31 . 12 . 86No L 375 / 22 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4024 / 86
of 18 December 1986
opening tariff quotas for the importation into Spain for certain fishery products falling within
headings No 03.01 , 03.02 , 03.03 , 16.04 and 23.01 B of the Common Customs Tariff,
originating in the Canary Islands , or in Ceuta and Melilla ( 1987)
— 21 387 tonnes for products of heading No 03.03 ,
excluding subheadings 03.03 B I a ) and 03.03 B III ,
— 10 007 tonnes for products of heading No 16.04 and
— 27 483 tonnes for products of subheading 23.01 B ;
Whereas the other products are not imported ;
Whereas when the products are imported into that part of
Spain included in the Customs territory of the Community
they may not be deemed to be in free circulation , within the
meaning ofArticle 10 of the Treaty , if they are reconsigned to
another Member State ; whereas the tariff quotas in question
should therefore be opened for 1987 ,
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 No 2 annexed
thereto ,
Having regard to the proposal from the Commission ,
Whereas Article 3 of Protocol No 2 provides 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 duty-free entry into
that part of Spain which is included in the customs territory
of the Community within the limits of annual Community
tariff quotas ; whereas this tariff preference applies only to
products which have been imported over the years 1982 ,
1983 and 1984 ; whereas the quota amounts calculated on
the basis of Article 3 cited above amount to :
— 17 596 tonnes for the products of heading No 03.01
excluding 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 B I
o ) 1 ,
— 596 tonnes for products of heading No 03.02 ,
HAS ADOPTED THIS REGULATION:
Article 1
1 . From 1 January to 31 December 1987 , the applicable
Common Customs duties on the importations of the
following products into that part of Spain which is included
in the Customs territory of the Community shall be
suspended at the levels and within the limits of the
Community tariff quotas as shown herewith :
CCT
heading No Description
Quota
volume
( in tonnes )
Quota
duties
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 , originating in
the Canary Islands or in Ceuta and Melilla 17 596 free
03.02 Fish , dried , salted or in brine ; smoked fish , whether or not
cooked before or during the smoking process , originating in the
Canary Islands or in Ceuta and Melilla 596 free
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 sub
headings 03.03 B I a ) and 03.03 B III , originating in the Canary
Islands or in Ceuta and Melilla 21 387 free
16.04 Prepared or preserved fish , including caviar and caviar
substitutes , originating in the Canary Islands or in Ceuta and
Melilla 10 007 free
23.01 B Flours and meals of fish , crustaceans or molluscs ; originating in
the Canary Islands or in Ceuta and Melilla 27 483 free
Official Journal of the European Communities No L 375 / 2331 . 12 . 86
Crangon spp . ( 3 ), as last amended by Regulation (EEC) No
3118 / 85 ( 4 ).
2 . The products imported into that part ofSpain included
in the customs territory of the Community under the tariff
quotas may not be deemed to be in free circulation within the
meaning ofArticle 10 of the Treaty , if they are reconsigned to
another Member State . Article 2
1 . The Member State in question shall ensure that
importers of the products concerned have free access to the
tariff quotas referred to in Article 1 .
2 . The Member State in question shall charge imports of
the products concerned against the tariff quotas as and when
these products are entered for free circulation .
3 . The extent to which the tariff quotas have been used up
shall be determined on the basis of the imports charged in
accordance with paragraph 2 .
3 . The products referred to in this Article cannot qualify
under the tariff quotas unless , at the time of their
presentation to the authorities responsible for import
formalities in that part of Spain included in the customs
territory of the Community , in whatever form, they are
presentedin packings bearing the following information in a
clearly visible and perfectly legible form :
— the marking , 'Origin : Canary Islands' or 'Origin : Ceuta
and Melilla' or a translation thereof in another official
Community language printed in Latin characters of a
height of not less than 20 millimetres ,
— the net weight in kilograms of the fish contained in the
packings .
In addition , pre-packaged foodstuffs falling within heading
No 16.04 must carry , on each immediate packing, in an
easily visible , clearly legible and indelible form the marking
'Made in the Canaries' or 'Made in Ceuta and Melilla', or a
translation thereof in another official Community
language .
This paragraph shall apply without prejudice to the specific
rules laid down by Council Regulation (EEC ) No 103 / 76 of
19 January 1976 laying down common marketing standards
for certain fresh or chilled fish ( 1 ) as last amended by
Regulation (EEC ) No 3396 / 85 ( 2 ), and by Council
Regulation (EEC ) No 104 / 76 of 19 January 1976 laying
down common marketing standards for shrimps of the genus
Article 3
At the Commission's request , the Member State in question
shall inform it of imports actually charged against the tariff
quotas .
Article 4
The Member State in question and the Commission shall
cooperate closely to ensure that this Regulation is complied
with .
Article 5
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in the Member State in
question .
Done at Brussels , 18 December 1986 .
For the Council
The President
G. HOWE
0 ) 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 .
Full & Egal Universal Law Academy