CELEX: 31987R4077
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4077/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for silver hake (Merluccius bilinearis) falling within code Nos ex 0302 69 65, ex 0303 78 10, ex 0304 10 99 and ex 0304 90 47 of the combined nomenclature (1988)

31 . 12 . 87                            Official Journal of the European Communities                                No L 381 / 17
                                        COUNCIL REGULATION (EEC) No 4077 / 87
                                                      of 18 December 1987
                  opening, allocating and providing for the administration of a Community tariff quota for
                  silver hake (Merluccius bilinearis) falling within code Nos ex 0302 69 65 , ex 0303 78 10,
                            ex 0304 10 99 and ex 0304 90 47 of the combined nomenclature ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            cannot be regarded as sufficiently exact or representative
                                                                      for use as a basis for the allocation referred to above ;
                                                                      whereas the incomplete figures available together with the
                                                                      estimates made by the Member States allow the following
                                                                      percentage estimates to be made of the needs of each of
Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 113                   them as regards imports from third countries for the quota
 thereof,
                                                                      period under consideration :
                                                                            Benelux                                    0,76
Having regard to the proposal from the Commission,                          Denmark                                   15,53
                                                                            Germany                                   30,84
                                                                            Greece                                     0,07
                                                                            Spain                                      0,38
Whereas the Community has undertaken to open an annual                      France                                    14,70
Community tariff quota at 8 % duty for 2 000 tonnes of                      Ireland                                    0,38
silver hake (Merluccius bilinearis)-, whereas the tariff quota              Italy                                      0,68
concerned should be opened on 1 January 1988 . and                          Portugal                                  18,94
allocated among the Member States ;                                         United Kingdom                            17,72 ;
Whereas the Community has adopted , with effect from                 Whereas to allow for import trends for these fish , the quota
1 January 1988 , a combined nomenclature for goods which             volume should be divided into two parts , the first being
meets the requirements of the Common Customs Tariff                  allocated among the Member States and the second held as
and the Nomenclature of Goods for the External Trade
                                                                     a reserve to cover any subsequent requirements of Member
Statistics of the Community and Statistics of Trade                  States which have used up their initial share ; whereas, to
between Member States ; whereas, in order to
                                                                     afford importers some degree of certainty, the first part of
accommodate specific Community measures , the said                   the tariff quota should be set at a high level , which in this
nomenclature has been expanded into an integrated tariff             case could be 66 % of the quota volume ;
of the European Communities (TARIC); whereas , with
effect from the date given above , the combined
nomenclature and , where appropriate , the TARIC code
numbers, should be used for the description of the products
covered by this Regulation ;
                                                                     Whereas initial shares may be used up at different rates ;
                                                                     whereas , in order to avoid any break in the continuity of
                                                                     supplies on this account, it should be provided that any
                                                                     Member State which has almost used up its initial share
Whereas equal and continuous access to the quota should              should draw an additional share from the reserve; whereas
be ensured for all Community importers and the rate laid             each time its additional share is almost used up a Member
down for the quota should be applied consistently to all             State should draw a further share and so on as many times
imports until the quota is used up ; whereas , in the light of       as the reserve allows; whereas the initial and additional
these principles , allocation of the tariff quota among the          shares must be valid until the end of the quota period ;
Member States would seem to preserve the Community                   whereas this form of administration requires close
nature of the quota ; whereas, in order to correspond as             cooperation between the Member States and the
closely as possible to the actual development of the market,         Commission , and the latter must be able to monitor the
the allocation should reflect the requirements of the                extent to which the quota volume has been used up and
Member States based on statistics of imports from third              inform the Member States accordingly;
countries during a representative reference period and the
economic outlook for the quota year in question ;
                                                                     Whereas if at a given date in the quota period a
                                                                     considerable quantity of a Member State's initial share
Whereas, since the fish concerned are not separately                 remains unused it is essential that the Member State
specified in the statistical nomenclatures of the Member             concerned should return a significant proportion thereof to
States, the available import figures provided by them                the reserve, in order to prevent part of the Community
 ---pagebreak--- No L 381 / 18                                Official Journal of the European Communities                                       31 . 12 . 87
tariff quota from remaining unused in one Member State                      HAS ADOPTED THIS REGULATION :
while it could be used in others ;
Whereas , since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are                                                    Article 1
united within and jointly represented by the Benelux
Economic Union , any measure concerning the                                  From 1 January to 31 December 1988 , the customs duty
administration of the quota shares allocated to that                         applicable to imports of the following products shall be
economic union may be carried out by any one of its                          suspended at the level indicated and within the limits of a
members ,                                                                    Community tariff quota as shown below:
                  Combined                                                                                       Quota         Rate of
    Order
                nomenclature                                    Description                                      volume          duty
     No
                    code                                                                                        (tonnes)         (% )
  09.0009      ex 0302  69 65       Silver hake (Merluccius bilinearis), fresh , chilled or frozen               2 000            8
               ex 0303  78 10
               ex 0304  10 99
               ex 0304  90 47
Within the limits of this tariff quota , the Kingdom of Spain                2 . If, after its initial share has been used up , a Member
and the Portuguese Republic shall apply customs duties                       State has used 90 % or more of the second share as well ,
calculated in accordance with the relevant provisions laid                   that Member State shall forthwith , using the procedure
down by the 1985 Act of Accession .                                          provided for in paragraph 1 , draw a third share equal to
                                                                             5 % of its initial share, rounded up where necessary to the
                                                                             next whole number .
