31987R1491

No L 140 / 10 Official Journal of the European Communities 30 . 5 . 87

COUNCIL REGULATION ( EEC ) No 1491 / 87

of 26 May 1987

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 , territory of the Community , they shall qualify for the 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 ; whereas , Having regard to the Act of Accession of Spain and to qualify for the tariff quota , the products in question Portugal (*), and in particular Article 4 of Protocol No 2 have to comply with certain marking and labelling annexed thereto , conditions designed to prove their origin ;

Having regard to the proposal from the Commission , Whereas by Regulation ( EEC ) No 4046 / 86 ( 3 ), as amended by Regulation ( EEC ) No 914 / 87 ( 4 ), the Council Whereas , according to Article 4 of Protocol No 2 annexed has opened for the period 1 January to 31 May 1987 the to the Act of Accession , beans , onions and sweet peppers annual tariff quotas as provided for in the abovementioned falling within heading No ex 07.01 of the Common Protocol No 2 ; whereas the tariff quotas in question should Customs Tariff and originating in the Canary Islands be opened for the whole of 1987 , while taking into account qualify on import into the customs territory of the on the one hand the amendment to the quota volumes laid Community for reduced duties within the limits of annual down for beans and onions , and on the other hand the Community tariff quota amounting to : necessity to provide for the deduction of quantities imported during the first five months of 1987 under — 1 219 tonnes for beans (of the species Phaseolus) of Regulation ( EEC ) No 4046 / 86 from the quota volumes subheading 07.01 F II of the Common Customs opened by this Regulation ; Tariff,

— 5 348 tonnes for onions of subheading ex 07.01 H of the Common Customs Tariff, Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to — 16 605 tonnes for sweet peppers of subheading 07.01 S the abovementioned quotas and uninterrupted application of the Common Customs Tariff; of the rates laid down for these quotas to all imports of the products concerned into all Member States until the quotas have been used up ; whereas , having regard to the principles Whereas under Article 2 of Council Regulation (EEC ) mentioned above , the Community nature of the quotas can No 1391 / 87 of 18 May 1987 concerning certain be respected by allocating the Community tariff quotas adjustments to the arrangements applied to the Canary among the Member States ; whereas , in order to reflect as Islands ( 2 ), the quota volumes laid down for beans and accurately as possible the true trend of the market in the onions have been increased ( respectively ) to 1 300 and products in question , such allocation should be in 8 000 tonnes ; proportion to the requirements of the Member States , calculated by reference to the statistics for imports of the products concerned originating in the Canary Islands over Whereas where the said products are imported into that a representative reference period and also to the economic part of Spain which is included in the customs territory of outlook for the quota period in question ; the Community, they qualify for exemption of customs duties ; whereas , where the said products are imported into Portugal , the quota duties applicable are to be calculated on the basis of the provisions belonging to the Act of Whereas , during the last three years tor which statistics are Accession ; whereas , when the said products are released available , imports into each of the Member States were as for free circulation in the remainder of the customs follows :

(>) 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 . 4 . 1987 , p. 4 .

30 . 5 . 87 Official Journal of the European Communities No L 140 / 11

(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 Germany 14 18 62 24 566 443 426 5 758 Greece average of average of average of Spain 627 14 026 151 723 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 requires close cooperation between the Member States and were only imported regularly by certain Member States and the Commission and the latter must be in a position to not at all or only occasionally by the other Member States ; monitor the extent to which the quota amounts have been whereas , under these circumstances , in the first phase , used up and to inform Member States thereof; initial shares should be allocated to the genuine importing Member States and the other Member States should be guaranteed access to the benefit of the tariff quotas when Whereas , if, at a given date in the quota period , a imports take place in the latter ; whereas these substantial quantity of one of the shares remains unused in arrangements for allocation will equally ensure the uniform one or another Member State , it is essential that that application of the Common Customs Tariff; Member State should return a significant proportion to the corresponding reserve to prevent a part of one or another tariff quota from remaining unused in one Member State Whereas , in order to take into account import trends for when it could be used in others ; the products concerned in the various Member States , each quotas 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 ; whereas , in order to give administration of the quota shares allocated to that importers in each Member State a certain degree of economic union may be carried out by any of its security , the first instalment of the Community quotas members , should , under the circumstances , be fixed at 80 % respectively of the quota volumes ;

Whereas the Member States' initial shares may be used up HAS ADOPTED THIS REGULATION : at different times ; whereas , in order to take this fact into 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 Article 1 reserve ; whereas this must be done by each Member State as and when each of its additional shares is almost used up , 1 . Until 31 December 1987 , the customs duties applicable and repeated as many times as the reserve allows ; whereas on the import into the Community for the following the initial and additional shares must be valid until the end products shall be suspended at the levels and within the of the quota period ; whereas this method of administration limits of tariff quotas as follows :

No L 140 / 12 Official Journal of the European Communities 30 . 5 . 87

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

09.0424 07.01 F 11 Beans ( of the species Phaseolus ), originating in — From 1 April the Canary Islands 1 300 to 30 June : 10,6 % subject to a minimum of 1,6 ECU per 100 kg net — From 1 July to 30 September : 13,9 % subject to a minimum of 1,6 ECU per 100 kg net — From 1 October to 31 December : 10,6 % subject to a minimum of 1,6 ECU per 100 kg net 09:0426 ex 07.01 H Onions , originating in the Canary Islands 8 000 9,8 %

09.0428 07.01 S Sweet peppers , originating in the Canary Islands 16 605 5,1 %

2 . ( a ) 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 from customs duties . into two instalments .

