ( 2 ), or 90 % of that share minus the portion returned to the corresponding reserve where The Commission shall keep an account of the shares Article 5 has been applied , has been used up , then , to the opened by the Member States pursuant to Articles 2 and 3 extent permitted by the amount of the reserve , that and , as soon as it is notified , shall inform each State of the Member State shall forthwith , by notifying the extent to which the reserves have been used up . Commission , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next unit . It shall inform the Member States , not later than 5 October 1987 , of the amount in each reserve after quantities have 2 . If, after one of its initial shares has been used up , 90 % been returned thereto pursuant to Article 5 . or more of the second share drawn by a Member State has been used up , then that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third share equal to 5 % of its initial share , rounded up where It shall ensure that the drawing which exhausts any reserve necessary to the next unit . does not exceed the balance available and , to this end , shall notify the amount of that balance to the Member State making the last drawing . 3 . If, after one of its second shares has been used up , 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . Article 7 This process shall continue until the reserve is used up . 1 . The Member States shall take every measure necessary to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be 4 . By way of derogation from paragraphs 1 , 2 and 3 , a charged without interruption against their accumulated Member State may draw shares smaller than those fixed in shares of the tariff quota . 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 . 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 . Member States shall charge imports of the products in The additional shares drawn pursuant to Article 3 shall be question against their shares as and when the products are valid until 31 December 1987 . entered with the customs authorities for free circulation .

30 . 5 . 87 Official Journal of the European Communities No L 140 / 5

The extent to which a Member State has used up its shares Article 9 shall be determined on the basis of the imports charged against shares under the conditions provided for in The Member States and the Commission shall cooperate paragraph 3 . closely to ensure that this Regulation is complied with .

Article8¶

At the Commission's request , the Member States shall Article 10 inform it of imports of the products concerned actually charged against their shares . This Regulation shall enter into force on 1 June 1987 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 26 May 1987 .

For the Council

The President

P. DE KEERSMAEKER