31986R0445

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 — 27 483 tonnes for products of subheading 23.01 B ; Portugal , and in particular Article 3 of Protocol No 2 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 1 . For the period until 31 December 1986 , duty-free these territories ; whereas for the said products originating Community tariff quotas shall be opened for the in the Canary Islands the quota amounts calculated on 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 .

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 quotas . — the net weight in kilograms of the fish contained in the 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 .

Article 5 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 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 1986 . ( EEC ) No 3118 / 85 ( 4 ).

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 .