No L 377 / 8 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4044 / 86
of 22 December 1986
opening, allocating and providing for the administration of Community tariff quotas for
tomatoes , cucumbers and aubergines , 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, on the basis of the relevant provisions of the Act of
Accession ; whereas , when the said products are released
for free circulation in the remainder of the customs
territory of the Community , they 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 , provided
that the reference prices are complied with; whereas , to
qualify for the tariff quota , the products in question have
to comply with certain marking and labelling conditions
designed to prove their origin ; whereas the tariff quotas in
question should therefore be opened for 1987 , with the
validity of this Regulation being limited , however , to the
period 1 January to 31 March 1987 , which precedes the
entry into force of the definitive tariff regime to be adopted
in this field ; whereas , therefore , provision should be made
for the quantities imported under this Regulation to be
deducted from the quota volume amounts adopted under
the definitive regime;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quotas and uninterrupted application
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
mentioned above, the Community nature of the quotas can
be respected by allocating the Community tariff quotas
among the Member States ; whereas , in order to reflect as
accurately as possible the true trend of the market in the
products in question , such allocation should be in
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
a representative reference period and also to the economic
outlook for the quota period in question ;
Whereas , during the last three years for which statistics are
available , imports into each of the Member States were as
follows :
Having regard to the Act of Accession of Spain and
Portugal ('), and in particular Article 4 of Protocol 2
annexed thereto ,
Having regard to the proposal from the Commission ,
Whereas the Treaty and the acts of the Institutions of the
European Community apply to the Canary Islands
according to the conditions provided for in Article 25 of
the Act of Accession and in Protocol 2 annexed to the
said Act ;
Whereas according to Article 4 of Protocol 2 annexed
to the Act of Accession , tomatoes , cucumbers , and
aubergines falling within heading No ex 07.01 of the
Common Customs Tariff and originating in the Canary
Islands qualify on the import into the customs territory of
the Community for reduced duties in the limits of annual
Community tariff quotas ; whereas , the quota volumes
amount to :
— 165 645 tonnes for tomatoes falling within subheading
07.01 M,
— 28 663 tonnes for cucumbers falling within subheading
07.01 P I , and
— 3 819 tonnes for aubergines falling within subheading
07.01 T II ;
Whereas , when the said products are imported into that
part of Spain which is included in the customs territory of
the Community , they qualify for exemption from customs
duties and are not subject to compliance with the reference
price ; whereas , when the said products are imported into
Portugal , the quota duties applicable are to be calculated
H OJ No L 302 , 15 . 11 . 1985 , p. 23 .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 9
(in tonnes)
— 07.01 M —
tomatoes
— 07.01 P I —
cucumbers
— 07.01 T II —
aubergines
Member States
1983 1984 1985 1983 1984 1985 1983 1984 1985
1 347 2 70250 379
70
3 009
56 131
35
2 449
6 567
51
260
13 515
86
313 108 104
2 352
57
1 295
174
454
75 188
3 605
37 302
15 430
7 770
21
6 000
1 987
2 492
5
345
2
average of
217
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
average of
16 858
average of
445
43 37773
24
582
39
7
2
8
6
90 748 100 701 90 063 16 942 18 930 11 255 1 226 1 501 1 425
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 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 Commission and the latter must be in a position to
monitor the extent to which the quota amounts have been
used up and to inform Member States thereof;
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union, any operation relating to the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
Whereas in the last three years the products in question
were imported regularly only by certain Member States and
not at all or only occasionally by the other Member States ;
whereas , under these circumstances , in the first phase ,
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
imports actually take place in the latter ; whereas these
arrangements for allocation will equally ensure the uniform
application of the Common Customs tariff;
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 certain Member States and the second
constituting a reserve to cover the subsequent requirements
of these Member States where they have used up their
initial shares and any additional requirements which might
arise in the other Member States ;
Whereas , in order to give importers in each Member State a
certain degree of security , the first instalment of the
Community quotas should , under the circumstances , be
fixed at 80 % respectively of the quota volumes ;
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
State which has almost used up its initial quota shares
should draw an additional share from the corresponding
HAS ADOPTED THIS REGULATION:
Article 1
1 . ( a ) From 1 January to 31 March 1987 on import into
the Community the duties of the Common Customs
Tariff applicable for the following products shall be
suspended at the levels and within the limits of
Community tariff quotas as follows :
No L 377 / 10 Official Journal of the European Communities 31 . 12 . 86
Order No
CCT
heading
No
Description
Quota
volumes Quota duties
— From
1 January
to the end
of
February
— From
1 March
to
31 March
09.0417
09.0419
09.0421
07.01 M
07.01 P I
07.01 T II
Tomatoes , originating in the Canary Islands
Cucumbers , originating in the Canary Islands
Aubergines , originating in the Canary Islands
165 646
28 663
3 819
4,4% , subject
to a minium of
0,8 ECU per
100 kg net
8,8 % , subject
to a minimum of
1,6 ECU per
100 kg net
12,8 %
12,8 %
annual quota volume amounts adopted under the definitive
tariff regime which will come into force on 1 April 1987 .
