Council Regulation (EEC) No 3735/90 of 14 December 1990 opening and providing for the administration of Community tariff quotas for certain fisheries products originating in the Canary Islands (1991)

COUNCIL REGULATION (EEC) N° 3735/90
of 14 December 1990
opening and  providing for the administration of Community tariff quotas for certain fisheries products  originating in the Canary Islands (1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 3 of  Protocol 2 thereto,
Having regard to the proposal from the Commission,
Whereas Article 3 of Protocol 2 and Article 10 of Protocol 3 to the Act of Accession provide that,  within the limits of annual Community tariff quotas, fisheries products listed in the Annex and  originating in the Canary Islands or Ceuta and Melilla are to qualify for reductions in duties when  imported into the customs territory of the Community with the exception of Spain; whereas this  tariff preference applies only to products which have been imported during 1982, 1983 or 1984;  whereas there is no trade in the said products originating in Ceuta and Melilla and thus no need to  open quotas for these products originating in those territories; whereas, calculated on the basis  of the abovementioned Article 3, the quota volumes for these products originating in the Canary  Islands are as follows:
- 604 tonnes of certain products falling within CN codes
ex 0301, ex 0302, ex 0303 or ex 0304,
- 3 429 tonnes of certain products falling within CN codes ex 0306 or ex 0307,
- 539 tonnes of certain products falling within CN codes 1604 11 00 to 1604 30 90, and
- 227 tonnes  of products falling within CN code 2301 20 00;
Whereas there are no imports of the other products;
Whereas the products imported under these quotas are to qualify for the progressive reduction in  customs duties according to the same timetable and under the same conditions as provided for in  Article 173 of the Act of Accession, provided the reference prices are observed; whereas by virtue  of Regulation (EEC) N° 3482/88 (1), the customs duty applicable to the import into the Community of  Ten, of prepared or preserved sardines of the species Sardina pilchardus, coming from Spain, shall  be subject to a flat-rate reduction of five points; whereas however, where the products concerned  are imported into Portugal, the duties applicable are to be calculated in accordance with the  relevant provisions of the Act of Accession;
Whereas, by Regulations (EEC) N° 839/88 (2) and (EEC) N° 1673/89 (3), collection of customs duties  applicable in the Community of Ten pursuant to the Act of Accession of Spain and Portugal to  fishery products, imported from Spain and Portugal, shall be totally suspended;
Whereas, however, by virtue of the provisions of Regulation (EEC) N° 1673/89, this tariff  suspension is not applicable to certain fishery products listed in the Annex to that Regulation;
Whereas it is possible that for certain products indicated in the Annex to this Regulation the  Community adopts a more favourable tariff regime to that currently applicable, in the framework of  tariff quotas or tariff suspensions; whereas it is appropriate, in the context, to grant to  products originating in the Canary Islands treatment as favourable as that given to the same  products from that part of Spain included in the customs territory of the Community, as is provided  for in Article 3 of Protocol 2 of the Act of Accession;
Whereas equal and continuous access to the said quotas should be ensured for all Community  importers and the rates laid down for the quotas should be applied consistently to all imports of  the products in question into all Member States until the quotas are exhausted;
Whereas the necessary measures should be taken to ensure that these tariff quotas are administered  efficiently and on a Community basis, so that Member States have the option of drawing the  necessary quantities corresponding to actual imports recorded, from the quota volume; whereas this  method of administration calls for close cooperation between the Member States and the Commission;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of  Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation  concerning the administration of the quotas may be carried out by any one of its members,