CELEX: 31986R2059
Language: en
Date: 1986-06-30 00:00:00
Title: Council Regulation (EEC) No 2059/86 of 30 June 1986 opening, allocating and providing for the administration of a Community tariff quota for saithe (Pollachius virens) salted, whole and fillets of saithe, salted and falling within subheadings ex 03.02 A I f) and ex 03.02 A II d) of the Common Customs Tariff

1.7.86                                    Official Journal of the European Communities                                    No L 176 / 7
                                          COUNCIL REGULATION ( EEC) No 2059/86
                                                             of 30 June 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                  saithe (Pollachius rirens) salted, whole and fillets of saithe, salted and falling within
                        subheadings ex 03.02 A I f) and ex 03.02 A II d) of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   quotas have been used up ; whereas, however, since the
                                                                           quotas are to cover requirements which cannot be
Having regard to the Treaty establishing the European                      determined with sufficient accuracy, it should not be
Economic Community, and in particular Article 28                           allocated among the Member States, without prejudice
thereof,                                                                   to the drawing against the quota volumes of such
                                                                           quantities as they may need, under the conditions and
                                                                           according to a procedure to be determined ; whereas this
Having regard to the draft Regulation submitted by the                     method of management requires close cooperation
Commission,                                                                between the Member States and the Commission and the
                                                                           latter must in particular be able to monitor the rate at
Whereas Community supplies of saithe ( Pollachius virens)                  which the quotas are used up and inform the Member
salted, whole and fillets of saithe, salted, currently                     States thereof;
depend on imports from third countries ; whereas it is in
the Community's interest to suspend partially the                          Whereas, since the Kingdom of Belgium, the Kingdom
Common Customs Tariff duty for the products in                             of the Netherlands and the Grand Duchy of Luxem­
question, within the limits of the Community tariff                        bourg are united within and jointly represented by the
quotas of appropriate volumes ; whereas, in order not to                   Benelux Economic Union, all transactions concerning
call into question the development prospects of this                       the administration of shares allocated to that economic
production in the Community while ensuring an                              union may be carried out by any one of its members ,
adequate supply to satisfy user industries, it is advisable
to open these quotas for the period until 31 December                      HAS ADOPTED THIS REGULATION :
1986 at duty rates of 6 % and 8 % respectively and to
fix the volumes thereof at 1 000 and 2 500 tonnes ;
                                                                                                     Article 1
Whereas it is necessary, in particular, to ensure for all                  1.    From that date on which this Regulation enters into
Community importers equal and uninterrupted access to                      force until * 31 December 1986 the Common Customs
the rate laid down for these quotas to all imports of the                  Tariff duties for the following products shall be
products concerned into all Member States until the                        suspended at the levels and within the limits shown :
                            CCT
                           heading                             Description                    Quota volume     Duty rate
                             No
              ex 03.02 A I f)                Saithe, (Pollachius virens), salted, whole       1 000 tonnes       6 %
              ex 03.02 A II d)               Fillets of saithe, salted                        2 500 tonnes       8 %
2.    Within the limits of these tariff quotas , the                       for the products under consideration or the categories of
Kingdom of Spain and the Portuguese Republic shall                         the products concerned.
apply customs duties calculated in accordance with the
relevant provisions in the 1985 Act of Accession.
                                                                           4 . Should an importer give notification of imminent
3. Imports of the products in question shall not                           importation of the product in a Member State and
benefit from the quotas referred to in paragraph 1 unless                  request the benefit of one or other of the quotas, the
the free-at-frontier price, which is determined by the                     Member States concerned shall inform the Commission
Member States in accordance with Article 21 of Regu­                       and draw an amount corresponding to its requirements
lation (EEC) No 3796/ 81 (x), is at least equal to the                     to the extent that the available balance of the reserve so
reference price fixed, or to be fixed, by the Community                    permits .
                                                                           5 . The shares drawn pursuant to paragraph 4 shall be
(') OJ No L 379 , 31 . 12 . 1981 , p. 1 .                                  valid until the end of the quota period .
 ---pagebreak---  No L 176 / 8                           Official Journal of the European Communities                                  1.7 . 86
                          Article 2                                                           Article 3
 1 . Member States shall take all appropriate measures             At the request of the Commission, Member States shall
to ensure that their drawings pursuant to Article 1 (4)            inform it of imports actually charged against these
are carried out in such a way that imports may be                  quotas .
charged without interruption against their accumulated
shares of the Community quotas .
                                                                                              Article 4
2. Each Member State shall ensure that importers of
the said goods have access to the quotas for such time as          The    Member     States    and    the  Commission   shall
the residual balance of the quota volumes so permits.              collaborate closely in order to ensure that this Regu­
                                                                   lation is complied with .
3 . Member States shall charge imports of the said
goods against their drawings as and when the goods are
entered at customs for free circulation .                                                    Article 5
4. The extent to which the quotas have been used up                This Regulation shall enter into force on the day
shall be determined on the basis of the imports charged            following its publication in the Official Journal of the
in accordance with paragraph 3 .                                   European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Luxembourg, 30 June 1986 .
                                                                                          For the Council
                                                                                             The President
                                                                                         N. SMIT-KROES