( b ) Where the said products are imported into that part
of Spain which is included in the customs territory
of the Community , they shall qualify for exemption
from customs duties and are not subject to
compliance with the reference price .
( c ) Within the limits of these tariff quotas , the
Portuguese Republic shall apply customs duties
calculated according to the relevant provisions of
the Act of Accession and the Regulations relating
thereto .
Article 2
1 . The tariff quotas laid down in Article 1 shall be divided
into two instalments .
2 . A first instalment of each tariff quota shall be allocated
among certain Member States ; the respective shares which
shall be valid until 31 March 1987 shall amount to the
quantities indicated below:
( a ) tomatoes of subheading 07.01 M :-
2 . On import , the said products shall be subject to
compliance with the reference prices on the same terms as
the same products coming from the part of Spain included
in the customs territory of the Community .
Benelux
Germany
Spain
France
United Kingdom
41 470 tonnes ,
2 000 tonnes ,
13 530 tonnes ,
720 tonnes ,
74 780 tonnes ;
( b ) cucumbers of subheading 07.01 P I :
8 640 tonnes ,
50 tonnes ,
210 tonnes ,
190 tonnes ,
14 020 tonnes ;
Benelux
Denmark
Germany
Spain
United Kingdom
3 . ( a ) Without prejudice to the other provisions applicable
as regards quality standards , products covered by
this Regulation cannot qualify under the tariff
quotas unless , when they are presented to the
authorities responsible for the import formalities for
the purposes of release into free circulation in the
customs territory of the Community , they are
presented in packaging which bears the words
'Canary Islands', or the equivalent thereof in
another official Community language , in a clearly
visible and perfectly legible form .
( b ) The third and fourth subparagraphs of Article 9 of
Council Regulation (EEC ) No 1035 / 72 of 18 May
1972 on the common organization of the market in
fruit and vegetables ( J ), as last amended by
Regulation (EEC) No 1351 / 86 ( 2 ), shall not apply
to products covered by this Regulation .
( c ) Aubergines of subheading 07.01 T II :
Benelux
Germany
Spain
France
United Kingdom
1 520 tonnes ,
75 tonnes ,
350 tonnes ,
65 tonnes ,
1 040 tonnes .
3 . The second instalment of each quota , i . e .
respectively :
4 . The quantities imported under the tariff quotas
referred to in paragraph 1 shall be deducted from the — 33 145 tonnes for tomatoes of subheading 07.01 M,
— 5 733 tonnes for cucumbers of subheading 07.01 P I ,
and
— 769 tonnes for aubergines of subheading of 07.01 T II
shall constitute the corresponding Community reserve .
H OJ No L 118 , 20 . 5 . 1972 , p. 1 .
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p. 46 .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 11
4 . If an importer notifies the imminent import of the
product in question into the other Member States and
requests the benefit of the quota , the Member State
concerned shall inform the Commission and draw an
amount corresponding to these requirements to the extent
that the available balance of the reserve so permits .
Article 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2 ) has been used up , then , to the
extent permitted by the amount of the reserve , that
Member State shall forthwith , by notifying the
Commission , draw a second share equal to 10 % of its
initial share , rounded up where necessary to the next
unit .
Article 5
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and , as soon as it is notified , shall inform each State of the
extent to which the reserves have been used up .
It shall ensure that the drawing which exhausts any reserve
does not exceed the balance available and, to this end, shall
notify the amount of that balance to the Member State
making the last drawing.
Article 6
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
charged without interruption against their accumulated
shares of the tariff quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them.
3 . Member States shall charge imports of the products in
question against their shares as and when the products are
entered with the customs authorities for free circulation .
The extent to which a Member State has used up its shares
shall be determined on the basis of the imports charged
against shares under the conditions provided for in
paragraph 3 .
Article 7
At the Commission's request , the Member States shall
inform it of imports of the products concerned actually
charged against their shares .
Article 8
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
Article 9
This Regulation shall enter into force on 1 January 1987 .
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
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 .
3 . If, after one of its second shares has been used up ,
90 % or more of the third share drawn by a Member State
has been used up , that Member State shall , in accordance
with the conditions laid down in paragraph 1 , draw a
fourth share equal to the third .
This process shall continue until the reserve is used up .
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 they
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 March 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 22 December 1986 .
For the Council
The President
G. SHAW
Full & Egal Universal Law Academy