No L 377 /20 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4047/ 86 ^
of 22 December 1986
opening, allocating and providing for the administration of Community tariff quotas for
fresh flowers falling within subheading 06.03 A of the Common Customs Tariff and
originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession of Spain and
Portugal (*), and in particular Article 4 of Protocol 2
annexed thereto ,
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 be 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
said products originating in the Canary Islands over a
representative reference period and also to the economic
outlook for the quota period in question;
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 , during the last three years for which statistics are
available , the corresponding imports into each of the
Member States represent the following percentages of the
imports into the Community of the products in question
originating in the Canary Islands:
— Roses , carnations , orchids , gladioli and
chrysanthemums:
Whereas according to Article 4 of Protocol 2 annexed
to the Act of Accession , fresh flowers falling within
subheading 06.03 A of the Common Customs Tariff,
originating in the Canary Islands , may be imported into the
Community within the limits of Community tariff quotas
at reduced duties ; whereas the quota volumes amount for
roses , carnations , orchids , gladioli and chrysanthemums to
85 460 000 pieces and for the other flowers to 597 tonnes ;
whereas for 1987 the duties to be applied in the limits of
these tariff quotas are equal to 75 % of the duties of the
Common Customs Tariff; whereas , however , when the
products in question are imported into that part of Spain
which is included in the customs territory of the
Community they will qualify for exemption from customs
duties ; whereas , when the products are imported into
Portugal , the quota duties applicable must be calculated on
the basis of the provisions referred to in the Act of
Accession ; whereas to benefit from the tariff quota the
products in question must comply with certain marking
and labelling conditions to prove their origin ; whereas
these Community tariff quotas should 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 ;
Member States 1983 1984 1985
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
6,2
36,6
43,0
3,7
0,9
9,6
5,9
25,2
61,5
1,1
0,4
5,9
34,3
46,7
1,8
1,3
15,9
— Other flowers :
Member States 1983 1984 1985
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
44,2
14.0
40.1
0,6
1,1
25,2
7,1
66,9
0,8
16,5
4,8
76,7
0,5
1,3
0,2
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
0 ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 21
Whereas , in view of these factors and of the foreseeable
market trends of the products in question , initial shares of
the quota volumes may be fixed in a first phase
approximately at the following percentage :
Member States
Roses ,
carnations ,
orchids , gladioli
and
chrysanthemums
Other
flowers
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
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 ,
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
6,0
0,1
31,0
0,1
52,6
2,6
0,1
0,5
0,1
6,9
33
1
9
1
51
1
1
1
1
1
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 the Member States and the second
constituting a reserve to cover at a later date the
requirements of the Member States which have used up
their initial quota shares ; 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 ;
HAS ADOPTED THIS REGULATION:
Article 1
1 . 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 :
Order No
CCT
heading
No
Description
Quota
volumes Quota duties
06.03 Cut flowers and flower buds of a kind suitable for
bouquets or for ornamental purposes , fresh , dried , dyed ,
bleached , impregnated or otherwise prepared , originating
in the Canary Islands :
-
09.0431
ex A. Fresh :
— Roses , carnations , orchids , gladioli , and
chrysanthemums
85 460 000
pieces
- 12,7 %
09.0433 ex A. Fresh :
— Other flowers 597 tonnes -
The products qualify , within the limits of these tariff
quotas , for exemption from customs duties when they are
imported into that part of Spain which is included in the
customs territory of the Community .
Within the limits of these tariff quotas , Portugal shall apply
customs duties calculated according to the provisions in
question of the Act of Accession and the Regulations
relating thereto .
2 . Without prejudice to the provisions applicable as
regards quality standards , products covered by this
Regulation cannot qualify under the tariff quotas unless , at
the time of their presentation to the autorities 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 deducted from the
No L 377 /22 Official Journal of the European Communities 31 . 12 . 86
annual quota volume amounts adopted under the definitive
tariff regime which will come into force on 1 April 1987 .
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 2
1 . The tariff quotas laid down in Article 1 shall be divided
into two instalments .
2 . A first instalment of each Community tariff quota
mentioned in Article 1 shall be shared among the Member
States ; the shares which shall be valid until 31 March 1987
shall be as follows :
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 March 1987 .
Member States
— ex 06.03 A —
roses , carnations ,
gladioli , orchids
and
chrysanthemums
(pieces )
— ex 06.03 A —
other
flowers
( tonnes)
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.
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
4 100 000
70 000
21 200 000
70 000
35 980 000
1 780 000
70 000
340 000
70 000
4 720 000
158
5
43
5
244
5
5
5
5
5
3 . The second instalment of each quota , i.e. 17 060 000
pieces and 117 tonnes respectively , shall constitute the
corresponding reserves .
Article 6
1 . The Member States shall take all measures 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 the imports of the
products concerned against their shares as and when the
products are entered with customs authorities for free
circulation .
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 .
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 .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports
charged in accordance with 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 .
No L 377 / 2331 . 12 . 86 Official Journal of the European Communities
Article 8
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
Article 10
This Regulation shall enter into force on 1 January 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