CELEX: 31987R4086
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4086/87 of 21 December 1987 opening, allocating and providing for the administration of Community tariff quotas for certain fishery products originating in Sweden (1988)

No L 382 / 12                           Official Journal of the European Communities                                            31 . 12 . 87
                                      COUNCIL REGULATION (EEC) No 4086/87
                                                       of 21 December 1987
                 opening, allocating and providing for the administration of Community tariff quotas for
                                    certain fishery products originating in Sweden ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Tariff and the external trade statistics of the Community
                                                                      and statistics of trade between Member States ; whereas,
Having regard to the Treaty establishing the European                 in order to accommodate specific Community measures,
Economic Community, and in particular Article 113                     this nomenclature has been expanded into an integrated
thereof,                                                              tariff of the European Communities (TARIC); whereas,
                                                                      with effect from the abovementioned date, the combined
Having regard to the Act of Accession of Spain and                     nomenclature and, where appropriate, the TARIC code
Portugal,                                                              numbers should be used for the description of the
                                                                       products covered by this Regulation ;
Having regard to the proposal from the Commission,
                                                                       Whereas equal and continuous access to the quotas
Whereas an agreement between the European Economic                     should be ensured for all Community importers and the
Community and Sweden was concluded on 22 July 1972 ;                   rates laid down for the quotas should be applied consist­
whereas, following the accession of Spain and Portugal                 ently to all imports until the quotas are exhausted ;
to the Community, an Agreement in the form of an                       whereas, in the light of these principles, allocation of the
Exchange of Letters was concluded and approved by                      tariff quotas among the Member States would seem to
Decision 86/558 /EEC (x);
                                                                       preserve the Community nature of the quotas ; whereas,
                                                                       in order to correspond as closely as possible to the real
Whereas the said Agreement provides for the opening of                 trend of the market, the allocation should reflect the
Community tariff quotas at a reduced rate of duty or at                requirements of the Member States based on statistics of
zero duty, for certain fishery products originating in                 imports from Sweden during a representative reference
 Sweden ; whereas, therefore, the tariff quotas in question
                                                                       period and on the economic outlook for the quota year
 should be opened for the period 1 January to 31                       in question ;
 December 1988 ;
Whereas the Community has adopted, with effect from                    Whereas, during the last three years for which statistics
 1 January 1988 , a combined nomenclature for goods                    are available, imports into each of the Member States
which meets the requirements of the Common Customs                     were as follows :
                                                                                                                       (tonnes)
                                                 Cod, saithe,
                                                  haddock,                  Fillets of cod,           Caviar substitutes
                                                  fresh or                 fresh or frozen
                      Member State
                                                   chilled
                                          1984      1985       1986   1984        1985      1986   1984     1985       1986
              Benelux                        81        189       182       7         24          9      0        0          0
              Denmark                    23 280    20 288     18 568    222         392       270       1       19          1
              Germany                       152       413         32    113         128        43     38         6         22
              Greece                           0          0         0      0           0         0    20         7          4
              Spain                       3 001     2 021        742    997         985       276       3        5          5
              France                        273        158       170     42          24          4    33       23           5
              Ireland                          0          0         0      0           0         0      0        0          0
              Italy                            0          0         0      0           0         0      0        0          0
              Portugal                       37           0       20       0           0         0      0        0          0
              United Kingdom                502        516       454       0           0         0      1        0          0
                                         27 326    23 585     20 168  1 381       1 553       602     96       60          37
  o OJ No L 328 , 22. 11 . 1986, p. 89.
