CELEX: 31986R4023
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4023/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain prepared or conserved fish, originating in Norway, falling within subheading 16.04 G II of the Common Customs Tariff (1987)

Official Journal of the European Communities                                 No L 375 / 19
31 . 12 . 86
                                            COUNCIL REGULATION ( EEC ) No 4023 / 86
                                                          of 16 December 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                  certain prepared or conserved fish, originating in Norway, falling within subheading 16.04 G II
                                                  of the Common Customs Tariff ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Whereas , during the years under consideration , the products
                                                                        in question were imported only by certain Member States and
Having regard to the Treaty establishing the European                   not at all by the other Member States ; whereas , under these
Economic Community , and in particular Article 113                      circumstances , initial shares should be allocated to the
thereof,                                                                importing Member States and the other Member States
                                                                        should be guaranteed access to the benefit of the tariff quota
Having regard to the Act of Accession of Spain and                      upon imports into those States of the products concerned
Portugal ,                                                              being notified ; whereas these arrangements for allocation
Having regard to the proposal from the Commission ,                     will equally ensure the uniform application of the Common
                                                                        Customs Tariff;
Whereas an Agreement between the European Economic
Community and the Kingdom of Norway was concluded on
14 May 1973 ;                                                           Whereas , taking account of these factors , the initial
                                                                        percentage shares in the quota volume can be set
Whereas the aforesaid agreement in particular provides for              approximately as follows :
the opening of a Community tariff quota at a reduced rate of
duty for certain prepared or conserved fishery products                         Benelux                                     0,29
originating in Norway ; whereas therefore the tariff quota                      Denmark                                     1,08
in question should be opened for the period 1 January to                        Germany                                     0,88
31 December 1987 ;                                                              France                                     73,68
                                                                                Italy                                       1,45
Whereas equal and continuous access to the quota should be
                                                                                United Kingdom                             22,58 ;
ensured for all importers and the rate of levy for the tariff
quota should be applied consistently to all imports until the
 quota is used up ; whereas , in the light of the principles
outlined above , a Community tariff arrangement based on an             Whereas , to take account of the possible import trends for
 allocation between the Member States would seem to                      these products , the quota volume should be divided into two
preserve the Community nature of the quota ; whereas , to                instalments , the first being allocated between the Member
 represent as closely as possible the actual development of the          States and the second held as a reserve to cover any
market in the said products , the allocation should follow               subsequent requirements of Member States which have used
 proportionately the requirements of the Member States                   up their initial share ; whereas to afford importers some
 calculated both from statistics of imports from Norway                  degree of certainty , the first instalment of the tariff quota
 during a representative reference period and according to the           should be fixed at a high level , which in this case could be
 economic outlook for the tariff year in question ;                      80 % of the amount of the quota ;
 Whereas , during the last years for which statistics are
 available , imports , in tonnes , into each of the Member States        Whereas initial shares may be used up at different rates ;
 were as follows :                                                       whereas , to avoid disruption of supplies on this account , it
                                                                         should be provided that any Member State which has almost
                                                          (in tonnes)    used up its initial share should draw an additional share frorti
                                                                         the reserve ; whereas , each time its additional share is almost
                                       1983       1984      1985
                                                                         used up , a Member State should draw a further share and so
                                                                         on as many times as the reserve allows ; whereas the initial
 Benelux                                 10           0        11
                                                                         and additional shares should be valid until the end of the
 Denmark                                 31         41          7
                                                                         quota period ; whereas this form of administration requires
 Germany                                 27         15         22        close collaboration between the Member States and the
 Greece                                   0           0         0        Commission and the Commission must be in a position to
 Spain                                    0           0         3        keep account of the extent to which the quotas have bgen
 France                               2 087      1 690     1 604         used up and to inform the Member States accordingly ;
 Ireland                                  0           0         0
 Italy                                    0           0       106
                                          0  ,        0         0
                                                                         Whereas , if at a given date in the quota period a considerable
 Portugal
                                        795        500        354
                                                                         quantity of a Member State's initial share remains unused , it
 United Kingdom                                                          is essential that such a Member State should return a
                                      2 950      2 246     2 107
                                                                         significant proportion thereof to the reserve , in order to
                                                                         prevent a part of the Community tariff quota from remaining
 ---pagebreak--- No L 375 / 20                              Official Journal of the European Communities                                            31 . 12 . 86
unused in one Member State while it could be used in                        HAS ADOPTED THIS REGULATION :
others ;
Whereas , since the Kingdom of Belgium , the Kingdom of the                                               Article 1
Netherlands and the Grand Duchy of Luxembourg are united
within and jointly represented by the Benelux Economic                      1.      From 1 January to 31 December 1987 the Common
Union, any measure concerning the administration of the                     Customs Tariff duty on the following product originating in
shares allocated to that economic union may be carried out                  Norway shall be suspended at the level and within the limit of
by any one of its members ,                                                 the Community tariff quota shown herewith :
                                                                                                                 Quota             Rate
         Order                 CCT
                                                                  Description                                   volume            of duty
          No                heading No                                                                       ( in tonnes )          (% )
       09.0711                16.04        Prepared or preserved fish , including caviar and caviar
                                           substitutes :
                                           G. Other :
                                              ex II . Other , excluding smoked saithe                             400                10
Within the limits of this tariff quota , the Kingdom of Spain               3.      The second instalment of the quota , being 80 tonnes ,
and the Portuguese Republic shall apply duties of 12,9 % and                shall constitute the reserve .
