31986R0446

No L 50 / 28 Official Journal of the European Communities 28 . 2 . 86

COUNCIL REGULATION ( EEC ) No 446 / 86

of 24 February 1986

opening, allocating and providing for the administration of Community tariff quotas for certain fishery products falling within heading Nos 03.01 , 03.03 , 16.04 and subheading 23.01 B of the Common Customs Tariff, originating in the Canary Islands ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 Having regard to the Treaty establishing the European timetable and under the same conditions as those laid down Economic Community , by Article 173 of the Act of Accession , subject to compliance with the reference prices ; whereas , however , Having regard to the Act of Accession of Spain and when the products in question are imported into Portugal , Portugal , and in particular Article 3 of Protocol No 2 the duties applicable shall be calculated on the basis of the annexed thereto , relevant provisions of the Act of Accession ; whereas in accordance with the said provisions, the tariff measures Having regard to the proposal from the Commission , shall not have effect until 1 March 1986 ; whereas the tariff quotas in question should therefore be opened for the Whereas Article 3 of Protocol No 2 and Article 10 of period from 1 March to 31 December 1986 ; Protocol No 3 annexed to the Act of Accession ( J ) provide 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 reduced duties within the limits of annual Community Whereas it is in particular necessary to ensure for all tariff quotas on importation into the customs territory of Community importers equal and uninterrupted access to the Community , excluding Spain ; whereas this tariff the abovementioned quotas and uninterrupted application preference is only applicable to products which have been of the rates laid down for these quotas to all imports of the imported over the years 1982 , 1983 and 1984 ; whereas products concerned into all Member States until the quotas there is no pattern of trade in the said products originating have been used up ; whereas , having regard to the principles in Ceuta and Melilla and thus no need to open quotas for mentioned above , the Community nature of the quotas can products originating in those territories ; whereas for the be respected by allocating the Community tariff quotas products originating in the Canary Islands the quota among the Member States ; whereas , in order to reflect as amounts calculated on the basis of Article 3 cited above accurately as possible the true trend of the market in the amount to : products in question , such allocation should be in proportion to the requirements of the Member States , — 604 tonnes for the products of heading No 03.01 , calculated by reference to the statistics for imports of the excluding subheadings 03.01 Ale) and d ), 03.01 A products concerned originating in the Canary Islands over IV , 03.01 B I a ) 1 , 03.01 Bib ) 1 , 03.01 B I c ) 1 and a representative reference period and also to the economic 03.01 B I o ) 1 , outlook for the quota period in question ; — 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 , during the last three years for which statistics are available, imports into each of the Member States were as Whereas the other products are not imported ; follows ( in tonnes ):

H OJ No L 302 , 15 . 11 . 1985 , p . 400 and 410 .

28 . 2 . 86 Official Journal of the European Communities No L 50 / 29

Heading No 03.01 Heading No 03.03 Heading No 16.04 Subheading 23.01 B Fish , fresh Crustaceans and molluscs Prepared or preserved fish Flours and meals of fish Member States 1982 1983 1984 1982 1983 1984 1982 1983 1984 1982 1983 1984

Benelux 471 31 6 74 208 Denmark — — — — — — — — — — — I 54 29 7 34 1 — 697 74 93 — — — Germany Greece 27 1 20 215 937 778 34 — — — — l-! France 32 332 297 25 2 12 — 18 — — — Ireland — — — — _ — — — — — — — 99 12 16 1 934 3 510 2 641 — — 72 — 682 — Italy — 14 43 — __ 4 — 21 — — — — United Kingdom 157 53 118 44 28 117 56 269 — — — — Portugal

