CELEX: 31986R4043
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4043/86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for cod, dried, salted or in brine, falling within subheading 03.02 A I b) of the Common Customs Tariff and originating in Norway (1987)

No L 377 / 4                                Official Journal of the European Communities                                      31 . 12 . 86
                                           COUNCIL REGULATION (EEC) No 4043 / 86
                                                         of 22 December 1986
                 opening, allocating and providing for the administration of Community tariff quotas for
                 cod, dried , salted or in brine, falling within subheading 03.02 A I b) of the Common
                                          Customs Tariff and originating in Norway ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas equal and continuous access to the quotas should
                                                                         be ensured for all importers and the rates for the said
                                                                         quotas should be applied without interruption to all
Having regard to the Treaty establishing the European                    imports until the quotas are used up ; whereas , in the light
Economic Community ,                                                     of the principles outlined above, a Community tariff quota
                                                                         system based on an allocation between the Member States
Having regard to the Act of Accession of Spain and                       would seem to preserve the Community nature of the
Portugal ,                                                               quotas; whereas, to reflect as closely as possible the actual
                                                                         development of the market in the products in question, the
Having regard to the proposal from the Commission ,                      allocation should be in proportion to the requirements of
                                                                         the Member States , calculated both from statistics of
Whereas an Agreement between the European Economic                       imports from Norway during a representative reference
Community and the Kingdom of Norway was concluded                        period and according to the economic outlook for the
on 14 May 1973 ;                                                         quota year in question;
Whereas the aforementioned agreement provides in
particular for the opening, on a date to be arranged by
common accord , of Community tariff quotas at a reduced
rate of duty or duty-free for cod originating in Norway;
whereas , therefore , the tariff quotas in question should be            Whereas , during the last three years for which statistics are
opened in 1987 for the period upon which it was agreed,                  available , imports from Norway into each of the Member
namely 1 April to 31 December 1987;                                      States have developed as follows :
                                                                                                                                   (in tonnes)
I                             ex 03.02 A I b)
                         (NIMEXE code 03.02-11 )
                                                                  ex 03.02 A 1 b )
                                                              (NIMEXE code 03.02-12)
                                                                                                              ex 03.02 A I b)
                                                                                                          (NIMEXE code 03.02-13 )
I                         average
                        1983—1984
                                           1985         1983           1984           1985         1983            1984            1985 *
Benelux                       89              80          469            441            372             0              1                2
Denmark                        2               0             2              5              3         761            319                 3
Germany                       59              49          628            543            473             1              2                0
Greece                        44              26          508            223            417          231             148             336
Spain                          0               0             0              0              0         819            858              430
France                        47              36        3 551          3 816          3 573        1 498          1 044              666
Ireland                        0               0             0              0              0            0              0                0
Italy                      4 087          4 457         4 632          5 280          4 231        2 415          1 808           2 159
Portugal                       0               0        6 240         13 230          6 217        5 034          5 143           4 235
United Kingdom                20              35             5              2              6            0             16                0
I                          4 348          4 683        16 035         23 540         15 292       10 759          9 339          7 831
Whereas, during the years under consideration, the                       Member States should be guaranteed access to the benefit
products in question were imported only by certain                       of the tariff quotas upon imports into those States of the
Member States and not at all by the other Member States;                 products concerned being notified; whereas these
whereas, under these circumstances , initial shares should               arrangements for allocation will equally ensure the uniform
be allocated to the importing Member States and the other                application of the Common Customs Tariff;
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                                         No L 377 / 5
Whereas in taking into account these factors, initial                            should draw an additional share from the corresponding
percentage shares in the quota volumes can be set                               reserve; whereas this must be done by each Member State
approximately as follows:                                                       as and when each of its additional shares is almost used up ,
                                                                                and repeated as many times as the reserve allows; whereas
                                                             (in tonnes)        the initial and additional shares must be valid until the end
                                                                                of the quota period; whereas this method of administration
                          ex 03.02     ex 03.02           ex 03.02              requires close cooperation between the Member States and
