31987R1493

30 . 5 . 87 No L 140 / 19 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 1493 / 87

of 26 May 1987

opening, allocating and providing for the administration of a Community tariff quota for certain live plants falling within subheadings ex 06.01 A, 06 . 02 A II and ex 06.02 D of the Common Customs Tariff and originating in the Canary Islands ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application Having regard to the Act of Accession of Spain and of the rate laid down for that quota to all imports of the Portugal ( J ), and in particular Article 4 of Protocol 2 products concerned into all Member States until the quota annexed thereto , has been used up ; whereas , having regard to the principles mentioned above , the Community nature of the quota can Having regard to the proposal from the Commission , be respected by allocating the Community tariff quota among the Member States ; whereas , to reflect as accurately Whereas , pursuant to Article 4 of Protocol 2 annexed to as possible the true trend of the market of the products in the Act of Accession , certain live plants falling within question , such allocation should be in proportion to the subheadings ex 06.01 A , 06.02 A II and ex 06.02 D of the requirements of the Member States calculated by reference Common Customs Tariff, originating in the Canary to the statistics of imports of the said products originating Islands , may be imported into the Community within the in the Canary Islands over a representative period and also limits of an annual Community tariff quota of 3 446 tonnes to the economic outlook for the quota period concerned ; at reduced duties ;

Whereas under Article 2 of Council Regulation ( EEC ) Whereas , during the last three years for which statistics are No 1391 / 87 of 18 May 1987 concerning certain available , the corresponding imports by each of the adjustments to the arrangements applied to the Canary Member States represent the following percentages of the Islands ( 2 ), the quota volume laid down had been increased imports into the Community , of the products concerned , to 4 700 tonnes ; originating in the Canary Islands :

Whereas for 1987 the duties to be applied within the limits Member States 1983 1984 1985 of the tariff quota are equal to 75 % of the duties of the Common Customs Tariff; whereas , however , when the Benelux 8,6 10,7 3,2 products in question are imported into that part of Spain Denmark 0,3 0,1 0,1 which is included in the customs territory of the Germany 4,2 4,5 4,9 Community they shall qualify for exemption from customs Greece — — — duties ; whereas , when the products are imported into Spain 78,5 77,2 86,6 Portugal , the quota duties applicable must be calculated on France 0,4 0,4 0,6 Ireland — — — the basis of the provisions referred to in the Act of Accession ; whereas , to benefit from the tariff quota , the Italy 0,7 1,7 0,7 — — Portugal 3,9 products in question must comply with certain marking United Kingdom 7,3 5,4 and labelling conditions designed to prove their origin ;

Whereas by Regulation ( EEC ) No 4048 / 86 ( 3 ) as amended by Regulation ( EEC ) No 914 / 87 ( 4 ) the Council has Whereas , in view of these factors , and of market forecasts opened for the period 1 January to 31 May 1987 the for the products in question , the initial quota shares may in annual tariff quota provided for in the abovementioned a first phase be fixed approximately at the following Protocol 2 ; whereas the tariff quota in question should percentages : therefore be opened for the whole of 1987 , while taking Benelux 6,50 into account on the one hand the amendment to the quota Denmark 0,08 volume laid down , and on the other hand the necessity to Germany 2,34 provide for the deduction of quantities imported during the Greece 0,08 first five months of 1987 under Regulation ( EEC ) No Spain 84,53 4048 / 86 from the quota volume opened by this France 0,27 Regulation ; Ireland 0,08 Italy 1,06 Portugal 0,08 United Kingdom 4,98 ( ] ) OJ No L 302 , 15 . 11 . 1985 , p. 23 . ( 2 ) OJ No L 133 , 22 . 5 . 1987 , p. 25 . Whereas , in order to take into account import trends for ( 3 ) OJ No L 377 , 31 . 12 . 19-86 , p . 24 . ( 4 ) OJ No L 89 , 1 . 4 . 1987 , p. 4 . the products concerned in the various Member States , the

No L 140 / 20 Official Journal of the European Communities 30 . 5 . 87

quota volume should be divided into two instalments , the Member State , it is essential that that Member State should first being shared among the Member States and the second return a significant proportion to the reserve , to prevent a constituting a reserve to cover at a later date the part of any Community quota from remaining unused in requirements of those Member States having used up their one Member State when it could be used in others ; initial quota shares ; whereas , in order to give importers in each Member State a certain degree of security , the first instalment of the Community quota should under present Whereas , since the Kingdom of Belgium , the Kingdom of circumstances be fixed at about 80 % of the quota ; the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union , any operation concerning the Whereas the Member States' initial shares may be used up administration of the quota shares allocated to that at different times ; whereas , in order to take this fact into economic union may be carried out by any of its account and avoid any break in continuity , any Member members , State which has almost used up its initial share should draw an additional share from the reserve ; whereas this must be done by each Member State as and when each of its additional shares is almost used up , and repeated as many HAS ADOPTED THIS REGULATION : times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration requires close cooperation between the Member States and the Article 1 Commission , and the latter must be in a position to monitor the extent to which the quota volume has been 1 . Until 31 December 1987 the customs duties applicable used up and to inform the Member States thereof; on the import into the Community for the following products , originating in the Canary Islands , shall be Whereas if, at a given date in the quota period , a suspended at the levels and within the limits of a substantial quantity of an initial share remains unused in a Community tariff quota of 4 700 tonnes as follows :