 ---pagebreak--- 31 . 12 . 87                           Official Journal of the European Communities                                             No L 382 / 13
                                                                                                                        (tonnes)
                                          Prepared or preserved           Other prepared or           Shrimps and prawns
                      Member State                 herring                   preserved fish
                                         1984        1985   1986       1984       1985       1986   1984      1985       1986
             Benelux                        11           10      15       75          66         52      0       17           0
              Denmark                       60           30     70        78          58         59      8         0         31
              Germany                      177          64      68        26          34         36    13          9         10
              Greece                          0           0       0         0          0          0      1         0          0
              Spain                           6           0       7         2          3          3      1         1          3
              France                          1           1     23          1          1          6    37          3          1
              Ireland                         0           0       0         0          0          0      0         0          0
              Italy                           0           0       0         0          0          0    41        62          58
              Portugal                        0           0       0         0          0          0      3         0          3
             United Kingdom                 10            9      14         3          2          0      0       12          16
                                           265         114     197       185        164         156   104       104         122
             Whereas during the years under consideration, the products in question were imported only by
              certain Member States and not at all by the other Member States ; whereas, under these
              circumstances, inital shares should be allocated to the importing Member States and the other
              Member States should be guaranteed access to the tariff quotas when notification is given of
              imports into those States of the products concerned ; whereas these arrangements for allocation
             will also ensure uniform application of the duties of the Common Customs Tariff;
             Whereas, in view of these factors, the initial percentage shares of the quota volumes can be
              expressed as follows :
                                                                                                                         (tonnes)
                                                  Cod,                                                 Other
                        Member State             saithe,
                                                            Fillets of      Caviar        Prepared    prepared       Shrimps
                                                haddock
                                                               cod        substitutes      herring       fish      and prawns
              Benelux                              0,64         1,13          0               6,25     38,22           5,15
              Denmark                            87,41       25,00           10,88          27,78      38,62          11,82
              Germany                              0,84        8,03          34,20          53,64      19,01           9,70
              Greece                               0           0             16,06            0          0             0,30
              Spain                                8,11      63,86            6,73            2,26       1,58          1,52
              France                               0,85         1,98         31,61            4,34       1,58         12,42
              Ireland                              0           0              0               0          0             0
              Italy                                0           0              0               0          0            48,79
              Portugal                             0,08        0              0               0          0             1,82
              United Kingdom                       2,07        0              0,52            5,73       0,99          8,48
Whereas, to allow for the trends of imports of the                      part of the tariff quotas should be set at a level which in
products concerned in the various Member States, the                    this case could be 60 % or 67 % of each quota volume ;
quota volumes should be divided into two parts, the first
being allocated among certain Member States and the
second held as a reserve to cover any subsequent                        Whereas the initial shares of the Member States may be
requirements of Member States which have used up their                  used up at different rates ; whereas, in order to avoid any
inital shares and any requirements which might arise in                 break in the continuity of supplies on this account, it
the other Member States ; whereas, to afford importers in               should be provided that any Member State which has
each Member State some degree of certainty, the first                   almost used up one of its initial shares should draw an
 ---pagebreak--- No L 382 / 14                         Official Journal of the European Communities                                  31 . 12 . 87
additional share from the corresponding reserve ;                    the Community .tariff quotas from remaining unused in
whereas, each time one of its additional shares is almost            one Member State when it could be used in others ;
used up, a Member State should draw a further share                  Whereas since the Kingdom of Belgium, the Kingdom of
and so on as many times as the reserve so allows ;                   the Netherlands and the Grand Duchy of Luxembourg
whereas each of the initial and additional shares must be
                                                                     are united within and jointly represented by the Benelux
valid until the end of the quota period ; whereas this               Economic Union, any operation concerning the adminis­
form of administration requires close cooperation                    tration of the quota shares allocated to that economic
between the Member States and the Commission and the
latter must be able to monitor the extent to which the
                                                                     union may be carried out by any one of its members,
quota volumes have been used up and inform the                       HAS ADOPTED THIS REGULATION :
Member States accordingly;
                                                                                             Article 1
Whereas if, at a given date in the quota period, a                    1 . From 1 January to 31 December 1988 , the customs
considerable quantity of a Member State's initial share              duty applicable to imports of the following products
remains unused, it is essential that the Member State                originating in Sweden shall be suspended at the levels
concerned should return a significant proportion thereof              indicated and within the limits of Community tariff
to the corresponding reserve in order to prevent part of              quotas as shown below :
     Order                                                                                  Quota volume       Rate of duty)
      No
                     CN code                             Description                           (tonnes)            (%)
                   0302           Fish, fresh or chilled, excluding fish fillets and other
                                  fish meat of heading No 0304 :
