CELEX: 31986R2060
Language: en
Date: 1986-06-30 00:00:00
Title: Council Regulation (EEC) No 2060/86 of 30 June 1986 opening, allocating and providing for the administration of a Community tariff quota for deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) falling within subheadings ex 03.01 B II b) 17 and ex 03.01 B I n) 2 of the Common Customs Tariff

1.7.86                                  Official Journal of the European Communities                                No L 176 / 9
                                       COUNCIL REGULATION (EEC) No 2060/86
                                                        of 30 June 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                  deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) falling
                  within subheadings ex 03.01 B II b) 17 and ex 03.01 Bin) 2 of the Common Customs
                                                              Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas, to take account of possible import trends for
                                                                     the product concerned, the quota volume should be
                                                                     divided into two instalments, the first being allocated
Having regard to the Treaty establishing the European                between certain Member States and the second held as a
Economic Community, and in particular Article 28                     reserve to meet subsequent requirements of Member
thereof,                                                             States which have used up their initial shares and any
                                                                     additional requirements which might arise in the other
                                                                     Member States ; whereas , to give importers of the
                                                                     Member States some degree of certainty, the first
Having regard to the draft Regulation submitted by the               instalment of the tariff quota should be fixed at a
Commission,                                                          relatively high level, which in this case could be 5 700
                                                                     tonnes ;
Whereas Community supplies of deep-frozen fillets and               Whereas initial shares may be used up at different rates ;
minced blocks of Alaska pollack (Theragra chalcogramma)              whereas, to avoid disruption of supplies on this account,
currently depend on imports from third countries ;                   it should be provided that any Member State which has
whereas, it is in the Community's interest to suspend                almost used up its initial share should draw an additional
partially the Common Customs Tariff duty for the                     share from the reserve ; whereas, each time its additional
product in question, within the Community tariff quota               share is almost used up, a Member State should draw a
of an appropriate volume ; whereas, in order not to call             further share, and so on as many times at the reserve
into question the development prospects of this                      allows ; whereas the initial and additional shares be valid
production in the Community while ensuring an                        until the end of the quota period ; whereas this form of
adequate supply to satisfy user industries, it is advisable          administration requires close collaboration between the
to open this quota for the period until 31 December                  Member States and the Commission, which latter must
1986, at a duty rate of 5 % and to fix the volume thereof           be in a position to keep account of the extent to which
at 6 300 tonnes ;
                                                                    the quotas have been used up and to inform the Member
                                                                     States accordingly ;
Wheras, in particular, equal and continuous access to the           Whereas, since the Kingdom of Belgium, the Kingdom
quota should be ensured for all Community importers                  of the Netherlands and the Grand Duchy of Luxem­
and the rate of duty for the tariff quota should be
                                                                    bourg are united within and jointly represented by the
applied consistently to all imports until the quota is               Benelux Economic Union, any measure concerning the
exhausted ; whereas , in the light of these principles,              administration of the shares allocated to that economic
arrangements for the utilization of the tariff quota based           union may be carried out by any one of its members,
on an allocation among Member States would seem to
be consistent with the Community nature of the quota ;
whereas, to correspond as closely as possible to the                 HAS ADOPTED THIS REGULATION :
actual trend in the market in the product in question,
allocation of the quota should be in proportion to the
requirements of the Member States as calculated by                                             Article 1
reference to statistics of imports from third countries
during a representative reference period and to the                  1.    From the date on which this Regulation enters into
economic outlook for the quota period in question ;                  force until 31 December 1986, the Common Customs
                                                                     Tariff duty for deep-frozen fillets and minced blocks of
                                                                    Alaska pollack (Theragra chaclogramma) falling within
                                                                     Common Customs Tariff subheadings ex 03.01 B II b)
Whereas in the case in point there are no statistical data           17 and ex 03.01 B I n) 2 shall be suspended at a level of
broken down by quality of products in question ; whereas             5 % within the limit of a Community tariff quota of
the quota is an autonomous Community tariff quota                    6 300 tonnes .
intended to cover import needs arising in the
Community, the quota volume may be allocated on the
basis of the temporary import needs from third countries             2 . Within the limit of this tariff quota, the Kingdom
expressed by each of the Member States ; whereas these               of Spain and the Portuguese Republic shall apply
arrangements for allocation will equally ensure the                  customs duties calculated in accordance with the relevant
uniform application of the Common Customs Tariff;                    provisions in the 1985 Act of Accession.
