Council Regulation (EC) No 645/2008 of 8 July 2008 opening and providing for the administration of autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands
Date: 2008-07-08
Institutions: Council of the European Union
Subjects: Canary Islands, fishery product, import, originating product, tariff quota

9.7.2008

EN

Official Journal of the European Union

L 180/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 645/2008

of 8 July 2008

opening and providing for the administration of autonomous Community tariff quotas on imports
of certain fishery products into the Canary Islands

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 299(2) thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

After consulting the European Economic and Social Committee,

After consulting the Committee of the Regions,

Whereas:

(1)

(2)

(3)

and

provided

Council Regulation (EC) No 704/2002 (1) among others
of
for
opened
autonomous Community tariff quotas on imports of
certain fishery products into the Canary Islands for the
period 1 January 2002 to 31 December 2006.

administration

the

Council Regulation (EC) No 791/2007 (2) introduced a
new scheme to compensate for
the additional costs
incurred in the marketing of certain fishery products
from the outermost regions of the Azores, Madeira, the
Canary Islands, French Guiana and Réunion.

the Canary
The exceptional geographical situation of
Islands in relation to the sources of supply of certain
for domestic
fishery products which are

essential

(1) OJ L 111, 26.4.2002, p. 1.
(2) OJ L 176, 6.7.2007, p. 1.

resulting

consumption entails additional costs for this sector. This
natural handicap, as recognised in Article 299(2) of the
Treaty,
and
from insularity,
outermost
inter alia, by
temporarily suspending customs duties on imports of
the products in question from third countries within
Community tariff quotas of an appropriate volume.

location can be remedied,

remoteness

(4)

(5)

(6)

(7)

(8)

The Spanish authorities submitted on 29 July 2004 and
19 July 2006 reports on implementation of the measures
referred in Article 3 of Regulation (EC) No 704/2002
and requested the extension of those measures for the
period 2007-13. The Commission has examined, on the
basis of the aforementioned reports, the impact of the
measures adopted on imports of certain fishery products
into the Canary Islands.

The reports provided by the Spanish authorities indicated
that the quotas opened by Regulation (EC) No 704/2002
were not exhausted.

Tariff quotas similar to those opened with Regulation
(EC) No 704/2002 for certain fishery products are
warranted because they would cover the needs of the
Canary Islands’ domestic market, while ensuring that
flows of
into the Community
reduced-duty imports
remain predictable and clearly identifiable.

the quotas opened by Regulation (EC) No
it is appropriate to set

Since
704/2002 were not exhausted,
the quantity of the quotas at a lower level.

In order to avoid undermining the integrity and the
coherence of the internal market, measures should be
for which
taken to ensure
suspension is granted are
the
Canary Islands’ domestic market.

intended solely for

fishery products

that

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Official Journal of the European Union

9.7.2008

(9)

Measures must be taken to ensure that the Commission
is kept regularly informed of the volume of imports in
question so that, if necessary, it can take steps to prevent
any speculative movement or deflection of trade.

the measures referred to in Article 1. The
after 2010, of
Commission shall re-examine the impact of
those measures
and, on the basis of its findings, submit to the Council any
relevant proposals for the period after 2013.

(10)

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

(11) Moreover, in order to ensure coherence with the scheme
introduced by Regulation (EC) No 791/2007 the tariff
quotas should be opened for the period 2007-13 and
in order to ensure continuity with the measures set out
it is appropriate to
in Regulation (EC) No 704/2002,
apply the measures provided for
in this Regulation
from 1 January 2007,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January 2007 to 31 December 2013 the
1.
Common Customs Tariff duties applicable to imports into the
Canary Islands of the fishery products listed in the Annex to
this Regulation shall be suspended in full
for the quantity
indicated in that Annex.

2.
The suspension referred to in paragraph 1 shall be granted
the Canary Islands’
exclusively for products
intended for
domestic market. It shall only apply to fishery products which
are unloaded from ship or
customs
declaration for release into free circulation is submitted to the
customs authorities in the Canary Islands.

aircraft before

the

Article 2

1.
By 31 May 2010, the competent Spanish authorities shall
submit a report to the Commission on the implementation of
the measures provided for in Article 1. The Commission shall
examine the impact of those measures and, on the basis of that
if necessary, any relevant
report, propose to the Council,
amendments to the quantities to be imported.

Article 3

1. Where the Commission has reason to believe that the
suspension provided for by this Regulation has led to a
deflection of trade for a specific product it may, in accordance
with the management procedure referred to in Article 4(2),
provisionally repeal
longer
the import duties on
than 12 months. The payment of
products for which the suspension has been provisionally
repealed shall be ensured by a security. The release of those
products for free circulation in the Canary Islands shall be
conditional upon the provision of such a security.

the suspension for a period not

2. Within the 12-month period referred to in paragraph 1
the Council may, on a proposal from the Commission, decide
to definitively repeal the suspension. In that case the amounts of
duties covered by securities shall be definitively collected.

3.
If no definitive decision has been adopted within the 12-
month period in accordance with paragraph 2, the securities
shall be released.

Article 4

The Commission shall be assisted by the Customs Code
1.
Committee
established by Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community
Customs Code (2) (hereinafter referred to as the Committee).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

Article 5

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

2.
By 31 May 2012, the competent Spanish authorities shall
submit a report to the Commission on the implementation,

It shall apply from 1 January 2007 until 31 December 2013.

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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Official Journal of the European Union

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 July 2008.

For the Council
The President

C. LAGARDE

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Official Journal of the European Union

9.7.2008

ANNEX

Order No

CN code

Description

Amount of quota
(in tons)

Quota duty
(%)

09.2997

0303

Fish, frozen, excluding fillets and other fish meat of
heading No 0304

15 000

0304

Fish fillets and other
minced), fresh, chilled or frozen

fish meat

(whether or not

09.2651

0306

0307

in shell or not,

Crustaceans, whether
fresh,
chilled, frozen, dried, salted or in brine; crustaceans,
in shell, cooked by steaming or by boiling in water,
frozen, dried, salted or in
whether or not chilled,
brine; flours, meals and pellets of crustaceans, fit for
human consumption

live,

15 000

than crustaceans and molluscs,

Molluscs, whether in shell or not, live, fresh, chilled,
frozen, dried, salted or in brine; aquatic invertebrates
fresh,
other
chilled,
flours,
meals and pellets of aquatic invertebrates other than
crustaceans, fit for human consumption

live,
in brine;

frozen, dried,

salted or

0

0