COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.02.1997 
COM(97) 65 final 
97/0061 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
authorizing imports into the Canary Islands 
of textile and clothing products and certain quota goods originating in China without 
quantitative restrictions or measures having an equivalent effect 
(presented by the Commission) 

Explanatory Memorandum 
Council Regulation (EEC) No 1911/91 on the application of the provisions of 
Community law to the Canary Islands, which establishes special trade arrangements 
for the Canary Islands, provides that the common commercial policy applies to the 
Canary Islands on the terms laid down for mainland Spain without prejudice to the 
adoption of specific measures, such as the exemption of certain sensitive products 
from the rules of the common commercial policy. 
Spain has asked for derogations from commercial policy and for quantitative 
restrictions applicable on Community territory to imports of certain textile and 
clothing products and certain quota products originating in China not to apply to 
products intended for consumption in the Canary Islands. 
In view of the special constraints facing the Canary Islands, the free trade 
arrangements existing at the time of Spain's accession to the European Community 
and the low volume of trade involved, such a derogation is called for. 
The Commission believes that end-use measures implemented by the competent 
Spanish authorities to ensure, in accordance with Regulation (EC) No 527/96, that 
products put into free circulation are exclusively designated for the internal market of 
the Canary Islands, could also cover textile and clothing products and quota products 
originating in China. 
As end-use rules apply in principle only in case of suspension or reduction of an 
import duty, the Commission proposes to apply customs control in cases of specific 
derogation from commercial policy measures as well. This would also ensure that the 
goods in question reach the internal market of the Canary Islands, as they would 
continue to be under customs supervision. 
However, in case goods are re-consigned into Community customs territory the 
Commission proposes that the competent authorities take measures to avoid all risk of 
circumventing the quantitative restrictions which apply there. To this end, if the 
original import license cannot be submitted products must be accompanied by 
T5 documents, according to the rules in force. 
Council Regulation (EC) No ... 97 authorizing imports into the Canary Islands of 
textile and clothing products and certain quota products originating in China without 
quantitative restrictions or measures with an equivalent effect 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas according to Regulation (EC) No 1911/911 the Council may allow 
derogations, at the request of the Spanish authorities, from the provisions of the 
common commercial policy applicable to the territory of the Canary Islands; 
Whereas Spain has asked for such derogations from commercial policy and requests 
that quantitative restrictions applicable in the Community to imports of textile and 
clothing products and certain quota products originating in China be waived in respect 
of products intended for consumption in the Canary Islands; 
Whereas in light of the special constraints facing the Canary Islands, the free trade 
arrangements in force at the time of Spain's accession to the European Communities 
and the low volume of trade involved, such a derogation is justifiable; 
Whereas provisions should be adopted to ensure that products subject to derogation 
from the quantitative restrictions in force are exclusively for the internal market of the 
Canary Islands and that the Commission receives regular reports on the volume of 
imports and reconsignments; 
Whereas if the products in question are consigned to the rest of the Community 
customs territory, measures concerning quantitative restrictions must apply; whereas 
goods should therefore be accompanied by T5 documents as far as the customs office 
where they are released for consumption on presentation of the corresponding 
documents in order to ensure that they are subject to these measures; 
10JL171.29.6.91, p. 1 
HAS ADOPTED THIS REGULATION: 
Article 1 
Textile products falling within Chapter 50 to 63 of the Combined Nomenclature and 
those included in Annex II of Council Regulation (EC) No 519/942 shall be released 
for import into the Canary Islands without quantitative restrictions or measures having 
equivalent effect. 
Article 2 
1. The measures set out in Article 1 shall apply exclusively to products for the 
domestic market of the Canary Islands. 
2. The competent Spanish authorities shall take all necessary measures to ensure 
compliance with paragraph 1, in accordance with the relevant Community provisions 
on end use set out in Council Regulation (EEC) No 2913/92.3 
Article 3 
1. Should products subject to the measures set out in Article 1 be consigned to other 
parts of the Community customs territory, the competent Spanish authorities shall take 
all necessary measures for the collection of common customs tariff duties in 
accordance with the provisions of Article 2, paragraph 2 of Council Regulation (EC) 
No 527/96.4 The goods in question shall also be are subject to the relevant common 
commercial policy measures as laid down in the following regulations: 
- Council Regulation (EEC) No 3030/935 on common rules for imports of certain 
textile products from third countries 
- Council Regulation (EC) No 517/946 on common rules for imports of textile 
products from certain third countries not covered by bilateral agreements, protocols or 
other arrangements, or by other specific Community import rules, 
- Council Regulation (EC) No 519/94 on common rules for imports from certain third 
countries 
2. Any consignment of the products in question must be accompanied by a copy of 
control copy T5, issued according to Articles 472 to 484 of Commission Regulation 
(EEC) No 2453/937 laying down provisions for the implementation of Council 
Regulation (EEC) No 2913/92 establishing the Community Customs Code. 
2 OJ L 67, 10.3.94, p. 89 
3 OJL 302, 19.10.92, p. 1 
4 OJL 78, 28.3.1996, p. 1 
5 OJL 275, 8.11.1993, p. 1 
6 OJL 67, 10.3.1994, p. 1 
7 OJL 253, 11.10. 1993, p. I 
\ 
3. A copy of control copy T5 can only be issued upon presentation of a copy of the 
related Community import licence. 
4. The T5 control copy delivered by the office of departure must include the following 
particulars: 
in box 8, "Consignee": the name of the person in whose name the Community 
import licence is issued. 
in box 104: 
"Mercancias que deben someterse, para su despacho a consumo fuera de las islas 
canarias, a las restricciones cuantitativas aplicablesen la Comunidad 
Reglamento (CE) no ... Derogaciôn en las islas Canarias de las restricciones 
cuantitativas" 
(Goods subject to the quantitative restrictions applicable in the Community on 
release for consumption outside the Canary Islands) 
(Regulation (EC) No ... Derogation from quantitative restrictions for the Canary 
Islands). 
5. Documents accompanying goods moving under the Community internal transit 
procedure in accordance with Article 311(c) of Regulation (EEC) No 2454/93 must 
include in box 44 a reference to the relevant T5 control copy. 
6. The competent authorities at the office of destination shall deduct the quantity 
shown on the licence. 
Article 4 
For products referred to in Article 1 which are subject to quantitative restrictions or 
other surveillance measures in Community territory, the competent Spanish 
authorities shall notify the Commission by the 15th of each month of the volume of 
imports which have been subject to derogations during the previous month, and, 
where appropriate, of products that have been consigned towards the rest of the 
Community customs territory. 
Article 5 
The present Regulation shall enter into force on the third day after its publication in 
the Official Journal of the European Communities. 
The present Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels For the Council 
President 

ISSN 0254-1475 
COM(97) 65 final 
DOCUMENTS 
EN 11 13 02 
Catalogue number : CB-CO-97-058-EN-C 
ISBN 92-78-16137-3 
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