30. 12. 88 Official Journal of the European Communities No L 363/17 COUNCIL REGULATION (EEC) No 4096/88 of 16 December 1988 opening and providing for the administration of Community tariff quotas for certain types of manufactured tobacco processed in the Canary Islands (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 2 of Protocol 2 thereto, Having regard to the proposal from the Commission, Whereas Article 2 of Protocol 2 and Article 10 of Protocol 3 to the Act of Accession provide that from 1 January 1986 manufactured tobacco falling within Chapter 24 of the combined nomenclature which is processed in the Canary Islands is to qualify, in the customs territory of the Community, for exemption from customs duties within the limits of annual Community tariff quotas; whereas this tariff preference applies to products of which there have been imports in the last five years; whereas, calculated on the basis of the abovementioned Article 2, the quota volumes for cigarettes falling within CN code 2402 20 00 and cigars, cheroots and cigarillos falling within CN code 2402 10 00 are 19 098 million units and 320 608 million units . respectively; whereas there are no imports of other manufactured tobacco falling within Chapter 24 of the combined nomenclature; whereas the tariff quotas in question should therefore be opened for 1989; Whereas rules should be laid down on the marking of the products concerned; Whereas equal and continuous access to the said quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all the Member States until the quotas are exhausted; whereas it is appropriate not to provide for allocation among Member States, without prejudice to the drawing, on the tariff quota, of such quantities as they may need, under conditions and according to a procedure to be determined; whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the tariff quota is used and inform the Member States accordingly; Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota shares levied by that economic union may be carried out by any one of its members, HAS ADOPTED THIS REGULATION: Article 1 1. From 1 January to 31 December 1989 the duties applicable to imports of the following products shall be suspended at the levels indicated and within the limits of Community tariff quotas as shown below: obrliﬂ CN code Description v((:xlxl;lllli);:fx gil::)ta Rate of duty 09.0401 2402 20 00 Cigarettes, manufactured in the Canary Islands 19 098 ~ Free - 05.0403 2402 10 00 Cigars, cheroots and cigarillos manufactured in the Canary Islands 320608 Free 2. Products covered by this Regulation shall not qualify for the rtariff quotas unless, when they are presented to the customs authorities responsible for the import formalities for release for free circulation in the customs territory of the Community, they are presented in packaging which bears the words ‘Manufactured in the Canary Islands’, or the equivalent thereof in another official Community language, in a clearly visible and perfectly legible form. Article 2 The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate