CELEX: 31986R4025
Language: en
Date: 1986-12-18 00:00:00
Title: Council Regulation (EEC) No 4025/86 of 18 December 1986 opening, and providing for the administration of Community tariff quotas for certain fishery products falling within heading Nos 03.01, 03.03, 16.04 and subheading 23.01 B of the Common Customs Tariff, originating in the Canary Islands (1987)

31 . 12 . 86
No L 375 / 24                                Official Journal of the European Communities
                                            COUNCIL REGULATION (EEC ) No 4025 / 86
                                                          of 18 December 1986
                  opening, and providing for the administration of, Community tariff quotas for certain fishery
                  products falling within headings No 03.01 , 03.03 , 16.04 and subheading 23.01 B of the
                                 Common Customs Tariff, originating in the Canary Islands ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Whereas when the products are imported within the limits of
                                                                        these quotas they shall qualify for a progressive reduction of
                                                                        customs duties in accordance with the same timetable and
Having regard to the Treaty establishing the European                   under the same conditions as shose laid down by Article 173
Economic Community ,                                                    of the Act of Accession and subject to compliance with the
                                                                        reference prices; whereas, however, when the products in
Having regard to the Act of Accession of Spain and Portugal ,           question are. imported into Portugal , the duties applicable
and in particular Article 3 of Protocol No 2 annexed                    shall be calculated on the basis of the relevant provisions of
thereto ,                                                               the Act of Accession ; whereas the tariff quotas in question
                                                                        should , therefore , be opened for 1987 ;
Having regard to the proposal from the Commission ,                     Whereas it is in particular necessary to ensure for all­
                                                                        Community importers equal and uninterrupted access to the
                                                                        abovementioned quotas and uninterrupted application of the
Whereas Article 3 of Protocol No 2 and Article 10 of Protocol           rates laid down for these quotas to all imports of the products
No 3 annexed to the Act of Accession provide that fishery               concerned into all member States until the quotas have been
products falling within heading and subheadings 03.01 ,                  used up ; whereas , in the present case, it seems advisable not
03.02 , 03.03 , 05.15 A, 16.04 , 16.05 and 23.01 B of the               to allocate this quota among the Member States , without
Common Customs Tariff, originating in the Canary Islands                 prejudice to the drawing, against the quota volume, of such
or in Ceuta and Melilla , shall qualify for reduced duties               quantities as they may need , under the conditions and
within the limits of annual Community tariff quotas on                   according to the procedure specified in Article 2 ; whereas this
importation into the customs territory of the Community,                 method of management requires close cooperation between
excluding Spain; whereas this tariff preference is only                  the Member States and the Commission and the latter must ,
applicable to products which have been imported over the                 in particular , be able to monitor the rate at which the quota is
years 1982 , 1983 and 1984 ; whereas there is no pattern of              used up and inform the Member States thereof;
trade in the said products originating in Ceuta and Melilla
and thus no need to open quotas for products originating in              Whereas , since the Kingdom of Belgium , the Kingdom of the
those territories ; whereas for the products originating in the          Netherlands and the Grand Duchy of Luxembourg are united
Canary Islands the quota amounts calculated on the basis of              within and jointly represented by the Benelux Economic
Article 3 referred to above amount to :                                  Union , any operation relating to the administration of the
                                                                         quota shares allocated to that economic union may be carried
— 604 tonnes for the products of heading No 03.01                        out by any of its members ,
    excluding subheadings 03.01 A I c) and d ), 03.01 A IV ,
    03.01 B I a ) 1 , 03.01 B I b ) 1 , 03.01 BI c) 1 and 03.01 B I
    o) 1 ,                                                               HAS ADOPTED THIS REGULATION :
 — 3 429 tonnes for products of tariff heading 03.03
    excluding subheadings 03.03 B I a ) and 03.03 B III ,                                            Article 1
 — 539 tonnes for products of heading No 16.04 , and                      1.    From 1 January to 31 December 1987 the common
                                                                         customs duties applicable on the importation of the
 — 227 tonnes for products of subheading 23.01 B ;                       following products into the Community , with the exception
                                                                         of Spain , shall be suspended at the levels laid down in
                                                                         paragraph 2 and within the limits of the Community tariff
 Whereas the other products are not imported ;                            quotas as shown herewith :
 ---pagebreak---                                                                                                                                                    No L 375 / 25
31 . 12 . 86                                           Official Journal of the European Communities
                                                                                                                                         (in tonnes)
                          Order               CCT                                                                                       Quota
                                                                                         Description                                    volume
                            No             heading No
                        09.0405             ex 03.01       Fish, fresh ( live or dead) chilled or frozen , excluding products of
                                                           subheadings 03.01 Ale) and d ), 03.01 A IV , 03.01 B I a) 1 ,
                                                           03.01 Bib ) 1,03.01 B I c) 1 and 03.01 Bio) 1 , originating in
                                                           the Canary Islands                                                              604
                         09.0407            ex 03.03       Crustaceans and molluscs , whether in shell or not , fresh (live or
                                                           dead ), chilled, frozen , salted , in brine or dried; crustaceans, in
                                                           shell , simply boiled in water , excluding products of sub­
                                                           headings 03.03 B I a ) and 03.03 B III , originating in the
                                                           Canary Islands                                                                3 429
                         09.0409                16.04      Prepared or preserved fish , including caviar and caviar sub­
                                                           stitutes , originating in the Canary Islands                                    539
                         09.0411                23.01 B    Flours and meals , fish , crustaceans or molluscs , originating in
                                                           the Canary Islands                                                              227
                                                                                                        ...
