CELEX: 31987R4085
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4085/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for fillets of certain cod and of fish of the species Boreogadus saida, falling within code 0305 30 19 of the combined nomenclature, originating in Norway (1988)

31 . 12 . 87                               Official Journal of the European Communities                                No L 382 /9
                                          COUNCIL REGULATION (EEC) No 4085/87
                                                        of 21 December 1987
                  opening, allocating and providing for the administration of a Community tariff quota for
                  fillets of certain cod and of fish of the species Boreogadus saida, falling within code
                           0305 30 19 of the combined nomenclature, originating in Norway ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                imports from Norway during a representative reference
                                                                        period and to the economic outlook for the quota year
                                                                        in question ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                                Whereas during the latest years for which statistics are
                                                                        available, imports into each of the Member States were
                                                                        as follows :
Having regard to the Act of Accession of Spain and
Portugal,                                                                                                                   (tonnes)
Having regard to the proposal from the Commission,
                                                                      \                                1983   1984    1985   1986
                                                                        Benelux                            0      0       0      1
Whereas an Agreement between the European Economic                      Denmark                           12    72       10      2
Community and the Kingdom of Norway was concluded                       Germany                           15      0       0
                                                                                                                         11
                                                                                                                                 0
                                                                                                                                 0
                                                                        Greece                             0      0
on 14 May 1973 ; whereas, following the accession of                    Spain                             17    37        0      0
Spain and Portugal to the Community, an Agreement in                    France                           29     58        8     19
the form of an Exchange of Letters was concluded and                    Ireland                            0      0       0      0
approved by Council Decision 86/557/EEC (*);                            Italy                         4 751  4 589   2 691  2 354
                                                                        Portugal                           0      0       0      0
                                                                        United Kingdom                     0      0       0      0
Whereas the said Agreement provides in particular for
the opening of a Community tariff quota at zero duty
for fillets of certain cod and of fish of the species Bore­                                           4 824  4 756   2 720  2 376
 ogadus saida, originating in Norway; whereas, therefore,
the tariff quota in question should be opened for the
period 1 January to 31 December 1988 ;
                                                                        Whereas, during the years under consideration, the
Whereas the Community has adopted, with effect from                      products in question were imported only by certain
 1 January 1988 , a combined nomenclature for goods                      Member States and not at all by the other Member
which meets the requirements of the Common Customs                       States ; whereas in these circumstances initial shares
Tariff and the nomenclature of goods for the external                    should be allocated to the importing Member States and
 trade statistics of the Community and Statistics of trade               the other Member States should be guaranteed access to
 between Member States ; whereas in order to accom­                      the tariff quota when imports into those States of the
 modate specific Community measures this nomenclature                    products concerned are notified ; whereas these
 been expanded into an integrated tariff of the European                 arrangements for allocation will equally ensure the
 Communities (TARIC); whereas, with effect from the                      uniform application of the Common Customs Tariff;
 abovementioned date, the combined nomenclature and,
 where appropriate, the TARIC code numbers should be
 used for the description of the products covered by this                Whereas, in view of these factors, the initial percentage
 Regulation ;                                                            shares of the quota volume can be expressed approxi­
                                                                         mately as follows :
 Whereas equal and continuous access to the quota                                   Denmark
 should be ensured for all importers and the rate laid                                                               0,85
                                                                                    Greece                           0,11
 down for the quota should be applied consistently to all
 imports until the quota is used up ; whereas, in the light                         Spain                            0,38
                                                                                    France                           0,86
 of these principles, allocation of the tariff quota among
 the Member States would seem to preserve the                                       Italy                           97,80 .
 Community nature of the quota ; whereas, in order to
 correspond as closely as possible to the actual devel­                  Whereas, to allow for import trends for the products
 opment of the- market in the said product, the allocation               concerned, the quota volume should be divided into two
 should reflect proportionately the requirements of the                  parts, the first being allocated among the Member States
 Member States calculated with reference to statistics of                 and the second held as a reserve to cover any subsequent
                                                                         requirements of Member States which have used up their
  0) OJ No L 328 , 22 . 11 . 1986, p. 76 .                               initial share ; whereas, to afford importers some degree
 ---pagebreak--- No L 382 / 10                             Official Journal of the European Communities                                        31 . 12 . 87
of certainty, the first part of the tariff quota should be              concerned return a significant proportion thereof to the
set at a high level, which in this case could be 67 % of                reserve in order to prevent part of the Community tariff
the quota volume ;                                                      quota from remaining unused in one Member State while
                                                                        it could be used in others ;
Whereas initial shares may be used up at different rates ;
whereas, in order to avoid any break in the continuity of               Whereas, since the Kingdom of Belgium, the Kingdom
supplies on this account, it should be provided that any                of the Netherlands and the Grand Duchy of
Member State which has almost used up its initial share                 Luxembourg are united within and jointly represented by
should draw an additional share from the reserve ;                      the Benelux Economic Union, any measure concerning
whereas, each time its additional share is almost used up,              the    administration of the       shares allocated to that
a Member State should draw a further share and so on                    economic union may be carried out by any one of its
as many times as the reserve allows ; whereas the initial               members,
and additional shares must be valid until the end of the
quota period ; whereas this form of administration
                                                                        HAS ADOPTED THIS REGULATION :
requires close cooperation between the Member States
and the Commission and the latter must be able to
monitor the extent to which the quota volume has been                                              Article 1
used up and inform the Member States accordingly;
                                                                         1 . From 1 January to 31 December 1988 the customs
Whereas if at a given date in the quota period a                        duty applicable to imports of the following product shall
considerable quantity of a Member State's initial share                 be suspended at the level indicated and within the limits
remains unused, it is essential that the Member State                   of a Community tariff quota as shown herewith :
    Order No        CN code                                 Description                           Quota volume          Rate of duty
                                                                                                     (tonnes)               (%)
    09.0709        0305 30 19        Fillets of cod of the species Gadus morhua and Gadus             3 000                   0
                                     ogac, and fish fillets of the species Boreogadus saida,
                                     dried, salted or in brine, originating in Norway
Within the limits of this tariff quota, the Kingdom of                   2. The first part of this quota shall be allocated among
Spain and the Portuguese Republic shall apply duties of                  certain member States. The quota shares shall, subject to
4,3 % and 0 % respectively.                                             Article 5 , be valid until 31 December 1988 and shall be
                                                                         as follows :
                                                                                                                  (in tonnes)
2. Imports of the products in question shall not be                                 Denmark                                17
eligible under the tariff quota referred to in paragraph 1                          Greece                                  2
 unless the free-at-frontier-price, which is determined by
the Member States in accordance with Article 21 of                                  Spain                                   8
                                                                                    France                                 17
 Regulation (EEC) No 3796/ 81 (x) as last amended by
Regulation (EEC) No 2315 / 86 (2) is at least equal to the                          Italy                              1 956 .
