CELEX: 31988R4182
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4182/88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for silver hake (merluccius bilinearis)

31 . 12 . 88                               Official Journal of the European Communities                                  No L 368 / 5
                                          COUNCIL REGULATION (EEC) No 4182 / 88
                                                        of 16 December 1988
                  opening and providing for the administration of a Community tariff quota for silver hake
                                                        (Merluccius bilinearis)
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
                                                                          Economic union , any operation concerning the
Whereas the Community has undertaken to open an annual                    administration of the quota share levied by that economic
Community tariff quota at 8 % duty for 2 000 tonnes of                    union may be carried out by any one of its members,
silver hake ( Merluccius bilinearis)-, whereas 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 product shall be
the allocation should reflect the requirements of the                     suspended at the level indicated and within the limits of a
Member States based on statistics of imports from third                   Community tariff quota as shown below:
                                                                                                            Quota         Rate of
    Order
                  CN code                                     Description                                  volume          duty
     No
                                                                                                           (tonnes )       (%)
  09.0009      ex 0302 69 65      Silver hake (Merluccius bilinearis), fresh , chilled or frozen            2 000            8
               ex 0303 78 10
               ex 0304 90 47
2 . Within the limits of this tariff quota, the Kingdom of                corresponding to its requirements to the extent that the
Spain and the Portuguese Republic shall apply customs                     available balance of the quota so permits .
duties calculated in accordance with the relevant provisions
laid down by the 1985 Act of Accession.                                   2. Without prejudice to Article 3 , shares drawn pursuant
                                                                          to paragraph 1 shall be valid until the end of the quota
                                                                          period .
                           Article 2
                                                                                                    Article 3
 1 . If an importer gives notification of imminent imports of
the product in question into a Member State and applies to                 1 . Once at least 80 % of the tariff quota as defined in
take advantage of the quota , the Member State concerned                  Article 1(1 ) has been used up, the Commission shall notify
shall inform the Commission and draw an amount                            the Member States thereof.
 ---pagebreak--- No L 368 / 6                             Official Journal of the European Communities                                 31 . 12 . 88
2. It shall also notify Member States in this case of the                                     Article 4
date from which drawings on the tariff quota must be made
according to the following provisions:                              1 . Member States shall take all appropriate measures to
                                                                    ensure that their drawings pursuant to Article 2 ( 1 ) enable
                                                                    imports to be charged without interruption against their
If an importer presents in a Member State a declaration of
entry into free circulation including a request for                 accumulated shares of the Community quota .
preferential benefit for a product covered by this
Regulation , and if this declaration is accepted by the             2. Each Member State shall ensure that importers of the
customs authorities, the Member State concerned shall               product concerned have free access to the quota for such
draw from the tariff quota, by means of notification to the         time as the residual balance of the quota volume so
Commission, a quantity corresponding to these needs.                permits .
The requests for drawing, with the indication of the date of        3 . Member States shall charge imports of the product
acceptance of the said declaration, must be communicated            concerned against their drawings as and when the goods
to the Commission without delay.                                    are   entered  with   the   customs   authorities   for    free
                                                                    circulation .
The drawings are granted by the Commission on the basis
of the date of acceptance of the declaration of entry into          4. The extent to which the quota has been used up shall
free circulation by the customs authorities of the Member           be determined on the basis of the imports charged in
State concerned , to the extent that the available balance so       accordance with paragraph 3 .
permits.
                                                                                              Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota .
                                                                    At the request of the Commission , Member States shall
                                                                    inform it of imports of the product concerned actually
If the quantities requested are greater than the available          charged against the quota.
balance of the quota , allocation shall be made on a pro rata
basis with respect to the requests. Member States shall be
informed by the Commission in accordance with the same                                        Article 6
procedures.
                                                                    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