CELEX: 31987R4112
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4112/87 of 22 December 1987 opening, allocating and providing for the administration of Community tariff quotas for certain kinds of prepared or preserved fish coming from Portugal (1988)

31 . 12 . 87
No L 383 / 66                             Official Journal of the European Communities
                                          COUNCIL REGULATION (EEC) No 4112 / 87
                                                       of 22 December 1987
                  Opening, allocating and providing for the administration of Community tariff quotas for
                            certain kinds of prepared or preserved fish coming from Portugal ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            possible the true trend of the market in the products
                                                                     concerned , such allocation should be in proportion to the
                                                                     requirements of the Member States , assessed by reference to
                                                                     the statistics of each State's imports from Portugal over a
Having regard to the Treaty establishing the European
Economic Community ,
                                                                     representative reference period and also to the economic
                                                                     outlook for the quota period concerned ;
Having regard to the Act of Accession of Spain and Portugal,         Whereas during the last three years for which statistics are
and in particular Article 362 thereof,                               available imports into the Member States were as follows:
                                                                                                                                    ( tonnes)
Having regard to the proposal from the Commission ,                            Member States              1984       1985         1986
Whereas Article 362 of the Act of Accession provides that
                                                                                  Sardines of the species Sardina pilchardus
during the period of progressive elimination of customs
duties between the Community as constituted on 31                                                           954      741             741
                                                                     Benelux
December 1985 and Portugal , certain kinds of sardines ,
                                                                     Denmark                                302      306,31          234
tunas, fish of the genus Euthynnus, certain kinds of mackerel
and fish of the species Orcynopsis unicolor, prepared                Germany                             3 277    3 239          4 659
or preserved , falling within codes ex 1604 13 10 ,                   Greece                                  14       —             155
ex 1604 20 50 , 1604 14 10 , 1604 19 30 , 1604 20 70 ,                France                             2 410     2 190          1 783
1604 15 10,1604 19 50 and ex 1604 20 50 of the combined                                                       13       30               19
                                                                      Ireland
nomenclature , from Portugal , may be imported free of duty
                                                                      Italy                                 643      820,8           634
into the Community as constituted on 31 December 1985
within the limits of annual Community tariff quotas of 5 000          United Kingdom                     6 574     4 210          3 949
tonnes , 1 000 tonnes and 1 000 tonnes respectively; whereas
these quotas should be opened for 1988 ;
                                                                                   Tunas and fish of the genus Euthynnus
                                                                      Benelux                                  3         1              13
Whereas the Community has adopted , with effect from
 1 January 1988 , a combined nomenclature for goods which             Denmark                               —          —             —
meets the requirements of both the Common Customs Tariff              Germany                                 18        18,2            22
 and the nomenclature of goods for external trade statistics of       Greece                                —           54           —
the Community and statistics of trade between Member                                                        118         55              16
                                                                      France
States; whereas in order to accomodate specific Community
rules , this nomenclature has been expanded into an                   Ireland                               —           —            —
integrated tariff of the European Community ( Taric);                 Italy                               1 504     2 456,5       2 141
whereas , with effect from that date , the combined                   United Kingdom                        —           —                9
nomenclature and , where appropriate , the TARIC code
numbers should be used for the description of the products
covered by this Regulation;                                           Mackerel of the species Scomber scombrus und Scomber japonicus
                                                                                  and fish of the species Orcynopsis unicolor
Whereas it is in particular necessary to ensure for all               Benelux                                130       135            176
 importers of the Community as constituted on 31 December             Denmark                               —
                                                                                                                     .  —
                                                                                                                                      —
 1985 equal and uninterrupted access to the abovementioned            Germany                               —           —               21
 quotas and uninterrupted application of the rates laid down          Greece                                —           —             —
 for these quotas to all imports of the products concerned into                                                                          3
                                                                       France                                   5
 all the Member States until the quotas have been used up ;                                                             —
 whereas, having regard to the above principles , the                  Ireland                              —           —             —
 Community nature of the quotas can be respected by                    Italy                              1 576     2 216,7       1 463
 allocating the Community tariff quotas among the Member               United Kingdom                         40        —             —
