CELEX: 51987PC0622
Language: en
Date: 1987-12-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain cod and fish of the species Boreogadus saida, dried, salted or in brine, falling within codes ex 0305 51 10, ex 0305 51 90, 0305 59 11, 0305 59 19, ex 0305 62 00 or 0305 69 10 of the Combined Nomenclature (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 622
Vol. 1987/0298
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(87 ) 622 final
                                              Brussels , 3 December 1987
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration of a
        Community tariff quota for certain cod and fish of the species
         Boreogadus saida , dried , salted or in brine , falling within
          codes ex 0305 51 10, ex 0305 51 90, 0305 59 11 , 0305 59 19,
            ex 0305 62 00 or 0305 69 10 of the Combined Nomenclature
                          ( submitted by the Commission )
                                                   A    \
                                                        #
C0M(87 ) 622 final
 ---pagebreak---                                                                       -
                          EXPLANATOKY MEMORANIXM
1. In the context of the GATT multilaterial negotiations the Gomnunity
   has undertaken to open annually Gomnunity tariff quota of 25 000
   tonnes at zero duty for cod , dried , salted or in brine of the species
   Gadus morhua , Boreogadus saida and Gadus ogac , falling within tariff
   subheading 03.02 A I b ) of the Common Customs Tariff or codes ex U3U5 51 10
   ex u3u5 51 yu , u3u5 3y 11 , U3U5 39 1v, ex u5u5 o2 uu or u3u5 69 1u of
   the Combineu i\iomenc lature which enters into force on 1 January 1988 .
2. The purpose of this proposal is to implanent the tariff quota for
   1988 .
3. Hie Gomnission’s proposal for these products is mainly based on
   those usually put forward in the field of tariff quotas insofar
   as :
   - the quota volume is divided into two parts , the first consisting
      of a fairly large quantity allocated among the Member States ,
      and the second being a reserve intended to cover any
      supplementary needs ,
   -  the allocation of initial shares to the Member States is based
      on past imports from non-preferential third countries over the
      last 3 years for which statistics are available and on estimated
      needs over the quota period
   Figures for Cotimunity imports from non-preferential third countries
   over the last 3 years are as follows :
 ---pagebreak---                                      - 2 -
Menber State               1984                 1985            1986
                      in t      in %       in t      in %    in t     in %
Benelux                539      0.62        475      0.39      531    0.51
Denmark                462      0.54          7      0.01    7 165    6.86
Germany                706      0.82        529      0.44      425    0.41
Spain                  902      1.05        926      0.77   15 717   15.04
Greece               4 305      4.99     4 573       3.80    4 812    4.61
France               7 775      9.02     6 853       5.69    6 559    6.28
Ireland                  0      0             0      0            2   0
Italy               16 068    18.63     16 980     14 . 11  13 913   13.31
Portugal            55 061    63.84     89 675     74.52    54 942   52.59
United Kingdom         422      0.49        325      0.27      409    0.39
                    86 240             120 343             104 475
       On the basis of this information and estimated needs of Member
       States , the following initial percentages can be allocated to
       Member States :
       Benelux           0.50
       Denmark           2.45
      Germany            0.53
       Spain             5.64
       Greece            4.40
       France            6.81
       Ireland           0.01
       Italy            15.10
       Portugal         64.19
       United Kingdom    0.37
 ---pagebreak---                              - 3 -
Ihe Commission realizes that the transposition of certain tariff
concessions from the Gomnon Customs tariff to the Combined
Noraenclature might raise problems which would need to be settled
between the parties concerned. It therefore reserves the right to
amend its proposal in the course of the procedure with a view to
adapting it , where necessary, to requirements .
 ---pagebreak---                                                        Proposal for a
                                            COUNCIL REGULATION ( EEC) No
                                                          of
                      opening, allocating and providing for the administration of a Community tariff quota
       for certain cod and fish of the species Soreogadus saida , dried , silted
      or in brine , whole , headless ur in pieces , falling within codes
      ex 0305 51 10 , ex 0505 51 90 , 0305 59 11 , 0305 59 19, ex 0305 62 00 or
      0305 69 10 of the Combined .Nomenclature 0988 )
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,
     Having regard to the Treaty establishing the European
     Economic Community, and in particular Article 11
     thereof,
      Having regard to the proposal from the Commission,
      Whereas the Community has undertaken to open an annual
      duty free Community tariff quota a t zero duty for
     25 000 tonnes of cod of the species Gadus
     morhua and Gadus ooac and fish of the snecies                        Boreogadus saida ,
     dried    , salted or in brine , whole , headless
     DP î n ni P C0S " wh6 T63S th0P0TOr©# th0
     tariff quota in question should &e opened
     on 1 January 1988 and allocated among the
     Member States ;
 Whereas the Community has adopted , with effect from 1 January 1988 , a
 Combined Nomenclature for goods which meets the requirements of the
 Common Customs Tariff and the Nomenclature of Goods for the External
 Trade Statistics of the Community and Statistics of Trade between
Member States ; whereas in order to encompassing specific Community
measures this Nomenclature has been expanded into an integrated tariff
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 equal and continuous access to the quota should
  be ensured for all Community importers and the tariff
quota rate                 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 Member
 States would seem to preserve the Community nature of the
 quota ; whereas in order to correspond as closely as possible to the
 actual development of the market , the
 allocation should      reflect the requirements
 of the Member States based on                    statistics of
 imports from third countries during a representative
 reference period and             to the economic outlook for
 the tariff year in question ;
 Whereas during the last three years for which complete
 statistics are available,                   imports into each
 of the Member States represented the following percentages
 of total imports of the product in question f rom
 third countries which do not benefit from an equivalent preferential
 tariff measure ;
 ---pagebreak---                                                        -2-
                                  1984      1985     1986
Benelux                           0,62      0,39     0.51
Denmark                           0,54      0,01     6.86
Germany                           0,82      0,44     0.41
Greece                            4,99      3,80     4.61
Spain                              1,05     0,77    15.04
France                             9,02     5,69     6.28
Ireland                            0        0       .9
                                                    13.31
Italy                            18,63     14,11
Portugal                         63,84     74,52    5I-5S
United Kingdom                     0,49     0,27     0.39
Whereas , in view of these factors and of market forecasts
