Council Regulation (EEC) No 411/87 of 9 February 1987 opening, allocating and providing for the administration of Community tariff quotas for certain fishery products, salted, falling within subheadings ex 03.02 A I b) and ex 03.02 A II a) of the Common Customs Tariff (1987)

COUNCIL  REGULATION (EEC) No 411/87
of 9 February 1987
opening, allocating and providing for the administration of Community tariff quotas for certain fishery products, salted, falling within subheadings ex 03.02 A I b) and ex 03.02 A II a) of the Common Customs Tariff (1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has undertaken to open annual duty- free Community tariff quotas for cod, whole, salted, and fillets of cod, salted, falling within subheadings ex 03.02 A I b) and ex 03.02 A II a) of the Common Customs Tariff, and for 1987 within the limits of 6 000 and 4 000 tonnes respectively; whereas the benefit of the first of these is provided for fish of the 'Gadus morhua' species; whereas, therefore, it is necessary to open on 1 January 1987 the tariff quotas in question and to allocate them among the Member States;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate of levy for the tariff quota should be applied consistently to all imports until the quota is used up; whereas, in the light of the principles outlined above, a Community tariff arrangement based on an allocation between the Member States would seem to preserve the Community nature of the quota; whereas, to represent as closely as possible the actual development of the market in the product in question, the allocation should follow proportionately the requirements of the Member States calculated both from statistics of imports from third countries during a representative reference period and according to the economic outlook for the tariff year in question;
Whereas, however, the products in question are not as such separately specified in the statistical nomenclatures; whereas it has therefore not yet been possible to obtain sufficiently precise and representative figures; whereas, therefore, figures should be based on statistics of imports from third countries which do not benefit from a tariff preference of cod and cod fillets whatever their species, presentation or method of preservation; whereas, for these products, the percentage shares of the initial participation in the quota volumes can thus be established as follows:
1.2.3 //  //  //  //  // ex 03.02 A I b)   // ex 03.02 A II a)   //    //   //   // Benelux   // 1,63   // 0,04  // Denmark   // 1,68   // 0,08   // Germany   // 2,89  // 0,08   // Greece   // 16,71   // 1,02   // France  // 29,03   // 4,13   // Ireland   // 0,03   // 0,04   // Italy   // 46,46   // 95,57   // United Kingdom   // 1,57   // 0,04  //    //   //
Whereas, to take account of the possible import trends for these fish, the quota volumes should be divided into two instalments, the first being allocated between 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 give importers some degree of certainty, the first instalment of the tariff quotas should be fixed at a high level, which in this case, could be approximately 60 % of the amount of the quota volumes;
Whereas initial shares may be used up at different rates; whereas, 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 in a position to keep account of the extent to which the quotas have been used up and to inform the Member States accordingly;
Whereas if, at a given date in the quota period, a considerable quantity of a Member State's initial share remains unused it is essential that such State should return a significant proportion thereof to the reserve, in order to prevent a 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,