CELEX: 31988R4184
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4184/88 of 16 December 1988 opening, allocating and providing for the administration of a Community tariff quota for certain cod and fish of the species boreogadus saida, dried, salted or in brine (1989)

31 . 12 . 88                              Official Journal of the European Communities                                 No L 368 / 9
                                         COUNCIL REGULATION ( EEC) No 4184 / 88
                                                       of 16 December 1988
                  opening, allocating and providing for the administration of a Community tariff quota for
                      certain cod and fish of the species Boreogadus saida, dried, salted or in brine ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas, for 1989 , maintenance of quotas for the Member
                                                                     States is necessary , bearing in mind that it is impossible for
                                                                     the administration concerned in each Member State to
                                                                     introduce, in 1989 , the administrative and technical basis
Having regard to the Treaty establishing the European                for Community administration of the quota ; whereas it is,
Economic Community, and in particular Article 113                    however, possible , bearing in mind the way in which trade
thereof,                                                             has developed in recent years, to provide for a Community
                                                                     reserve of a significantly large amount;
Having regard to the proposal from the Commission ,
                                                                     Whereas , in view of these factors and of market forecasts
                                                                     for this product in 1989 initial percentage shares in the
Whereas the Community has undertaken to open an annual               quota volume can be expressed approximately as follows:
duty free Community tariff quota at zero duty for 25 000
tonnes of cod of the species Gadus morbua and Gadus ogac                     Benelux                                     0,21
and fish of the species Boreogadus saida, dried, salted or in
brine , whole, headless or in pieces; whereas therefore, the                 Denmark                                     0,02
tariff quota in question should be opened on 1 January                       Germany                                     0,21
1989 and allocated among the Member States;                                  Greece                                      4,07
                                                                             Spain                                       9,98
                                                                             France                                      3,92
Whereas equal and continuous access to the quota should                      Ireland                                     0,01
be ensured for all Community importers and the tariff
quota rate should be applied consistently to all imports                     Italy                                      10,43
until the quota is used up ; whereas , in the light of these                 Portugal                                   70,85
principles , allocation of the tariff quota among the                        United Kingdom                              0,30
Member States would seem to preserve the Community
nature of the quota; whereas in order to correspond as
closely as possible to the actual development of the market,
the allocation should reflect the requirements of the                Whereas to allow for possible imports trends for these fish ,
Member States based on statistics of imports from third              the quota volume should be divided into two parts; the first
countries during a representative reference period and to            being allocated among the Member States and the second
the economic outlook for the tariff year in question;                held as a reserve to cover any subsequent requirements of
                                                                     Member States which have used up their initial share as
                                                                     well as the requirements of the Member States which do
Whereas, during the last three years for which complete              not participate in the initial allocation ; whereas to afford
statistics are available, imports into each of the Member            importers some degree of certainty , the first part of the
States represented the following percentages of total                tariff quota should be set at a high level , which in this case
imports of the product in question from third countries              could be 60 % of the quota volume ;
which do not benefit from an equivalent preferential tariff
measure :
                                                                     Whereas initial shares may be used up at different rates;
          Member States            1985       1986      1987         whereas in order to avoid disruption of supplies on this
                                                                     account , it should be provided that any Member State
Benelux                            0,39       0,05      0,07         which has used up its initial share should draw an
Denmark                            0,01       0,01      0,06         additional share from the reserve ; whereas each time its
Germany                            0,44        0        0,04         additional share is almost used up a Member State should
Greece                             3,80       4,11      4,48         draw a further share and so on as many times as the reserve
Spain                              0,77     20,06      15,47         allows; whereas the initial and additional shares should be
France                             5,69       2,43      2,42         valid until the end of the quota period ; whereas this form
Ireland                            0          0          0
                                                                     of administration requires close collaboration between the
Italy                             14,11       7,31      7,34         Member States and the Commission and the Commission
Portugal                          74,52      65,58     69,93
United Kingdom                     0,27       0,45       0,19
                                                                     must be able to keep account of quota utilization rates and
                                                                     inform the Member States accordingly;
 ---pagebreak--- No L 368 / 10                               Official Journal of the European Communities                                     31 . 12 88
Whereas if, during the quota period , the Community                        administration of the shares allocated to that economic
reserve is almost totally used up , it is essential that Member            union may be carried out by any one of its members,
States return to the said reserve the whole of the unused
proportion of their initial quota and of any drawings made ,
in order to avoid one part of the Community tariff quotas
remaining unused in one Member State when it could be                      HAS ADOPTED THIS REGULATION :
used in others :
                                                                                                        Article 1
Whereas since the Kingdom of Belgium , the Kingdom of                      From 1 January to 31 December 1989 , the customs duty
the Netherlands and the Grand Duchy of Luxembourg are                      applicable to imports of the following products shall be
united within and jointly represented by the Benelux                       suspended at the level and within the limit of a Community
Economic Union , any measure concerning the                                tariff quota as shown herewith :
    Order                                                                                                 Amounts of quota Rate of duty
                   CN code                                     Description
     No                                                                                                        (tonnes )       (%)
  09.0007      ex 0305 51  10      Cod of the species Gadus morhua, and Gadus ogac, and fish of the
               ex 0305 51  90      species Boreogadus saida, dried, salted or in brine, whole, headless
                  0305 59  11      or in pieces                                                                25 000           0
                  0305 59  19
               ex 0305 62  00
                  0305 69  10
Within the limit of this tariff quota , the Kingdom of Spain               exhausted its initial quota and applies to use the quota, the
and the Portuguese Republic shall apply customs duties                     Member State concerned shall inform the Commission and
calculated in accordance with the relevant provisions laid                 draw an amount corresponding to its requirements to the
down by the Act of Accession of Spain and Portugal .                       extent that the available balance of the quota so permits.
