CELEX: 31986R0446
Language: en
Date: 1986-02-24 00:00:00
Title: Council Regulation (EEC) No 446/86 of 24 February 1986 opening, allocating 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 (1986)

No L 50 / 28                                Official Journal of the European Communities                                  28 . 2 . 86
                                           COUNCIL REGULATION ( EEC) No 446 / 86
                                                         of 24 February 1986
                 opening, allocating 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 ( 1986 )
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
Having regard to the Treaty establishing the European                  timetable and under the same conditions as those laid down
Economic Community ,                                                   by Article 173 of the Act of Accession , subject to
                                                                       compliance with the reference prices ; whereas , however ,
Having regard to the Act of Accession of Spain and                     when the products in question are imported into Portugal ,
Portugal , and in particular Article 3 of Protocol No 2                the duties applicable shall be calculated on the basis of the
annexed thereto ,                                                      relevant provisions of the Act of Accession ; whereas in
                                                                       accordance with the said provisions, the tariff measures
Having regard to the proposal from the Commission ,                    shall not have effect until 1 March 1986 ; whereas the tariff
                                                                       quotas in question should therefore be opened for the
Whereas Article 3 of Protocol No 2 and Article 10 of
                                                                       period from 1 March to 31 December 1986 ;
Protocol No 3 annexed to the Act of Accession ( J ) provide
that fishery products falling within headings and
subheadings 03.01 , 03.02 , 03.03 , 05.15 A , 16.04 , 16.05
and 23.01 B of the Common Customs Tariff, originating in
the Canary Islands or in Ceuta and Melilla , shall qualify
for reduced duties within the limits of annual Community               Whereas it is in particular necessary to ensure for all
tariff quotas on importation into the customs territory of             Community importers equal and uninterrupted access to
the Community , excluding Spain ; whereas this tariff                  the abovementioned quotas and uninterrupted application
preference is only applicable to products which have been              of the rates laid down for these quotas to all imports of the
imported over the years 1982 , 1983 and 1984 ; whereas                 products concerned into all Member States until the quotas
there is no pattern of trade in the said products originating          have been used up ; whereas , having regard to the principles
in Ceuta and Melilla and thus no need to open quotas for               mentioned above , the Community nature of the quotas can
products originating in those territories ; whereas for the            be respected by allocating the Community tariff quotas
products originating in the Canary Islands the quota                   among the Member States ; whereas , in order to reflect as
amounts calculated on the basis of Article 3 cited above               accurately as possible the true trend of the market in the
amount to :                                                            products in question , such allocation should be in
                                                                       proportion to the requirements of the Member States ,
— 604 tonnes for the products of heading No 03.01 ,                    calculated by reference to the statistics for imports of the
    excluding subheadings 03.01 Ale) and d ), 03.01 A                  products concerned originating in the Canary Islands over
    IV , 03.01 B I a ) 1 , 03.01 Bib ) 1 , 03.01 B I c ) 1 and         a representative reference period and also to the economic
    03.01 B I o ) 1 ,                                                  outlook for the quota period in question ;
— 3 429 tonnes for products of tariff heading 03.03 ,
    excluding subheadings 03.03 B I a ) and 03.03 B III ,
— 539 tonnes for products of heading No 16.04 , and
— 227 tonnes for products of subheading 23.01 B ;                      Whereas , during the last three years for which statistics are
                                                                       available, imports into each of the Member States were as
Whereas the other products are not imported ;                          follows ( in tonnes ):
H OJ No L 302 , 15 . 11 . 1985 , p . 400 and 410 .
