CELEX: 31986R2058
Language: en
Date: 1986-06-30 00:00:00
Title: Council Regulation (EEC) No 2058/86 of 30 June 1986 opening, allocating and providing for the administration of a Community tariff quota for cod, wet, salted and falling within subheading ex 03.02 A I b) of the Common Customs Tariff

1.7.86                                 Official Journal of the European Communities                               No L 176 / 5
                                      COUNCIL REGULATION ( EEC) No 2058/86
                                                       of 30 June 1986
                 opening, allocating and providing for the administration of a Community tariff quota for
                 cod, wet, salted and falling within subheading ex 03.02 A I b) of the Common Customs
                                                             Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           HAS ADOPTED THIS REGULATION :
                                                                                                 Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28                    1.    From the date on which this Regulation enters into
                                                                    force until 31 December 1986 the Common Customs
thereof,
                                                                    Tariff duty for cod, wet, salted and falling within sub­
                                                                    heading ex 03.02 Alb) shall be suspended at a level of
                                                                    3 % within the limit of a Community tariff quota of
Having regard to the draft Regulation submitted by the              40 000 tonnes .
Commission,
                                                                    2. Within the limits of this tariff quota, the Kingdom
                                                                    of Spain and the Portuguese Republic shall apply
Whereas Community supplies of cod, wet, salted and                  customs duties calculated in accordance with the relevant
falling within subheading ex 03.02 A I b) of the                    provisions in the 1985 Act of Accession .
Common Customs Tariff currently depend on imports
from third countries ; whereas, on the basis of import              3 . Imports of the product in question shall not benefit
estimates   for   1986,   there   is no   doubt that the            from the quota referred to in paragraph 1 unless the
Community's needs will exceed the quantities provided               free-at-frontier price, which is determined by the
for in the Community tariff quotas opened until now for             Member States in accordance with Article 21 of Regu­
these products ; whereas it is in the Community's interest          lation (EEC) No 3796 / 81 ('), is at least equal to the
to suspend partially the Common Customs Tariff duty                reference price fixed, or to be fixed, by the Community
for the products in question, within an additional                  for the product under consideration or the category of
Community tariff quota of an appropriate volume ;                  the products concerned .
whereas, in order to ensure an adequate supply to satisfy
user industries, it is advisable to open this quota for the        4. Should an importer give notification of imminent
period until 31 December 1986 at a duty rate of 3 % and            importation of the product in a Member State and
to fix the volume thereof provisionally at 40 000 tonnes ;         request the benefit of the quota, the Member State
                                                                   concerned shall inform the Commission and draw an
                                                                   amount corresponding to its requirements to the extent
Whereas it is necessary, in particular, to ensure for all          that the available balance of the reserve so permits.
Community importers equal and uninterrupted access to
the rate laid down for the quota to all imports of the              5 . The shares drawn pursuant to paragraph 4 shall be
product concerned into all Member States until the                 valid until the end of the quota period .
quota has been used up ; whereas , however, since the
quota is to cover requirements which cannot be                                                   Article 2
determined with sufficient accuracy, it should not be
allocated among the Member States, without prejudice                1 . Member States shall take all appropriate measures
to the drawing against the quota volume of such                     to ensure that their drawings pursuant to Article 1 (4)
quantities as they may need, under the conditions and               are carried out in such a way that imports may be
according to a procedure to be determined ; whereas this            charged without interruption against their accumulated
method of management requires close cooperation                     shares of the Community quota.
between the Member States and the Commission and the
latter must in particular be able to monitor the rate at            2 . Each Member State shall ensure that importers of
which the quota is used up and inform the Member                    the said goods have access to the quota for such time as
States thereof;
                                                                    the residual balance of the quota volume so permits .
                                                                    3.    Member States shall charge imports of the said
Whereas, since the Kingdom of Belgium, the Kingdom                  goods against their drawings as and when the goods are
of the Netherlands and the Grand Duchy of Luxem­                    entered for free circulation .
bourg are united within and jointly represented by the
Benelux Economic Union, all transactions concerning
the administration of shares allocated to that economic
union may be carried out by any one of its members,                 (') OJ No L 379, 31 . 12 . 1981 , p. 1 .
 ---pagebreak--- No L 176/6                            Official Journal of the European Communities                                1.7.86
4. The extent to which the quota has been used up                                         Article 4
shall be determined on the basis of the imports charged          The    Member     States   and   the Commission    shall
in accordance with paragraph 3 .
                                                                 collaborate closely in order to ensure that this Regu­
                                                                 lation is complied with.
                                                                                          Article 5
                         Article 3
                                                                 This Regulation shall enter into force on the day
At the request of the Commission, Member States shall            following its publication in the Official Journal of the
inform it of imports actually charged against the quota.         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