31 . 12 . 86
No L 375 / 24 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4025 / 86
of 18 December 1986
opening, and providing for the administration of, Community tariff quotas for certain fishery
products falling within headings No 03.01 , 03.03 , 16.04 and subheading 23.01 B of the
Common Customs Tariff, originating in the Canary Islands ( 1987)
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 timetable and
under the same conditions as shose laid down by Article 173
of the Act of Accession and subject to compliance with the
reference prices ; whereas , however , when the products in
question are. imported into Portugal , the duties applicable
shall be calculated on the basis of the relevant provisions of
the Act of Accession ; whereas the tariff quotas in question
should , therefore , be opened for 1987 ;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to the
abovementioned quotas and uninterrupted application of the
rates laid down for these quotas to all imports of the products
concerned into all member States until the quotas have been
used up ; whereas , in the present case , it seems advisable not
to allocate this quota among the Member States , without
prejudice to the drawing, against the quota volume , of such
quantities as they may need , under the conditions and
according to the procedure specified in Article 2 ; whereas this
method of management requires close cooperation between
the Member States and the Commission and the latter must ,
in particular , be able to monitor the rate at which the quota is
used up and inform the Member States thereof;
Whereas , since the Kingdom of Belgium , the Kingdom of the
Netherlands and the Grand Duchy ofLuxembourg are united
within and jointly represented by the Benelux Economic
Union , any operation relating to the administration of the
quota shares allocated to that economic union may be carried
out by any of its members ,
HAS ADOPTED THIS REGULATION :
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 ofProtocol No 2 and Article 10 of Protocol
No 3 annexed to the Act of Accession provide that fishery
products falling within heading 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 tariff quotas on
importation into the customs territory of the Community ,
excluding Spain ; whereas this tariff preference is only
applicable to products which have been imported over the
years 1982 , 1983 and 1984 ; whereas there is no pattern of
trade in the said products originating in Ceuta and Melilla
and thus no need to open quotas for products originating in
those territories ; whereas for the products originating in the
Canary Islands the quota amounts calculated on the basis of
Article 3 referred to above amount to :
— 604 tonnes for the products of heading No 03.01
excluding 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 BI c) 1 and 03.01 B I
o ) 1 ,
— 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 the other products are not imported ;
Article 1
1 . From 1 January to 31 December 1987 the common
customs duties applicable on the importation of the
following products into the Community , with the exception
of Spain , shall be suspended at the levels laid down in
paragraph 2 and within the limits of the Community tariff
quotas as shown herewith :
Official Journal of the European Communities No L 375 / 2531 . 12 . 86
(in tonnes)
Order
No
CCT
heading No
Description
Quota
volume
09.0405 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 Bib ) 1,03.01 B I c ) 1 and 03.01 Bio) 1 , originating in
the Canary Islands 604
09.0407 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 sub
headings 03.03 B I a ) and 03.03 B III , originating in the
Canary Islands 3 429
09.0409 16.04 Prepared or preserved fish , including caviar and caviar sub
stitutes , originating in the Canary Islands 539
09.0411 23.01 B Flours and meals , fish , crustaceans or molluscs , originating in
the Canary Islands
...
227
( 2 ) Within the limits of the tariff quotas set out in
paragraph 1 , " the duties set out below for each of the headings
and subheadings shall be applicable :
Common Customs Tariff
heading and subheading No
Quota duty
%
03.03 B IV a ) 2 , 3 , 4 , 5 , 6
(cont. ) b ) 1 aa )
bb )
cc)
dd )
2
6,0
4,5
4,5
6,0
6,0
6,0
16.04 A
B I
II
C I
II
D
E
F
G I
II
23.01 B
22,5
4.1
5.2
11,2
15,0
20,4
18,0
18,7
11,2
15,0
1,5
he
Common Customs Tariff
■heading and subheading No
Quota duty
%
03.01 A I a ) 9,0
b ) 1,5
II 2,2
III 6,0
B I a ) 2 11,2
b 2 9,7
c ) 2 16,5
d ) 17,2
e ), f) 6,0
g) 1 6,0
g ) 2 free
h ) 9,0
ij ), k ), 1 ), m ), n ) 11,2
o ) 2 15,0
p ), q ), r ), s ), t ), u ), v ), w), "1
x), y ) J
11,2
II a ) 13,5
b ) 1 , 2 , 3 11,2
4 9,0
5 , 6 11,2
7 13,5
8,9,10,11,12,13,14 V
15 , 16 , 17 J
11,2
C 7,5
03.03 A I 9,3
II free
III a ) 6,0
b ), -c ) 11,2
IV a ) 9,0
b ),
V 9,0
B I b ) = 13,5
II 5,6
IV a ) 1 aa )- 4,5
bb ) 4,5
cc ) 6,0
dd ) 6,0
Within the limit of the tariff quotas , Portugal shall apply
customs duties calculated in accordance with the relevant
provisions of the Act of Accession .
3 . In order to benefit from the tariff quotas , the products
concerned must comply with the reference prices applicable
to them .
4 . The fishery products covered by this Article may not
receive the benefit of the tariff quotas unless , at the time of
their presentation , in whatever form, to the authorities
responsible for import formalities with a view to their release
for free circulation within the Community's customs
territory , they are presented in packings bearing the
following information in a clearly visible and perfectly legible
form :
— 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 20
millimetres ,
Official Journal of the European Communities 31 . 12 . 86No L 375 / 26
are made in such a way that imports may be charged without
interruption against their accumulated shares of the
Community quotas .
2 . Member States shall ensure that importers of the
products in question have free access to the quota as long as
the balance of the quota volumes so permits .
3 . Member States shall charge imports of the products in
question against their drawings as and when the products are
entered with the customs authorities for free circulation .
4 . The extent to which the quotas have been used up shall
be determined on the basis of the imports charged in
accordance with paragraph 3 .
— 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 a translation thereof in another
official Community language .
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 standards
for certain fresh of chilled fish ('), 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
Crangon spp . ( 3 ), as last amended by Regulation (EEC ) No
3118 / 85 ( 4 ).
Article 2
1 . If an importer notifies the imminent import of the
product in question into another Member State and requests
the benefit of the quotas the Member State concerned shall
inform the Commission and draw an amount corresponding
to these requirements to the extent that the available balance
of the quota so permits .
2 . The drawings made under paragraph 1 shall remain
valid until the end of the quota period .
Article 3
1 . Member States shall make all provisions necessary to
ensure that the drawings they have made under Article 2(1 )
Article 4
At the Commission's request , the Member States shall inform
it of imports of the products concerned actually charged
against the quotas .
Article 5
Member States and the Commission shall cooperate closely
to ensure that this Regulation is complied with .
Article 6
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 18 December 1986 .
For the Council
The President
M. JOPLING
C1 ) OJ No L 20 , 28 . 1 . 1976 , p , 29 .
( 2 ) OJ No L 322 , 3 . 12 . 1985 , p . 1 .
H OJ No L 20 , 28 . 1 . 1976 , p . 35 .
( 4 ) OJ No L 297 , 9 . 11 . 1985 , p . 3 .
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