CELEX: 31987R4078
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4078/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for frozen cod (Gadus morhua) fillets falling within code ex 0304 20 29 of the combined nomenclature (1988)

No L 381 / 20                             Official Journal of the European Communities                                  31 . 12 . 87
                                         COUNCIL REGULATION ( EEC ) No 4078 / 87
                                                       of 18 December 1987
                  opening, allocating and providing for the administration of a Community tariff quota for
                  frozen cod ( Gadus morhua) fillets falling within code ex 0304 20 29 of the combined
                                                       nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                Member States            1984     1985        1986
                                                                     Benelux                              1,29    0,85         1,81
                                                                     Denmark                             2,35     2,24         8,60
Having regard to the Treaty establishing the European                Germany                             9,23    16,35        4,22
Economic Community , and in particular Article 113                   Greece                              0,41     0,77        0,82
thereof,                                                             Spain                               0         0          0,06
                                                                     France                             17,34    13,16       16,04
                                                                     Ireland                              0        0           0
                                                                     Italy                               6,88      5,93        3,04
                                                                     Portugal                         • 0,01       0          0,11
Having regard to the proposal from the Commission ,                                                                         65,30
                                                                     United Kingdom                     62,49    60,70
Whereas the Community has undertaken to open an annual
Community tariff quota at 8 % duty for 10 000 tonnes of
frozen fillets of cod of the Gadus morhua species ; whereas          Whereas , in view of these factors and of market forecasts
the tariff quota concerned should be opened on 1 January             for this product for 1988 , the initial percentage shares of
1988 and allocated among the Member States ;                         the quota volume can be expressed approximately as
                                                                     follows :
                                                                             Benelux                                    0,48
Whereas the Community has adopted, with effect from                          Denmark                                    3,35
1 January 1988 , a combined nomenclature for goods which                     Germany                                   23,90
meets the requirements of the Common Customs Tariff                          Greece                                     0,08
and the Nomenclature of Goods for the External Trade
                                                                             Spain                                      0,08
Statistics of the Community and Statistics of Trade                          France                                    23,90
between Member States ; whereas , in order to accomodate
                                                                             Ireland                                    0,08
specific Community measures , this nomenclature has been                                                                7,97
expanded into an integrated tariff of the European                           Italy
                                                                             Portugal                                   0,32
Communities (TARIC); whereas, with effect from the date
                                                                             United Kingdom                            39,84
given above, the combined nomenclature and, where
appropriate, the TARIC code numbers, should be used for
the description of the products covered by this
Regulation ;                                                         Whereas , to allow for import trends for the products
                                                                     concerned, the quota volume should be divided into two
                                                                     parts, the first being allocated among the Member States
                                                                     and the second held as a reserve to cover any subsequent
Whereas equal and continuous access to the quota should              requirements of Member States which have used up their
be ensured for all Community importers and the rate laid             initial share ; whereas , to give importers some degree
down for the quota should be applied consistently to all             of certainty, the first part of the Community quota should
imports until the quota is used up; whereas, in the light of         be set at a high level , which in this case could be
these principles, allocation of the tariff quota among the           approximately 63 % of the quota volume;
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,         Whereas initial shares may be used up at different rates;
the allocation should reflect the requirements of the
Member States based on statistics of imports from third
                                                                     whereas , in order to avoid any break in the continuity of
countries during a representative reference period and the            supplies on this account, it should be provided that any
                                                                     Member State which has almost used up its initial share
economic outlook for the quota year in question ;                     should draw an additional share from the reserve ; whereas ,
                                                                      each time its additional share is almost used up , a Member
                                                                      State should draw a further share and so on as many times
Whereas , during the last three years for which complete              as the reserve allows ; whereas the initial and additional
statistics are available , the corresponding imports into each        shares must be valid until the end of the quota period ;
of the Member States represented the following percentages           whereas this method of administation calls for close
of total imports of the product in question :                        cooperation between Member States and the Commission
 ---pagebreak--- 31 . 12 . 87                                  Official Journal of the European Communities                                  No L 381 / 21
and the latter must be able to monitor the extent to which                   Economic Union , all transactions concerning the
the quota volume has been used up and inform Member                          administration of the quota shares allocated to that
States accordingly ;                                                         economic union may be carried out by any one of its
                                                                             members ,
Whereas if, at a given date in the quota period, a
considerable quantity of a Member State's initial share
remains unused , it is essential that the Member State                       HAS ADOPTED THIS REGULATION :
concerned return a significant proportion thereof to the
reserve , in order to prevent part of the Community quota
remaining unused in one Member State when it could be
used in others;                                                                                          Article 1
                                                                             From 1 January to 31 December 1988 , the customs duty
Whereas, since the Kingdom of Belgium, the Kingdom of                        applicable to imports of the following products shall be
the Netherlands and the Grand Duchy of Luxembourg are                        suspended at the level indicated and within the limits of a
united within and jointly represented by the Benelux                         Community tariff quota as shown below:
                    Combined                                                                                     Quota         Rate of
     Order                                                                                                       voluijie        duty
                  nomenclature                                   Description
      No                                                                                                        (tonnes)         (% )
                      code
   09.0011       ex 0304 20 29        Frozen cod fillets (Gadus morhua)                                         10 000            8
Within the limits of this tariff quota , the Kingdom of Spain                shall forthwith , by notifying the Commission and to the
 and the Portuguese Republic shall apply customs duties                      extent that the reserve so permits, draw a second share ,
 calculated in accordance with the relevant provisions laid                  equal to 10 % of its initial share , where necessary rounded
 down by the 1985 Act of Accession .                                         up to the next whole number.