                           A I b)       Alb )               A I b)              the Commission and the latter must be in a position to
                        ( NIMEXE      (NIMEXE           ( NIMEXE
                            code         code               code
                                                                                monitor the extent to which the quota amounts have been
                        03.02-11 )    03.02-12 )         03.02-13 )             used up and to inform Member States thereof;
Benelux                     2,05         2,34               0,01      ,
Denmark                     0,05         0,02
                                                                                Whereas , if at a given date in the quota period, a
                                                            3,88
Germany                     1,36         3,00               0,01
                                                                                substantial quantity remains unused in any Member State,
Greece                                                                          it is essential that that Member State should return a
                            1,01         2,09               2,56
Spain                        —            —
                                                            7,54                significant proportion to the corresponding reserve to
France                      1,08        19,94              11,49                prevent a part of any Community tariff quota from
Ireland                      —            —                   —
                                                                                remaining unused in one Member State when it could be
Italy                      93,99        25,78              22,85                used in others;
Portugal                     —
                                        46,81              51,60
United Kingdom              0,46         0,02               0,06
                                                                                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
Whereas , in order to take into account import trends for                       Economic Union , any operation relating to the
the products concerned in the various Member States, each                       administration of the quota shares allocated to that
quota should be divided into two instalments, the first                         economic union may be carried out by any of its
being shared among certain Member States and the second                         members ,
constituting a reserve to cover the subsequent requirements
of these Member States where they have used up their
initial shares and any additional requirements which might
arise in the other Member States ; whereas , in order to give                   HAS ADOPTED THIS REGULATION :
importers in each Member State a certain degree of
security, it is appropriate to fix the first instalment of the
Community quotas at a level which , in the circumstances ,
could be about 85 % respectively of each of the quota
                                                                                                          Article 1
volumes ;
                                                                                1 . From 1 April to 31 December 1987 the Common
Whereas , the Member States' initial shares may be used up                      Customs Tariff duties on the following products,
at different times ; whereas , in order to take this fact into                  originating in Norway , shall be suspended at the level and
account and avoid any break in continuity , any Member                          within the limits of the Community tariff quotas shown
State which has almost used up its initial quota shares                         herewith :
                          CCT                                                                                     Quota          Rate of
      Order
                       heading                                           Description                             volume           duty
       No
                           No                                                                                   ( tonnes )        (% )
                        03.02            Fish , dried , salted or in brine; smoked fish , whether or not
                                         cooked before or during the smoking process :
                                         A. Dried , salted or in brine
                                              I. Whole , headless or in pieces :
                                                  ex b ) Cod (Gadus morhua, Boreogadus saida,
                                                             Gadus ogac)
    09.0703                                                  — Dried and salted                                 13 250             0
    09.0705                                                  — Wet , salted or in brine                         10 000             0
    09.0707                                                  — Dried and unsalted                                  3 900           0
Within the limits of these tariff quotas, the Kingdom of                        2. Imports of the products in question shall not benefit
Spain and the Portuguese Republic shall apply duties of                         from the quotas referred to in paragraph 1 unless the
5,1 % and 0 % respectively .                                                    free-at-frontier price, which is determined by the Member
 ---pagebreak--- No L 377 / 6                                 Official Journal of the European Communities                                    31 . 12 . 86
 States according to Article 21 of Regulation (EEC ) No                 5 has been applied, has been used up , then to the extent
 3796 / 81 , is at least equal to the reference price if such a         permitted by the amount of the reserve, that Member State
 price has been fixed by the Community for the products or               shall forthwith , by notifying the Commission, draw a
 the categories of products under consideration .                       second share equal to 10 % of its initial share , rounded up
                                                                        where necessary to the next unit.
 3 . The Protocol on the definition of the concept of
 originating products and on methods of administrative                  2 . If, after one of its initial shares has been used up , 90 %
 cooperation , annexed to the Agreement between the                     or more of the second share drawn by a Member State has
 European Economic Community and the Kingdom of                         been used up , then that Member States shall , in accordance
 Norway, shall be applicable .                                          with the conditions laid down in paragraph 1 , draw a third
                                                                         share equal to 5 % of its initial share, rounded up where
                                                                        necessary to the next unit .