                                  — Cod (Gadus morhua, Gadus ogac, Gadus macroce­
                                     phalus), excluding livers and roes :
    09.0601    ex 0302 50 10                                                                     3 500               0
                                     — Of the species Gadus morhua
                                  — Other fish, excluding livers and roes :
                   0302 62 00     — Haddock (Melanogrammus aeglefinus)
                   0302 63 00     — Coalfish (Pollachius virens)
                   0304           Fish fillets and other fish meat (whether or not
                                  minced), fresh, chilled or frozen :
                   0304 10        — Fresh or chilled :
                                  — Fillets :
    09.0603                              Other :                                                 1 500               0
                ex 0304 10 31              Of cod (Gadus morhua, Gadus ogac, Gadus
                                           macrocephalus) and of fish of the species
                                           Boreogadus saida
                                           — Of the species Gadus morhua
                    1604           Prepared or preserved fish ; caviar and caviar
                                   substitutes prepared from fish eggs :
    09.0605                       — Fish, whole or in pieces, but not minced :                    250                0
                    1604 12        — Herrings :
                    1604 12 90            Other
                    1604 13        — Sardines, sardinella and brisling or sprats :
                    1604 13 90            Other
                    1604 19        — Other :
                                          Other :
     09.0607                                                                                       200                0
                    1604 19 99              Other
                    1604 20        — Other prepared or preserved fish :
                    1604 20 90     — Of other fish
 ---pagebreak--- 31 . 12 . 87                              Official Journal of the European Communities                                      No L 382 / 15
     Order
                        CN code                              Description                           Quota volume           Rate of duty
       No                                                                                             (tonnes)                (%)
    09.0609   l       160430           — Caviar and caviar substitutes :                         I
              \       1604 30 90       — Caviar substitutes                                              60                    0
                      1605             Crustaceans, molluscs and other aquatic invert            il
              Il||                     ebrates, prepared or preserved :                        Il
    09.0611        ex 1605 20 00       — Shrimps and prawns :                                  Il        120                  7,5
              IIIl                       — Shelled or frozen, excluding shrimps and            IlIl
                ||                           prawns of the Crangon variety
                                                                                                 \
2. Within the limits of the tariff quotas laid down in                   the Member States pursuant to Article 21 of Regulation
paragraph 1 , the Kingdom of Spain and the Portuguese                    (EEC) No 3796/ 81 ('), is at least equal to the reference
Republic shall apply the duties shown in the following                   price, if such a price has been fixed by the Community
table :                                                                  for the products in question.
                                                               0/0)
                                                                         4.      The protocol on the definition of the concept of
        Order No               Spain                Portugal             originating products and on methods of administrative
                                                                         cooperation, annexed to the Agreement between the
        09.0601                  0                     0                 European Economic Community and Sweden, shall be
        09.0603                  0                     0                 applicable.
        09.0605                  8,6                  18,8
        09.0607                  8,6                  18,8                                          Article 2
        09.0609                  8,6                  18,8
        09.0611                  6,6                  21,6               1 . The tariff quotas laid down in Article 1 ( 1 ) shall be
                                                                         divided into two parts.
                                                                         2. The first part of the quota shall be allocated among
3. Imports of the products in question may not be                        certain Member States ; the respective quota shares,
charged against the quotas referred to in paragraph 1                    which, subject to Article 5 , shall be valid until 31
unless the free-at-frontier price, which is determined by                December 1988 , shall be as follows :
                                                                                                                     (tonnes)
                                                 Order No     Order No      Order No   Order No     Order No    Order No
                         Member States
                                                   09.0601     09.0603       09.0605    09.0607      09.0609     09.0611
                Benelux                                13            11           10                      52            4
                Denmark                             1 836           250           46         4            52            9
                Germany                                18            80           89        14            26            8
                Greece                                 —             —           —
                                                                                             6            —
                                                                                                                        1
                Spain                                 170           639            4         2             2            1
                France                                 18            20            7        13             2          10
                Italy                                  —             —           —          —             —
                                                                                                                      39
                Portugal                                 2           —           —          —             —             1
                United Kingdom                         43            —             9         1             1            7
                                                    2 100        1 000          165         40           135          80
3.      The second part of the quota, amounting to :                     Member State not participating in the original allocation
                                                                         and applies to take advantage of the corresponding
—    for  Order    No : 09.0601 : 1 400 tonnes,                          quota the Member State concerned shall inform the
—    for  Order    No : 09.0603 : 500 tonnes,                            Commission and draw an amount corresponding to its
—    for  Order    No : 09.0605 :    85 tonnes,                          requirements to the extent that the available balance of
—    for  Order    No : 09.0607 :    20 tonnes,                          the reserve so permits.
