No L 377 / 16 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4046 / 86
of 22 December 1986
opening, allocating and providing for the administration of Community tariff quotas for
beans (of the species Phaseolus), onions and sweet peppers , 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 , Accession ; whereas , when the said products are released
for free circulation in the remainder of the customs
territory of the Community , they shall 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 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 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 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 , beans , onions and sweet peppers
falling within heading No ex 07.01 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 annual
Community tariff quotas ; whereas the quota volumes
amount to :
— 1 219 tonnes for beans (of the species Phaseolus) of
subheading 07.01 F II of the Common Customs
Tariff ,
— 5 348 tonnes for onions of subheading ex 07.01 H
of the Common Customs Tariff ,
— 16 605 tonnes for sweet peppers of subheading 07.01 S
of the Common Customs Tariff;
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 of customs
duties ; whereas , where the said products are imported into
Portugal , the quota duties applicable are to be calculated
on the basis of the provisions belonging to the Act of
(') OJ No L 302 , 15 . 11 . 1985 , p. 23 .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 17
(in tonnes)
— 07.01 H —
onions
— 07.01 S —
sweet peppers
Member States
— 07.01 F II —
beans (of the species Phaseolus)
1983 1984 1985 1983 1984 1985 1983 1984 1985
418 338 31 7 781
34
443
8 716
6
42614 18
720
2
62
627
24
1 000
61
566
14 026
45
13 054
1 086
5 758
151
46
average of
723
average of
4 488
average of
279
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
308
1
116 309 458 133 1 067 6 137 6 851 7 284
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 only imported regularly 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 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
quotas 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 . 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 tariff quotas as follows :
Order No
CCT
heading No Description
Quota
volumes
( tonnes )
Quota
duties
09.0423
09.0425
09.0427
07.01 F II
ex 07.01 H
07.01 S
Beans (of the species Phaseolus), originating in
the Canary Islands
Onions , originating in the Canary Islands
Sweet peppers , originating in the Canary
Islands
1 219
5 348
16 605
10,6 % subject to a
minimum of 1 ,6
ECU per 100 kg
net
9,8 %
5,1 %
No L 377 / 18 Official Journal of the European Communities 31 . 12 . 86
(c) sweet peppers falling within subheading 07.01 S :
Benelux
Denmark
Germany
Spain
United Kingdom
6 920 tonnes ,
50 tonnes ,
600 tonnes ,
240 tonnes ,
5 470 tonnes .
( a ) 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 .
( b ) Within the limits of these quotas the Portuguese
Republic shall apply customs duties calculated
according to the relevant provisions of the Act of
Accession and the Regulations relating thereto .
3 . The second instalment of each quota , i . e
respectively :
— 244 tonnes for beans (of the species Phaseolus ) falling
within subheading 07.01 F II ,
— 1 068 tonnes for onions falling within subheading
ex 07.01 H, and
— 3 325 tonnes for sweet peppers falling within
subheading 07.01 S shall constitute the corresponding
Community reserve .
3 . ( a ) Without prejudice to the 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 provisions of 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 ( 1 ), as last amended by Regulation (EEC)
No 1351 / 86 ( 2 ), shall not apply to products
covered by this Regulation .
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 .
4 . The quantities imported under the tariff quotas
referred to in paragraph 1 shall be deducted from the
annual quota volume amounts adopted under the definitive
tariff regime which will come into force on 1 April 1987 .
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 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 shared
among certain Member States ; the respective shares which
shall be valid until 31 March 1987 shall amount to the
quantities indicated below:
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 .
( a ) beans (of the species Phaseolus ) falling within
subheading 07.01 F II :
Benelux
Germany
Spain
United Kingdom
260 tonnes ,
15 tonnes ,
580 tonnes ,
120 tonnes ;
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 .
( b ) onions falling within subheading ex 07.01 H :
Benelux 370 tonnes ,
Germany - 200 tonnes ,
Spain 3 595 tonnes ,
United Kingdom 115 tonnes ;
(') OJ No L 118 , 20 . 5 . 1972 , p. 1 .
( 2 ) OJ No L 119 , 8 . 5 . 1986 , p. 46 .
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
31 . 12 . 86 Official Journal of the European Communities No L 377 / 19
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 .
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 the imports of the
products concerned against their shares as and when the
products are entered whith customs authorities for free
circulation .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports of the
products concerned , originating in the Canary Islands ,
entered with the customs authorities accompanied by
statements of release for free circulation .
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 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
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