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28.12.2013 Official
Journal
of
the
European
Union
L
353/1
I
(Legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1412/2013
of 17 December 2013
opening and providing for the administration of autonomous Union tariff quotas for imports of
certain fishery products into the Canary Islands from 2014 to 2020
THE COUNCIL OF THE EUROPEAN UNION,
(3) In
July
2010
and
June
2012,
the
Spanish
authorities
submitted reports on the implementation of the
Having regard to the Treaty on the Functioning of the European
measures referred to in Article 3 of Regulation (EC) No
Union, and in particular Article 349 thereof,
645/2008. The Commission has examined the impact of
those measures on the basis of those reports.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(4) The
reports
submitted
by
the
Spanish
authorities
parliaments,
included information on the utilisation rate of the tariff
quotas for the period from 2007 to 2011. That
information showed that, on average, over that period,
Having regard to the opinion of the European Parliament,
the tariff quota with order number 09.2997 was almost
fully utilised, and that the tariff quota with order number
Having regard to the opinion of the European Economic and
09.2651 was not exhausted.
Social Committee,
After consulting the Committee of the Regions,
(5) Since
the
tariff
quota
with
order
number
09.2997
was
almost fully utilised, and the non-exhaustion of the tariff
Acting in accordance with a special legislative procedure,
quota with order number 09.2651 could be linked to
temporary and exogenous factors, it is appropriate to set
the volume of the tariff quotas at the same level.
Whereas:
(1) The
exceptional
geographical
situation
of
the
Canary
Islands in relation to the sources of supply of certain
(6) The
sharp
decline
in
local
demand
for
products
covered
fishery products which are essential for domestic
by the tariff quota with order number 09.2651, due to
consumption entails additional costs for that sector.
the difficult economic conditions in the Canary Islands
That natural handicap, recognised by Article 349 of the
following the economic and financial crises, may explain
Treaty, resulting from the Canary Islands’ insularity,
the under-utilisation of that tariff quota.
remoteness and outermost location can be remedied,
inter alia, by temporarily suspending customs duties on
imports of the products in question from third countries
within autonomous Union tariff quotas of an appropriate
(7) In
September
2012,
Spain
requested
the
extension
of
volume.
Union tariff quotas for imports of certain fishery
products into the Canary Islands, in accordance with
Article 349 of the Treaty.
(2) Council
Regulation
(EC)
No
645/2008
(


1 ) opened and
provided for the administration of autonomous
Community tariff quotas on imports of certain fishery
products into the Canary Islands for the period from
1 January 2007 to 31 December 2013.
(8)
Tariff quotas similar to those opened pursuant to Regu
lation (EC) No 645/2008 for certain fishery products are
justified as they would cover the needs of the Canary
( 1 ) Council Regulation (EC) No 645/2008 of 8 July 2008 opening and
Islands' domestic market, while ensuring that flows of
providing for the administration of autonomous Community tariff
quotas on imports of certain fishery products into the Canary
reduced-duty imports into the Union remain predictable
Islands, OJ L 180, 9.7.2008, p. 1.
and clearly identifiable.

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L 353/2
EN
Official Journal of the European Union
28.12.2013
(9) Therefore,
with
the
aim
of
giving
a
long-term
perspective
Article 2
to economic operators to reach a level of activity which
stabilises the economic and social environment of the
The tariff quotas referred to in Article 1 of this Regulation shall
Canary Islands, it is appropriate to extend, for an
be managed in accordance with Articles 308a, 308b and
additional period, the autonomous tariff quota regime
308c(1) of Commission Regulation (EEC) No 2454/93 ( 2 ).
of the Common Customs Tariff duties for the goods
listed in the Annex to this Regulation.
Article 3
(10) In
order
to
avoid
undermining
the
integrity
and
the
coherence of the internal market, measures should be
By 30 June 2019, the Commission shall examine the impact of
taken to ensure that fishery products for which
the measures provided for in Article 1 and, on the basis of its
suspension is granted are intended solely for the
findings, submit any relevant proposals for the period after
Canary Islands’ domestic market.
31 December 2020.
(11) Measures
should
be
taken
to
ensure
that
the
Commission
is kept regularly informed of the volume of imports in
Article 4
question so that, if necessary, it can take steps to prevent
any speculative movement or deflection of trade.
1. Where
the
Commission
has
reasons
to
believe
that
the

