No L 377 / 12 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4045 /86
of 22 December 1986
opening, allocating and providing for the administration of Community tariff quotas for
new potatoes and avocados , falling within subheadings 07.01 A II and 08.01 D of the
Common Customs Tariff and originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Portugal , the quota duties applicable are to be calculated
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 ;
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
Community tariff quotas should therefore be opened for
the periods in question, 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 ;
Having regard to the Act of Accession of Spain and
Portugal ( J ), 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 Communities 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 , new potatoes and avocados falling
within subheadings 07.01 A II and 08.01 D respectively of
the Common Customs Tariff and originating in the Canary
Islands qualify , on import into the customs territory of the
Community , for reduced duties within the limits of
Community tariff quotas ; whereas the quota volumes
amount to :
— 6 642 tonnes for new potatoes falling within
subheading 07.01 A II of the Common Customs Tariff
for the period 1 January to 30 June ,
and
— 2 060 tonnes for avocados falling within subheading
08.01 D of the Common Customs Tariff for the period
1 January to 31 December ;
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
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 :
(') OJ No L 302 , 15 . 11 . 1985 , p. 23 .
31 . 12 . 86 No L 377 / 13Official Journal of the European Communities
(in tonnes)
Member States
— 07.01 A II —
new potatoes
— 08.01 D —
avocados
1983 1984 1985 1983 1984 1985
Benelux 4 61 21 16 13 —
Denmark 93 226 127 — — 32
Germany — 4 — 2 6 9
Greece — — — — — —
Spain 818 818 24 1 351 1 351 841
France 23 — 38 112 97 406
Ireland — — — — — —
Italy — — — — — —
Portugal — — — — — —
United Kingdom 6 754 6 728 6 496 723 671 545
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
reserve ; whereas this must be done by each Member State
HAS ADOPTED THIS REGULATION:
Article 1
1 . ( a ) From 1 January to 31 March 1987 on import into
the Community the customs duties applicable for
the following products shall be suspended at the
levels and within the limits of Community tariff
quotas as follows :
Order No
CCT
heading
No
Description Quota volume
( tonnes )
Quota duties
( % )
09.0413 07.01 A II New potatoes , originating in the Canary
Islands 6 642 11,2
09.0415 08.01 D Avocados , originating in the Canary Islands 2 060 3
No L 377/ 14 Official Journal of the European Communities 31 . 12 . 86
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 States' 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 .
(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 .
2 . 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 .
3 . The quantities imported under the tariff quotas
referred to in paragraph 1 shall be deduced from the annual
quota volume amounts adopted under the definitive tariff
regime which will come into force on 1 April 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 .
Article 2
1 . The tariff quotas laid down in Article 1 shall be divided
into twp 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 ) new potatoes of subheading 07.01 A II :
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 .
Benelux
Denmark
Spain
United Kingdom
25 tonnes ,
85 tonnes ,
660 tonnes ,
4 540 tonnes ,
( b ) avocados of subheading 08.01 D :
Benelux
Germany
Spain
France
United Kongdom
10 tonnes ,
5 tonnes ,
1 085 tonnes ,
80 tonnes ,
470 tonnes .
Article 4
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 March 1987 .
3 . The second instalment of each quota , i.e.
respectively:
— 1 332 tonnes for new potatoes of subheading 07.01
All ,
and
— 410 tonnes for avocados of subheading 08.01 D ,
shall constitute the corresponding Community reserve .
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 .
4 . If an importer notifies the imminent import of the
product in question into the other Member States and
It shall ensure that the drawing which exhausts any reserve
does not exceed the balance available and , to this end , shall
31 . 12 . 86 Official Journal of the European Communities No L 377 / 15
notify the amount of that balance to the Member State
making the last drawing .
4 . 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 .
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 . The 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 .
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