 ---pagebreak---  28 . 2 . 86                                   Official Journal of the European Communities                                       No L 50 / 29
                                     Heading No 03.01            Heading No 03.03              Heading No 16.04          Subheading 23.01 B
                                        Fish , fresh          Crustaceans and molluscs     Prepared or preserved fish  Flours and meals of fish
           Member States
                                  1982     1983      1984     1982      1983       1984     1982     1983       1984  1982      1983      1984
 Benelux                           471         31                           6                           74       208
 Denmark                            —          —        —       —
                                                                     I               —        —         —          —     —         —       —
 Germany                            54         29        7      34          1        —
                                                                                             697        74         93    —         —       —
 Greece                             27           1      20     215       937        778       34        —
                                                                                                             l-!         —         —       —
 France                             32      332       297       25          2        12       —
                                                                                                        18               —         —       —
 Ireland                            —          —        —       —         _          —        —         —          —     —         —       —
 Italy                              99         12       16   1 934     3 510      2 641       —         —
                                                                                                                   72    —
                                                                                                                                 682       —
 United Kingdom                     —
                                               14       43      —         __          4       —
                                                                                                        21         —     —         —       —
 Portugal                          157         53      118      44        28        117       56      269          —     —        —        —
 Community                         840      472       501    2 252     4 484      3 552      787      456        373     —
                                                                                                                                 682       —
Whereas over the last three years only certain Member                         the initial and additional shares must be valid until the end
 States have effected regular imports of the products in                      of the quota period ; whereas this method of administration
 question , while there has been no importation whatsoever ,                  requires close cooperation between the Member States and
or only sporadic importation , into the other Member                          the Commission and the latter must be in a position to
States ; whereas in these circumstances it is advisable , as a                monitor the extent to which the quota amounts have been
first step , to allocate initial quota shares to those Member                 used up and to inform Member States thereof;
States which actually import the products concerned , while
guaranteeing the other Member States access to the tariff                     Whereas , if, at a given date in the quota period , a
quotas when imminent imports into these countries are                         substantial quantity remains unused in any Member State ,
recorded ; whereas this method of allocation ensures a                        it is essential that that Member State should return a
uniform application of the Common Customs Tariff;                             significant proportion to the corresponding reserve to
                                                                              prevent a part of any tariff quota from remaining unused in
Whereas , in order to take into account import trends for                     one Member State when it could be used in others ;
the products concerned in the various Member States , each
quota should be divided into two instalments , the first                      Whereas , since the Kingdom of Belgium , the Kingdom of
being shared among certain Member States and the second                       the Netherlands and the Grand Duchy of Luxembourg are
constituting a reserve to cover the subsequent requirements                   united within and jointly represented by the Benelux
of these Member States where they have used up their                          Economic Union , any operation relating to the
initial shares and any additional requirements which might                    administration of the quota shares allocated to that
arise in the other Member States ; whereas , in order to give                 economic union may be carried out by any of its
importers in each Member State a certain degree of                            members ,
security , the first instalment of the Community quotas
should , under the circumstances , be fixed at 80 %
respectively of the quota volumes ;                                          HAS ADOPTED THIS REGULATION :
Whereas , the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into                                             Article 1
account and avoid any break in continuity , any Member
State which has almost used up its initial quota shares                       1 . During the period form 1 March until 31 December
should draw an additional share from the corresponding                        1986 Community tariff quotas shall be opened in the
reserve ; whereas this must be done by each Member State                      Community excluding Spain for the following products ,
as and when each of its additional shares is almost used up ,                originating in the Canary Islands , within the limits set
and repeated as many times as the reserve allows ; whereas                   out below :
 ---pagebreak--- No L 50 / 30                                         Official Journal of the European Communities                                              28 . 2 . 86
                                                                                                                                (in tonnes)
                           Common
                           Customs
                             Tariff
                                                                             Description                                    Quota volume
                         heading No
                          ex 03.01           Fish , fresh ( live or dead ) chilled or frozen , excluding products of
                                             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 B I c) 1 and 03.01 B I c ) 1                                 604
                          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 subheadings
                                             03.03 B I a ) and 03.03 B III                                                     3 429
                              16.04          Prepared or preserved fish , including caviar and caviar
                                             substitutes                                                                          539
                              23.01          Flours and meals , of meat , offals , fish , crustaceans or molluscs ,
                                             unfit for human consumption ; greaves ;
                                             B. Flours and meals of fish , crustaceans or molluscs :                              227
2 . Within the limits of the tariff quotas , the duties set out                                       Common Customs Tariff                 Quota duty
