30. 12. 88 Official Journal of the European Communities No L 363/1 (Actos whose publication is obligatory) COUNCIL REGULATION (EEC) No 4092/88 of 16 December 1988 opening, allocating and providing for the administration of Community tariff quotas for tomatoes, cucumbers and aubergines originating in the Canary Islands (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, 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 by virtue of Article 4 of Protocol 2 to the Act of Accession and Article 2 of Council Regulation (EEC) No 1391/87 of 18 May 1987 concerning certain adjustments to the arrangements applied to the Canary Islands (1), tomatoes, cucumbers and aubergines falling within CN codes 0702 00 10, 0702 00 90, 0707 00 11, 0707 00 19 or 0709 30 00 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 are as follows: — 173 000 tonnes of tomatoes falling within CN codes 0702 00 10 or 0702 00 90, — 28 663 tonnes of cucumbers falling within CN codes 0707 00 11 or 0707 00 19, — 3819 tonnes of aubergines falling within CN code 0709 30 00; Whereas, for 1989, the duties applicable within the limits of » those tariff quotas are equal to 50% of the basic duties; (1) O] No L 133, 22. 5. 1987, p. 5. whereas, however, the products concerned qualify for exemption from import duties on import into that part of Spain which is included in the customs territory of the Community; whereas, where the said products are imported into Portugal, the quota duties applicable are to be calculated in accordance with the relevant provisions of the Act of Accession; whereas to qualify for the tariff quota the products in question must comply with certain marking and labelling conditions designed to prove their origin; Whereas equal and continuous access to the quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quotas are exhausted; whereas, in the light of these principles, allocation of the Community tariff quotas among the Member States would seem such as to preserve the Community nature of the quotas; whereas in order to correspond as closely as possible to the real trend of the market for the products concerned the allocation should reflect the requirements of the Member States based on statistics of imports of those products originating in the Canary Islands during a representative reference period and on the economic outlook for the quota period in question; Whereas, for 1989, it is necessary to maintain the shares for the Member States given that the administrations of the Member States cannot create, by 1989 a technical and administrative basis for Community administration of the quota; whereas, however, it is possible, given the evolution of trade over the last few years, to provide for an increase in the Community reserve; Whereas, during the last three years for which statistics are available, imports of these products into each of the Member States were as follows: