31987R1490

No L 140 / 6 30 . 5 . 87 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 1490 / 87

of 26 May 1987

opening, allocating and providing for the administration of a Community tariff quota for new potatoes falling within subheading 07.01 A II of the Common Customs Tariff and originating in the Canary Islands ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , deduction of quantities imported during the first five months of 1987 under Regulation ( EEC ) No 4045 / 86 from the quota volume opened by this Regulation ;

Having regard to the Act of Accession of Spain and Portugal ( J ), and in particular Article 4 of Protocol No 2 annexed thereto , Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for this quota to all imports of the Having regard to the proposal from the Commission , products concerned into all Member States until the quota has been used up ; whereas , having regard to the principles mentioned above , the Community nature of the quota can be respected by allocating the Community tariff quota Whereas , according to Article 4 of Protocol No 2 annexed among the Member States ; whereas , in order to reflect as to the Act of Accession , new potatoes falling within accurately as possible the true trend of the market in the subheading 07.01 A II of the Common Customs Tariff and products in question , such allocation should be in originating in the Canary Islands qualify , on import into proportion to the requirements of the Member States , the customs territory of the Community , for reduced duties calculated by reference to the statistics for imports of the within the limits of a Community tariff quota of 6 642 products concerned originating in the Canary Islands over tonnes for the period 1 January to 30 June ; 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 ; whereas , when the said products are imported into available , imports into each of the Member States were as Portugal , the quota duties applicable are to be calculated follows : 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 f tonnes) territory of the Community , they qualify for the Member States 1983 1984 1985 progressive reduction of customs duties according to the same timetable and under the same conditions as those Benelux 4 61 21 provided for in Article 75 of the Act of Accession ; whereas , Denmark 93 226 127 — 4 — to qualify for the tariff quota , the products in question Germany — — — have to comply with certain marking and labelling Greece conditions designed to prove their origin ; Spain 818 818 24 — France 23 38 Ireland — — — — — — Italy — — — Whereas by Regulation ( EEC ) No 4045 / 86 ( 2 ), as Portugal United Kingdom 6 754 6 728 6 496 amended by Regulation ( EEC ) No 914 / 87 ( J), the Council has opened for the period 1 January to 31 May 1987 the annual tariff quota for new potatoes laid down in the abovementioned Protocol No 2 ; whereas this tariff quota should be opened for the first half-year of 1987 , while taking into account the necessity to provide for the Whereas in the last three years the products in question were imported regularly only by certain Member States and not at all or only occasionally by the other Member States ; whereas , under these circumstances , in the first phase , initial shares should be allocated to the genuine importing (') OJ No L 302 , 15 . 11 . 1985 , p. 23 . Member States and the other Member States should be ( 2 ) OJ No L 377 , 31 . 12 . 1986 , p . 12 . ( 3 ) OJ No L 89 , 1 . 4 . 1987 , p. 4 . guaranteed access to the benefit of the tariff quotas when

30 . 5 . 87 Official Journal of the European Communities No L 140 / 7

imports actually take place in the latter ; whereas these monitor the extent to which the quota amount has been arrangements for allocation will equally ensure the uniform used up and to inform Member States thereof; application of the Common Customs Tariff;

Whereas , if, at a given date in the quota period , a Whereas , in order to take into account import trends for substantial quantity remains unused in any Member State , it is essential that that Member State should return a the products concerned in the various Member States , the quota should be divided into two instalments , the first significant proportion to the corresponding reserve to being shared among certain Member States and the second prevent a part of the tariff quota from remaining unused in constituting a reserve to cover the subsequent requirements one Member State when it could be used in others ; 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 Whereas , since the Kingdom of Belgium , the Kingdom of importers in each Member State a certain degree of the Netherlands and the Grand Duchy of Luxembourg are security , the first instalment of the Community quotas united within and jointly represented by the Benelux should , under the circumstances , be fixed at 80 % Economic Union , any operation relating to the respectively of the quota volume ; administration of the quota share allocated to that economic union may be carried out by any of its members , Whereas , the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into account and avoid any break in continuity , any Member HAS ADOPTED THIS REGULATION : State which has almost used up its initial quota share should draw an additional share from the corresponding reserve ; whereas this must be done by each Member State as and when its additional share is almost used up , and Article 1 repeated as many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of 1 . ( a ) Until 30 June 1987 , the customs duties applicable the quota period ; whereas this method of administration on the import into the Community for the following requires close cooperation between the Member States and products shall be suspended at the levels and within the Commission and the latter must be in a position to the limits of a Community tariff quota as follows :

CCT Order heading Description Quota volume Quota duties No No

09.0414 07.01 A II New potatoes , originating in the Canary 6 642 From 1 to Islands tonnes 30 June : 15,7 %

( b ) Where the said products are imported into that part Islands', or the equivalent thereof in another official of Spain which is included in the customs territory Community language , in a clearly visible and perfectly of the Community , they shall qualify for exemption legible form . from customs duties .

( c) Within the limits of this tariff quota , the Portuguese Republic shall apply customs duties calculated according to the relevant provisions of the Act of Article 2 Accession and the Regulations relating thereto . 1 . A first instalment amounting to 5 310 tonnes of the Community tariff quota referred to in Article 1 shall be allocated among the Member States; the shares shall be 2 . Without prejudice to the other provisions applicable as valid until 30 June 1987 and shall be as follows : regards quality standards , products covered by this Regulation cannot qualify under the tariff quotas unless , Benelux 25 tonnes , when they are presented to the authorities responsible for Denmark 85 tonnes , the import formalities for the purposes of release into free circulation in the customs territory of the Community , they Spain 660 tonnes , United Kingdom 4 540 tonnes . are presented in packaging which bears the words 'Canary

No L 140 / 8 30 . 5 . 87 Official Journal of the European Communities

2 . The second instalment of 1 332 tonnes shall constitute Article 5 the reserve . 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 3 . If an importer notifies the imminent import of the extent to which the reserves have been used up . 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 amount corresponding to these requirements to the extent It shall ensure that the drawing which exhausts the reserve that the available balance of the reserve so permits . 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 . 4 . The quantities charged against the share allocated to the Member States in accordance with Article 2 ( 1 ) of Regulation ( EEC ) No 4045 / 86 or drawn by those States from the Community reserve constituted under Article 2 Article 6 ( 2 ) of this Regulation shall be deducted from the shares and from the reserve provided for in this Article . 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 charged without interruption against their accumulated Article 3 shares of the tariff quota .

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 . The Member States shall ensure that importers of the extent permitted by the amount of the reserve , that products in question have free access to the shares allocated Member State shall forthwith , by notifying the to them . Commission , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next unit . 3 . The 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 2 . If, after one of its initial shares has been used up , 90 % circulation . 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 4 . The extent to which a Member State has used up its share equal to 5 % of its initial share , rounded up where shares shall be determined on the basis of the imports necessary to the next unit . charged against shares under the conditions provided for in paragraph 3 .

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 Article 7 fourth share equal to the third . At the Commission's request , the Member States shall inform it of imports actually charged against their shares . This process shall continue until the reserve is used up .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in Article 8 those paragraphs if there is reason to believe that they might not be used up . It shall inform the Commission of its The Member States and the Commission shall cooperate reasons for applying this paragraph . closely to ensure that this Regulation is complied with .

Article 4 Article 9 Each of the additional shares drawn pursuant to Article 3 shall be valid until 30 June 1987 . This Regulation shall enter into force on 1 June 1987 .

30 . 5 . 87 Official Journal of the European Communities No L 140 / 9

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