 ---pagebreak---  No L 176 / 10                                 Official Journal of the European Communities                                    1.7 . 86
 3 . Imports of the products in question shall not                         4. By way of derogation from paragraphs 1 , 2 and 3,
 benefit from the quota referred to in paragraph 1 unless                  a Member State may draw shares lower than those
 the free-at-frontier price, which is determined by the                    specified in those paragraphs if there are grounds for
 Member States in accordance with Article 21 of Regu­                      believing that those specified may not be used in full.
 lation (EEC) No 3796/ 81 ('), is at least equal to the                    Any Member State applying this paragraph shall inform
 reference price fixed, or to be fixed, by the Community                   the Commission of its grounds for so doing.
 for the products under consideration or the categories of
 the products concerned .
                                                                                                    Article 4
                             Article 2                                    Additional shares drawn pursuant to Article 3 shall be
                                                                          valid until 31 December 1986 .
 1.    A    first  instalment     of     5 700   tonnes     of  this
 Community tariff quota shall be allocated among certain
 Member States, the shares, which subject to Article 5                                              Article 5
shall be valid until 31 December 1986, shall amount to
the following quantities :                                                Member States shall, not later than 1 November 1986,
                                                                          return to the reserve the unused portion of their initial
                                                    (tonnes)              share which, on 15 October 1986, is in excess of 20 % of
         Benelux :                                       200
                                                                          the initial volume. They may return a greater portion if
                                                                          there are grounds for believing that it may not be used in
         Germany :                                    3 000
                                                                          full .
         France :                                      1 500
         United Kingdom :                              1 000
                                                                          Member States shall, not later than 1 November 1986,
2.     The second instalment              of  600    tonnes    shall      notify the Commission of the total quantities of the
constitute the reserve .                                                  product in question imported up to and including 15
                                                                          October 1986 and charged against the Community tariff
                                                                          quota and of any portion of their initial shares returned
3 . Should an importer give notification of imminent                      to the reserve .
importation on the product in question in another
Member State and request the benefit of the quota, the
Member State concerned shall inform the Commission                                                 Article 6
and draw an amount corresponding to its requirements
to the extent that the available balance of the reserve so               The Commission shall keep an account of the shares
permits .                                                                 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
                             Article 3                                    used up.
1.     If a Member State has used 90 % or more of its
initial share as fixed in Article 2 ( 1 ), it shall forthwith, by         It shall, not later than 5 November 1986, inform the
notifying the Commission, draw a second share, to the                     Member States of the amount still in reserve, following
extent that the reserve so permits, equal to 5 % of its                   any return of shares pursuant to Article 5.
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
                                                                         end shall notify the amount of that balance to the
2 . If a Member State , after exhausting its initial share,               Member State making the last drawing.
has used 90 % or more of the second share drawn by it,
that Member State shall forthwith, in the manner and to
the extent provided in paragraph 1 , draw a third share                                            Article 7
equal to 2,5 % of its initial share rounded up as
necessary to the next whole number.                                       1 . Member States shall take all appropriate measures
                                                                          to ensure that additional shares drawn pursuant to
                                                                         Article 3 are opened in such a way that imports may be
3 . If a Member State, after exhausting its second share                  charged without interruption against their aggregate
has used 90 % or more of the third share drawn by it,                     shares of the Community tariff quota.
that Member State shall, in the manner and to the extent
provided in paragraph 1 , draw a fourth share equal to
the third .                                                               2. Member States shall ensure that importers of the
                                                                         product in question have free access to the shares
                                                                         allotted to them .
This process shall apply until the reserve is used up.
                                                                          3 . Member States shall charge imports of the product
                                                                         in question against their shares as the product is entered
(') OJ No L 379, 31 . 12 . 1981 , p. 1 .                                 with the customs authorities for free circulation .
 ---pagebreak--- 1.7.86                                Official Journal of the European Communities                            No L 176/ 11
4. The extent to which Member States have used up                                          Article 9
their shares shall be determined on the basis of imports
charged against them under the conditions set out in             The Member States and the Commission shall cooperate
paragraph 3 .                                                    closely to ensure that this Regulation is complied with.
                                                                                          Article 10
                         Article 8
                                                                 This Regulation shall enter into force on the day
At the Commission's request, the Member States shall             following its publication in the Official Journal of the
inform it of imports actually charged against their shares.      European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Luxembourg, 30 June 1986.
                                                                                       For the Council
                                                                                         The President
                                                                                      N. SMIT-KROES