CCT Order NIMEXE­ heading Description Rate of duty No Code No

09.0430 06.01 Bulbs , tubers , tuberous roots corms and rhizomes , dormant , in growth or in flower : ex A. Dormant : 06.01-19 6 % — Other than hyacinths , narcissi , tulips and gladioli

06.02 Other live plants , including trees , shrubs , bushes , roots , cuttings and slips :

A. Unrooted cuttings and slips : II . Other 06.02-19 6 %

ex D. Other : — Roses ( all the species Rosa ), neither budded nor grafted : — With stock of a diameter of 10 mm or less 06.02-61 9,7 % — Other 06.02-65 9,7 % — Other than mycelium ( spawn of mushrooms and other edible fungi ), rhododendrons , azaleas , vegetable and strawberry plants: — Outdoor plants : — Trees , shrubs and bushes other than fruit trees and bushes and forest trees : 06.02-81 9,7 % — Rooted cuttings and growing plants — Other 06.02-83 9,7 %

— Other : 06.02-92 9,7 % — Perennial plants — Other 06.02-93 9,7 % — Indoor plants : 06.02-94 9,7 % — Rooted cuttings and growing plants , excluding cacti — Other than flowering plants with buds of flowers , 06.02-99 9,7 % excluding cacti

30 . 5 . 87 No L 140 / 21 Official Journal of the European Communities

The products qualify , however , within the limits of this has been used up , then , to the extent permitted by the tariff quota for exemption from customs duties when they amount of the reserve , that Member State shall forthwith , are imported into that part of Spain which is included in by notifying the Commission , draw a second share equal to the customs territory of the Community . 10 % of its initial share , rounded up where necessary to the next unit .

Within the limits of this tariff quota the Portuguese Republic applies customs duties calculated according to the 2 . If, after its initial share has been used up , 90 % or relevant provisions of the Act of Accession and the more of the second share drawn by a Member State has Regulations relating thereto . been used up , 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 2 . Without prejudice to the provisions applicable as necessary to the next unit . regards quality standards , products covered by this Regulation cannot qualify under the tariff quota unless , when they are presented to the authorities responsible for 3 . If, after its second share has been used up , 90 % or the import formalities for the purposes of release into free more of the third share drawn by a Member State has been circulation in the customs territory of the Community , they used up , that Member State shall , in accordance with the are presented in packaging which bears the words 'Canary same conditions , draw a fourth share equal to the third . Islands ', or the equivalent thereof in another official Community language , in a clearly visible and perfectly legible form . This process shall continue until the reserve is used up .

Article 2 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in those paragraphs if there is reason to believe that these 1 . A first instalment amounting to 3 756 tonnes of the might not be used up . It shall inform the Commission of its Community tariff quota referred to in Article 1 shall be reasons for applying this paragraph . allocated among the Member States ; the respective shares which subject to Article 5 shall be valid until 31 December 1987 , shall be as follows :

Article 4 (tonnes) Benelux 244 Each of the additional shares drawn pursuant to Article 3 3 shall be valid until 31 December 1987 . Denmark 88 Germany Greece 3 3 175 Spain France 10 Article 5 Ireland 3 40 Italy The Member States shall return to the reserve , not later 3 Portugal than 1 October 1987 , such unused portion of their initial 187 United Kingdom share which , on 15 September 1987 , is in excess of 20 % of the initial volume . They may return a larger quantity if there are grounds for believing that it may not be used . 2 . The second instalment of 944 tonnes shall constitute the reserve . The Member States shall , not later than 1 October 1987 notify the Commission of the total quantities of the 3 . The quantities charged against the shares allocated to products in question up to 15 September 1987 and charged the Member States in accordance with Article 2 ( 1 ) of against the tariff quota and of any quantities of the initial Regulation ( EEC ) No 4048 / 86 or drawn by those States shares returned to the reserve . from the Community reserve constituted under Article 2 ( 3 ) of this Regulation shall be deducted from the shares and from the reserve provided for in this Article .

Article6¶

Article 3 The Commission shall keep an account of the shares opened by Member States in accordance with Articles 2 1 . If 90 % or more of a Member State's initial share as and 3 and shall , as soon as it is notified , inform each Member State of the extent to which the reserve has been specified in Article 2 ( 1 ), or 90 % of that share minus the portion returned to the reserve where Article 5 is applied , used up .

No L 140 / 22 Official Journal of the European Communities 30 . 5 . 87

It shall inform the Member States , not later than 5 October 4 . The extent to which a Member State has used up its 1987 , of the amount in the reserve after quantities have share shall be determined on the basis of the imports been returned pursuant to Article 5 . charged in accordance with paragraph 3 .

The Commission shall ensure that any drawing which exhausts the reserve does not exceed the balance available and , to this end , shall notify the amount of that balance to Article 8 the Member State which makes such last drawing . At the request of the Commission , Member States shall Article 7 inform it of imports actually charged against their shares .

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 Article 9 charged without interruption against their accumulated shares of the Community quota . The Member States and the Commission shall cooperate closely in order to ensure compliance with this 2 . The Member States shall ensure that importers of the Regulation . products in question have free access to the shares allocated to them .

3 . The Member States shall charge imports of the said Article 10 goods against their shares as and when the goods are entered with the customs authorities for free circulation . 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