31987R4105

No L 383 / 34 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4105 / 87

of 22 December 1987 opening, allocating and providing for the administration of Community tariff quotas for certain types of manufactured tobacco processed in the Canary Islands ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , allocation should reflect the requirements of the Member States based on statistics of imports of those products originating in the Canary Islands during a representative Having regard to the Treaty establishing the European reference period and on the economic outlook for the quota Economic Community , period in question ;

Having regard to the Act of Accession of Spain and Portugal ^), and in particular Article 2 of Protocol 2 thereto , Whereas imports into the Member States during the last three years for which statistics are available were as follows :

Having regard to the proposal from the Commission ,

Cigarettes falling within Cigars , cheroots and code 2402 20 00 cigarillos falling within Whereas Article 2 of Protocol 2 and Article 10 of Protocol 3 Member State of the CN code 2402 10 00 of the CN to the Act of Accession provide that from 1 January 1986 ( millions of units ) ( millions of units ) manufactured tobacco falling within Chapter 24 of the 1984 1985 1986 1984 1985 1986 combined nomenclature which is processed in the Canary Islands is to qualify , in the customs territory of the Benelux 1 276 1 300 150 Community , for exemption from customs duties within the Denmark -| |-I-l -l 4 limits of annual Community tariff quotas ; whereas this tariff Germany 56 preference applies to products of which there have been -1 Greece imports in the last five years ; whereas , calculated on the basis -l Spain 18 702 18 496 15 723 312 300 314 200 329 175 of the abovementioned Article 2 , the quota volumes for France — — — 208 340 349 cigarettes falling within code 2402 20 00 of the combined nomenclature and cigars , cheroots and cigarillos falling Ireland -I -l -I within code 2402 10 00 of the combined nomenclature are Italy I 18 170 million units and 320,5 million units respectively ; Portugal I -| whereas there are no imports of other manufactured tobacco — — — 5 2110 190 United Kingdom falling within Chapter 24 of the combined nomenclature ; whereas the tariff quotas in question should therefore be opened for 1988 ;

Whereas from 1 January 1988 the nomenclature used in the Whereas during the last three years the products in question were imported only by certain Member States and not at all Common Customs Tariff will be replaced by the combined nomenclature based on the International Convention on the by the other Member States ; whereas under these circumstances initial shares should be allocated only to the Harmonized Commodity Description and Coding System ; importing Member States and the other Member States whereas this Regulation must take account of that fact by indicating the combined nomenclature codes of the products should be guaranteed access to the benefit of the tariff quotas concerned ; when imports into those Member States are announced ; whereas these allocation arrangements will ensure the uniform application of the Common Customs Tariff; Whereas rules should be laid down on the marking of the products concerned ;

Whereas , to allow for the trend of imports of the products Whereas equal and continuous access to the quotas should be concerned in the various Member States , each quota volume ensured for all Community importers and the rates laid down should be divided into two parts , the first being allocated for the quotas should be applied consistently to all imports of among certain Member States and the second being held as a the products in question into all Member States until the reserve to cover any subsequent requirements of those quotas are exhausted ; whereas , in the light of these Member States which have used up their initial shares and principles , allocation of the tariff quotas among the Member any requirements which might arise in the other Member States would seem to preserve the Community nature of the States ; whereas , to afford importers in each Member State quotas ; whereas in order to correspond as closely as possible some degree of certainty , an appropriate level for the first to the real trend of the market for the products concerned the part of the Community quotas would , in the present circumstances , be 90% and 95 % respectively of the quota H OJ No L 302 , 15 . 11 . 1985 , p. 23 . volumes ;

31 . 12 . 87 No L 383 / 35 Official Journal of the European Communities

Whereas the initial shares of the Member States may be used Community quota from remaining unused in one Member up at different rates ; whereas , in order to avoid any break in State when it could be used in others ; the continuity of supplies on this account , it should be provided that any Member State which has almost used up Whereas since the Kingdom of Belgium , the Kingdom of the one of its initial quota shares should draw an additional share Netherlands and the Grand Duchy of Luxembourg are united from the corresponding reserve ; whereas each time one of its within and jointly represented by the Benelux Economic additional shares is almost used up a Member State should Union , any operation concerning the administration of the draw a further share and so on as many times as the reserve quota shares allocated to that economic union may be carried allows ; whereas each of the initial and additional shares must out by any one of its members , be valid until the end of the quota period ; whereas this form of administration requires close cooperation between the Member States and the Commission and the latter must be HAS ADOPTED THIS REGULATION : able to monitor the extent to which the quota volumes have been used up and inform the Member States accordingly ;

