CELEX: 31987R4087
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4087/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved fish, falling within codes ex 1604 13 90, ex 1604 15 90, ex 1604 19 99 and ex 1604 20 90 of the combined nomenclature, originating in Norway (1988)

31 . 12 . 87
No L 382 / 18                            Official Journal of the European Communities
                                       COUNCIL REGULATION (EEC) No 4087/87
                                                      of 21 December 1987
                  opening, allocating and providing for the administration of a Community tariff quota for
                  certain prepared or preserved fish, falling within codes ex 1604 13 90, ex 1604 15 90, ex
                   1604 19 99 and ex 1604 20 90 of the combined nomenclature, originating in Norway
                                                              ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              requirements of the Member States calculated with
                                                                      reference to statistics of imports from Norway during a
Having regard to the Treaty establishing the European                 representative reference period and to economic outlook
                                                                      for the relevant quota year ;
Economic Community, and in particular Article 113
thereof,
                                                                      Whereas, during the latest years for which statistics are
                                                                      available, imports into each of the Member States were
Having regard to the Act of Accession of Spain and                    as follows :
Portugal,
                                                                                                                              (tonnes)
Having regard to the proposal from the Commission,                                                      1984    1985         1986
Whereas an Agreement between the European Economic                    Benelux                               0      11             4
Community and the Kingdom of Norway was concluded                     Denmark                             41         7            2
on 14 May 1973 ; whereas, following the accession of                  Germany                              15      22             3
Spain and Portugal to the Community, an Agreement in                  Greece                                0
                                                                                                            0
                                                                                                                     0
                                                                                                                     3
                                                                                                                                  0
                                                                                                                                  1
the form of an Exchange of Letters was concluded and                  Spain
                                                                      France                           1 690   1 604        1 354
approved by Council Decision 86/557/EEC (');                          Ireland                               0        0            0
                                                                      Italy                                 0    106           309
                                                                      Portugal                              0        0            0
Whereas the said Agreement provides in particular for                 United Kingdom                     500     354           161
 the opening of a Community tariff quota at reduced
 rates of duty for certain prepared or preserved fishery
 products originating in Norway; whereas, therefore, the                                               2 246   2 107        1 834
 tariff quota in question should be opened for the period
 1 January to 31 December 1988 ;
                                                                       Whereas, during the years under consideration, the
 Whereas the Community has adopted, with effect from                   products in question were imported only by certain
 1 January 1988 onwards, a combined nomenclature of                    Member States and there were no such imports into the
 goods which is in line with the requirements of the                   other Member States ; whereas, under these circum­
 Common Customs Tariff and of the statistics for the                   stances, initial shares should be allocated to the
 external trade of the Community and of trade between                  importing Member States and the other Member States
 its Member States ; whereas, in order to cover at the                 should be guaranteed access to the tariff quota upon
 same time specific Community regulations, the said                    imports into those States of the products concerned
 nomenclature has been enlarged by the establishment of                being notified ; whereas these arrangements for allocation
  an integrated tariff of the European Communities                     will also enable the uniform application of the Common
  (TARIC); whereas from this date onwards the combined                 Customs Tariff to be ensured ;
  nomenclature and, where appropriate, the TARIC code
  numbers, should therefore be used to refer to the                    Whereas, in view of these factors, the initial percentage
  products covered by this Regulation ;                                shares in the quota volume can be set approximately as
                                                                       follows :
  Whereas equal and uninterrupted access to the quota                             Benelux                          0,24
  should be ensured for all importers and the rate of levy                        Denmark                          0,81
  for the tariff quota should be applied consistently to all                                                       0,65
  imports until the quota is exhausted; whereas, in the                           Germany
                                                                                  France                          75,13
  light of the principles outlined above, a Community tariff                      Italy                             6,71
  arrangement based on an allocation between the                                  United Kingdom                  16,40 .
