CELEX: 31986R4022
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4022/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for fillets of cod, originating in Norway, falling within subheading 03.02 A II a) of the Common Customs Tariff (1987)

No L 375 / 16                                Official Journal of the European Communities                                     31 , 12 . 86
                                            COUNCIL REGULATION (EEC ) No 4022 / 86
                                                            of 16 December 1986
                  opening, allocating and providing for the administration of a Community tariff quota for fillets
                  of cod, originating in Norway, falling within subheading 03.02 A II a) 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
                                                                         will equally ensure the uniform application of the Common
Having regard to the proposal from the Commission ,                      Customs Tariff;
Whereas an Agreement between the European Economic
Community and the Kingdom of Norway was concluded on                     Whereas , taking account of these factors , the initial
14 May 1973 ;
                                                                         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 zero duty for
fillets of cod originating in Norway ; whereas therefore the                      Denmark                                    0,77
tariff quota in question should be opened for the period                          Germany                                    0,12
1 January to 31 December 1987 ;                                                   Greece                                     0,09
                                                                                  Spain                                      0,44
Whereas equal and continuous access to the quota should be                        France                                     0,77
ensured for all importers and the rate of levy for the tariff                     Italy                                     97,81 ;
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 three 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 from
                                                                          the reserve ; whereas , each time its additional share is almost
                                       1983       1984    1   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                                  0          0           0        and additional shares should be valid until the end of the
 Denmark                                 12         72          10
                                                                          quota period ; whereas this form of administration requires
 Germany                                 15          0           0        close collaboration between the Member States and the
 Greece                                   0          0          11        Commission and the Commission must be in a position to
 Spain                                   17         37           0        keep account of the extent to which the quotas have been
 France                                  29         58           8        used up and to inform the Member States accordingly ;
 Ireland                                  0          0           0
 Italy                                4 751      4 589       2 691
                                          0          0           0
                                                                          Whereas , if at a given date in the quota period a considerable
 Portugal
                                          0          0           0
                                                                           quantity of a Member State's initial share remains unused , it
 United Kingdom                                                            is essential that such a Member State should return a
                                      4 824      4 756       2 720
                                                                           significant proportion thereof to the reserve , in order to
                                                                          prevent a part of the Community tariff quota from remaining
 ---pagebreak--- 31 . 12 . 86                                 Official Journal of the European Communities                                            No L 375 / 17
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 products 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 :
                                 CCT                                                                                 Quota               Rate
          Order
                               heading                                 Description                                  volume              of duty
           No
                                  No                                                                               in tonnes              (% )
        09.0709                 03.02        Fish , dried , salted or in brine ; smoked fish , whether or
                                             not cooked before or during the smoking process :
                                             A. Dried , salted or in brine
                                                 II . Fillets :
                                                       a ) of cod (Gadus morhua, Boreogadus saida,
                                                           Gadus ogac)                                               3 000                 0
Within the limits of this tariff quota , the Kingdom of Spain                     3.      The second instalment of the quota , being 600 tonnes ,
and the Portuguese Republic shall aplly duties of 5,1 % and                       shall constitute the reserve .
0% respectively .
2.       Imports of the products in question shall not benefit                    4.      If an importer notifies the imminent import of the
from the tariff quota referred to in paragraph 1 unless the                       products in question into a Member State which does not
free-at-frontier-price , which is determined by the Member                        participate in the initial allocation and requests the benefit of
States according to Article 21 of Regulation { EEC ) No                           the quota , the Member State concerned shall inform the
3796 / 81 (*) as last amended by Regulation ( EEC ) No                            Commission and draw an amount corresponding to these
2315 / 86 ( 2 ) is at least equal to the reference price if such a                requirements to the extent that the available balance of the
price has been fixed by the Community for the product or                          reserve so permits .
categories of products under consideration .
3.       The Protocol on the definition of the concept of
originating products and on methods of administrative                                                          Article 3
cooperation , annexed to the Agreement between the
European Economic Community and the Kingdom of
Norway , shall be applicable .                                                     1.     If a Member State has used 90 % or more of its initial
                                                                                  share as fixed in Article 2 ( 2 ), or of that share minus any
                                                                                  proportion returned to the reserve pursuant to Article 5 , it
                                 Article 2                                        shall forthwith , by notifying the Commission , draw a second
                                                                                  share , to the extent that the reserve so permits , equal to 10 %
 1.      The tariff quota laid down in Article 1 ( 1 ) shall be                   of its initial share , rounded up as necessary to the next whole
divided into two instalments .                                                    number .
2.       A first instalment of this quota shall be allocated
among certain Member States . The respective shares which ,                       2.      If a Member State , after exhausting its initial share, has
subject to Article 5 , shall be valid until 31 December 1987 ,                    used 90% or more of the second share drawn by it , that
shall be as follows :                                                             Member State shall forthwith , in the manner and to the
                                                                                  extent provided in paragraph 1 , jdraw a third share equal to
                                                    (in tonnes)                   5 % of its initial share , rounded up as necessary to the whole
          Denmark                                             18                  number .
          Germany                                               3
          Greece                                                2
                                                                                  3.      If a Member State , after exhausting its second share ,
          Spain                                               11
                                                                                  has used 90% or more of the third share drawn by it, that
          France                                              18
                                                                                  Member State shall , in the manner and to the extent provided
          Italy                                           2 348
                                                                                  in paragraph 1 , draw a fourth share equal to the third .
(M OJ No L 379 , 31 . 12 . 1981 , p . 1 .
 ( 2 ) OJ No L 202 , 25 . 7 . 1986 , p . 1 .                                      This process shall apply until the reserve is used up .
 ---pagebreak--- No L 375 / 18                               Official Journal of the European Communities                                  31 . 12 . 86
4.     By way of derogation from paragraphs 1 , 2 and 3 , a            notify the amount of that balance to the Member State
Member State may draw shares lower than those specified in             making the last drawing .
those paragraphs if there are grounds for believing that those
specified may not be used in full . Any Member State applying
this paragraph shall inform the Commission of its grounds                                        Article 7
for so doing .
                                                                       1.     The Member States shall take all appropriate measures
                                                                       to ensure that additional shares drawn pursuant to Article 3
                             Article 4
                                                                       are opened in such a way that importations may be charged
                                                                       without interruption against their accumulated shares of the
Additional shares drawn pursuant to Article 3 shall be valid           Community quota .
until 31 December 1987 .
                                                                       2.     The Member State shall ensure that importers of the
                                                                       product in question have free access to the shares allocated to
                             Article 5                                 them .
Member States shall , not later than 1 October 1987 , return           3.     The Member States shall charge imports of the product
to the reserve the unused portion of their initial share which ,       in question against their shares as and when the product is
on 15 September 1987 is in excess of 20% of the initial                entered with the customs authorities for free circulation .
volume . They may return a greater portion if there are
grounds for believing that it may not be used in full .                4.     The extent to which a Member State has used up its
                                                                       share shall be determined on the basis of the imports charged
Member States shall , not later than 1 October 1987 , notify           in accordance with paragraph 3 .
the Commission of the total quantities of the product in
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
                                                                       At the request of the Commission , the Member State shall
                             Article 6                                 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
                                                                       to ensure that this Regulation is complied with .
It shall , not later than 5 October 1987 , inform the Member
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