31987R1492
30 . 5 . 87 Official Journal of the European Communities No L 140 / 15
COUNCIL REGULATION ( EEC ) No 1492 / 87
of 26 May 1987
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 annual tariff quotas as provided for in the abovementioned Protocol 2 ; whereas the tariff quotas should be opened for the whole of 1987 , while taking into account on the one hand the amendment to the quota volume laid down for roses , carnations , orchids , gladioli Having regard to the Act of Accession of Spain and and chrysanthemums , and on the other hand the necessity Portugal (*), and in particular Article 4 of Protocol 2 to provide for the deduction of quantities imported during annexed thereto , the first five months of 1987 under Regulation ( EEC ) No 4047 / 86 from the quota volumes opened by this Regulation ; Having regard to the proposal from the Commission ,
Whereas it is in particular necessary to ensure for all Whereas according to Article 4 of Protocol 2 annexed Community importers equal and uninterrupted access to to the Act of Accession fresh flowers falling within the abovementioned quotas and uninterrupted application subheading 06.03 A of the Common Customs Tariff, of the rates laid down for these quotas to all imports of the originating in the Canary Islands , may be imported into the products concerned into all Member States until the quotas Community within the limits of Community tariff quotas have been used up ; whereas , having regard to the principles at reduced duties; whereas the quota volumes amount for mentioned above , the Community nature of the quotas can roses , carnations , orchids , gladioli and chrysanthemums to be respected by allocating the Community tariff quotas 85 460 000 pieces and for the other flowers to 597 tonnes ; among the Member States ; whereas , in order to reflect as whereas under Article 2 of Council Regulation ( EEC ) No accurately as possible the true trend of the market in the 1391 / 87 of 18 May 1987 , concerning certain adjustments products in question , such allocation should be in to the arrangements applied to the Canary Islands ( 2 ), the proportion to the requirements of the Member States quota volume laid down for roses , carnations , orchids , calculated by reference to the statistics for imports of the gladioli and chrysanthemums has been increased to said products originating in the Canary Islands over a 87 500 000 pieces ; representative reference period and also to the economic outlook for the quota period in question ;
Whereas for 1987 the duties to be applied in the limits of these tariff quotas are equal to 75 % of the duties of the Whereas , during the last three years for which statistics are Common Customs Tariff; whereas , however , when the available , the corresponding imports into each of the products in question are imported into that part of Spain Member States represent the following percentages of the which is included in the customs territory of the imports into the Community of the products in question Community they will qualify for exemption from customs originating in the Canary Islands : duties ; whereas , when the products are imported into Portugal , the quota duties applicable must be calculated on the basis of the provisions referred to in the Act of — roses , carnations , orchids , gladioli and chrysan Accession ; whereas to benefit from the tariff quota the themums : products in question must comply with certain marking and labelling conditions to prove their origin ; whereas these Community tariff quotas should be opened for 1987 ; Member States 1983 1984 1985
Benelux 6,2 5,9 Whereas by Regulation ( EEC ) No 4047 / 86 ( 3 ), as — — — Denmark amended by Regulation ( EEC ) No 914 / 87 ( 4 ), the Council Germany 36,6 25,2 34,3 has opened for the period 1 January to 31 May 1987 — — — Greece Spain 43,0 61,5 46,7 France 3,7 1,1 1,8 — Ireland l-I 1,3 (>) OJ No L 302 , 15 . 11 . 1985 , p. 23 . — Italy 0,9 0,4 — — — ( 2 ) OJ No L 133 , 22 . 5 . 1987 , p. 5 Portugal ( 3 ) OJ No L 377 , 31 . 12 . 1986 , p . 20 . United Kingdom 9,6 5,9 15,9 H OJ No L 89 , 1 . 4 . 1987 , p. 4 .
No L 140 / 16 30 . 5 . 87 Official Journal of the European Communities
— other flowers: 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 Member States 1983 1984 1985 State which has almost used up its initial quota shares should draw an additional share from the corresponding Benelux 44,2 25,2 16,5 reserve ; whereas this must be done by each Member State Denmark — — — as and when each of its additional shares is almost used up , Germany 14,0 7,1 4,8 and repeated as many times as the reserve allows ; whereas Greece — — — the initial and additional shares must be valid until the end Spain 40,1 66,9 76,7 of the quota period ; whereas this method of administration France — 0,6 0,5 — requires close cooperation between the Member States and Ireland — — the Commission and the latter must be in a position to Italy 1,1 0,8 1,3 — — — monitor the extent to which the quota amounts have been Portugal — — used up and to inform Member States thereof; United Kingdom 0,2
Whereas , in view of these factors and of the foreseeable market trends of the products in question , initial shares of Whereas , if, at a given date in the quota period , a substantial quantity remains unused in any Member State , the quota volumes may be fixed in a first phase it is essential that that Member State should return a approximately at the following percentage : significant proportion to the corresponding reserve to prevent a part of any tariff quota from remaining unused in one Member State when it could be used in others ; Roses , carnations , orchids , Other Member States gladioli and flowers chrysanthemums
Benelux 6,0 33 Whereas , since the Kingdom of Belgium , the Kingdom of Denmark 0,1 1 9 the Netherlands and the Grand Duchy of Luxembourg are Germany 31,0 Greece 0,1 1 united within and jointly represented by the Benelux Spain 52,6 51 Economic Union , any operation relating to the France 2,6 1 administration of the quota shares allocated to that Ireland 0,1 1 economic union may be carried out by any of its Italy 0,5 1 members , 0,1 1 Portugal 6,9 1 United Kingdom
HAS ADOPTED THIS REGULATION : Whereas , in order to take into account import trends for the products concerned in the various Member States , each quota should be divided into two instalments , the first being shared among the Member States and the second Article 1 constituting a reserve to cover at a later date the requirements of the Member States which have used up their initial quota shares ; whereas , in order to give 1 . ( a ) Until 31 December 1987 the duties of the Common importers in each Member State a certain degree of Customs Tariff applicable on the import into the security , the first instalment of the Community quotas Community for the following products shall be should , under the circumstances , be fixed at about 78 or suspended at the levels and within the limits of 80 % of the quota volumes ; Community tariff quotas as follows :
30 . 5 . 87 Official Journal of the European Communities No L 140 / 17
CCT Order Quota Quato heading Description No volumes duties 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 : From 1 June ex A. Fresh : to 31 October : 18 % 09.0432 — Roses , carnations , orchids , gladioli , and > chrysanthemums originating in the Canary 87 500 000 Islands pieces
From ex A. Fresh : 1 November to 09.0434 — Other flowers originating in the Canary 31 December : Islands 597 tonnes 12,7 % -
( b ) The products qualify , within the limits of these 3 . The second instalment of each quota , i.e. 19 100 000 tariff quotas , for exemption from customs duties pieces and 117 tonnes respectively , shall constitute the when they are imported into that part of Spain corresponding reserves . which is included in the customs territory of the Community .
