CELEX: 31986R0445
Language: en
Date: 1986-02-24 00:00:00
Title: Council Regulation (EEC) No 445/86 of 24 February 1986 opening tariff quotas for the importation into Spain for certain fishery products falling within heading Nos 03.01, 03.03 and 16.04 and subheading 23.01 B of the Common Customs Tariff, originating in the Canary Islands (1986)

No L 50 / 26                                    Official Journal of the European Communities                                              28 . 2 . 86
                                                COUNCIL REGULATION ( EEC ) No 445 / 86
                                                               of 24 February 1986
                  opening tariff quotas for the importation into Spain for certain fishery products falling
                  within heading Nos 03.01 , 03.03 and 16.04 and subheading 23.01 B of the Common
                                        Customs Tariff, originating in the Canary Islands ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                             03.01 B I a ) 1 , 03.01 B I b ) 1 , 03.01 B I c) 1 and 03.01
                                                                                      B I o) 1 ,
                                                                                  — 21 003 tonnes for products of heading No 03.03 ,
Having regard to the Treaty establishing the European                                 excluding subheadings 03.03 B I a ) and 03.03 B III ,
Economic Community ,
                                                                                  — 9 359 tonnes for products of heading No 16.04 and
Having regard to the Act of Accession of Spain and
Portugal , and in particular Article 3 of Protocol No 2                           — 27 483 tonnes for products of subheading 23.01 B ;
annexed thereto (*),
                                                                                  Whereas the other products are not imported ;
Having regard to the proposal from the Commission ,
                                                                                  Whereas when the products are imported into that part of
Whereas Article 3 of Protocol No 2 provides that fishery                          Spain included in the Customs territory of the Community
products falling within headings and subheadings 03.01 ,                          they may not be deemed to be in free circulation , within the
03.02 , 03.03 , 05.15 A , 16.04 , 16.05 and 23.01 B of the                        meaning of Article 10 of the Treaty , if they are reconsigned
Common Customs Tariff, originating in the Canary Islands                          to another Member State ; whereas the tariff quotas in
or in Ceuta and Melilla , shall qualify for duty-free entry                       question should therefore be opened for the period until
into that part of Spain which is included in the customs                          31 December 1986 ,
territory of the Community within the limits of annual
Community tariff quotas ; whereas this tariff preference                          HAS ADOPTED THIS REGULATION :
applies only to products which have been imported over the
years 1982 , 1983 and 1984 ; whereas there is no pattern of                                                   Article 1
trade in the said products originating in Ceuta and Melilla
and thus no need to open quotas for products originating in
these territories ; whereas for the said products originating                     1 . For the period until 31 December 1986 , duty-free
in the Canary Islands the quota amounts calculated on the                         Community tariff quotas shall be opened for the
basis of Article 3 cited above amount to :                                        importation into that part of Spain which is included in the
                                                                                  Customs territory of the Community of the following
— 16 116 tonnes for the products of heading No 03.01 ,                            products originating in the Canary Islands , within the
     excluding subheadings 03.01 Ale) and d ), 03.01 A IV ,                       limits set out below :
                                                                                                                          (in tonnes)
                      Common
                       Customs
                                                                        Description                                  Quota volume
                        Tariff
                     heading No
                      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 B I b ) 1 , 03.01 B I c ) 1 and 03.01 B I o ) 1                            16 116
                      ex 03.03          Crustaceans or 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                                                    21 003
                        16.04           Prepared or preserved fish , including caviar and caviar
                                        substitutes                                                                       9 359
                        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 :                          27 483
 0 ) OJ No L 302 , 15 . 11 . 1985 , p . 400 .
 ---pagebreak--- 28 . 2 . 86                                Official Journal of the European Communities                               No L 50 / 27
2 . The products imported into that part of Spain included                                       Article 2
in the customs territory of the Community under the tariff
quotas may not be deemed to be in free circulation within              1 . The Member State in question shall ensure that
the meaning of Article 10 of the Treaty , if they are                 importers of the products concerned have free access to the
reconsigned to another Member State .                                 tariff quotas referred to in Article 1 .
3 . The products referred to in this Article cannot qualify           2 . The Member State in question shall charge imports of
under the tariff quotas unless , at the time of their                 the products concerned against the tariff quotas as and
presentation to the authorities responsible for import                when these products are entered for free circulation .
formalities in that part of Spain included in the customs
territory of the Community , in whatever form , they are              3 . The extent to which the tariff quotas have been used up
presented in packings bearing the following information in            shall be determined on the basis of the imports charged in
a clearly visible and perfectly legible form :                        accordance with paragraph 2 .
— the marking , 'Origin : Canary Islands' or a translation                                       Article 3
     thereof in another official Community language printed
     in Latin characters of a height of not less than                  At the Commission's request , the Member State in question
     20 millimetres ,                                                  shall inform it of imports actually charged against the tariff
— the net weight in kilograms of the fish contained in the             quotas .
     packings .
                                                                                                 Article 4
In addition , pre-packaged foodstuffs falling within heading
No 16.04 must carry , on each immediate packing , in an                The Member State in question and the Commission shall
easily visible, clearly legible and indelible form the                 cooperate closely to ensure that this Regulation is complied
marking 'Made in the Canaries' or a translation thereof in             with .
another official Community language .
This paragraph shall apply without prejudice to the specific                                     Article 5
rules laid down by Council Regulation ( EEC ) No 103 / 76
of 19 January 1976 laying down common marketing                       This Regulation shall enter into force on the day following
standards for certain fresh or chilled' fish (*) as last              its publication in the Official Journal of the European
amended by Regulation ( EEC) No 3396 / 85 ( 2 ), and by                Communities .
Council Regulation (EEC ) No 104 / 76 of 19 January 1976
laying down common marketing standards for shrimps of                 It shall apply from 1 January 1986 . However , Article 1(3 )
the genus Crangon spp . ( 3 ), as last amended by Regulation          second subparagraph shall only apply as from 1 July
( EEC ) No 3118 / 85 ( 4 ).                                           1986 .
                    This Regulation shall be binding in its entirety and directly applicable in the Member State
                    in question .
                    Done at Brussels , 24 February 1986 .
                                                                                            For the Council
                                                                                             The President
                                                                                               G. BRAKS
(>) OJ   No L 20 , 28 . 1 . 1976 , p. 29 .
(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 .