  Member States will preserve the Community nature of
  the quota ; whereas, to match as closely as possible the
  actual development of the market in the said products,               Whereas, to accommodate any changes in imports for
  the allocation      should follow proportionately the                 these products, the quota volume should be divided into
                                                                        two instalments, the first being allocated between the
                                                                        Member States and the second held as a reserve to cover
   O OJ No L 328 , 22. 11 . 1986, p. 76.                                any subsequent requirements of Member States which
 ---pagebreak--- 31 . 12 . 87                               Official Journal of the European Communities                                No L 382 / 19
have used up their initial share ; whereas to afford                     initial share remains unused, it is essential that the
importers some degree of certainty, the first instalment                 Member State concerned return a significant proportion
of the tariff quota should be fixed at a high level, which               thereof to the reserve, in order to prevent a part of the
in this case could be 67 % of the quota ;                                Community tariff quota from remaining unused in one
                                                                         Member State while it could be used in others ;
Whereas initial shares may be used up at different rates ;
whereas, to avoid disruption of supplies on this account,                Whereas, since the Kingdom of Belgium, the Kingdom
it should be provided that any Member State which has                    of the Netherlands and the Grand Duchy of
almost used up its initial share should draw an additional               Luxembourg are united within and jointly represented by
share from the reserve ; whereas, each time its additional               the Benelux Economic Union, any measure concerning
share is almost used up, a Member State should draw a                    the administration of the shares allocated to that
further share and so on as many times as the reserve                     economic union may be carried out by any one of its
allows ; whereas the initial and additional shares should                members,
be valid until the end of the quota period ; whereas this
form of administration requires close collaboration                      HAS ADOPTED THIS REGULATION :
between the Member States and the Commission and the
Commission must be in a position to keep account of the                                            Article 1
extent to which the quotas have been used up and to
inform the Member States accordingly;                                    1.     From 1 January to 31 December 1988 , the customs
                                                                         duty on imports of the following products, originating in
Whereas, if at a given time in the course of the quota                   Norway, shall be suspended at the level and within the
period any substantial quantity of a Member State's                      limit of the Community tariff quota shown herewith :
   Order No           CN code                                Description                          Quota volume       Rate of duty
                                                                                                     (tonnes)            (°/o)
    09.0711                           Prepared or preserved fish, including caviar and
                                      caviar substitutes prepared from fish eggs :
                   ex 1604 13 90      Other :
                                      — Sardinella, brisling or sprats, not including fillets,
                                          raw, merely coated with batter or breadcrumbs,
                                          whether or not pre-fried in oil, deep-frozen                 400                 10
                   ex 1604 15 90      Mackerel of the species Scomber australasicus, not
                                      including fillets, raw, merely coated with batter or
                                      breadcrumbs, whether or not pre-fried in oil, deep
                                      frozen
                   ex 1604 19 99      Other, not including smoked saithe
                   ex 1604 20 90      Fish other than herring and smoked saithe
Under this tariff quota, the Kingdom of Spain and the                    cooperation, annexed to the Agreement between the
Portuguese Republic shall charge duties of 12,4 % and                    European Economic Community and the Kingdom of
22,5 °/o respectively.                                                   Norway, shall be applicable.
                                                                                                   Article 2
2. Imports of the products in question shall not
qualify for the tariff quota referred to in paragraph 1                  1.     The tariff quota laid down in Article 1 ( 1 ) shall be
                                                                         divided into two instalments .
unless the free-at-frontier-price, which is determined by
the Member States according to Article 21 of Council
Regulation (EEC) No 3796/ 81 of 29 December 1981 on                      2 . A first instalment of this quota shall be allocated
the common organization of the market in fishery                         among certain Member States. The respective shares,
products O , as last amended by Regulation (EEC) No                      which, subject to Article 5 , shall be valid until 31
2315 / 86 (2), is at least equal to the reference price where            December 1988 , shall be as follows :
such a price has been fixed by the Community for the                                                            (in tonnes)
product or categories of products under consideration.                             Benelux                               1
                                                                                   Denmark                               2
                                                                                   Germany                               2
                                                                                   France                             203
3. The Protocol on the definition of the concept of
originating products and on methods of administrative                              Italy                                18
                                                                                   United Kingdom                      44
0) OJ No L 379, 31 . 12. 1981 , p. 1 .                                   3.     The second instalment of the quota, being 130
O OJ No L 202, 25 . 7. 1986, p. 1 .                                      tonnes, shall constitute the reserve.
