CELEX: 31986R4042
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4042/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for cod, dried, salted or in brine, whole, headless or in pieces, falling within subheading 03.02 A I b) of the Common Customs Tariff (1987)

31 . 12 . 86                              Official Journal of the European Communities                                No L 377 / 1
                                                                  I
                                              (Acts whose publication is obligatory)
                                         COUNCIL REGULATION (EEC) No 4042 / 86
                                                       of 22 December 1986
                  opening, allocating and providing for the administration of a Community tariff quota
                  for cod, dried, salted or in brine, whole, headless or in pieces, falling within subheading
                                       03.02 A I b) of the Common Customs Tariff ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                                        1983     1984      1985
                                                                     Benelux                             0,58     0,62      0,39
                                                                     Denmark                             0,78     0,54      0,01
Having regard to the Treaty establishing the European                Germany                             1,08     0,82      0,44
Economic Community , and in particular Article 113                   Greece                              4,81     4,99      3,80
thereof,                                                             Spain                               3,56     1,05      0,77
                                                                     France                              8,40     9,02      5,69
                                                                     Ireland                             0        0         0
Having regard to the proposal from the Commission ,                  Italy                             17,82     18,63    14,11
                                                                     Portugal                          62,46     63,84    74,52
                                                                     United Kingdom                      0,51     0,49      0,27
Whereas the Community has undertaken to open an annual
duty free Community tariff quota for 25 000 tonnes of cod,
dried , salted or in brine , whole , headless or in pieces ,
falling within subheading 03.02 A I b ) of the Common
Customs Tariff; whereas , therefore , the tariff quota in            Whereas , in view of these factors and of market forecasts
question should be opened on 1 January 1987 and                      for this product for 1987 , the initial percentage shares in
allocated among the Member States ;                                  the quota volume can be expressed approximately as
                                                                     follows :
Whereas equal and continuous access to the quota should                      Benelux                                   0,52 ,
be ensured for all Community importers and the rate of                       Denmark                                   0,41 ,
levy for the tariff quota should be applied consistently to all              Germany                                   0,75 ,
imports until the quota is used up ; whereas , in the light of               Greece                                    4,46 ,
the principles outlined above , a Community tariff                           Spain                                     1,75 ,
arrangement based on an allocation between the Member                        France                                    7,50 ,
States would seem to preserve the Community nature of the                    Ireland                                   0,01 ,
quota ; whereas , to represent as closely as possible the                    Italy                                    16.59 ,
actual development of the market in the said goods , the                     Portugal                                 67.60 ,
allocation should follow proportionately the requirements                    United Kingdom                            0,41 .
of the Member States calculated both from statistics of
imports from third countries during a representative
reference period and according to the economic outlook for
the tariff year in question ;                                        Whereas , to take account of the possible import trends for
                                                                     these fish , the quota volume should be divided into two
                                                                     instalments , the first being allocated between the Member
Whereas , during the last three years for which complete             States and the second held as a reserve to cover any
statistics are available , the corresponding imports into each       subsequent requirements of Member States which have
of the Member States represented the following percentages           used up their initial share ; whereas , to afford importers
of total imports of the product in question coming from              some degree of certainty, the first instalment of the tariff
third countries which do not benefit from a preferential             quota should be fixed at a high level , which in this case
tariff measure having equivalent effect:                             could be 87 % of the amount of the quota ;
 ---pagebreak---  No L 377 / 2                              Official Journal of the European Communities                                         31 . 12 . 86
 Whereas initial shares may be used up at different rates ;                 Whereas , since the Kingdom of Belgium , the Kingdom of
 whereas , to avoid disruption of supplies on this account, it              the Netherlands and the Grand Duchy of Luxembourg are
 should be provided that any Member State which has                         united within and jointly represented by the Benelux
 almost used up its initial share should draw an additional                 Economic Union , any measure concerning the
 share from the reserve; whereas each time its additional                   administration of the shares allocated to that economic
 share is almost used up a Member State should draw a                       union may be carried out by any one of its members ,
 further share and so on as many times as the reserve
 allows ; whereas the initial and additional shares should be
 valid until the end of the quota period ; whereas this form
 of administration requires close collaboration between the
Member States and the Commission and the Commission
                                                                           HAS ADOPTED THIS REGULATION :
 must be in a position to keep account of the extent to
 which the quotas have been used up and to inform the
 Member States accordingly ;
 Whereas , if at a given date in the quota period a
 considerable quantity of a Member State's initial share                                                 Article 1
 remains unused , it si essential that such State should return
 a significant proportion thereof to the reserve , in order to              From 1 January to 31 December 1987 , the Common
prevent a part of the Community tariff quota from                           Customs Tariff duty on the following products shall be
 remaining unused in one Member State while it could be                     suspended at the level and within the limit of a community
 used in others ;                                                           tariff quota as shown herewith :
                                                                                                              Amount of
      Order            CCT heading                                                                                         Rate of duty
                                                                    Description                              tariff quota
       No                  No                                                                                                   (% )
                                                                                                               ( tonnes )
    09.0007       03.02 A I b )           Cod, dried , salted or in brine, whole, headless or in pieces,
                                          of the species 'Gadus morhua ', 'Boreogadus saida ' and
                                          'Gadus ogac '                                                        25 000            0
Within the limit of this tariff quota , the Kingdom of Spain                                             Article 3
and the Portuguese Republic shall apply customs duties
calculated in accordance with the relevant provisions laid                  1 . If a Member State has used 90 % or more of its initial
down by the Act of Accession of Spain and Portugal .                       share as fixed in Article 2 ( 2), or of that share minus any
                                                                           portion returned to the reserve pursuant to Article 5 , it
                                                                           shall forthwith , by notifying the Commission , draw a
                            Article 2                                      second share , to the extent that the reserve so permits,
                                                                           equal to 10 % of its initial share , rounded up as necessary
1 . The Community tariff quota referred to in Article 1                    to the next whole number .