                            Article 2                                      5 . Without prejudice to Article 3 , the drawings made
                                                                           pursuant to paragraph 4 shall be valid until the end of the
 1 . The Community tariff quota referred to in Article 1                   quota period .
shall be divided into two instalments .
2 . A first instalment of 15 000 tonnes shall be allocated
                                                                                                        Article 3
among the Member States; the shares which , subject to
Article 5 , shall be valid until 31 December 1989 shall be as
                                                                           1.   Once at least 80 % of the reserve of one of the tariff
follows :
                                                                           quota, as defined in Article 2 ( 3 ), has been used up , the
                                                   (tonnes)                Commission shall inform the Member States thereof.
        Benelux                                         32
        Denmark                                           3
        Germany                                         32                 2 . It shall also notify Member States in this case of the
        Greece                                         611                 date from which drawings on the Community reserve must
        Spain                                        1 497                 be made according to the following provisions :
        France                                         587
        Ireland                                           2                If an importer presents in a Member State a declaration of
        Italy                                        1 565                 entry into free circulation including a request for
        Portugal                                    10 626                 preferential benefit for a product covered by this
        United Kingdom                                   45                Regulation, and if this declaration is accepted by the
                                                                           customs authorities, the Member State concerned shall
 3.   The   second    instalment    of   10 000     tonnes   shall         draw, from the Community reserve, by means of
 constitute the reserve .
                                                                           notification to the Commission , a quantity corresponding
                                                                           to these needs .
 4 . If an importer indicates that he is about to import any               The requests for drawing , with the indication of the date of
 of the products in question into a Member State which does                acceptance of the said declarations , must be communicated
 not participate in the initial allocation or which has                    to the Commission without delay.
 ---pagebreak--- 31 . 12 . 88                              Official Journal of the European Communities                              No L 368 / 11
The drawings are granted by the Commission on the basis                                         Article 5
of the date of acceptance of the declaration of entry into
free circulation by the customs authorities of the Member            1 . The Member States shall take all measures necessary to
State concerned, to the extent that the available balance so         ensure that drawings of shares pursuant to Article 2 (4) and
permits.                                                             Article 3 are carried out in such a way that imports may be
                                                                     charged without interruption against their accumulated
If a Member State does not use the quantities drawn , it             shares in the Community tariff quotas.
shall return them as soon as possible to the reserve.
                                                                     2 . The Member States shall ensure that importers of the
If the quantities requested are greater than the available           products in question have free access to the shares allocated
balance of the reserve, allocation shall be made on a pro            to them .
rata basis with respect to the requests. Member States shall
be informed by the Commission in accordance with the
same procedures.
                                                                     3 . The Member States shall charge imports of the
                                                                     products against their shares as and when they are entered
                                                                     with the customs authorities for free circulation .
3 . Within a time limit fixed by the Commission as from
the date referred to in the first subparagraph of paragraph
2 , Member States shall be required to return to the' reserve        4 . The extent to which a Member State has used up its
all the quantities which have not been used on that date,            share shall be determined on the basis of imports charged
within the meaning of Article 5 ( 3) and (4).                        in accordance with paragraph 3 .
                                                                                                Article 6
                           Article 4
                                                                     At the request of the Commission , the Member States shall
The Commission shall keep an account of the shares                   inform it of imports of the products concerned actually
opened by the Member States pursuant to Articles 2 and 3             charged against their shares.
and shall , as soon as it has been notified, inform each State
of the extent to which the reserve has been used up .
                                                                                               Article 7
It shall inform the Member States, of the amounts still in
reserve after amounts have been returned thereto pursuant            The Member States and the Commission shall cooperate
to Article 3 .                                                       closely in order to ensure that this Regulation is complied
                                                                     with .
It shall ensure that the drawing which uses up the reserve
does not exceed the balance available, and to this end shall                                   Article 8
notify the amount of that balance to the Member State
making the last drawing.                                             This Regulation shall enter into force on 1 January 1989 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 16 December 1988 .
                                                                                          For the Council
                                                                                           The President
                                                                                         G. GENNIMATAS