CELEX: 31987R4109
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4109/87 of 22 December 1987 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, headless or in pieces (1988)

No L 383 / 46                             Official Journal of the European Communities                                    31 . 12 . 87
                                         COUNCIL REGULATION ( EEC ) No 4109 / 87
                                                        of 22 December 1987
               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 , whole, headless or in pieces
                                                                1988
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                Member States           1984       1985        1986
                                                                      Benelux                           0,62       0,39        0,51
 Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 113                   Denmark                           0,54       0,01        6,86
thereof,                                                              Germany                           0,82       0,44        0,41
                                                                      Greece                            4,99       3,80        4,61
                                                                      Spain                              1,05      0,77       15,04
Having regard to the proposal from the Commission ,                   France                            9,02       5,69        6,28
                                                                      Ireland                           0          0           0
                                                                      Italy                            18,63      14,11       13,31
Whereas the Community has undertaken to open an annual                Portugal                         63,84     74,52       52,59
duty free Community tariff quota at zero duty for 25 000              United Kingdom                    0,49       0,27        0,39
tonnes of cod of the species Gadus morhua and Gadus ogac,
and fish of the species Boreogadus saida, dried , salted or in
brine , whole , headless or in pieces ; whereas therefore , the
tariff quota in question should be opened on 1 January 1988
and allocated among the Member States ;
                                                                     Whereas , in view of these factors and of market forecasts for
                                                                     this product for 1988 , the initial percentage shares in the
Whereas the Community has adopted , with effect from 1                quota volume can be expressed approximately as follows :
January 1988 , a combined nomenclature for goods which
meets the requirements of the Common Customs Tariff and                       Benelux                                    0,50
the nomenclature of goods for the external trade statistics of                Denmark                                    2,45
the Community and statistics of trade between Member                          Germany                                    0,53
States ; whereas in order to encompass specific Community                     Greece                                     4,40
measures this nomenclature has been expanded into an                          Spain                                      5,64
integrated tariff of the European Communities ( TARIC );                      France                                     6,81
whereas , with effect from the date given above , the combined                Ireland                                    0,01
nomenclature and , where appropriate , the TARIC code                         Italy                                     15,10
numbers , should be used for the description of the products                  Portugal                                  64,19
covered by this Regulation ;                                                  United Kingdom                             0,37
Whereas equal and continuous access to the quota should be           Whereas to allow for possible imports trends for these fish ,
ensured for all Community importers and the tariff quota             the quota volume should be divided into two parts ; the first
rate should be applied consistently to all imports until the         being allocated among the Member States and the second
quota is used up ; whereas , in the light of these principles ,      held as a reserve to cover any subsequent requirements of
allocation of the tariff quota among the Member States               Member States which have used up their initial share ;
would seem to preserve the Community nature of the quota ;           whereas to afford importers some degree of certainty, the
whereas in order to correspond as closely as possible to the         first part of the tariff quota should be set at a high level ,
actual development of the market , the allocation should             which in this case could be 75% of the quota volume ;
reflect the requirements of the Member States based on
statistics of imports from third countries during a                  Whereas initial shares may be used up at different rates ;
representative reference period and to the economic outlook          whereas in order to avoid disruption of supplies on this
for the tariff year in question ;                                    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
Whereas , during the last three years for which complete             is almost used up a Member State should draw a further share
statistics are available , imports into each of the Member           and so on as many times as the reserve allows ; whereas the
States represented the following percentages of total imports        initial and additional shares should be valid until the end of
of the product in question from third countries which do not         the quota period ; whereas this form of administration
benefit from an equivalent preferential tariff measure :             requires close collaboration between the Member States and
 ---pagebreak--- 31 . 12 . 87                               Official Journal of the European Communities                                        No L 383 / 47
the Commission and the Commission must be able to keep                      Union , any measure concerning the administration of the
account of quota utilization rates and inform the Member                    shares allocated to that economic union may be carried out
States accordingly ;                                                        by any one of its members ,
Whereas if at a given date in the quota period a considerable
quantity of a Member State's intial share remains unused, it is             HAS ADOPTED THIS REGULATION :
essential that such State should return a significant
proportion of this to the reserve in order to prevent part of the
Community tariff quota from remaining unused in one
                                                                                                         Article 1
Member State while it could be used in others ;
                                                                            From 1 January to 31 December 1988 , the customs duty
Whereas since the Kingdom of Belgium , the Kingdom of the                   applicable to imports of the following products shall be
Netherlands and the Grand Duchy of Luxembourg are united                    suspended at the level and within the limit of a Community
within and jointly represented by the Benelux Economic                      tariff quota as shown herewith :
     Order No            CN code                                  Description
                                                                                                         Amount of quota      Rate of duty
                                                                                                             ( tonnes )            (% )
09.0007              ex 0305 51 10         Cod of the species Gadus morhua, and Gadus ogac,
                     ex 0305 51 90         and fish of the species Boreogadus saida, dried , salted
                        0305 59 11         or in brine , whole , headless or in pieces                       25 000                 0
                        0305 59 19
                     ex 0305 62 00
                        0305 69 10
Within the limit of this tariff quota , the Kingdom of Spain                forthwith , by notifying the Commission , and to the extent
and the Portuguese Republic shall apply customs duties                      that the reserve so permits , draw a second share equal to
calculated in accordance with the relevant provisions laid                  10 % of its initial share , rounded up as necessary to the next
down by the Act of Accession of Spain and Portugal .                        whole number .
