31987R1494

30 . 5 . 87 Official Journal of the European Communities No L 140 / 23

COUNCIL REGULATION ( EEC ) No 1494 / 87

of 26 May 1987

opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I a) 2 of the Common Customs Tariff and originating in the Canary Islands ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , with certain marking and labelling conditions designed to prove their origin ;

Having regard to the Treaty establishing the European Whereas it is necessary , in particular , to ensure to all Economic Community , Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application Having regard to Council Regulation ( EEC ) No 1391 / 87 of the rates laid down for that quota to all imports of the of 18 May 1987 concerning certain adjustments to the products concerned into all Member States until the quota arrangements applied to the Canary Islands ^), and in has been used up ; whereas , however , since the quota is to particular Articles 5 and 10 thereof, cover requirements which cannot be determined with sufficient accuracy , it seems possible to avoid allocating it Having regard to the proposal from the Commission , among the Member States , without prejudice to the drawing against the quota volume of such quantities as Whereas under Article 5 of Regulation ( EEC ) No they may need , under conditions and according to a 1391 / 87 , fresh table grapes falling within subheading ex procedure to be specified ; whereas this method of 08.04 A I a ) 2 of the Common Customs tariff and management requires close cooperation between the Member States and the Commission and the latter must in originating in the Canary Islands shall qualify during the period 1 January to 31 March of each year on import into particular be able to monitor the rate at which the quota is the customs territory of the Community for reduced duties used up and inform the Member States thereof; within the limit of a Community tariff quota of 100 tonnes ; Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are Whereas , when the said products are imported into that united within and jointly represented by the Benelux part of Spain which is included in the customs territory of Economic Union , all transactions concerning the administration of shares allocated to that economic union the Community , they qualify for exemption from customs duties and are not subject to compliance with the reference may be carried out by any one of its members, 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 HAS ADOPTED THIS REGULATION : Accession of Spain and Portugal ; whereas , when the said products are released for free circulation in the remainder of the customs territory of the Community , they qualify for Article 1 the progressive reduction of customs duties according to the same timetable and under the same conditions as those 1 . ( a ) From 1 January until 31 March 1987 the duty of provided for in the Act of Accession for the same products the Common Customs tariff applicable on the and imported from the same countries , provided that the import into the Community for the following reference prices are complied with ; whereas , to qualify for products shall be suspended at the level and within the tariff quota , the products in question have to comply the limit of a Community tariff quota as follows :

CCT Quota Order Description volume Quota duty heading No No ( tonnes )

09.0435 ex 08.04 Grapes , fresh or dried :

A. Fresh I. Table grapes : a ) from 1 November to 14 July : 2 . Other 100 7,2 %

H OJ No L 133 , 22 . 5 . 1987 , p. 5 .

No L 140 / 24 30 . 5 . 87 Official Journal of the European Communities

( 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 . Member States shall take all appropriate measures to from customs duties and are not subject to ensure that their drawings pursuant to Article 1 (4 ) are compliance with the reference price . carried out in such a way that imports may be charged without interruption against their accumulated shares of ( c ) Within the limit of this tariff quota , the Portuguese the Community quota . Republic shall apply customs duties calculated according to the relevant provisions of the Act of Accession and the Regulations relating thereto . 2 . Each Member State shall ensure that importers of the said goods have access to the quota so long as the residual 2 . On import , the said products shall , in the event of any balance of the quota volume so permits . countervailing duty being applied under Regulation ( EEC ) No 1035 / 72 of 18 May 1972 on the common organization 3 . Member States shall charge imports of the said goods of the market in fruit and vegetables { l ), as last amended by against their drawings as and when the goods are entered Regulation ( EEC ) No 1351 / 86 ( 2 ), benefit from a for free circulation . reduction of 4 % of that duty .

4 . The extent to which the quota has been used up shall 3 . ( a ) Without prejudice to the other provisions applicable be determined on the basis of the imports charged in as regards quality standards , products covered by accordance with paragraph 3 . this Regulation cannot qualify under the tariff quota unless , when they are presented to the authorities responsible for the import formalities for the purposes of release into free circulation in the Article 3 customs territory of the Community , they are presented in packaging which bears the words At the request of the Commission , Member States shall 'Canary Islands', or the equivalent thereof in inform it of imports actually charged against the quota . another official Community language , in a clearly visible and perfectly legible form .

( b ) The third and fourth subparagraphs of Article 9 of Article 4 Council Regulation ( EEC ) No 1035 / 72 shall not apply to products covered by this Regulation . The Member States and the Commission shall collaborate closely in order to ensure that this Regulation is complied 4 . If an importer notifies an imminent importation of the with . product in question in a Member State and requests the benefit of the quota , the Member State concerned shall inform the Commission and draw an amount Article 5 corresponding to these requirements to the extent that the available balance of the reserve permits this . This Regulation shall enter into force on the day following 5 . The shares drawn pursuant to paragraph 4 shall be its publication in the Official Journal of the European valid until the end of the quota period . Communities,

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

(>) OJ No L 118 , 20 . 5 . 1972 , p . 1 . ( 2 ) OJ No L 119 , 8 . 5 . 1986 , p . 46 .