CELEX: 31986R2061
Language: en
Date: 1986-06-30 00:00:00
Title: Council Regulation (EEC) No 2061/86 of 30 June 1986 opening, allocating and providing for the administration of a Community tariff quota for deep-frozen fillets and minced blocks of hake (Merluccius Hubbsi) falling within subheadings ex 03.01 B II b) 9 and ex 03.01 B I t) 2 of the Common Customs Tariff

No L 176 / 12                           Official Journal of the European Communities                                   1.7.86
                                       COUNCIL REGULATION (EEC) No 2061 /86
                                                        of 30 June 1986
                 opening, allocating and providing for the administration of a Community tariff quota for
                 deep-frozen fillets and minced blocks of hake (Merluccius Hubbsi) falling within
                    subheadings ex 03.01 B II b) 9 and ex 03.01 B 1 1) 2 of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas, to take account of possible import trends for
                                                                    the product concerned , the quota volume should be
                                                                    divided into two instalments, the first being allocated
                                                                    between certain Member States and the second held as a
 Having regard to the Treaty establishing the European              reserve to meet subsequent requirements of Member
 Economic Community, and in particular Article 28                   States which have used up their initial shares and any
thereof,                                                            additional requirements which might arise in the other
                                                                    Member States ; whereas, to give importers of the
                                                                    Member States some degree of certainty, the first
Having regard to the draft Regulation submitted by the              instalment of the tariff quota should be fixed at a
Commission,                                                         relatively high level, which in this case could be 6 250
                                                                    tonnes ;
Whereas Community supplies of deep-frozen fillets and               Whereas initial shares may be used up at different rates ;
minced blocks of hake (Merluccius Hubbsi) currently                 whereas, avoid avid disruption of supplies on this
depend on imports from third countries ; whereas it is in           account, it should be provided that any Member State
the Community's interest to suspend partially the                   which has almost used up its initial share should draw an
Common Customs Tariff duty for the product in                       additional share from the reserve ; whereas, each time its
question, within the Community tariff quota of an                   additional share is almost used up, a Member State
appropriate volume ; whereas, in order not to call into             should draw a further share, and so on as many times as
question the development prospects of this production in            the reserve allows ; whereas the initial and additional
the Community while ensuring an adequate supply to                  shares be valid until the end of the quota period ;
satisfy user industries, it is advisable to open this quota         whereas this form of administration requires close collab­
for the period until 31 December 1986 at a duty rate of             oration between the Member States and the Commission,
5 % and to fix the volume thereof at 7 250 tonnes ;                 which latter must be in a position to keep account of the
                                                                    extent to which the quotas have been used up and to
                                                                    inform the Member States accordingly;
Whereas, in particular, equal and continuous access to
the quota should be ensured for all Community                       Whereas, since the Kingdom of Belgium, the Kingdom
importers and the rate of duty for the Tariff quota                 of the Netherlands and the Grand Duchy of Luxem­
should be applied consistently to all imports until the             bourg are united within and jointly represented by the
quota is exhausted ; whereas, in the light of these                 Benelux Economic Union, any measures concerning the
principles, arrangements for the utilization of the tariff          administration of the shares allocated to that economic
quota based on an allocation among Member States                    union may be carried out by any one of its members,
would seem to be consistent with the Community nature
of the quota ; whereas, to correspond as closely as
possible to the actual trend in the market in the product           HAS ADOPTED THIS REGULATION :
in question, allocation of the quota should be in pro­
portion to the requirements of the Member States
calculated by reference to statistics of imports from third                                  Article 1
countries during a representative reference period and to
the economic outlook for the quota period in question ;             1.    From the date on which this Regulation enters into
                                                                    force until 31 December 1986 the Common Customs
                                                                    Tariff duty for deep-frozen fillets and minced blocks of
                                                                    hake ( Merluccius Hubbsi) falling within subheadings ex
Whereas in the case in point there are no statistical data          03.01 B II b) 9 and ex 03.01 B I t) 2 shall be suspended
broken down by quality of products in question, whereas             at a level of 5 % within the limit of a Community tariff
the quota is an autonomous Community tariff quota                   quota of 7 250 tonnes .
intended to cover import needs arising in the
Community, the quota volume may be allocated on the
basis of the temporary import needs from third countries            2 . Within the limits of this tariff quota, the Kingdom
expressed by each of the Member States ; whereas these              of Spain and the Portuguese Republic shall apply
arrangements for allocation will equally ensure the                 customs duties calculated in accordance with the relevant
uniform application of the Common Customs Tariff;                   provisions in the 1985 Act of Accession .