840 472 501 2 252 4 484 3 552 787 456 373 — 682 — Community

Whereas over the last three years only certain Member the initial and additional shares must be valid until the end States have effected regular imports of the products in of the quota period ; whereas this method of administration question , while there has been no importation whatsoever , requires close cooperation between the Member States and or only sporadic importation , into the other Member the Commission and the latter must be in a position to States ; whereas in these circumstances it is advisable , as a monitor the extent to which the quota amounts have been first step , to allocate initial quota shares to those Member used up and to inform Member States thereof; States which actually import the products concerned , while guaranteeing the other Member States access to the tariff Whereas , if, at a given date in the quota period , a quotas when imminent imports into these countries are substantial quantity remains unused in any Member State , recorded ; whereas this method of allocation ensures a it is essential that that Member State should return a uniform application of the Common Customs Tariff; significant proportion to the corresponding reserve to prevent a part of any tariff quota from remaining unused in Whereas , in order to take into account import trends for one Member State when it could be used in others ; the products concerned in the various Member States , each quota should be divided into two instalments , the first Whereas , since the Kingdom of Belgium , the Kingdom of being shared among certain Member States and the second the Netherlands and the Grand Duchy of Luxembourg are constituting a reserve to cover the subsequent requirements united within and jointly represented by the Benelux of these Member States where they have used up their Economic Union , any operation relating to the initial shares and any additional requirements which might administration of the quota shares allocated to that arise in the other Member States ; whereas , in order to give economic union may be carried out by any of its importers in each Member State a certain degree of members , security , the first instalment of the Community quotas should , under the circumstances , be fixed at 80 % respectively of the quota volumes ; HAS ADOPTED THIS REGULATION :

Whereas , the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into Article 1 account and avoid any break in continuity , any Member State which has almost used up its initial quota shares 1 . During the period form 1 March until 31 December should draw an additional share from the corresponding 1986 Community tariff quotas shall be opened in the reserve ; whereas this must be done by each Member State Community excluding Spain for the following products , as and when each of its additional shares is almost used up , originating in the Canary Islands , within the limits set and repeated as many times as the reserve allows ; whereas out below :

No L 50 / 30 Official Journal of the European Communities 28 . 2 . 86

(in tonnes) Common Customs Tariff Description Quota volume heading No

ex 03.01 Fish , fresh ( live or dead ) chilled or frozen , excluding products of 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 B I c) 1 and 03.01 B I c ) 1 604

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 subheadings 03.03 B I a ) and 03.03 B III 3 429

16.04 Prepared or preserved fish , including caviar and caviar substitutes 539

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 : 227

2 . Within the limits of the tariff quotas , the duties set out Common Customs Tariff Quota duty below for each of the headings and subheadings shall be heading and subheading No % applicable :

03.03 B I b ) 15,7 Common Customs Tariff Quota duty (cont. ) II 6,5 heading and subheading No % IV a ) 1 aa ) 5,2 bb ) 5,2 cc ) 7,0 03.01 A I a ) 10,5 dd ) 7,0 b ) 1,7 2 , 3 , 4 , 5 , 6 7,0 II 2,6 b ) 1 aa ) 5,2 III 7,0 bb ) 5,2 B I a ) 2 13,1 cc ) 7,0 b ) 2 11,3 dd ) 7,0 c) 2 19,2 2 7,0 d ) 20,1 e ), f) 7,0 16.04 A 26,2 B I 4,8 g) 1 7,0 free II 6,1 g)2 10,5 C I 13,1 h ) 13,1 II 17,5 ij ), k ), 1 ), m ), n ) 17,5 D 22,7 o ) 2 E 21,0 p ), q ), r ), s ), t ), u ), v ), w ), 13,1 F 21,8 x ), y ) G I 13,1 II a ) 15,7 b ) 1 , 2 , 3 13,1 II 17,5 4 10,5 23.01 B 1,7 5 , 6 13,1 7 15,7 8 , 9 , 10 , 11 , 12 , 13 , 13,1 14 , 15 , 16 , 17 C 8,7 Within the limit of the tariff quotas , Portugal shall apply customs duties calculated in accordance with the relevant 03.03 A I 10,9 II free provisions of the Act of Accession . III a ) 7,0 b ), c ) 13,1 IV a ) 10,5 b ), c ) 15,7 3 . In order to benefit from the tariff quotas , the products V 10,5 concerned must comply with the reference prices applicable to them .

28 . 2 . 86 Official Journal of the European Communities No L 50 / 31

4 . The fishery products covered by this article may not ( c) for the products of heading No 16.04 : receive the benefit of the tariff quotas unless , at the time of Benelux : 80 tonnes , their presentation , in whatever form , to the authorities Germany : 240 tonnes , responsible for import formalities with a view to their Italy : 20 tonnes , release for free circulation within the Community's customs Portugal : 90 tonnes ; territory , they are presented in packings bearing the following information in a clearly visible and perfectly ( d ) for the products of subheading 23.01 B : legible form : Italy : 180 tonnes . — the marking 'Origin : Canary Islands' or a translation thereof in another official Community language printed 3 . The second part of each tariff quota , respectively in Latin characters of a height of not less than 20 millimetres , — 124 tonnes for the products of heading ex 03.01 , — the net weight in kilograms of the fish contained in the packings . — 679 tonnes for the products of heading ex 03.03 , and

