CELEX: 31988R4183
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4183/88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for frozen cod (gadus morhua) fillets

31 . 12 . 88                              Official Journal of the European Communities                                    No L 368 / 7
                                         COUNCIL REGULATION (EEC) No 4183 / 88
                                                         of 16 December 1988
                  opening and providing for the administration of a Community tariff quota for frozen cod
                                                        ( Gadus morhua) fillets
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 countries during a representative reference period and the
                                                                          economic outlook for the quota year in question ;
                                                                          Whereas if, during the quota period , the tariff quota is
Having regard to the Treaty establishing the European                     almost totally used up , it is indispensable that Member
Economic Community, and in particular Article 113                         States return to this quota the entirety of the drawings
thereof,                                                                  made which have not been used, in order to avoid one part
                                                                          of the Community tariff quota remaining unused in one
                                                                          Member State when it could be used in others;
Having regard to the proposal from the Commission,
                                                                          Whereas since the Kingdom of Belgium, the Kingdom of
                                                                          the Netherlands and the Grand Duchy of Luxembourg are
                                                                          united within and jointly represented by the Benelux
Whereas the Community has undertaken to open an annual                    Economic union , any operation concerning the
Community tariff quota at 8 % duty for 10 000 tonnes of                   administration of the quota share levied by that economic
frozen fillets of cod of the Gadus morhua species ; whereas               union may be carried out by any one of its members ,
the tariff quota concerned should be opened on 1 January
1989 ;
                                                                          HAS ADOPTED THIS REGULATION :
Whereas equal and continuous access to the quota should
be ensured for all Community importers and the rate laid
down for the quota should be applied consistently to all
imports until the quota is used up; whereas, in the light of
these principles, allocation of the tariff quota among the                                            Article 1
Member States would seem to preserve the Community
nature of the quota; whereas, in order to correspond as                   1 . From 1 January to 31 December 1989 , the customs
closely as possible to the actual development of the market ,             duty applicable to imports of the following products shall
the allocation should reflect the requirements of the                     be suspended at the level indicated and within the limits of
Member States based on statistics of imports from third                   a Community tariff quota as shown below:
                                                                                                               Quota        Rate of
   Order
     No
                  CN code                                     Description                                     volume         duty
                                                                                                             ( tonnes )      (% )
  09.0011      ex 0304 20 29      Frozen cod fillets (Gadus morhua)                                          10 000            8
2 . Within the limits of this tariff quota , the Kingdom of               2 . Without prejudice to Article 3 , shares drawn pursuant
Spain and the Portuguese Republic shall apply customs                     to paragraph 1 shall be valid until the end of the quota
duties calculated in accordance with the relevant provisions              period.
laid down by the 1985 Act of Accession.
                                                                                                      Article 3
                           Article 2
                                                                          1 . Once at least 80 % of the tariff quota as defined in
1 . If an importer gives notification of imminent imports of              Article 1 ( 1 ) has been used up , the Commission shall notify
the product in question into a Member State and applies to                the Member States thereof,
take advantage of the quota, the Member State concerned
shall inform the Commission and draw an amount                            2 . It shall also notify Member States in this case of the
corresponding to its requirements to the extent that the                  date from which drawings on the tariff quota must be made
available balance of the quota so permits.                                according to the following provisions:
 ---pagebreak---   No L 368 / 8                             Official Journal of the European Communities                                 31 . 12 . 88
  If an importer presents in a Member State a declaration of                                    Article 4
  entry into free circulation including a request for
  preferential benefit for a product covered by this                  1 . Member States shall take all appropriate measures to
  Regulation, and if this declaration is accepted by the              ensure that their drawings pursuant to Article 2 ( 1 ) enable
  customs authorities, the Member State concerned shall               imports to be charged without interruption against their
  draw from the tariff quota, by means of notification to the         accumulated shares of the Community quota .
  Commission , a quantity corresponding to these needs.
                                                                      2 . Each Member State shall ensure that importers of the
                                                                      product concerned have free access to the quota for such
  The requests for drawing, with the indication of the date of        time as the residual balance of the quota volume so
  acceptance of the said declaration, must be communicated            permits .
  to the Commission without delay.
                                                                      3 . Member States shall charge imports of the product
                                                                      concerned against their drawings as and when the goods
  The drawings are granted by the Commission on the basis             are   entered  with   the   customs   authorities   for    free
  of the date of acceptance of the declaration of entry into          circulation .
  free circulation by the customs authorities of the Member
  State concerned, to the extent that the available balance so
  permits .                                                           4 . The extent to which the quota has been used up shall
                                                                      be determined on the basis of the imports charged in
                                                                      accordance with paragraph 3 .
  If a Member State does not use the quantities drawn, it
  shall return them as soon as possible to the tariff quota .                                   Article 5
                                                                      At the request of the Commission , Member States shall
  If the quantities requested are greater than the available          inform it of imports of the product concerned actually
  balance of the quota , allocation shall be made on a pro rata       charged against the quota .
  basis with respect to the requests. Member States shall be
  informed by the Commission in accordance with the same
  procedures.                                                                                   Article 6
                                                                      The Member States and the Commission shall cooperate
. 3 . Within a time limit laid down by the Commission                 closely to ensure that this Regulation is complied with .
  starting from the date referred to in the first subparagraph
  of paragraph 2 , Member States shall be required to return
  to the tariff quota all the quantities which have not been                                    Article 7
  used on that date, within the meaning of Article 4 ( 3 )
  and (4).                                                            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