Article 1 Whereas if at a given date in the quota period a considerable quantity of one of a Member State's initial shares remains 1 . From 1 January to 31 December 1988 the duties unused , it is essential that the Member State concerned applicable to imports of the following products shall be should return a significant proportion thereof to the suspended at the levels indicated and within the limits of corresponding reserve in order to prevent part of a Community tariff quotas as shown below :

Order No CN code Volume of quota Description Rate of duty ( million units )

09.0401 2402 20 00 Cigarettes , manufactured in the Canary Islands 18 170 Free 09.0403 2402 10 00 Cigars , cheroots and cigarillos manufactured in the Canary Islands 320,5 Free

2 . Products covered by this Regulation shall not qualify 3 . The second part of each quota , 1 815 million units for the tariff quotas unless , when they are presented to the ( code 2402 20 00 of the combined nomenclature ) and 16,0 customs authorities responsible for the import formalities for million units ( No 2402 10 00 of the combined release for free circulation in the customs territory of the nomenclature ) respectively , shall constitute the Community , they are presented in packaging which bears the corresponding reserve . words 'Manufactured in the Canary Islands', or the equivalent thereof in another official Community language , 4 . If an importer gives notification of imminent imports in a clearly visible and perfectly legible form . of the products in question into the other Member States and applies to take advantage of the quota , the Member State concerned shall inform the Commission and draw an amount Article 2 corresponding to its requirements to the extent that the available balance so permits . 1 . The tariff quotas referred to in Article 1 shall be divided into two parts .

2 . The first part of each quota shall be allocated among Article 3 certain Member States ; without prejudice to Article 5 , the quota shares shall be valid until 31 December 1988 and shall be as follows : 1 . If a Member States has used 90 % or more of one of its a cigarettes falling within code 2402 20 00 of the initial quota shares as specified in Article 2 ( 2 ), or of that combined nomenclature : share less any portion returned to the reserve pursuant to Article 5 , it shall forthwith , by notifying the Commission Spain 16 355 million units ; and to the extent that the reserve so permits , draw a second ( b ) share equal to 10% of its initial share , rounded up where cigars , cheroots and cigarillos falling within code 2402 10 00 of the combined nomenclature : necessary to the next whole number.

Benelux 1,2 million units , Denmark 0,4 million units , 2 . If, after one of its initial quota shares has been used up , Spain 302,5 million units , a Member State has used 90 % or more of its second share as France 0,3 million units , well , it shall , using the procedure provided for in United Kingdom 0,1 million units . paragraph 1 and to the extent that the reserve so permits ,

No L 383 / 36 Official Journal of the European Communities 31 . 12 . 87

draw a third share equal to 5 % of the initial share , rounded It shall inform the Member States , not later than 5 November up where necessary to the next whole number . 1988 , of the state of each of the reserves following any return of quota shares pursuant to Article 5 . 3 . If, after one of its second shares has been used up , a Member State has used 90% or more of its third share , it It shall ensure that the drawing which exhausts one of the reserves does not exceed the balance available , and to this shall , using the procedure provided for in paragraph 1 draw end shall notify the amount of that balance to the Member a fourth share equal to the third . State making the final drawing . This process shall continue until the reserve is used up .

Article 7 4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw smaller shares than those specified 1 . Member States shall take all appropriate measures to in the said paragraphs if there is reason to believe that they ensure that additional drawings of shares pursuant to might not be used in full . Member States shall inform the Article 3 enable imports to be charged without interruption Commission of their reasons for applying this paragraph . against their accumulated shares of the Community tariff quotas .

2 . Member States shall ensure that importers of the Article 4 products concerned have free access to the quota shares allocated to them . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 . 3 . Member States shall charge imports of the products concerned against their quota shares as and when the goods are entered with the customs authorities for free circulation . Article 5 4 . The extent to which a Member State has used up its By 1 November 1988 at the latest , the Member States must quota share shall be determined on the basis of imports of the products in question manufactured in the Canary Islands and return to the reserve the unused portion of their initial share which , on 15 October 1988 , is in excess of 20 % of the initial charged in accordance with paragraph 3 . volume . They may return a greater portion if there is reason to believe that it might not be used . Article 8 By 1 November 1988 at the latest , Member States must At the request of the Commission , Member States shall notify the Commission of the total quantities of the products concerned imported on or before 15 October 1988 and inform it of imports of the products actually charged against their quota shares . charged against the Community quotas and of any portion of their initial shares that they are returning to the corresponding reserves . Article 9

The Member States and the Commission shall cooperate Article 6 closely to ensure that this Regulation is complied with .

The Commission shall keep account of the shares drawn by Member States pursuant to Articles 2 and 3 and shall inform Article 10 each Member States of the extent to which the reserves have been used up as soon as it has been notified . This Regulation shall enter into force on 1 January 1988 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 22 December 1987 .

For the Council The President N. WILHJELM