( b ) Within the limits of these quotas the Portuguese 2 . A first instalment of each tariff quota shall be shared Republic shall apply customs duties calculated among certain Member States ; the respective shares which , according to the relevant provisions of the Act of subject to Article 5 , shall be valid until 31 December 1987 , Accession and the Regulations relating thereto . shall amount to the quantities indicated below:

( a ) beans ( of the species Phaseolus ) falling within subheading 07.01 F II : 3 . ( a ) Without prejudice to the provisions applicable as Benelux 260 tonnes , regards quality standards , products covered by this Germany 15 tonnes , Regulation cannot qualify under the tariff quotas Spain 661 tonnes , unless , when they are presented to the authorities United Kingdom 120 tonnes ; responsible for the import formalities for the purposes of release into free circulation in the ( b ) onions falling within subheading ex 07.01 H : customs territory of the Community , they are Benelux 370 tonnes , presented in packaging which bears the words Germany 200 tonnes , 'Canary Islands', or the equivalent thereof in Spain 6 247 tonnes , another official Community language , in a clearly United Kingdom 115 tonnes ; visible and perfectly legible form .

( c ) sweet peppers falling within subheading 07.01 S : ( b ) The provisions of the third and fourth Benelux 6 920 tonnes , Denmark 50 tonnes , subparagraphs of Article 9 of Council Regulation Germany 600 tonnes , ( EEC ) No 1035 / 72 of 18 May 1972 on the Spain 240 tonnes , common organization of the market in fruit and 5 470 tonnes . vegetables ( ! ), as last amended by Regulation ( EEC ) United Kingdom No 1351 / 86 ( 2 ), shall not apply to products covered by this Regulation . 3 . The second instalment of each quota :

— 244 tonnes for beans ( of the species Phaseolus ) falling (') OJ No L 118 , 20 . 5 . 1972 , p . 1 . ( 2 ) OJ No L 119 , 8 . 5 . 1986 , p . 46 . within subheading 07.01 F II ,

30 . 5 . 87 No L 140 / 13 Official Journal of the European Communities

— 1 068 tonnes for onions falling within subheading Article 4 ex 07.01 H , and The additional shares drawn pursuant to Article 3 shall be — 3 325 tonnes for sweet peppers falling within valid until 31 March 1987 . subheading 07.01 S

shall constitute the corresponding Community reserve .

Article 5 4 . The quantities charged against the shares allocated to the Member States in accordance with Article 2 ( 2 ) The Member States shall return to the reserve , not later of Regulation ( EEC ) No 4046 / 86 or drawn by those than 1 October 1987 , such unused portion of their initial share as on 15 September 1987 is in excess of 20 % of the States from the Community reserves constituted under Article 2(3 ) of this Regulation shall be deducted from the initial volume . They may return a larger quantity if there shares and reserves provided for in this Article . are grounds for believing that this quantity may not be used .

5 . If an importer notifies the imminent import of the The Member States shall notify the Commission , not later product in question into the other Member States and than 1 October 1987 , of the total quantities of the products requests the benefit of the quota , the Member State in question imported up to 15 September 1987 and charged concerned shall inform the Commission and draw an against the tariff quota and of any quantity of the initial shares returned to the reserve . amount corresponding to these requirements to the extent that the available balance of the reserve so permits .

Article6¶

Article 3 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 1 . If 90 % or more of a Member State's initial share as and , as soon as it is notified , shall inform each State of the specified in Article 2 ( 2 ), or 90 % of that share minus the extent to which the reserves have been used up . portion returned to the corresponding reserve where Article 5 has been applied , has been used up , then , to the extent permitted by the amount of the reserve , that It shall inform the Member States , not later than 5 October Member State shall forthwith , by notifying the 1987 , of the amount in each reserve after quantities have Commission , draw a second share equal to 10 % of its been returned there to pursuant to Article 5 . initial share , rounded up where necessary to the next unit . It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and , to this end , shall 2 . If, after one of its initial shares has been used up , 90 % notify the amount of that balance to the Member State or more of the second share drawn by a Member State has making the last drawing . 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 necessary to the next unit . Article 7

1 . The Member States shall take every measure necessary 3 . If, after one of its second shares has been used up , to ensure that additional shares drawn pursuant to 90 % or more of the third share drawn by a Member State Article 3 are opened in such a way that imports may be has been used up , that Member State shall , in accordance charged without interruption against their accumulated with the conditions laid down in paragraph 1 , draw a shares of the tariff quota . fourth share equal to the third .

2 . The Member States shall ensure that importers of the This process shall continue until the reserve is used up . products in question have free access to the shares allocated to them .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in 3 . The Member States shall charge the imports of the those paragraphs if there is reason to believe that they products concerned against their shares as and when the might not be used up . It shall inform the Commission of its products are entered with customs authorities for free circulation . reasons for applying this paragraph .

No L 140 / 14 Official Journal of the European Communities 30 . 5 . 87

4 . The extent to which a Member State has used up its Article 9 share 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 .

Article 8 Article 10 At the Commission's request , the Member States shall inform it of imports 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