reference price set or to be set by the Community for the
product or categories of products under consideration.
                                                                         3.    The second part of the quota, amounting to 1 000
                                                                         tonnes, shall constitute the reserve.
 3.    The Protocol on the definition of the concept of
 originating products and on methods of administrative
 cooperation, annexed to the Agreement between the                       4. If an importer indicates that a consignment of the
 European Economic Community and the Kingdom of                          products in question is to be imported into a Member
 Norway, shall apply.                                                    State not included in the initial allocation and applies to
                                                                         use the quota, the Member State concerned shall inform
                                                                         the Commission and draw an amount corresponding to
                                                                         its requirements to the extent that the available balance
                                                                         of the reserve so permits .
                           Article 2
 1.    The tariff quota referred to in Article 1 ( 1 ) shall be                                     Article 3
 divided into two parts .                                                 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 proportion returned to the reserve pursuant to
 O OJ No L 379, 31 . 12 . 1981 , p. 1 .                                  Article 5 , it shall forthwith, by notifying the
 O OJ No L 202, 25. 7. 1986, p. 1 .                                      Commission, and to the extent that the reserve so
 ---pagebreak--- 31 . 12 . 87                          Official Journal of the European Communities                           No L 382 / 11
permits, draw a second share, equal to 10 % of its initial                                 Article 6
share, rounded up where necessary to the next whole              The Commission shall keep an account of the shares
number.
                                                                 opened by the Member States pursuant to Articles 2 and
                                                                 3 and shall, as soon as the information reaches it, inform
2.    If, after its initial share has been used up, a            each State of the extent to which the reserve has been
Member State has used 90 % or more of the second
                                                                 used up.
share as well, it shall forthwith, using the procedure
provided for in paragraph 1 , draw a third share equal to        It shall, not later than 5 October 1988 , inform the
5 % of its initial share, rounded up where necessary to          Member States of the amount still in reserve, following
the next whole number.                                           any return of shares pursuant to Article 5.
                                                                 It shall ensure that the drawing which exhausts the
3.    If, after its second share has been used up, a             reserve does not exceed the balance available, and to this
Member State has used 90 °/o or more of its third share,         end shall notify the amount of that balance to the
it shall, using the procedure provided for in paragraph 1 ,      Member State making the last drawing.
draw a fourth share equal to the third.
                                                                                           Article 7
This process shall apply until the reserve is used up.
                                                                 1 . The Member States shall take all appropriate
4. By way of derogation from paragraphs 1 , 2 and 3,             measures to ensure that additional drawings of shares
Member States may draw shares lower than those                   pursuant to Article 3 are carried out in such a way that
specified in those paragraphs if there are grounds for           imports may be charged without interruption against
believing that they may not be used in full. Member              their accumulated shares of the Community quota.
States shall inform the Commission of their reasons for
applying this paragraph.                                         2 . The Member States shall ensure that importers of
                                                                 the product in question have free access to the shares
                                                                 allocated to them .
                           Article 4
                                                                 3. The Member States shall charge imports of the
                                                                 product in question against their shares as and when the
Additional shares drawn pursuant to Article 3 shall be           product is entered with the customs authorities for free
valid until 31 December 1988 .                                   circulation.
                                                                 4 . The extent to which a Member State has used up
                                                                 its share shall be determined on the basis of the imports
                           Article 5                             charged in accordance with paragraph 3 .
Member States shall, not later than 1 October 1988 ,                                       Article 8
return to the reserve the unused portion of their initial
share which, on 15 September 1988 , is in excess of 20 %         At the request of the Commission, the Member States
of the initial volume. They may return a greater portion         shall inform it of imports actually charged against their
if there are grounds for believing that it may not be used       quota shares .
in full .
                                                                                           Article 9
Member States shall, not later than 1 October 1988 ,             Member States and the Commission shall cooperate
notify the Commission of the total quantities of the             closely to ensure that this Regulation is complied with.
product in question imported up to and including 15
September 1988 and charged against the Community                                          Article 10
 quota and of any portion of their initial shares returned
to the reserve .                                                 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, 21 December 1987 .
                                                                                     For the Council
                                                                                       The President
                                                                                       B. HAARDER