—    for  Order    No : 09.0609 :    65 tonnes,                                                     Article 3
—    for  Order    No : 09.0611 :    40 tonnes,                          1.      If a Member State has used 90 % or more of one
shall constitute the reserve.                                            of one of its initial shares as specified in Article 2 (2), or
                                                                         of that share less any portion returned to the corre
4. If an importer gives notification of imminent
imports of one of the products in question into a                        C) OJ No L 379, 31 . 12. 1981 , p. 1 .
 ---pagebreak---                                            Official Journal of the European Communities                                31 . 12 . 87
No L 382 / 16
                                                                                                 Article 6
sponding reserve pursuant to Article 5, it shall forthwith,
by notifying the Commission and to the extent that the                The Commission shall keep account of the shares drawn
reserve so permits, draw a second share equal to 10 % of              by Member States pursuant to Article 2 and 3 and shall
its initial share, rounded up where necessary to the next             inform each Member State of the extent to which the
whole number.
                                                                      reserves have been used up as soon as it has been
                                                                      notified .
2.      If, after one of its initial quota shares has been used       It shall inform the Member States not later than 5
                                                                      October 1988 of the state of each of the reserves
up, a Member State has used 90 % or more of its second
share as well, it shall forthwith, using the procedure                following any return of quota shares pursuant to Article
                                                                      5.
provided for in paragraph 1 , draw a third share equal to
 5 % of the initial share, rounded up where necessary to
the next whole number.
                                                                      It shall ensure that the drawing which exhausts the
                                                                      reserve does not exceed the balance available, and to this
                                                                      end shall notify the amount of that balance to the
                                                                       Member State making the final drawing.
 3.     If, after its second share has been used up, a
 Member State has used 90 % or more of its third share,
 it shall, using the procedure provided for in paragraph 1 ,                                     Article 7
 draw a fourth share equal to the third.
                                                                       1 . Member States shall take all appropriate measures
                                                                       to ensure that additional drawings of shares pursuant to
                                                                       Article 3 enable imports to be charged without inter­
 This process shall continue until the reserve is used up.             ruption against their accumulated shares of the
                                                                       Community quotas .
                                                                       2.     Member States shall ensure that importers of the
 4. By way of derogation from paragraphs 1 , 2 and 3,                  products concerned have free access to the quotas shares
  Member States may draw smaller shares than those                     allocated to them .
  specified in the said paragraphs if there is reason to
 believe that they might not be used in full. Member
  States shall inform the Commission of their reasons for
  applying this paragraph.                                              3.    Member States shall charge imports of the products
                                                                        concerned against their shares as and when the goods
                                                                        are entered with the customs authorities for free circu­
                                                                        lation .
                              Article 4
                                                                        4.    The extent to which a Member State has used up
  Each of the additional shares drawn pursuant to Article               its shares shall be determined on the basis of imports of
  3 shall be valid until 31 December 1988 .                             the products concerned originating in Sweden and
                                                                        entered with the customs authorities for free circulation.
                               Article 5                                                          Article 8
   By 1 October 1988 at the latest Member States must                   At the request of the Commission, Member States shall
   return to the reserve the unused portion of their initial             inform it of imports actually charged against their quota
   share which, on 15 September 1988 , is in excess of 20 %              shares .
   of the inital volume. They may return a greater portion if
   there is reason to believe that it might not be used.
                                                                                                  Article 9
                                                                         The Member States and the Commission shall cooperate
   By 1 October 1988 at the latest Member States must                    closely to ensure that this Regulation is complied with.
   notify the Commission of the total quantities of the
   products concerned imported on or before 15 September
    1988 and charged against the Community quotas and of                                          Article 10
   any portion of their initial shares that they are returning
   to the reserve .                                                      This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak--- 31 . 12 . 87                     Official Journal of the European Communities                       No L 382 / 17
             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