( c) Within the limits of these tariff quotas , Portugal 4 . The quantities charged against the shares allocated to shall apply customs duties calculated according to the Member States in accordance with Article 2 ( 2 ) of the provisions in question of the Act of Accession Regulation ( EEC ) No 4047 / 86 or drawn by those States and the Regulations relating thereto . from the Community reserves constituted under Article 2 ( 3 ) of this Regulation shall be deducted from the shares and 2 . Without prejudice to the provisions applicable as reserves provided for in this Article . regards quality standards , products covered by this Regulation cannot qualify under the tariff quotas unless , at the time of their presentation to the authorities responsible for the import formalities for the purposes of release into free circulation in the customs territory of the Community , Article 3 they are presented in packaging which bears the words 'Canary Islands', or the equivalent thereof in another 1 . If 90 % or more of a Member State's initial share as official Community language , in a clearly visible and specified in Article 2 ( 2 ), or 90 % of that share minus the perfectly legible form . portion returned to the corresponding reserve where Article 5 has been applied , has been used up , then , to the Article 2 extent permitted by the amount of the reserve , that Member State shall forthwith , by notifying the 1 . The tariff quotas laid down in Article 1 shall be divided Commission , draw a second share equal to 10 % of its into two instalments . initial share , rounded up where necessary to the next unit . 2 . A first instalment of each Community tariff quota mentioned in Article 1 shall be shared among the Member States ; the shares which subject to Article 5 , shall be valid until 31 December 1987 shall be as follows : 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 — ex 06.03 A — been used up , then that Member State shall , in accordance roses , carnations , — ex 06.03 A — other with the conditions laid down in paragraph 1 , draw a third gladioli Member States orchids and flowers share equal to 5 % of its initial share , rounded up where chrysanthemums ( in tonnes ) necessary to the next unit . ( in pieces )
Benelux 4 100 000 158 Denmark 70 000 5 21 200 000 43 3 . If, after one of its second shares has been used up , Germany Greece 70 000 5 90 % or more of the third share drawn by a Member State Spain 35 980 000 244 has been used up , that Member State shall , in accordance France 1 780 000 5 with the conditions laid down in paragraph 1 , draw a Ireland 70 000 5 fourth share equal to the third . 340 000 5 Italy 70 000 5 Portugal United Kingdom 4 720 000 5 This process shall continue until the reserve is used up .
No L 140 / 18 Official Journal of the European Communities 30 . 5 . 87
4 . By way of derogation from paragraphs 1 , 2 and 3 , a It shall ensure that the drawing which exhausts any reserve Member State may draw shares smaller than those fixed in does not exceed the balance available and , to this end , shall those paragraphs if there is reason to believe that they notify the amount of that balance to the Member State might not be used up . It shall inform the Commission of its making the last drawing . reasons for applying this paragraph .
Article7¶
1 . The Member States shall take all measures necessary to Article 4 ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged The additional shares drawn pursuant to Article 3 shall be without interruption against their accumulated shares of valid until 31 December 1987 . the tariff quota .
2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated Article 5 to them . The Member States shall notify the Commission , not later 3 . The Member States shall charge the imports of the than 1 October 1987 such unused portion of their initial products concerned against their shares as and when the share as , on 15 September 1987 is in excess of 20 % of the products are entered with customs authorities for free initial volume . They may return a larger quantity if there circulation . are grounds for believing that this quantity may not be used . 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports The Member States shall notify the Commission , not later charged in accordance with paragraph 3 . than 1 October 1987 of the total quantities of the products in question imported up to 15 September 1987 and charged against the tariff quota and of any quantity of the initial Article 8 shares returned to the reserve . At the Commission's request , the Member States shall inform it of imports actually charged against their shares .
Article 6 Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 The Member States and the Commission shall cooperate and , as soon as it is notified , shall inform each State of the closely to ensure that this Regulation is complied with . extent to which the reserves have been used up .
Article 10 It shall inform the Member States , not later than 5 October 1987 of the amount in each reserve after quantities have been returned thereto pursuant to Article 5 . 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