below for each of the headings and subheadings shall be                                              heading and subheading No                  %
applicable :
                                                                                       03.03 B I b )                                          15,7
             Common Customs Tariff                              Quota duty             (cont. ) II                                              6,5
            heading and subheading No                               %                             IV a ) 1 aa )                                 5,2
                                                                                                             bb )                               5,2
                                                                                                             cc )                               7,0
03.01 A I     a)                                                   10,5                                      dd )                               7,0
              b)                                                    1,7                                    2, 3, 4, 5, 6                        7,0
         II                                                         2,6                                b ) 1 aa )                               5,2
         III                                                        7,0                                      bb )                               5,2
       B I    a) 2                                                 13,1                                      cc )                               7,0
              b) 2                                                 11,3                                      dd )                               7,0
              c) 2                                                 19,2                                    2                                    7,0
              d)                                                  20,1
              e ), f)                                               7,0                16.04 A                                                26,2
              g) 1                                                  7,0                        B I                                              4,8
              g)2                                                  free                           II                                            6,1
              h)                                                   10,5                        C I                                            13,1
              ij ), k ), 1 ), m ), n )                             13,1                           II                                          17,5
              o) 2                                                 17,5                        D                                              22,7
              p ), q ), r), s), t), u ), v ), w ),                                             E                                              21,0
                                                                   13,1                        F                                              21,8
              x ), y )
         II   a)                                                   15,7                        G I                                            13,1
              b) 1 , 2 , 3                                         13,1                           II                                          17,5
                   4                                               10,5
                                                                                       23.01 B                                                  1,7
                   5, 6                                            13,1
                   7                                               15,7
                   8 , 9 , 10 , 11 , 12 , 13 ,                     13,1
                   14 , 15 , 16 , 17
       C                                                            8,7                Within the limit of the tariff quotas , Portugal shall apply
                                                                                       customs duties calculated in accordance with the relevant
03.03 A I                                                          10,9
         II                                                        free                provisions of the Act of Accession .
         III a )                                                    7,0
              b ), c )                                             13,1
         IV a )                                                    10,5
              b ), c )                                             15,7                 3 . In order to benefit from the tariff quotas , the products
         V                                                         10,5                 concerned must comply with the reference prices applicable
                                                                                        to them .
 ---pagebreak--- 28 . 2 . 86                                  Official Journal of the European Communities                                  No L 50 / 31
4 . The fishery products covered by this article may not                ( c) for the products of heading No 16.04 :
receive the benefit of the tariff quotas unless , at the time of              Benelux :                                      80 tonnes ,
their presentation , in whatever form , to the authorities                    Germany :                                     240 tonnes ,
responsible for import formalities with a view to their                       Italy :                                        20 tonnes ,
 release for free circulation within the Community's customs                  Portugal :                                     90 tonnes ;
 territory , they are presented in packings bearing the
 following information in a clearly visible and perfectly
legible form :                                                          ( d ) for the products of subheading 23.01 B :
                                                                              Italy :                                       180 tonnes .
— the marking 'Origin : Canary Islands' or a translation
      thereof in another official Community language printed
      in Latin characters of a height of not less than                  3 . The second part of each tariff quota , respectively
      20 millimetres ,
                                                                        — 124 tonnes for the products of heading ex 03.01 ,
— the net weight in kilograms of the fish contained in the
      packings .
                                                                        — 679 tonnes for the products of heading ex 03.03 , and
In addition , pre-packaged foodstuffs falling within heading
No 16.04 must carry , on each immediate packing , in an                 — 109 tonnes for the products of heading No 16.04 , and
easily visible, clearly legible and indelible form the marking
'Made in the Canaries', or a translation thereof in another             — 47 tonnes for the products of subheading 23.01 B ,
official language of the Community .
                                                                        shall constitute the corresponding Community reserve .
This paragraph shall apply without prejudice of the specific
rules laid down by Council Regulation ( EEC ) No 103 / 76
of 19 January 1976 laying down common marketing                         4 . If an importer notifies the imminent import of the
standards for certain fresh or chilled fish ( 1 ), as last              product in question into the other Member States and
amended by Regulation (EEC) No 3396 / 85 ( 2 ) and by                   requests the benefit of the quota , the Member State
Council Regulation ( EEC ) No 104 / 76 of 19 January 1976 ,             concerned shall inform the Commission and draw an
laying down common marketing standards for shrimps of                   amount corresponding to these requirements to the extent
the genus Crangon spp . ( 3 ), as last amended by Regulation            that the available balance of the reserve so permits .
( EEC ) No 3118 / 85 ( 4 ).