suspensions laid down pursuant to this Regulation have led to
a deflection of trade for a specific product, it may adopt imple
(12) In
order
to
ensure
uniform
conditions
for
the
implemen
menting acts, temporarily withdrawing the suspension for a
tation of this Regulation, implementing powers should be
period not exceeding 12 months. Those implementing acts
conferred on the Commission allowing the Commission
shall be adopted in accordance with the examination
to temporarily withdraw the suspension in the case of a
procedure referred to in Article 5(2).
deflection of trade. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council ( 1 ). The final
decision on whether the suspension should be main
The payment of the import duties imposed upon products for
tained or withdrawn definitely should, however, be
which the suspension has been temporarily withdrawn shall be
made by the Council in accordance with Article 349 of
secured by a guarantee, and the release of the products
the Treaty within the time period for which suspension is
concerned for free circulation on the Canary Islands' domestic
temporarily withdrawn pursuant to the Commission
market shall be conditional upon the provision of such guar
decision to temporarily withdraw the suspension.
antee.
(13) The
provisions
to
be
adopted
should
ensure
continuity
with the measures set out in Regulation (EC) No
2. Within
the
maximum
12-month
period
referred
to
in
645/2008. Therefore, it is appropriate to apply the
paragraph 1 of this Article, the Council, in accordance with
measures provided for in this Regulation from
Article 349 of the Treaty, shall adopt a final decision on
1 January 2014 to 31 December 2020,
whether to maintain or definitively withdraw the suspension.
If the suspension is definitively withdrawn, the amounts of
duties secured by guarantees shall be collected definitively.
HAS ADOPTED THIS REGULATION:
Article 1
3. If
no
definitive
decision
has
been
adopted
within
the
1. From
1
January
2014
to
31
December
2020,
the maximum 12-month period in accordance with paragraph 2,
Common Customs Tariff duties applicable to imports into the
the securing guarantees shall be released.
Canary Islands of the fishery products listed in the Annex to
this Regulation shall be suspended in full for the quantities
indicated in that Annex.
Article 5
2. The
suspension
referred
to
in
paragraph
1
shall
be
granted 1. The
Commission
shall
be
assisted
by
the
Customs
Code
exclusively for products intended for the Canary Islands'
Committee, established by Article 247a(1) of Council Regu
domestic market. It shall only apply to fishery products which
lation (EEC) No 2913/92 ( 3 ). That Committee shall be a
are unloaded from ship or aircraft before the customs
committee within the meaning of Regulation (EU) No
declaration for release into free circulation is submitted to the
182/2011.
customs authorities in the Canary Islands.
( 2 ) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
( 1 ) Regulation (EU) No 182/2011 of the European Parliament and of
down provisions for the implementation of Council Regulation
the Council of 16 February 2011 laying down the rules and general
(EEC) No 2913/92 establishing the Community Customs Code, OJ
principles concerning mechanisms for control by Member States of
L 253, 11.10.1993, p. 1
the Commission's exercise of implementing powers, OJ L 55,
( 3 ) Council Regulation (EEC) No 2913/92 of 12 October 1992 estab
28.2.2011, p. 13.
lishing the Community Customs Code, OJ L 302, 19.10.1992, p. 1.

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EN
28.12.2013 Official
Journal
of
the
European
Union
L
353/3
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Article 7
Regulation (EU) No 182/2011 shall apply.
This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European
Article 6
Union.
The Commission and the customs authorities of the Member
States shall cooperate closely to ensure the proper management
and control of the application of this Regulation.
It shall apply from 1 January 2014 until 31 December 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2013.
For the Council
The President
L. LINKEVIIUS

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L 353/4
EN
Official Journal of the European Union
28.12.2013
ANNEX
Order No. CN
Code Description
Amount of quota
(in tons)
Quota duty ( %)
09.2997 0303 Fish,
frozen,
excluding
fish
fillets
and
other
fish
meat
of 15 000
0
heading 0304
0304 Fish
fillets
and
other
fish
meat
(whether
or
not
minced),
fresh, chilled or frozen
09.2651 0306 Crustaceans,
whether
in
shell
or
not,
live,
fresh,
chilled, 15 000
0
frozen, dried, salted or in brine; smoked crustaceans
whether in shell or not, whether or not cooked before or
during the smoking process; crustaceans, in shell, cooked
by steaming or by boiling in water, whether or not chilled,
frozen, dried, salted or in brine; flours, meals and pellets of
crustaceans, fit for human consumption
0307 Molluscs,
whether
in
shell
or
not,
live,
fresh,
chilled,
frozen,
dried, salted or in brine; smoked molluscs whether in shell
or not, whether or not cooked before or during the
smoking process; flours, meals and pellets of molluscs, fit
for human consumption
0308 Aquatic
invertebrates
other
than
crustaceans
and
molluscs,
live, fresh, chilled, frozen, dried, salted or in brine; smoked
aquatic invertebrates other than crustaceans and molluscs
whether or not cooked before or during the smoking
process; flours, meals and pellets of aquatic invertebrates
other than crustaceans and molluscs, fit for human
consumption

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