31986R4025
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)
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 timetable and Having regard to the Treaty establishing the European under the same conditions as shose laid down by Article 173 Economic Community , of the Act of Accession and subject to compliance with the reference prices ; whereas , however , when the products in Having regard to the Act of Accession of Spain and Portugal , question are. imported into Portugal , the duties applicable shall be calculated on the basis of the relevant provisions of and in particular Article 3 of Protocol No 2 annexed the Act of Accession ; whereas the tariff quotas in question thereto , should , therefore , be opened for 1987 ;
Having regard to the proposal from the Commission , 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 Whereas Article 3 of Protocol No 2 and Article 10 of Protocol rates laid down for these quotas to all imports of the products No 3 annexed to the Act of Accession provide that fishery concerned into all member States until the quotas have been products falling within heading and subheadings 03.01 , used up ; whereas , in the present case , it seems advisable not 03.02 , 03.03 , 05.15 A, 16.04 , 16.05 and 23.01 B of the to allocate this quota among the Member States , without Common Customs Tariff, originating in the Canary Islands prejudice to the drawing, against the quota volume , of such or in Ceuta and Melilla , shall qualify for reduced duties quantities as they may need , under the conditions and within the limits of annual Community tariff quotas on according to the procedure specified in Article 2 ; whereas this importation into the customs territory of the Community , method of management requires close cooperation between excluding Spain ; whereas this tariff preference is only the Member States and the Commission and the latter must , applicable to products which have been imported over the in particular , be able to monitor the rate at which the quota is years 1982 , 1983 and 1984 ; whereas there is no pattern of used up and inform the Member States thereof; trade in the said products originating in Ceuta and Melilla and thus no need to open quotas for products originating in Whereas , since the Kingdom of Belgium , the Kingdom of the those territories ; whereas for the products originating in the Netherlands and the Grand Duchy of Luxembourg are united Canary Islands the quota amounts calculated on the basis of within and jointly represented by the Benelux Economic Article 3 referred to above amount to : Union , any operation relating to the administration of the quota shares allocated to that economic union may be carried — 604 tonnes for the products of heading No 03.01 out by any of its members , 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 , HAS ADOPTED THIS REGULATION :
— 3 429 tonnes for products of tariff heading 03.03 Article 1 excluding subheadings 03.03 B I a ) and 03.03 B III ,
1 . From 1 January to 31 December 1987 the common — 539 tonnes for products of heading No 16.04 , and customs duties applicable on the importation of the following products into the Community , with the exception — 227 tonnes for products of subheading 23.01 B ; of Spain , shall be suspended at the levels laid down in paragraph 2 and within the limits of the Community tariff Whereas the other products are not imported ; quotas as shown herewith :
No L 375 / 25 31 . 12 . 86 Official Journal of the European Communities
(in tonnes)
Order CCT Quota Description volume No heading No
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 604 the Canary Islands 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 3 429 Canary Islands 09.0409 16.04 Prepared or preserved fish , including caviar and caviar sub 539 stitutes , originating in the Canary Islands 09.0411 23.01 B Flours and meals , fish , crustaceans or molluscs , originating in 227 the Canary Islands ...
( 2 ) Within the limits of the tariff quotas set out in Common Customs Tariff Quota duty paragraph 1 ,"the duties set out below for each of the headings heading and subheading No % and subheadings shall be applicable :
03.03 B IV a ) 2 , 3 , 4 , 5 , 6 6,0 (cont. ) b ) 1 aa ) 4,5 Common Customs Tariff Quota duty he % bb ) 4,5 ■heading and subheading No cc) 6,0 dd ) 6,0 03.01 A I a ) 9,0 2 6,0 b ) 1,5 II 2,2 16.04 A 22,5 III 6,0 B I 4.1 B I a ) 2 11,2 II 5.2 b 2 9,7 C I 11,2 16,5 II 15,0 c ) 2 d ) 17,2 D 20,4 e ), f) 6,0 E 18,0 6,0 F 18,7 g) 1 free G I 11,2 g ) 2 h ) 9,0 II 15,0 11,2 23.01 B 1,5 ij ), k ), 1 ), m ), n ) o ) 2 15,0 p ), q ), r ), s ), t ), u ), v ), w ), "1 11,2 x), y ) J Within the limit of the tariff quotas , Portugal shall apply II a ) 13,5 customs duties calculated in accordance with the relevant b ) 1 , 2 , 3 11,2 provisions of the Act of Accession . 4 9,0 5 , 6 11,2 3 . In order to benefit from the tariff quotas , the products 7 13,5 concerned must comply with the reference prices applicable 8,9,10,11,12,13,14 V to them . 11,2 15 , 16 , 17 J C 7,5 03.03 A I 9,3 4 . The fishery products covered by this Article may not II free receive the benefit of the tariff quotas unless , at the time of III a ) 6,0 their presentation , in whatever form , to the authorities b ), -c) 11,2 responsible for import formalities with a view to their release IV a ) 9,0 for free circulation within the Community's customs b ),<) 13,5 territory , they are presented in packings bearing the V 9,0 following information in a clearly visible and perfectly legible B I 13,5 form : b ) = II 5,6 IV a ) 1 aa )- 4,5 — the marking 'Origin : Canary Islands' or a translation 4,5 thereof in another official Community language printed bb ) 6,0 in Latin characters of a height of not less than 20 cc ) dd ) 6,0 millimetres ,
31 . 12 . 86 No L 375 / 26 Official Journal of the European Communities
— the net weight in kilograms of the fish contained in the are made in such a way that imports may be charged without packings . interruption against their accumulated shares of the Community quotas . In addition , pre-packaged foodstuffs falling within heading No 16.04 must carry , on each immediate packing , in an 2 . Member States shall ensure that importers of the easily visible , clearly legible and indelible form the marking products in question have free access to the quota as long as 'Made in the Canaries' or a translation thereof in another the balance of the quota volumes so permits . official Community language . 3 . Member States shall charge imports of the products in This paragraph shall apply without prejudice of the specific question against their drawings as and when the products are rules laid down by Council Regulation ( EEC ) No 103 / 76 of entered with the customs authorities for free circulation . 19 January 1976 laying down common marketing standards for certain fresh of chilled fish ('), as last amended by 4 . The extent to which the quotas have been used up shall Regulation ( EEC ) No 3396 / 85 ( 2 ) and by Council be determined on the basis of the imports charged in Regulation ( EEC ) No 104 / 76 of 19 January 1976 , laying down common marketing standards for shrimps of the genus accordance with paragraph 3 . Crangon spp . ( 3 ), as last amended by Regulation ( EEC ) No 3118 / 85 ( 4 ). Article 4 Article 2 At the Commission's request , the Member States shall inform 1 . If an importer notifies the imminent import of the it of imports of the products concerned actually charged product in question into another Member State and requests against the quotas . 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 Article 5 of the quota so permits . Member States and the Commission shall cooperate closely 2 . The drawings made under paragraph 1 shall remain valid until the end of the quota period . to ensure that this Regulation is complied with .
Article 3 Article 6 1 . Member States shall make all provisions necessary to ensure that the drawings they have made under Article 2(1 ) 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 .