                              Article 2
                                                                         3 . If, after one of its second shares has been used up ,
 1 . The tariff quotas laid down in Article 1 ( 1 ) shall be             90 % or more of the third share drawn by a Member State
 divided into two instalments .                                          has been used up , that Member State shall , in accordance
                                                                         with the conditions laid down in paragraph 1 , draw a
                                                                        fourth share equal to the third.
 2 . A first instalment of each quota shall be allocated
 among certain Member States; the shares which , subject to
 Article 5 , shall be valid until 31 December 1987 , shall be as        This process shall continue until each of the reserves is used
 follows :                                                              up .
                                                           (in tones)
                                                                        4 . By way of derogation from paragraphs 1,2 , and 3 , a
                           ex 03.02      ex 03.02       ex 03.02
                             Alb )        Alb)           A I b)
                                                                        Member State may draw shares smaller than those fixed in
                          (NIMEXE       (NIMEXE        (NIMEXE          those paragraphs if there is reason to believe that they
                             code          code           code          might not be used up . It shall inform the Commission of its
                           03.02-11 )   03.02-12 )     03.02-13 )       reasons for applying this paragraph .
Benelux                         68           263              1
Denmark                          2              2          330
Germany                         45           338              1
Greece                          33           235           218                                      Article 4
Spain                                                      641
France                          36         2 243           977
Ireland                                                                 The additional shares drawn pursuant to Article 3 shall be
                                                                        valid until 31 December 1987 .
Italy                       3 101          2 900         1 942
Portugal                                   5 266         4 385
United Kingdom                  15              3             5
I                           3 300        11 250          8 500
                                                                                                    Article 5
                                                                        The Member States shall return to the reserve , not later
3 . The second instalment of each quota, being                          than 1 October 1987 , such unused portion of their initial
respectively 600 , 2 000 and 1 500 tonnes , shall constitute            share as, on 15 September 1987 , is in excess of 20 % of the
the corresponding reserve.                                              initial volume. They may return a larger quantity if there
                                                                        are grounds for believing that this quantity may not be
                                                                        used .
4 . If an importer notifies the imminent import of the
products in question into a Member State that does not
participate in the initial allocation and if such importer              The Member States shall notify the Commission , not later
requests the benefit of the quota , the Member State                    that 1 October 1987 , of the total quantities of the products
concerned shall inform the Commission and draw an                       in question imported up to 15 September 1987 and charged
amount corresponding to these requirements to the extent                against the tariff quota and of any quantity of the initial
that the available balance of the reserve so permits .                  shares returned to the reserve .
                              Article 3
                                                                                                    Article 6
1.   If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2), or 90 % of that share minus the            The Commission shall keep an account of the shares
portion returned to the corresponding reserve where Article             opened by the Member States pursuant to Articles 2 and 3
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                               No L 377 / 7
and, as soon as it is notified, shall inform each State of the       3 . Member States shall charge imports of the products in
extent to which the reserves have been used up .                     question against their shares as and when the products are
                                                                     entered with the customs authorities for free circulation .
It shall inform the Member States , not later than 5 October
1987 , of the amount in each reserve after quantities have           4 . The extent to which a Member State has used up its
been returned thereto pursuant to Article 5 .                        shares shall be determined on the basis of the imports of
                                                                     the products concerned originating in Norway and entered
It shall ensure that the drawing which exhausts any reserve          with customs authorities for free circulation .
does not exceed the balance available and , to this end , shall
notify the amount of that balance to the Member State
making the last drawing.                                                                       Article 8
                                                                     At the Commission's request , the Member States shall
                                                                     inform it of imports of the products concerned actually
                            Article 7                                charged against their shares .
1 . The Member States shall take every measure necessary
                                                                                               Article 9
to ensure that additional shares drawn pursuant to Article
3 are opened in such a way that imports may be charged
without interruption against their accumulated shares of             The Member States and the Commission shall cooperate
the tariff quota .                                                   closely to ensure that this Regulation is complied with .
2 . The Member States shall ensure that importers of the                                      Article 10
products in question have free access to the shares allocated
to them .                                                            This Regulation shall enter into force on 1 April 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