COUNCIL REGULATION (EEC) No 491/86  of 25 February 1986  laying down  detailed rules concerning quantitative restrictions on imports into Spain of certain agricultural  products from third countries
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 89 (1) thereof,  Having regard to the  proposal from the Commission,  Whereas Article 77 of the Act of Accession provides that the Kingdom  of Spain may maintain, until 31 December 1995, quantitative restrictions on imports of certain  products from third countries; whereas the Council must lay down detailed rules for the application  of such quantitative restrictions;  Whereas either the average of imports into Spain or a  percentage of Spanish production should be used as a criterion for fixing the quantitative  restrictions; whereas, if neither of these criteria seems satisfactory, account should be taken of  the requirements of the Spanish market and the need to contribute, in the common interest, to the  harmonious development of world trade;  Whereas the Kingdom of Spain may apply quantitative  restrictions to the import from third countries of products subject to the supplementary mechanism  applicable to imports from the Community as constituted on 31 December 1985;  Whereas the  quantitative restrictions must not have the effect that Community products are treated less  favourably than products from third countries;  Whereas this Regulation applies to all third  countries, without prejudice to the protocols to be concluded with the preferential third countries  in accordance with Article 179 of the Act or to the transitional measures referred to in Article  180 thereof; whereas it should nevertheless be specified that the quantitative restrictions fixed  in implementation of these Articles will be included in those valid for the third countries as a  whole in implementation of this Regulation,
1.    The quantitative restrictions on imports into Spain from third countries of the products  referred to in Article 77 of the Act of Accession shall consist in annual quotas made available  without discrimination between economic operators.  2    The initial quota for 1986 for each  product or group of products, expressed in terms of volume, shall be fixed: (a)  either at the  average of Spanish imports over the three years preceding accession for which statistics are  available; the products concerned are listed in Annex I; or (b)at a percentage of average annual  Spanish production over the three years preceding accession for which statistics are available; the  percentage for each product or group of products is given in Annex II; or (c)on the basis of the  requirements of the Spanish market without however preventing the harmonious development of world  trade; the products concerned are listed in Annex III. 3.    The minimum rate of increase in the  quotas shall be fixed in accordance with the procedure laid down in Article 3 (1). The minimum rate  of increase may be varied, in particular from one product to another. The minimum rate of increase  shall be fixed taking account, in particular, of:  -  the patterns of trade,  -the state of  bilateral or multilateral negotiations.  4.    From 1 March to 31 December 1986 the quota  applicable shall be the same as the initial quota minus one-sixth thereof.  5.    With regard to  the preferential countries, where the protocols referred to in Article 179 of the Act of Accession  or, failing these, the autonomous measures adopted pursuant to Article 180 of the said Act provide  for quantitative restrictions, the quantities resulting from the application of the abovementioned  provisions shall be determined before the quantities are fixed for the other third countries,  within the framework established in accordance with paragraph 2.
The quota fixed for a  product or group of products from third countries may not exceed the quantity of that product or  group of products which may be imported from the Community as constituted on 31 December 1985,  subject to the provisions of Article 84 of the Act of Accession.
1.    Detailed rules  for the application of this Regulation shall be adopted in accordance with the procedure laid down  in Article 26 of Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organ         ization of the market in cereals  (1), as last amended by Regulation (EEC) No 3768/85  (2), or, as  appropriate, in the corresponding Articles of the other Regulations on the common organization of  agricultural markets.  The detailed rules of application relating to: -  meat of domestic rabbits  falling within subheading ex 02.04 A of the Common Customs Tariff shall be adopted in accordance  with the procedure laid down in Article 17 of Council Regulation (EEC) No 2777/75 of 29 October  1975 on the common organization of the market in poultrymeat  (3), as last amended by Regulation  (EEC) No 3768/85, the Management Committee set up by this Regulation being competent, -certified  seed potatoes of the lower qualities falling within subheading ex 07.01  A  I of the Common Customs  Tariff shall be adopted, where appropriate, in accordance with the procedure laid down in Article  11 of Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organization of the  market in seeds  (4), as last amended by Regulation (EEC) No 3768/85, the Management Committee set  up by this Regulation being competent. 2.    The detailed rules referred to in paragraph 1 shall  specify: (a)  the initial quota fixed for each product; (b)the communications to be sent by the  Kingdom of Spain to the Commission. 3.    The detailed rules referred to in paragraph 1 may provide  for the staggering of imports over the year.
This Regulation shall enter into force on  1 March 1986.
This Regulation shall be binding in its entirety and directly  applicable in all Member States.