31986R4024

31 . 12 . 86 No 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)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , — 21 387 tonnes for products of heading No 03.03 , excluding subheadings 03.03 B I a ) and 03.03 B III , Having regard to the Treaty establishing the European — 10 007 tonnes for products of heading No 16.04 and Economic Community , — 27 483 tonnes for products of subheading 23.01 B ; Having regard to the Act of Accession of Spain and Portugal , and in particular Article 3 of Protocol No 2 annexed Whereas the other products are not imported ; thereto , Whereas when the products are imported into that part of Having regard to the proposal from the Commission , Spain included in the Customs territory of the Community they may not be deemed to be in free circulation , within the meaning of Article 10 of the Treaty , if they are reconsigned to Whereas Article 3 of Protocol No 2 provides that fishery another Member State ; whereas the tariff quotas in question products falling within headings and subheadings 03.01 , should therefore be opened for 1987 , 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 HAS ADOPTED THIS REGULATION : 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 Article 1 the basis of Article 3 cited above amount to :

— 17 596 tonnes for the products of heading No 03.01 1 . From 1 January to 31 December 1987 , the applicable excluding subheadings 03.01 Ale) and d ), 03.01 A IV , Common Customs duties on the importations of the 03.01 B I a ) 1,03.01 Bib ) 1, 03.01 B I c ) 1 and 03 . 01 B I following products into that part of Spain which is included o ) 1 , in the Customs territory of the Community shall be suspended at the levels and within the limits of the — 596 tonnes for products of heading No 03.02 , Community tariff quotas as shown herewith :

Quota CCT volume Quota Description duties heading No ( in tonnes )

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

31 . 12 . 86 No L 375 / 23 Official Journal of the European Communities

2 . The products imported into that part of Spain included Crangon spp . ( 3 ), as last amended by Regulation (EEC ) No in the customs territory of the Community under the tariff 3118 / 85 ( 4 ). quotas may not be deemed to be in free circulation within the meaning of Article 10 of the Treaty , if they are reconsigned to another Member State . Article 2

1 . The Member State in question shall ensure that 3. The products referred to in this Article cannot qualify under the tariff quotas unless , at the time of their importers of the products concerned have free access to the presentation to the authorities responsible for import tariff quotas referred to in Article 1 . formalities in that part of Spain included in the customs territory of the Community , in whatever form , they are 2 . The Member State in question shall charge imports of presentedin packings bearing the following information in a the products concerned against the tariff quotas as and when clearly visible and perfectly legible form : these products are entered for free circulation .

— the marking , 'Origin : Canary Islands' or 'Origin : Ceuta 3 . The extent to which the tariff quotas have been used up and Melilla' or a translation thereof in another official shall be determined on the basis of the imports charged in Community language printed in Latin characters of a accordance with paragraph 2 . height of not less than 20 millimetres ,

— the net weight in kilograms of the fish contained in the Article 3 packings . At the Commission's request , the Member State in question In addition , pre-packaged foodstuffs falling within heading shall inform it of imports actually charged against the tariff No 16.04 must carry , on each immediate packing, in an quotas . 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 Article 4 language . The Member State in question and the Commission shall cooperate closely to ensure that this Regulation is complied This paragraph shall apply without prejudice to the specific with . 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 Article 5 Regulation ( EEC ) No 104 / 76 of 19 January 1976 laying down common marketing standards for shrimps of the genus 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 . ( 3 ) OJ No L 20 , 28 . 1 . 1976 , p. 35 . ( 2 ) OJ No L 322 , 3 . 12 . 1985 , p. 1 . ( 4 ) OJ No L 297 , 9 . 11 . 1985 , p. 3 .