 (2)     Within the limits of the tariff quotas set out in                                                     Common Customs Tariff                 Quota duty
 paragraph 1 ,"the duties set out below for each of the headings                                              heading and subheading No                  %
 and subheadings shall be applicable :
                                                                                            03.03 B IV a ) 2 , 3 , 4 , 5 , 6                             6,0
                                                                                            (cont. )            b ) 1 aa )                               4,5
                 Common Customs Tariff                            Quota duty
               he■heading and subheading No                             %                                             bb )                               4,5
                                                                                                                      cc)                                6,0
                                                                                                                      dd )                               6,0
 03.01 A I        a)                                                   9,0
                                                                                                                    2                                    6,0
                  b)                                                    1,5
            II                                                          2,2                 16.04 A                                                    22,5
            III                                                         6,0                          B I                                                 4.1
         B I      a) 2                                                11,2                                 II                                            5.2
                  b 2                                                   9,7                           C I                                              11,2
                  c) 2                                                16,5                                 II                                          15,0
                  d)                                                  17,2                            D                                                20,4
                  e ), f)                                               6,0                           E                                                 18,0
                  g) 1                                                  6,0                           F                                                18,7
                  g) 2                                                free                            G I                                               11,2
                  h)                                                    9,0                                 II                                          15,0
                  ij ), k ), 1 ), m ), n )                            11,2                   23.01 B                                                     1,5
                  o) 2                                                15,0
                  p ), q ), r), s ), t), u ), v ), w),  "1            11,2
                  x), y )                               J                                    Within the limit of the tariff quotas , Portugal shall apply
            II    a)                                                  13,5                   customs duties calculated in accordance with the relevant
                  b) 1 , 2, 3                                         11,2                   provisions of the Act of Accession .
                       4                                                9,0
                       5, 6                                           11,2
                                                                                             3.      In order to benefit from the tariff quotas , the products
                       7                                              13,5
                                                                                             concerned must comply with the reference prices applicable
                       8,9,10,11,12,13,14               V             11,2                   to them .
                       15 , 16 , 17                      J
          C                                                             7,5
  03.03 A I                                                             9,3                  4 . The fishery products covered by this Article may not
             II                                                        free                  receive the benefit of the tariff quotas unless, at the time of
             III   a)                                                   6,0                  their presentation , in whatever form, to the authorities
                   b ), -c)                                            11,2                  responsible for import formalities with a view to their release
             IV a )                                                     9,0                  for free circulation within the Community's customs
                   b ),<)                                              13,5                  territory , they are presented in packings bearing the
             V                                                          9,0                  following information in a clearly visible and perfectly legible
          B I      b) =                                                13,5                  form :
             II                                                          5,6
             IV    a ) 1 aa )-                                          4,5                  — the marking 'Origin: Canary Islands' or a translation
                           bb )                                          4,5                     thereof in another official Community language printed
                           cc )                                          6,0                     in Latin characters of a height of not less than 20
                           dd )                                          6,0                     millimetres ,
 ---pagebreak--- No L 375 / 26                                 Official Journal of the European Communities                                  31 . 12 . 86
— the net weight in kilograms of the fish contained in the               are made in such a way that imports may be charged without
      packings .                                                         interruption against their accumulated shares of the
                                                                         Community quotas .
In addition , pre-packaged foodstuffs falling within heading
No 16.04 must carry , on each immediate packing , in an                  2.    Member States shall ensure that importers of the
easily visible , clearly legible and indelible form the marking          products in question have free access to the quota as long as
'Made in the Canaries' or a translation thereof in another               the balance of the quota volumes so permits .
official Community language .
This paragraph shall apply without prejudice of the specific             3.     Member States shall charge imports of the products in
rules laid down by Council Regulation ( EEC ) No 103 / 76 of             question against their drawings as and when the products are
                                                                         entered with the customs authorities for free circulation .
 19 January 1976 laying down common marketing standards
for certain fresh of chilled fish ('), as last amended by
Regulation ( EEC ) No 3396 / 85 ( 2 ) and by Council                     4.     The extent to which the quotas have been used up shall
Regulation ( EEC ) No 104 / 76 of 19 January 1976 , laying               be determined on the basis of the imports charged in
down common marketing standards for shrimps of the genus                 accordance with paragraph 3 .
 Crangon spp . ( 3 ), as last amended by Regulation ( EEC ) No
3118 / 85 ( 4 ).
                                                                                                   Article 4
                                 Article 2
                                                                         At the Commission's request , the Member States shall inform
 1.      If an importer notifies the imminent import of the              it of imports of the products concerned actually charged
product in question into another Member State and requests                against the quotas .
the benefit of the quotas the Member State concerned shall
 inform the Commission and draw an amount corresponding
to these requirements to the extent that the available balance                                     Article 5
 of the quota so permits .
 2.      The drawings made under paragraph 1 shall remain                 Member States and the Commission shall cooperate closely
 valid until the end of the quota period .                                to ensure that this Regulation is complied with .
                                 Article 3
                                                                                                   Article 6
 1.      Member States shall make all provisions necessary to
 ensure that the drawings they have made under Article 2(1 )              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 , 18 December 1986 .
                                                                                                     For the Council
                                                                                                       The President
                                                                                                       M. JOPLING
 C1 ) OJ  No  L 20 , 28 . 1 . 1976 , p , 29 .
 (2)  OJ  No  L 322 , 3 . 12 . 1985 , p . 1 .
 H    OJ  No  L 20 , 28 . 1 . 1976 , p . 35 .
 (4 ) OJ  No  L 297 , 9 . 11 . 1985 , p . 3 .