In addition , pre-packaged foodstuffs falling within heading — 109 tonnes for the products of heading No 16.04 , and 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 — 47 tonnes for the products of subheading 23.01 B , official language of the Community . shall constitute the corresponding Community reserve . 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 4 . If an importer notifies the imminent import of the standards for certain fresh or chilled fish ( 1 ), as last product in question into the other Member States and amended by Regulation (EEC) No 3396 / 85 ( 2 ) and by requests the benefit of the quota , the Member State concerned shall inform the Commission and draw an Council Regulation ( EEC ) No 104 / 76 of 19 January 1976 , laying down common marketing standards for shrimps of amount corresponding to these requirements to the extent the genus Crangon spp . ( 3 ), as last amended by Regulation that the available balance of the reserve so permits . ( EEC ) No 3118 / 85 ( 4 ).

Article2¶

1 . The tariff quotas referred to in Article 1 shall be divided 1 . If 90 % or more of a Member State's initial share as into two parts . specified in Article 2 ( 2 ), or 90 % of that share minus the portion returned to the corresponding reserve where 2 . The first part of each tariff quota shall be allocated Article 5 has been applied , has been used up , then , to the among certain Member States ; the quota shares which , extent permitted by the amount of the reserve , that subject to Article 5 , shall be valid until 31 December 1986 Member State shall forthwith , by notifying the shall be as follows : Commission , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next unit . ( a ) for the products of heading ex 03.01 : Benelux : 137 tonnes , Germany : 25 tonnes , 2 . If, after one of its initial shares has been used up , 90 % France : 180 tonnes , or more of the second share drawn by a Member State has Italy : 34 tonnes , been used up , then that Member State shall , in accordance Portugal : 89 tonnes , with the conditions laid down in paragraph 1 , draw a third United Kingdom : 15 tonnes ; share equal to 5 % of its initial share , rounded up where necessary to the next unit . ( b ) for the products of heading ex 03.03 : Greece : 520 tonnes , Italy : 2 230 tonnes ; 3 . If after one of its second shares has been used up , 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth (>) OJ No L 20 , 28 . 1 . 1976 , p. 29 . share equal to the third . ( 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 . This process shall continue until the reserve is used up .

No L 50 / 32 Official Journal of the European Communities 28 . 2 . 86

4 . By way of derogation from paragraphs 1 , 2 and 3 , a notify the amount of that balance to the Member State Member State may draw shares smaller than those fixed in making the last drawing . those paragraphs if there is reason to believe that they might not be used up . It shall inform the Commission of its reasons for applying this paragraph . Article 7

1 . The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 Article 4 are opened in such a way that imports may be charged without interruption against their accumulated shares of The additional shares drawn pursuant to Article 3 shall be the tariff quota . valid until 31 December 1986 . 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated Article 5 to them .

The Member States shall return to the reserve , not later 3 . Member States shall charge imports of the products in than 1 October 1986 , such unused portion of their initial question against their shares as and when the products are share as , on 15 September 1986 , is in excess of 20 % of the entered with the customs authorities for free circulation . initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be 4 . The extent to which a Member State has used up its used . share shall be determined on the basis of the imports charged in accordance with paragraph 3 . The Member States shall notify the Commission , not later than 1 October 1986 of the total quantities of the products Article 8 in question imported up to 15 September 1986 and charged against the tariff quota and of any quantity of the initial shares returned to the reserve . At the Commission's request, the Member States shall inform it of imports of the products concerned actually charged against their shares .

Article 6 Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 The Member States and the Commission shall cooperate and , as soon as it is notified , shall inform each State of the closely to ensure that this Regulation is complied with . extent to which the reserves have been used up .

It shall inform the Member States , not later than 5 October Article 10 1986 of the amount in each reserve after quantities have been returned thereto pursuant to Article 5 . This Regulation shall enter into force on 1 March 1986 .

It shall ensure that the drawing which exhausts any reserve However , Article 1 (4 ), last subparagraph , shall only apply does not exceed the balance available and , to this end , shall from 1 July 1986 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 24 February 1986 .

For the Council

The President

G. BRAKS