shall be divided into two instalments .
2 . A first instalment of 21 750 tonnes shall be allocated
among the Member States; the shares which , subject to                     2 . If a Member State , after exhausting its initial share , has
Article 5 , shall be valid until December 1987 shall be as                 used 90 % or more of the second share drawn by it, that
follows :                                                                  Member State shall forthwith , in the manner and to the
                                                     (tonnes)              extent provided in paragraph 1 , draw a third share equal to
          Benelux                                      113 ,
                                                                           5 % of its initial share, rounded up as necessary to the
                                                                           whole number .
          Denmark                                       89 ,
          Germany                                      163 ,
          Greece                                       970 ,
          Spain                                        381 ,
         France                                     1 651 ,                3 . If a Member State, after exhausting its second share,
         Ireland                                          3,               has used 90 % or more of the third share drawn by it, that
         Italy                                      3 608 ,                Member State shall , in the manner and to the extent
         Portugal                                 14 703 ,                 provided in paragraph 1 , draw a fourth share equal to the
         United Kingdom                                 89 .               third .
3.   The second instalment of 3 250 tonnes shall constitute
the reserve .                                                              This process shall apply until the reserve is used up .
 ---pagebreak--- 31 . 12 . 86                             Official Journal of the European Communities                               No L 377 / 3
4 . By way of derogation from paragraph 1 , 2 and 3 , a             It shall ensure that the drawing which exhausts the reserve
Member State may draw shares lower than those specified             does not exceed the balance available , and to this end shall
in those paragraphs if there are grounds for believing that         notify the amount of that balance to the Member State
those specified may not be used in full . Any Member State          making the last drawing.
applying this paragraph shall inform the Commission of its
grounds for so doing.
                                                                                               Article 7
                           Article 4                                 1 . The Member States shall take all appropriate measures
                                                                    to ensure that additional shares drawn pursuant to
Additional shares drawn pursuant to Article 3 shall be valid        Article 3 are opened in such a way that importations may
until 31 December 1987 .                                            be charged without interruption against their accumulated
                                                                    shares of the Community quota .
                           Article 5                                2 . The Member States shall ensure that importers of the
                                                                    product in question have free access to the shares allocated
Member States shall , not later than 1 November 1987 ,              to them .
return to the reserve the unused portion of their initial
share which , on 15 October 1987 , is in excess of 20 % of          3 . The Member States shall charge imports of the product
the initial volume. They may return a greater portion if            in question against their shares as and when the product is
there are grounds for believing that it may not be used in          entered with the customs authorities for free circulation .
full .
                                                                    4 . The extent to which a Member State has used up its
Member States shall , not later than 1 November 1987 ,              share shall be determined on the basis of the imports
notify the Commission of the total quantities of the product        charged in accordance with paragraph 3 .
in question imported up to and including 15 October 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 States shall
                           Article 6                                inform it of imports actually charged against their shares .
The Commission shall keep an account of the shares                                             Article 9
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as the information reaches it, inform
each State of the extent to which the reserve has been used
                                                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
up .
It shall , not later than 5 November 1987 , inform the                                        Article 10
Member States of the amount still in reserve, following any
return of shares pursuant to Article 5 .                            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 , 22 December 1986 .
                                                                                         For the Council
                                                                                           The President
                                                                                             G. SHAW