 States ; whereas , in order to reflect as accurately as
 ---pagebreak---   31 . 12 . 87                               Official Journal of the European Communities                                     No L 383 / 67
  Whereas in view of these factors and of the estimates                     into account and avoid any break in continuity, any Member
  submitted by certain Member States, initial quota shares may              State which has almost used up its initial quota share should
  be set approximately at the following percentages:                        draw an additional quota share from the corresponding
                                                                            reserve; whereas this must be done by each Member State as
                                                                            and when each of its additional shares is almost used up and
            Member States         Sardines     Tunny      Mackerel          repeated as many times as the reserve allows ; whereas the
                                                                            initial and additional quota shares must be valid until the end
 Benelux                            6,43                    8,85            of the quota period ; whereas this method of administration
 Denmark                            2,42         —          —
                                                                            requires close cooperation between Member States and the
 Germany                           29,49         —          —
                                                                            Commission and the latter must , in particular, be able to
 Greece
                                                                            monitor the extent to which the quota volumes have been
                                    0,61
                                                                            used up and to inform the Member States accordingly;
                                                 —          —
 France                            16,84        4,00        —
 Ireland                            —            —          —
 Italy                              5,33       96,00       91,15            Whereas if, at a given date in the quota period, a substantial
 United Kingdom                    38,88         —          —
                                                                            quantity of one of the initial shares remains unused in one or
                                                                            other Member State it is essential that the Member State
                                                                            concerned should return a significant proportion to the
                                                                            reserve to prevent a part of any Community quota from
                                                                            remaining unused in one member State when it could be used
                                                                            in other;
 Whereas in the last three years the products in question were
 imported regularly by certain Member States only, and not at
 all or only occasionally by the other Member States ; whereas             Whereas, since the Kingdom of Belgium, the Kingdom of the
 in these circumstances initial shares should be allocated to the          Netherlands and the Grand Duchy of Luxembourg are united
 genuine importing Member States and the other Member                      within and jointly represented by the Benelux Economic
 States should be guaranteed access to the tariff quotas when               Union any operations relating to the administration of the
 imports into these Member States are notified ; whereas these             quota shares allocated to that economic union may be carried
 arrangements for allocation will equally ensure the uniform               out by any one of its members,
 application of the combined nomenclature ;
 Whereas , m order to take into account import trends for the
products concerned in the various Member States, each
 quota should be divided into two parts, the first being shared            HAS ADOPTED THIS REGULATION :
 among certain Member States and the second constituting a
reserve to cover the subsequent requirements of the Member
States where they have used up their initial shares and also
any requirements which might arise in the other Member
States ; whereas , in order to give importers in each Member                                           Article 1
State a certain degree of security, the first part of the
Community quotas could be set at 67% of the quota
volumes ;                                                                  From 1 January to 31 December 1988 the customs duties on
                                                                           imports from Portugal into the Community as constituted on
                                                                           31 December 1985 for the following products shall be
Whereas the initial quota shares of the Member States may be               suspended at the levels indicated and within the limits of
used up at different times ; whereas , in order to take this fact          Community tariff quotas as shown herewith :
   Order No         CN code                                        Description                                    Quantities
                                                                                                                   ( tonnes )  Quota duties
                  1604            Prepared or preserved fish :
                                  caviar and caviar substitutes prepared from fish eggs:
09.0501        ex 1604 13 10      — Sardines of the species Sardina pilchardus
               ex 1604 20 50                                                                                        5 000         free
09.0502           1604 14 10      — Tunas and skipjack
                  1604 19 30      — Fish of the genus Euthynnus, other than skipjack                                1 000         free
                  1604 20 70      — Tunas, skipjack and other fish of the genus Euthynnus
09.0503           1604 15 10      — Mackerel of the species Scomber scombrus and Scomber japonicus
                  1604 19 50      — Fish of the species Orcynopsis unicolor
                                                                                                                   1 000          free
               ex 1604 20 50      — Mackerel of the species Scomber scombrus and Scomberjaponicus and
                                     fish of the species Orcynopsis unicolor
 ---pagebreak---                                                Official Journal of the European Communities                                    31 . 12 . 87
No L 383 / 68
                                 Article 2                                This process shall continue until the reserve is used up .