for this product for 198’8, the initial percentage shares in
the quota volume can be expressed approximately as
follows:
        Benelux                                0.50
        Denmark                                2.45
        Germany                                0.53
        Greece                                 4.40
        Spain                                  5 . 64
        France
                                               6.81
                                               0.01
        Ireland
        Italy                                 15.10
        Portugal                              64.19
        United Kingdom                         0.37
Whereas to allow for            . possible import trends for
these fish , the quota volume should be divided into two
parts ; the first being allocated among the Member
States and the second held as a reserve to cover any
subsequent requirements of Member States which have
used up their initial share; whereas to afford importers
some degree of certainty, the first pa rt        of the tariff
quota should be S3 1 at a high level , which in this case
could be 75 % of the quota volume ;
 ---pagebreak---                                                                  -3-
             Whereas initial shares may be used up at different rates ; whereas
         in order       to avoid disruption of supplies on this account , it
             should be provided that any Member State which has
             almost used up its initial share should draw an additional
             share from the reserve ; whereas each time its additional
             share is almost used up a Member State should draw a
             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
             must be able              to keep account of Quota utilization
               rates and inform the Member States
              accordinnly .
             Whereas if at a given date in the quota period a
             considerable quantity of a Member State’s initial share
             remains unused , it si essential that such State should return
             a significant proportionOf this to the reserve in order to
             prevent      part of the Community tariff quota from
             remaining unused in one Member State 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
              united within and jointly represented by the Benelux
              Economic Union , any measure concerning the
              administration of the shares allocated to that economic
              union may be carried out by any one of its members,
        HA ? ADOPTED THIS REGU' ATION :
                                                           Article 1
        From 1 January to 31 December 1988 , the customs duty applicable to
        imports of the following products shall be suspended at the levdl
        and within the limit of a community tariff quota as shown herewith :
Order   Combined Nomenclature                                                     Amount of
                                                                                               Rate of dutv
No      Code                                                      Description     tariff quota     (% )
                                                                                    ( tonnes )
09.0007 ex 03.05.51-10                     Cod of the species Gadus morhua ,
        ex 03.05.51-90                     and Gadus ogac and fish of the
            03.05.59 - 11                  species Boreogadus saida , dried ,
            03.05.59 - 19                  salted or in brine , whole , headless 25 000                 0
        ex 03.05.62-00                    or in pieces
            03.05.69-10
 ---pagebreak---                                                   -4-
 Within the limit of this tariff quota , the Kingdom of Spain
 and the Portuguese Republic shall apply customs duties
 calculated in accordance with the relevant provisions laid
 down by the Act of Accession of Spain and Portugal.
                              Article 2
 1 . The Community tariff quota referred to in Article 1
 shall be divided into two instalments .
 2 . A first instalment of 18 750 tonnes shall be allocated
 among the Member States; the shares which , subject to
 Article 5 , shall be valid until December 198 S shall be as
 followst
                                                     (tonnes)
             Benelux                                    94
             Denmark                                  459
             Germany                                    99
             Greece                                   825
             Spain                                 1 058
             France
             Ireland
                                                   1 2Ч
             Italy                                 ^ 831
             Portugal                            12 U36
             United Kingdom                            69-
 3 . The second instalment of 6 250 tonnes shall constitute
 the reserve .
                              Article 3
  1 . If a Member State has used 90 % or more of its initial
 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 , and to the
ex-e^t that the reserve so permits , draw a second share
 equal to 10 % of its initial share, rounded up as necessary
 to the next whole number .
 2. If a Member State, after exhausting its initial share, has
 used 90 % or more its second share              as we L l -
 it shall                 forthwith ,
          . provided in paragraph 1 , draw a third share equal to
 5 % of theinitial share, rounded up as necessary to the next
 whole number.
 3 . If a Member State, after exhausting its second share,
 has used 90 % or more of its third share ,
   it shall , as
 provided in paragraph 1 , draw a fourth share equal to ,ne
  third .
  This process shall apply until the reserve is used up.
 ---pagebreak---                                                               -5-
     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 sharef^^^han those specified             does not exceed the balance available , and to this end shall
in the said paragraphs if there are grounds for believing that       notify the amount of that balance to the Member State
those specified mightnotbe 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 imports         may
    until 31 December 198 8 .                                       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
    By 1 November 1988 Member Stetes must                           to them .
    return to the reserve the unused portion of their initial
    share which , on 15 October 1983 , 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
    By 1 November 1988 Member States must                           share shall be determined on the basis of            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 198 8
    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 , inform each State as soon as the
    information reaches it of the extent to                         The Member States and the Commission shall cooperate
    which the reserve has been used up .                            closely to ensure that this Regulation is complied with .
    it shall inform the Member States not later
    than   . 5 . November 1988,of.the amount
    still in reserve following any
                                                                                               Article 10
    return of shares pursuant to Article 5 .                        This Regulation shall enter into force on 1 January 198 8
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                      States .
                     Done at Brussels ,
                                                                                           For the Council
                                                                                            The President