                                 Article 2                                                          Article 3
1 . The tariff quotas referred to in Article 1 shall be divided         1.    If 90 % or more of a Member State's initial share as
into two parts .                                                        specified in Article 2 ( 2 ), or 90 % of that share minus the
                                                                        portion returned to the corresponding reserve where
2 . The first part of each tariff quota shall be allocated              Article 5 has been applied , has been used up , then , to the
among certain Member States ; the quota shares which ,                  extent permitted by the amount of the reserve , that
subject to Article 5 , shall be valid until 31 December 1986            Member State shall forthwith , by notifying the
shall be as follows :                                                   Commission , draw a second share equal to 10 % of its
                                                                        initial share , rounded up where necessary to the next
                                                                        unit .
( a ) for the products of heading ex 03.01 :
      Benelux :                                        137 tonnes ,
      Germany :                                         25 tonnes ,     2 . If, after one of its initial shares has been used up , 90 %
      France :                                         180 tonnes ,     or more of the second share drawn by a Member State has
      Italy :                                           34 tonnes ,     been used up , then that Member State shall , in accordance
      Portugal :                                        89 tonnes ,     with the conditions laid down in paragraph 1 , draw a third
      United Kingdom :                                  15 tonnes ;     share equal to 5 % of its initial share , rounded up where
                                                                        necessary to the next unit .
( b ) for the products of heading ex 03.03 :
      Greece :                                        520 tonnes ,
      Italy :                                       2 230 tonnes ;      3 . If after one of its second shares has been used up , 90 %
                                                                        or more of the third share drawn by a Member State has
                                                                        been used up , that Member State shall , in accordance with
                                                                        the conditions laid down in paragraph 1 , draw a fourth
(>)   OJ No   L 20 , 28 . 1 . 1976 , p. 29 .                            share equal to the third .
(2)   OJ No   L 322 , 3 . 12 . 1985 , p. 1 .
(3)   OJ No   L 20 , 28 . 1 . 1976 , p. 35 .
(4)   OJ No   L 297 , 9 . 11 . 1985 , p. 3 .                            This process shall continue until the reserve is used up .
 ---pagebreak--- No L 50 / 32                                Official Journal of the European Communities                                    28 . 2 . 86
4 . By way of derogation from paragraphs 1 , 2 and 3 , a               notify the amount of that balance to the Member State
Member State may draw shares smaller than those fixed in               making the last drawing.
those paragraphs if there is reason to believe that they
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .                                                             Article 7
                                                                       1 . The Member States shall take all measures necessary to
                            Article 4
                                                                       ensure that additional shares drawn pursuant to Article 3
                                                                       are opened in such a way that imports may be charged
                                                                       without interruption against their accumulated shares of
The additional shares drawn pursuant to Article 3 shall be             the tariff quota .
valid until 31 December 1986 .
                                                                       2 . The Member States shall ensure that importers of the
                                                                       products in question have free access to the shares allocated
                            Article 5                                  to them .
The Member States shall return to the reserve , not later              3 . Member States shall charge imports of the products in
than 1 October 1986 , such unused portion of their initial             question against their shares as and when the products are
share as , on 15 September 1986 , is in excess of 20 % of the          entered with the customs authorities for free circulation .
initial volume . They may return a larger quantity if there
are grounds for believing that this quantity may not be                4 . The extent to which a Member State has used up its
used .                                                                 share shall be determined on the basis of the imports
                                                                       charged in accordance with paragraph 3 .
The Member States shall notify the Commission , not later
than 1 October 1986 of the total quantities of the products
                                                                                                  Article 8
in question imported up to 15 September 1986 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .                                       At the Commission's request, the Member States shall
                                                                       inform it of imports of the products concerned actually
                                                                       charged against their shares .
                            Article 6
                                                                                                  Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3               The Member States and the Commission shall cooperate
and , as soon as it is notified , shall inform each State of the       closely to ensure that this Regulation is complied with .
extent to which the reserves have been used up .
It shall inform the Member States , not later than 5 October                                     Article 10
1986 of the amount in each reserve after quantities have
been returned thereto pursuant to Article 5 .                          This Regulation shall enter into force on 1 March 1986 .
It shall ensure that the drawing which exhausts any reserve            However , Article 1 (4 ), last subparagraph , shall only apply
does not exceed the balance available and , to this end , shall        from 1 July 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 24 February 1986 .
                                                                                           For the Council
                                                                                            The President
                                                                                               G. BRAKS