No L 377/ 24 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4048 / 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
certain live plants falling within subheadings ex 06.01 A, 06 . 02 A II and ex 06.02 D 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 No 2
annexed thereto ,
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the principles
mentioned above, the Community nature of the quota can
be respected by allocating the Community tariff quota
among the Member States ; whereas , to reflect as accurately
as possible the true trend of the market of the products in
question , such allocation should be in proportion to the
requirements of the Member States calculated by reference
to the statistics of imports of the said products originating
in the Canary Islands over a representative period and also
to the economic outlook for the quota period concerned ;
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 No 2 annexed to the
said Act ;
Whereas , during the last three years for which statistics are
available , the corresponding imports by each of the
Member States represent the following percentages of the
imports into the Community , of the products concerned ,
originating in the Canary Islands :
Member States 1983 1984 1985
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
8,6
0,3
4.2
78,5
0,4
0,7
7.3
10,7
0 1
4,5
77,2
0,4
1,7
5,4
3,2
0,1
4,9
86,6
0,6
0,7
3,9
Whereas , pursuant to Article 4 of Protocol No 2 annexed
to the Act of Accession , certain live plants falling within
subheadings ex 06.01 A , 06.02 A II and ex 06.02 D of the
Common Customs Tariff, originating in the Canary
Islands , may be imported into the Community within the
limits of a Community tariff quota at reduced duties ;
whereas the quota volume amounts to 3 446 tonnes ;
whereas for 1987 the duties to be applied within the limits
of the tariff quota 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 shall 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 designed to prove their origin ;
whereas , this Community tariff quota 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 ;
Whereas , in view of these factors , and of market forecasts
for the products in question , the initial quota shares may in
a first phase be fixed approximately at the following
percentages :
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
8,9 ,
0,1 ,
3,2 ,
0 , 1 ,
78,9 ,
0,4 ,
0,1 ,
1,4 ,
0,1 ,
6 , 8 .
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access to
O ) OJ No L 302 , 15 . 11 . 1985 , p. 23 .
31 . 12 . 86 No L 377 /25Official Journal of the European Communities
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 concerning the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
Whereas , in order to take into account import trends for
the products concerned in the various Member States , the
quota volume 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 those Member States having 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 quota should under present
circumstances be fixed at 80 % of the quota ;
HAS ADOPTED THIS REGULATION:
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 share should draw
an additional share from the 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 volume has been
used up and to inform the Member States thereof;
Article 1
1 . From 1 January to 31 March 1987 on import into the
Community the customs duties applicable for the following
products originating in the Canary Islands shall be
suspended at the levels and within the limits of a
Community tariff quota of 3 446 tonnes as follows :
Order
No
CCT
heading
No
Description
NIMEXE
code Rate of duty
09.0429 06.01 Bulbs , tubers , tuberous roots corms , crowns and rhizomes , dormant, in
growth or in flower :
ex A. Dormant :
l — Other than hyacinths , narcissi , tulips and gladioli 06.02-19 6 %
06.02 Other live plants, including trees , shrubs , bushes , roots , cuttings and slips :
A. Unrooted cuttings and slips : I
l II . Other 06.02-19 6 %
ex D. Other : l
l — Roses ( all the species Rosa), neither budded nor grafted: ll
\ — With stock of a diameter of 10 mm or less 06.02-61 9,7 %
— Other 06.02-65 9,7 %
I — Other than mycelium ( spawn of mushrooms and other ediblefungi ), rhododendrons , azaleas , vegetable and strawberry plants :I
\ — Outdoor plants : \
I — Trees , shrubs and bushes other than fruit trees and bushesand forest trees : I
— Rooted cuttings and growing plants 06.0^-81 9,7 %
I — Other 06.02-83 9,7 %
— Other : l
— Perennial plants 06.02-92 9,7 %
— Other 06.02-93 9,7 %
— Indoor plants : \
— Rooted cuttings and growing plants , excluding cacti 06.02-94 9,7 %
\ — Other than flowering plants with buds or flowers ,excluding cacti 06.02-99 9,7 %
No L 377/26 Official Journal of the European Communities 31 . 12 . 86
2 . If, after its initial share has been used up , 90 % or
more of the second 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 third
share equal to 7,5 % of its initial share , rounded up where
necessary to the next unit .
3 . If, after its second share 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
same conditions , 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 these
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .
The products qualify , however , within the limits of this
tariff quota 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 this tariff quota the Portuguese
Republic applies customs duties calculated according to the
relevant provisions 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 quota 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 .
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 4
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 March 1987 .
Article 2
1 . A first instalment amounting to 2 750 tonnes of the
Community tariff quota referred to in Article 1 shall be
allocated among the Member States ; the respective shares
which shall be valid until 31 March 1987 shall be as
follows :
Article 5
The Commission shall keep an account of the shares
opened by Member States in accordance with Articles 2
and 3 and shall , as soon as it is notified , inform each
Member State of the extent to which the reserve has been
used up .
It shall ensure that the drawing which exhausts the 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.
(tonnes)
244 ,
3 ,
88 ,
3 ,
2 172 ,
10 ,
3 ,
40 ,
3 ,
187 .
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
2 . The second instalment of 696 tonnes shall constitute
the reserve .
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 Community quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them.
Article 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ) 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 15 % of its
initial share , rounded up where necessary to the next
unit .
3 . The Member States shall charge imports of the said
goods against their shares as and when the goods are
entered with the customs authorities for free circulation .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 27
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 request of the Commission, 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 in order to ensure compliance with this
Regulation .
Article 9
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