1 . Each of the tariff quotas referred to in Article 1 shall be           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
    divided into two parts .                                              Member State may draw shares smaller than those fixed in
                                                                          those paragraphs if there is reason to believe that these might
2. (a) The first part of each quota shall be allocated among              not be used up . It shall inform the Commission of its reasons
         certain Member States ; the respective shares shall ,            for applying this paragraph .
         subject to Article 5 , be valid until 31 December 1988 ,
          and shall be as follows :
                                                              (tonnes)
                                                                                                       Article 4
                                               Prepared or
                Member States
                                                preserved
                                      Sardines    Tunas     Mackerel      Each of the additional shares drawn pursuant to Article 3
                                                                          shall be valid until 31 December 1988 .
          Benelux                        215        —          60
          Denmark                          80       —         —
          Germany                        990        —          —
          Greece                           20       —          —
                                                                                                       Article 5
          France                         5 65       30         —
          Ireland                                              —
                                                                           The Member States shall return to the reserve , not later than
                                         —          —
          Italy                          180       640       610
                                                                           1 October 1988 , the unused portion of their initial share
          United Kingdom               1 300        —          —
                                                                           which , on 15 September 1988 , is in excess of 20% of the
                            Total      3 350       670        670          initial volume . They may return a larger quantity if there are
                                                                           grounds for believing that it might not be used.
                                                                           The Member States shall , not later than 1 October 1988 ,
     (b ) The second part of each quota , namely 1 650 , 330               notify the Commission of the total quantities of the products
          and 330 tonnes respectively,, shall constitute the               concerned imported up to 15 September 1988 and charged
          corresponding reserve .                                          against the Community quotas and of any quantities of the
                                                                           initial shares returned to each reserve .
3 . If an importer notifies a Member State that a consignment
     of the products in question is to be imported and applies
     to use the quota , the Member State concerned shall
     inform       the    Commission       and   draw     an  amount
                                                                                                       Article 6
     corresponding to its requirements to the extent that the
     available balance of the reserve so permits .
                                                                           The Commission shall keep an account of the shares drawn
                                                                           by the Member States pursuant to Articles 2 and 3 and shall ,
                                                                           as soon as it is notified , inform each State of the extent to
                                 Article 3                                 which the reserves have been used up .
 1.      If 90 % or more of a Member State's initial share as
                                                                           It shall inform the Member States , not later than 5 October
 specified in Article 2 (2), or of that share less the portion              1988 of the amount in the reserve after the return of
 returned to the reserve , where Article 5 is applied , has been
 used up, that Member State shall without delay, by notifying              quantities pursuant to Article 5 .
 the Commission , draw a second share equal to 10% of its
 initial share , rounded up where necessary to the next whole              It shall ensure that the drawing which exhausts the reserve
 number , to the extent permitted by the amount of the                     does not exceed the balance available and , to this end, shall
 reserve .                                                                 notify the amount of the balance to the Member State making
                                                                           the last drawing.
 2.      If, after its initial share has been used up , 90 % or more
 of the second share drawn by a Member State has been used ,
 that Member State shall , using the procedure provided for in
 paragraph 1 , draw a third equal to 5% of its initial share,                                           Article 7
 rounded up where necessary to the next whole number.
 3.      If, after its second share has been used up , 90% or               1.     The Member States shall take all measures necessary to
 more of the third share drawn by a Member State has been                   ensure that additional drawing of shares pursuant to Article 3
 used up , that Member State shall , using the same procedure               carried out in such a way that imports may be charged are
 provided for in paragraph 1 , draw a fourth share equal to the             without interruption against their accumulated shares of the
 third .                                                                    tariff quotas .
 ---pagebreak---  31 . 12 . 87                            Official Journal of the European Communities                              No L 383 / 69
 2.    The Member States shall ensure that imports of the                                      Article 8
products in question have free access to the shares allocated
to them .                                                           At the Commission's request the Member States shall inform
                                                                    it of imports actually charged against their shares.
3.     The Member States shall charge the imports of the
products concerned against their shares as and when the                                        Article 9
products are entered with customs authorities for free
circulation .
                                                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports coming                                  Article 10
from Portugal entered with customs authorities for free
circulation .
                                                                   This Regulation shall enter into force on 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 22 December 1987 .
                                                                                          For the Council
                                                                                           The President
                                                                                           N. WILHJELM