                             Article 2
                                                                             3 . If after its second share has been used up , a Member
 1 . The Community tariff quota referred to in Article 1                     State has used 90 % or more of its third share , it shall ,
shall be divided into two parts .                                            using the procedure provided for in paragraph 1 , draw a
                                                                             fourth share equal to the third .
2 . The first part, amounting to 1 320 tonnes , shall be
allocated among the Member States ; the quota shares shall ,                 This process shall apply until the reserve is used up .
subject to Article 5 , be valid from 1 January to
31 December 1988 and shall be as follows :                                   4 . By way of derogation from paragraphs 1 , 2 and 3 ,
                                                                            Member States may draw shares lower than those
                                                     (tonnes)                specified in those paragraphs if there are grounds for
        Benelux                                           74                 believing that they may not be used in full . Member States
        Denmark                                          205                 shall inform the Commission of their reasons for applying
        Germany                                         407                 this paragraph .
        Greece                                             1
        Spain                                              5
        France                                           194
        Ireland                                            5
                                                                                                         Article 4
        Italy                                              9
        Portugal                                         250
                                                                            Additional shares drawn pursuant to Article 3 shall be valid
        United Kingdom                                   170
                                                                            until 31 December 1988 .
3 . The second part of the quota , amounting to
680 tonnes , shall constitute the reserve.
                                                                                                         Article 5
                             Article 3
                                                                             Member States shall , not later than 1 October 1988 , return
 1.  If a Member State has used 90 % or more of its initial                  to the reserve the unused portion of their initial share
share as specified in Article 2 ( 2), or of that share less any              which , on 15 September 1988 , is in excess of 20 % of the
portion returned to the reserve pursuant to Article 5 , it                   initial volume . They may return a greater portion if there
shall forthwith , by notifying the Commission and to the                     are grounds for believing that it may not be used in full .
extent that the reserve so permits , draw a second share
equal to 10 % of its initial share, rounded up where                         Member States shall , not later than 1 October 1988 , notify
necessary to the next whole number .                                         the Commission of the total quantities of the product in
 ---pagebreak---  31 . 12 . 87                              Official Journal of the European Communities                             No L 381 / 19
 question imported up to and including 15 September 1988 ,             2 . The Member States shall ensure that importers of the
 and charged against the Community quota and of any                   product in question have free access to the shares allocated
 portion of their initial shares returned to the reserve.             to them .
                                                                      3 . The Member States shall charge imports of the product
                             Article 6
                                                                      in question against their shares as and when the product is
                                                                      entered with the customs authorities for free circulation .
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2 and 3             4. The extent to which a Member State has used up its
 and shall , as soon as the information reaches it, inform            share shall be determined on the basis of the imports
each State of the extent to which the reserve has been used
                                                                      charged in accordance with paragraph 3 .
up .
It shall , not later than 5 October 1988 , inform the Member                                    Article 8
States of the amount still in reserve, following any return of
shares pursuant to Article 5 .
                                                                      At the request of the Commission , the Member States shall
It shall ensure that the drawing which exhausts the reserve           inform it of imports actually charged against their quota
                                                                      shares .
does not exceed the balance available , and to this end shall
notify the amount of that balance to the Member State
making the last drawing.
                                                                                                Article 9
                             Article 7                                The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
1 . The Member States shall take all appropriate measures
to ensure that additional drawings of shares pursuant to
Article 3 are carried out in such a way that imports may be                                    Article 10
charged without interruption against their accumulated
shares of the Community quota .                                      This Regulation shall enter into force on 1 Janaury 1988 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 18 December 1987 .
                                                                                          For the Council
                                                                                           The President
                                                                                           N. WILHJELM