 ---pagebreak---                                        Official Journal of the European Communities                                31 . 12 . 87
No L 382 / 20
4. If an importer notifies the imminent import of the             September 1988 and charged against the Community
products in question into a Member State which does               quota and of any portion of their initial shares returned
not participate in the initial allocation and requests the        to the reserve .
benefit of the quota, the Member State concerned shall
inform the Commission and draw an amount corre­
sponding to these requirements to the extent that the                                       Article 6
available balance of the reserve so permits .
                                                                  The Commission shall keep an account of the shares
                                                                  opened by the Member States pursuant to Articles 2 and
                                                                  3 and shall, as soon as the information reaches it, inform
                           Article 3                              each State of the extent to which the reserve has been
1 . If a Member State has used 90 % or more of its                used up.
initial share as fixed in Article 2 (2), or of that share
minus any proportion returned to the reserve pursuant             It shall, not later than 5 October 1988 , inform the
to Article 5, it shall forthwith, by notifying the                 Member States of the amount still in reserve, following
Commission, draw a second share, to the extent that the            any return of shares pursuant to Article 5.
reserve so permits, equal to 10 % of its initial share,
rounded up as necessary to the next whole number.
                                                                   It shall ensure that the drawing which exhausts the
                                                                   reserve does not exceed the balance available, and to this
 2. If a Member State, after exhausting its initial share,         end shall notify the amount of that balance to the
 has used 90 % or more of the second share drawn by it,            Member State making the last drawing.
that Member State shall forthwith, in the manner and to
the extent provided in paragraph 1 , draw a third share
 equal to 5 % of its initial share, rounded up as necessary                                  Article 7
 to the whole number.
                                                                   1 . The Member States shall take all appropriate
                                                                   measures to ensure that additional shares drawn pursuant
 3.     If a Member State, after exhausting its second
                                                                   to Article 3 are opened in such a way that imports may
 share, has used 90 % or more of the third share drawn             be charged without interruption against their cumulative
                                                                   shares of the Community quota.
 by it, that Member State shall, in the manner and to the
 extent provided in paragraph 1 , draw a fourth share
 equal to the third.                                               2.     The Member State shall ensure that importers of
                                                                   the product in question have free access to the shares
                                                                   allocated to them .
 This process shall apply until the reserve is used up.
                                                                    3.    The Member States shall charge imports of the
 4. By way of derogation from paragraphs 1 , 2 and 3,              product in question against their shares as and when the
 a Member State may draw shares lower than those                   product is entered with the customs authorities for free
 specified in those paragraphs if there are grounds for             circulation .
 believing that those specified may not be used in full.
 Any Member State applying this paragraph shall inform
 the Commission of its grounds for so doing.                        4 . The extent to which a Member State has used up
                                                                    its share shall be determined on the basis of the imports
                                                                    charged in accordance with paragraph 3.
                           Article 4
  Additional shares drawn pursuant to Article 3 shall be                                     Article 8
  valid until 31 December 1988 .
                                                                    At the request of the Commission, the Member States
                                                                    shall inform it of imports actually charged against their
                            Article 5                               shares .
  Member States shall, not later than 1 October 1988 ,
  return to the reserve such unused portion of their initial                                 Article 9
  share as, on 15 September 1988 , exceeds 20 % of the
  initial volume. They may return a greater portion if there         Member States and the Commission shall cooperate
  are grounds for believing that it may not be used in full.         closely to ensure that this Regulation is complied with.
  Member States shall, not later than 1 October 1988 ,                                       Article 10
  notify the Commission of the total quantities of the
  product in question imported up to and including 15               This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak--- 31 . 12 . 87                     Official Journal of the European Communities                       No L 382 /21
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 21 December 1987 .
                                                                               For the Council
                                                                                The President
                                                                                B. HAARDER