 ---pagebreak---  1.7.86                                      Official Journal of the European Communities                              No L 176 / 13
 3 . Imports of the products in question shall not                      4.     By way of derogation from paragraphs 1 , 2 and 3,
benefit from the tariff quota referred to in paragraph 1                a Member State may draw shares lower than those
unless the free-at-frontier price, which is determined by               specified in those paragraphs if there are grounds for
the Member States in accordance with Article 21 of                      believing that those specified may not be used in full.
Regulation (EEC) No 3796/ 81 ('), is at least equal to the              Any Member State applying this paragraph shall inform
reference price fixed or to be fixed hy the Community                   the Commission of its grounds for so doing.
for the products under consideration or the categories of
the products concerned.
                                                                                                  Article 4
                            Article 2                                   Additional shares drawn pursuant to Article 3 shall be
                                                                        valid until 31 December 1986 .
1.     A    first  instalment   of     6 250    tonnes    of  this
Community tariff quota shall be allocated among certain
Member States, the shares, which subject to Article 5                                             Article 5
shall be valid until 31 December 1986, shall amount to
                                                                        Member States shall, not later than 1 November 1986,
the following quantities :                                              return to the reserve the unused portion of their initial
                                                   (tonnes)             share which, on 15 October 1986, is in excess of 20 % of
         Benelux :                                     200              the initial volume . They may return a greater portion if
         Denmark :                                     300              there are grounds for believing that it may not be used in
                                                                        full .
         Germany :                                   4 200
         France :                                      800
         Italy :                                       750              Member States shall, not later than 1 November 1986,
                                                                        notify the Commission of the total quantities of the
2.     The second instalment of            1 000    tonnes   shall      product in question imported up to and including 15
constitute the reserve .                                                October 1986 and charged against the Community tariff
                                                                        quota and of any portion of their initial shares returned
                                                                        to the reserve .
3. Should an importer give notification of imminent
importation of the product in a Member State and
request the benefit of the quota, the Member State                                               Article 6
concerned shall inform the Commission and draw an
amount corresponding to its requirements to the extent                  The Commission shall keep an account of the shares
that the available balance of the reserve so permits .                  opened by the Member States pursuant to Articles 2 and
                                                                        3 and shall, as soon as the information reaches it, inform
                                                                        each State of the extent to which the reserve has been
                           Article 3                                    used up .
1.     If a Member State has used 90 % or more of its
                                                                        It shall, not later than 5 November 1986, inform the
initial share as fixed in Article 2 ( 1 ), it shall forthwith, by       Member States of the amount still in reserve, following
notifying the Commission, draw a second share, to the                   any return of shares pursuant to Article 5 .
extent that the reserve so permits, equal to 5 % of its
initial share rounded up as necessary to the next whole
number.                                                                 It shall ensure that the drawing which exhausts the
                                                                        reserve does not exceed the balance available, and to this
                                                                        end shall notify the amount of that balance to the
2 . If a Member State, after exhausting its initial share,              Member State making the last drawing.
has used 90 % or more of the second share drawn by it,
that Member State shall forthwith, in the manner and to
the extent provided in paragraph 1 , draw a third share                                           Article 7
equal to 2,5 % of its initial share rounded up as
                                                                        1 . Member States shall take all appropriate measures
necessary to the next whole number.                                     to ensure that additional shares drawn pursuant to
                                                                        Article 3 are opened in such a way that imports may be
3 . If a Member State, after exhausting its second                      charged without interruption against their aggregate
share, has used 90 % or more of the third share drawn                   shares of the Community tariff quota.
by it, that Member State shall, in the manner and to the
extent provided in paragraph 1 , draw a fourth share                    2.     Member States shall ensure that importers of the
equal to the third.                                                     product in question have free access to the shares
                                                                        allotted to them .
This process shall apply until the reserve is used up.
                                                                        3.     Member States shall charge imports of the product
                                                                        in question against their shares as the product is entered
O OJ No L 379, 31 . 12 . 1981 , p. 1 .                                  with the customs authorities for free circulation .
 ---pagebreak--- No L 176 / 14                         Official Journal of the European Communities                                   1.7 . 86
4. The extent to which Member States have used up                                          Article 9
their shares shall be determined on the basis of imports
charged against them under the conditions set out in             The Member States and the Commission shall cooperate
paragraph 3 .                                                    closely to ensure that this Regulation is complied with.
                                                                                          Article 10
                         Article 8
                                                                 This Regulation shall enter into force on the day
At the Commission's request, the Member States shall             following its publication in the Official Journal of the
inform it of imports charged against their shares .              European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Luxembourg, 30 June 1986 .
                                                                                       For the Council
                                                                                         The President
                                                                                      N. SMIT-KROES