                            Article 2                                       2.     If a Member State , after exhausting its initial share , has
                                                                            used 90% or more of its second share as well , it shall
1.    The Community tariff quota referred to in Article 1
shall be divided into two instalments .                                     forthwith , as provided in paragraph 1 , draw a third share
                                                                            equal to 5 % of the initial share , rounded up as necessary to
2.    A first instalment of 18 750 tonnes shall be allocated                the next whole number .
among the Member States ; the shares which , subject to
Article 5 , shall be valid until December 1988 shall be as
follows :                                                                   3.     If a Member State , after exhausting its second share ,
                                                                            has used 90 % or more of its third share , it shall , as provided
                                                   (tonnes)                 in paragraph 1 , draw a fourth share equal to the third .
       Benelux                                           94
       Denmark                                         459
       Germany                                           99                 This process shall apply until the reserve is used up .
       Greece                                          825
       Spain                                         1 058
                                                                            4.     By way of derogation from paragraphs 1 , 2 and 3 , a
       France                                        1 277
                                                                            Member State may draw shares smaller than those specified
       Ireland                                            2
                                                                            in the said paragraphs if there are grounds for believing that
       Italy                                         2 831
                                                                            those specified might not be used in full . Any Member State
       Portugal                                    12  036
                                                                            applying this paragraph shall inform the Commission of its
       United Kingdom                                    69
                                                                            grounds for so doing.
3.    The second instalment of 6 250 tonnes shall constitute
the reserve .
                            Article 3                                                                    Article 4
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               Additional shares drawn pursuant to Article 3 shall be valid
portion returned to the reserve pursuant to Article 5 , it shall            until 31 December 1988 .
 ---pagebreak--- No L 383 / 48                             Official Journal of the European Communities                                   31 . 12 . 87
                           Article 5                                 are opened in such a way that imports may be charged
                                                                     without interruption against their accumulated shares of the
By 1 November 1988 , at the latest , Member States must              Community quota .
return to the reserve the unused portion of their initial share
which , on 15 October 1988 , is in excess of 20 % of the initial     2.     The Member States shall ensure that importers of the
volume . They may return a greater portion if there are              product in question have free access to the shares allocated to
grounds for believing that it may not be used in full .              them .
By 1 November 1988 , at the latest , Member States must              3.     The Member States shall charge imports of the product
notify the Commission of the total quantities of the product         in question against their shares as and when the product is
in question imported up to and including 15 October 1988             entered with the customs authorities for free circulation .
and charged against the Community quota and of any
portion of their initial shares returned to the reserve .
                                                                     4.     The extent to which a Member State has used up its
                                                                     share shall be determined on the basis of imports charged in
                                                                     accordance with paragraph 3 .
                           Article 6
The Commission shall keep an account of the shares opened
by the Member States pursuant to Articles 2 and 3 and shall                                     Article 8
inform each State as soon as the information reaches it of the
extent to which the reserve has been used up .
                                                                     At the request of the Commission , the Member States shall
                                                                     inform it of imports actually charged against their shares .
It shall inform the Member States , not later than 5 November
1988 , of the amount still in reserve following any return of
shares pursuant to Article 5 .
                                                                                                Article 9
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall
notify the amount of that balance to the Member State                The Member States and the Commission shall cooperate
making the last drawing.                                             closely to ensure that this Regulation is complied with .
                           Article 7
                                                                                               Article 10
1.     The Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to Article 3         This Regulation shall enter into force on 1 January 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1987 .
                                                                                           For the Council
                                                                                             The President
                                                                                             N. WILHJELM