25 % respectively .
                                                                            4.      If an importer notifies the imminent import of the
2.      Imports of the products in question shall not benefit               products in question into a Member State which does not
from the tariff quota referred to in paragraph 1 unless the                 participate in the initial allocation and requests the benefit of
free-at-frontier-price , which is determined by the Member                  the quota , the Member State concerned shall inform the
States according to Article 21 of Council Regulation ( EEC )                Commission and draw an amount corresponding to these
No 3796 / 81 of 29 December 1981 on the common
                                                                            requirements to the extent that the available balance of the
organization of the market in fishery products ( 1 ), as last               reserve so permits .
amended by Regulation ( EEC ) No 2315 / 86 ( 2 ), is at least
equal to the reference price if such a price has been fixed by
the Community for the product or categories of products
under consideration .
                                                                                                          Article 3
3.      The Protocol on the definition of the concept of
originating products and on methods of administrative                        1.     If a Member State has used 90 % or more of its initial
cooperation , annexed to the Agreement between the                          share as fixed in Article 2 ( 2 ), or of that share minus any
European Economic Community and the Kingdom of                              proportion returned to the reserve pursuant to Article 5 , it
Norway , shall be applicable .                                               shall forthwith , by notifying the Commission , draw a second
                                                                             share , to the extent that the reserve so permits , equal to 10 %
                                                                            of its initial share , rounded up as necessary to the next whole
                               Article 2                                    number .
1.      The tariff quota laid down in Article 1 ( 1 ) shall be               2.     If a Member State , after exhausting its initial share , has
divided into two instalments .                                               used 90 % or more of the second share drawn by it , that
                                                                            Member State shall forthwith , in the manner and to the
2.      A first instalment of this quota shall be allocated                  extent provided in paragraph 1 , draw a third share equal to
among certain Member States . The respective shares , which ,                5 % of its initial share , rounded up as necessary to the whole
subject to Article 5 , shall be valid until 31 December 1987 ,               number.
shall be as follows :
                                                 (in tonnes)                 3.     If a Member State , after exhausting its second share,
         Benelux                                           1                 has used 90 % or more of the third share drawn by it, that
         Denmark                                           3                 Member State shall , in the manner and to the extent provided
         Germany                                           3                 in paragraph 1 , draw a fourth share equal to the third .
         France                                          236
         Italy                                             5
                                                                             This process shall apply until the reserve is used up .
         United Kingdom                                   72 .
(>) OJ No L 379 , 31 . 12 . 1981 , p. 1 .                                    4.     By way of derogation from paragraphs 1 , 2 and 3 , a
( 2 ) OJ No L 202 , 25 . 7 . 1986 , p. 1 .                                   Member State may draw shares lower than those specified in
 ---pagebreak---                                                                                                                         No L 375 / 21
31 . 12 . 86                                Official Journal of the European Communities
those paragraphs if there are grounds for believing that those          notify the amount of that balance to the Member State
specified may not be used in full. Any Member State applying            making the last drawing .
this paragraph shall inform the Commission of its grounds
for so doing .
                                                                                                   Article 7
                               Article 4                                1.     The Member States shall take all appropriate measures
                                                                        to ensure that additional shares drawn pursuant to Article 3
Additional shares drawn pursuant to Article 3 shall be valid            are opened in such a way that importations may be charged
until 31 December 1987 .                           ^                    without interruption against their accumulated shares of the
                                                                        Community quota .
                               Article 5
                                                                        2.     The Member State shall ensure that importers of the
                                                                        product in question have free access to the shares allocated to
                                                                        them .
 Member States shall , not later than 1 October 1987, return
 to the reserve the unused portion of their initial share which ,        3.    The Member States shall charge imports of the product
 on 15 September 1987 is in excess of 20% of the initial                 in question against their shares as and when the product is
 volume. They may return a greater portion if there are                  entered with the customs authorities for free circulation .
 grounds for believing that it may not be used in full .
                                                                         4.     The extent to which a Member State has used up its
 Member States shall , not later than 1 October 1987 , notify            share shall be determined on the basis of the imports charged
 the Commission of the total quantities of the product in                in accordance with paragraph 3 .
 question imported up to and including 15 September 1987
 and charged against the Community quota and of any
 portion of their initial shares returned to the reserve.                                          Article 8
                               Article 6
                                                                         At the request of the Commission, the Member States shall
                                                                       « inform it of imports actually charged against their shares .
 The Commission shall keep an account of the shares opened
 by the Member States pursuant to Articles 2 and 3 and shall ,                                     Article 9
  as soon as the information reaches it , inform each State of the
  extent to which the reserve has been used up .
                                                                         Member States and the Commission shall cooperate closely
  It shall , not later than 5 October 1987 , inform the Member            to ensure that this Regulation is complied with .
  States of the amount still in reserve , following any return of
  shares pursuant to Article 5 .
                                                                                                   Article 10
  It shall ensure that the drawing which exhausts the reserve
  does not exceed the balance available , and to this end shall           This Regulation shall enter into force on 1 January 1987 .
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States .
                      Done at Brussels , 16 December 1986 .
                                                                                                      For the Council
                                                                                                       The President
                                                                                                         G. HOWE