1992R3621 — EN — 01.01.2001 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 3621/92
of 14 December 1992
temporarily suspending the autonomous Common Customs Tariff duties on imports of certain
fishery products into the Canary Islands
(OJ L 368, 17.12.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1106/2001 of 30 May 2001 L 151 3 7.6.2001
▼B
COUNCIL REGULATION (EEC)No 3621/92
of 14 December 1992
temporarily suspending the autonomous Common Customs Tariff
duties on imports of certain fishery products into the Canary Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,Whereas Council Regulation (EEC) No 1911/91 of 26 June 1991 on the
application of the provisions of Community law to the Canary Islands(
1)
provides that from 1 July 1991 the Canary Islands is to form part of theCommunity's customs territory, that the common policies as a whole are
to apply to them and that the Common Customs Tariff (CCT) is to be
progressively introduced during a transitional period which, in principle,may not extend beyond 31 December 2000; whereas, consequently, witheffect from 1 July 1991, imports into the Canary Islands of fisheryproducts originating in third countries have been subject to customs
duties, which prior to that date, had not been levied on them; whereas,
under Article 3 of the said Regulation, application of the commonfisheries policy is to be accompanied by specific measures;
Whereas point 7.1 of the Annex to Council Decision 91/314/EEC of 26
June 1991 setting up a programme of options specific to the remote andinsular nature of the Canary Islands (Poseican)(
2) states that, at the
request, with supporting documents, of the competent Spanishauthorities, specific tariff measures will be considered for certain
sensitive products to take account of particular problems in a given
sector of local production intended for local consumption or tourism,with a view to maintaining an exemption equivalent to that applied priorto the entry into force of Regulation (EEC) No 1911/91 and to allowaccess for certain consumer goods;
Whereas the exceptional geographical situation of the Canary Islands in
relation to the sources of supply of fishery products which are essential
for domestic consumption entails costs that are a severe burden for this
sector, whereas this natural handicap can be remedied by temporarilysuspending customs duties on imports of the products in question fromthird countries;
Whereas, according to point 7.2 of the said Annex, such measures mut
be carefully tailored to the Canary Islands' domestic market to avoid anydeflection of trade and, in principle, must be limited to the transitional
period provided for in Article 6 of Regulation (EEC) No 1911/91 for the
gradual application of the Common Customs Tariff to the CanaryIslands; whereas, therefore, after examination at the end of thetransitional period of the situation as regards the imports in question,provision should be made for a possible extension of the measuresbeyond the said period;
Whereas the competent Spanish authorities submitted a request for
autonomous Common Customs Tariff duties to be suspended in full
from 1 July 1992 to 31 December 2000 on imports of certain fishery
products into the Canary Islands;
Whereas the request by the Spanish authorities to have the products in
question exempted from customs duty is to ensure that the supplyconditions for the said products are maintained and it is hence deemed tobe justified;
Whereas measures must be taken to ensure both that the products for
which suspension is requested are intended solely for the Canary Islands'domestic market and that the Commission is kept regularly informed of1992R3621 — EN — 01.01.2001 — 001.001 — 2
(1) OJ No L 171, 29. 6. 1991, p. 1. Amended by Regulation (EEC) No 284/92
(OJ No L 31, 7. 2. 1992, p. 6).
(2) OJ No L 171, 29. 6. 1991, p. 5.
▼B
the volume of imports in question so that, if necessary, it can take steps
to prevent any speculative movement or deflection of trade,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July 1992 to ►M131 December 2001 ◄, the Common
Customs Tariff duties applicable to imports into the Canary Islands of
the products listed below shall be totally suspended:
CN code Description
0303 Fish, frozen, excluding fillets and other fish meat of heading
No 0304
0304 Fish fillets and other fish meat (whether or not minced), fresh,
chilled of frozen
2. The suspension referred to in paragraph 1 shall be granted
exclusively for products intended for the Canary Islands' domesticmarket.
3. The competent Spanish authorities shall adopt the provisions
necessary to ensure compliance with paragraph 2, pursuant to therelevant Community provisions on end-use and in particular the levyingof Common Customs Tariff duties, when the products in question are
dispatched to other parts of the customs territory of the Community.
They shall inform the Commission of such measures at the earliest
opportunity.
Article 2
1. In the case of the products referred to in Article 1, the competent
Spanish authorities shall inform the Commission, before 1 March ofeach year, of the volume of imports exempted from duty during thepreceding calendar year.
2. The information to be forwarded before 1 March 1993 must cover
all imports since 1 July 1992.
Article 3
As part of the transitional period provided for in Article 6 of Regulation
(EEC) No 1911/91, the Commission, after consulting the competent
Spanish authorities, shall examine in 1995 the effect of all the measuresadopted in favour of the Canary Islands' economy and shall inform theCouncil thereof.
Before 30 June 2000, the situation as regards the imports in question
shall be re-examined. On the basis of the outcome of this re-examination, the Commission shall submit to the Council any relevant
proposals for the period after 31 December 2000.
Article 4
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
It shall apply with effect from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R3621 — EN — 01.01.2001 — 001.001 — 3