CELEX: 31989R0530
Language: en
Date: 1989-02-27 00:00:00
Title: Council Regulation (EEC) No 530/89 of 27 February 1989 opening and providing for the administration of Community tariff quotas for cod and fish of the species boreogadus saida, dried, salted or in brine, originating in Norway (1989)

2. 3 . 89                               Official Journal of the European Communities                                  No L 59 /7
                                      COUNCIL REGULATION (EEC) No 530/89
                                                       of 27 February 1989
                 opening and providing for the administration of Community tariff quotas for
                 cod and fish of the species Boreogadus saida, dried, salted or in brine,
                                                 originating in Norway ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                the Member States until the quotas are exhausted ;
                                                                        whereas, it should not be allocated among the Member
Having regard to the Treaty establishing the European                   States, without prejudice to the drawing against the quota
Economic Community, and in particular Article 113
thereof,
                                                                        volumes of such quantities as they may need, under
                                                                        conditions and according to a procedure to be
Having regard to the Act of Accession of Spain and                      determined ; whereas this method of administration
Portugal,                                                               requires close cooperation between the Member States
Having regard to the proposal from the Commission,                      and the Commission and the latter must in particular be
                                                                        able to monitor the rate at which the quotas are used and
Whereas an Agreement between the European Economic                       inform the Member States accordingly ;
Community and the Kingdom of Norway was concluded
on 14 May 1973 ; whereas, consequent on the accession of                Whereas since the Kingdom of Belgium, the Kingdom of
the Kingdom of Spain and the Portuguese Republic to                      the Netherlands and the Grand Duchy of Luxembourg
the Community, an Agreement in the form of Exchanges                     are united within and jointly represented by the Benelux
of Letters was concluded and approved by Decision                        Economic Union, any operation concerning the adminis­
86/557/EECC);                                                            tration of the quota shares allocated to that economic
Whereas, the latter Agreement provides for the opening,                  union may be carried out by any one of its members,
on a date to be fixed by common accord, of Community
tariff quotas at reduced or zero duty for cod and fish of                HAS ADOPTED THIS REGULATION :
the species Boreogadus saida originating in Norway ;
whereas the tariff quotas in question should therefore be                                         Article 1
opened for the period agreed from 1 April to 31
December 1989 ;                                                           1 . From 1 April to 31 December 1989, the customs
Whereas equal and continuous access to the said quotas                   duties applicable to imports of the following products
should be ensured for all Community importers and the                    originating in Norway shall be suspended at the levels
rates laid down for the quotas should be applied consis­                 indicated and within the limits of Community tariff
tently to all imports of the products in question into all               quotas as shown below :
                                                                                                            Volume         Rate
     Order No      CN code                                     Description                                  of quota      of duty
                                                                                                            (tonnes)        (%)
                   0305          Fish, dried, salted or in brine ; smoked fish, whether or not cooked
                                 before or during the smoking process ; fish meal fit for human
                                 consumption :
                                 — Dried fish, whether or not salted but not smoked :
                   0305 51       — — Cod (Gadus morbua, Gadus ogac, Gadus macrocephalus) :
     09.0707    ex 0305 51 10    — — — Dried, unsalted :
                                           — Excluding of cod of the species (Gadus macrocephalus             3 900          0
                    0305 59      — — Other :
                                 — — — Fish of the species Boreogadus saida :
                   0305 59 11    — — — — Dried, unsalted
                    0305 51      — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus):
     09.0703    ex 0305 51 90    — — — Dried, salted :
                                           — Excluding cod of the species Gadus macrocephalus                                0
                                                                                                             13 250
                    0305 59      — — Other :
                                 — — — Fish of the species Boreogadus saida :
                    0305 59 19   — — — — Dried, salted
                                 — Fish, salted but not dried or smoked and fish in brine :
      09.0705   ex 0305 62 00    — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) :
                                 — Excluding the species Gadus macrocephalus                                 10 000          0
                    0305 69      — — Other :
                    0305 69 10   — — — Fish of the species Boreogadus saida
 (') OJ No L 328, 22. 11 . 1986, p. 76.
 ---pagebreak--- No L 59/8                                Official Journal of the European Communities                                 2. 3 . 89
Within the limits of the above tariff quotas the Kingdom           the Member States concerned to the extent that the
of Spain and the Portuguese Republic shall apply duties            available balance so permits.
of 3,4 and 0 % respectively.
                                                                   If a Member State does not use the quantities drawn, it
2. Where the Community has fixed a reference price                 shall return them as soon as possible to the corresponding
                                                                   quota amount.
for the products or categories of products concerned,
imports of those products shall benefit from the quotas            If the quantities requested are greater than the available
referred to in paragraph 1 only if the free-a-frontier price       balance of the quota amount, allocation shall be made on
determined by the Member States in accordance with                 a pro rata basis with respect to the requests. Member
Article 21 of Regulation (EEC) No 3796/81 ('), as last             States shall be informed thereof by the Commission.
amended by Regulation (EEC) No 3468/88 (2), is at least
equal to the reference price.
                                                                                             Article 4
3.    The Protocol concerning the definition of the                 1 . Member States shall take all appropriate measures to
concept of 'originating products' and methods of adminis­          ensure that their drawings pursuant to Article 3 enable
trative cooperation annexed to the Agreement between               imports to be charged without interruption against their
the European Economic Community and the Kingdom of                 accumulated shares of the Community quota.
Norway shall apply.
                                                                   2.     Each Member State shall ensure that importers of
                                                                    the products concerned have free access to the quotas for
                          Article 2                                such time as the residual balance of the quota volumes so
                                                                    permits.
The tariff quota referred to in Article 1 shall be managed          3. Member States shall charge imports of the said
by the Commission, which may take all appropriate                   products against their drawings as and when such
administrative measures in order to ensure effective
administration thereof.
                                                                    products are entered with the customs authorities for free
                                                                    circulation.
                                                                    4. The extent to which the quotas have been used up
                          Article 3                                 shall be determined on the basis of the imports charged
                                                                    in accordance with paragraph 3.
If an importer presents in a Member State a declaration of
entry into free circulation, including a request for benefit                                  Article 5
under the preferential system for a product covered by
this Regulation and if this request is accepted by the              At the request of the Commission, Member States shall
customs authorities, the Member States concerned shall              inform it of imports actually charged against their quota
 inform the Commission and draw an amount corres­                   shares.
 ponding to its requirements from the quota volume.
                                                                                              Article 6
The drawing requests, with indication of the date of
 acceptance of the said declarations, must be transmitted           The Member States and the Commission shall cooperate
 to the Commission without delay.                                   closely to ensure that this Regulation is complied with.
The drawings shall be granted by the Commission by                                            Article 7
 reference to the date of acceptance of the declarations of
 entry into free circulation by the customs authorities of          This Regulation shall enter into forcer on 1 April 1989.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 27 February 1989.
                                                                                 For the Council
                                                                                  The President
                                                                                   P. SOLBES
 (') OJ No L 379, 31 . 12. 1981 , p. 1 .
 O OJ No L 305, 10. 11 . 1988, p. 1 .