                                                                             2 . If, after its initial share has been used up , a Member
                               Article 2                                     State has used 90 % or more of the second share as well ,
                                                                             that Member State shall forthwith , using the procedure
 1 . The Community tariff quota referred to in Article 1                     provided for in paragraph 1 , draw a third share, equal to
 shall be divided into two parts.                                            5 % of its initial share rounded up , should the occasion
                                                                             arise, to the nearest unit above.
 2. The first part, amounting to 6 275 tonnes, shall be
 allocated among the Member States; the quota shares                          3 . If, ater its second share has been used up , a Member
                                                                             State has used 90 % or more of its third share, it shall ,
 shall , subject to Article 5 , be valid from 1 January to
 31 December 1988 and shall be as follows :                                  using the procedure provided for in paragraph 1 , draw a
                                                                             fourth share equal to the third .
                                                       (tonnes)
          Benelux                                           30                This process shall continue until the reserve is used up .
          Denmark                                          210
          Germany                                        1 500
          Greece                                             5
                                                                              4. By way of derogation from paragraphs 1 , 2 and 3 ,
                                                             5
                                                                              Member States may draw shares lower than those specified
          Spain                                                               in those paragraphs if there are grounds for believing that
          France                                         1 500
          Ireland                                            5
                                                                              they may not be used in full . Member States shall inform
                                                           500
                                                                              the Commission of their reasons for applying this
          Italy                                                               paragraph .
          Portugal                                          20
          United Kingdom                                 2 500
                                                                                                         Article 4
 3 . The second part of the quota , amounting to 3 725
 tonnes shall constitute the reserve .                                        Additional shares drawn pursuant to Article 3 shall be valid
                                                                              until 31 December 1988 .
                               Article 3
                                                                                                         Article 5
  1 . If a Member State has used 90 % or more of its initial
  share as specified in Article 2 (2), or of that share less any              Member States shall , not later than 1 October 1988 return
  portion returned to the reserve pursuant to Article 5 , it                  to the reserve the unused portion of their initial share
 ---pagebreak--- No L 381 / 22                             Official Journal of the European Communities                                 31 . 12 . 87
which , on 15 September 1988 , is in excess of 20 % of the            Article 3 are carried out in such a way that imports may be
initial volume. They may return a greater portion if there            charged without interruption against their accumulated
are grounds for believing that it may not be used in full .           shares of the Community quota .
Member States shall , not later than 1 October 1988 , notify          2 . Member States shall ensure that importers of the
the Commission of the total quantities of the product in             products in question have free access to the shares allocated
question imported up to and including 15 September 1988 ,            to them .
and charged against the Community quotas and of any
portion of their inital shares returned to the reserve .             3 . Member States shall charge imports of the products in
                                                                     question against their shares as and when the products are
                                                                     entered with the customs authorities for the circulation .
                            Article 6
                                                                     4 . The extend to which a Member State has used up its
The Commission shall keep an account of the shares                   share shall be determined on the basis of the imports
opened by the Member States pursuant to Articles 2 and 3             charged in accordance with paragraph 3 .
and shall , as soon as the information reaches it, inform
each State of the extent to which the reserve has been used
up .                                                                                            Article 8
It shall , not later than 5 October 1988 , inform the Member         At the request of the Commission , the Member States shall
State of the amount still in reserve following any return of         inform it of imports actually charged against their quota
shares pursuant to Article 5 .                                       shares .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall                                   Article 9
notify the amount of that balance to the Member State
making the last drawing.                                             The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
                            Article 7
                                                                                               Article 10
1 . Member States shall take all appropriate measures to
ensure that additional drawings of shares pursuant to               This Regulation shall enter into force on 1 January 1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 18 December 1987 .
                                                                                          For the Council
                                                                                            The President
                                                                                           N. WILHJELM