COUNCIL  REGULATION (EEC) N° 3923/91 of 23 December 1991 opening and providing for the administration of  Community tariff quotas and ceilings and establishing Community surveillance for certain fish and  fishery products originating in the Faroe Islands (1992)
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 Council Decision 91/668/EEC of 2 December 1991 concerning the conclusion of the  Agreement between the European Economic Community, the Government of Denmark and the Home  Government of Faroe Islands (1),
Having regard to the proposal from the Commission,
Whereas Articles 3 and 8 of the abovementioned Decision provide that customs duties applicable to  imports into the Community of Ten of certain fish and fishery products listed in Protocol 1  attached to the said Decision will be abolished on 1 January 1992; whereas the abolition is subject  to Community tariff quotas and ceilings and, for some of these products, Community statistical  surveillance; whereas the said Community tariff quotas and ceilings in respect of products  originating in the Faroe Islands should therefore be opened from 1 January 1992 for the volumes  indicated respectively in Annexes I and II and Community statistical surveillance should be  established in respect of the products listed in Annex III;
Whereas, in the context of these tariff measures, the Kingdom of Spain and the Portuguese Republic  will apply customs duties calculated in accordance with Articles 173 (1) and (2) and 360 (1) (b)  and (2) respectively of the Act of Accession;
Whereas the preferential rates of duty indicated in Annexes I, II and III apply only where the  free-at-frontier price determined by the Member States in accordance with Article 21 of Regulation  (EEC) N° 3796/81 of 29 December 1981 on the common organization of the market in fishery products  (2) is at least equal to the reference price set, or to be set, by the Community for the products  or categories of products concerned;
Whereas equal and continuous access to the quotas in respect of the products listed in Annex I  should be ensured for all Community importers and the rates of duty laid down for the quotas should  be applied consistently to all imports of the products in question in all Member States until the  quotas are exhausted; whereas the necessary steps should be taken to ensure that the tariff quotas  are administered efficiently at Community level, enabling the Member States to draw from the quotas  the quantities required, corresponding to the actual imports recorded; whereas this method of  administering the quotas calls for close cooperation between the Member States and the Commission;
Whereas the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg  are joined in, and represented by, the Benelux economic union; whereas any operation concerning the  administration of the quotas may therefore be carried out by one of its members;
Whereas, in respect of products listed in Annex II and subject to Community tariff ceilings,  Community surveillance may be effected by charging imports of these products against the ceilings  at Community level as and when the products are presented at customs and declared for free  circulation; whereas this method of administering the ceilings should enable customs duties to be  restored as soon as the ceilings in question are reached at Community level;
Whereas, this method of administering the ceilings calls for close and speedy cooperation between  the Member States and the Commission, which must be able to monitor the level reached by imports  charged against the ceilings and inform the Member States accordingly; whereas this cooperation  should be close enough to allow the Commission to take the appropriate steps to restore customs  duties as soon as one of the ceilings is reached;
Whereas, for the products listed in Annex III, it would seem appropriate to have recourse to the  system of statistical surveillance administered by the Commission pursuant to the relevant  provisions of Regulation (EEC) N° 2658/87 (1) and (EEC) N° 1736/75 (2),
1.  From 1 January to 31 December 1992, the customs duty applicable  to imports into the Community as constituted on 31 December 1985 of products listed in Annex I and  originating in the Faroe Islands shall be suspended at the level indicated in the said Annex and  within the limits of the Community tariff quotas specified therein.
2.  Within the limits of the tariff quotas, the Kingdom of Spain and the Portuguese Republic shall  apply customs duty calculated in accordance with Articles 173 (1) and (2) and 360 (1) (b) and (2)  respectively of the Act of Accession.
The tariff quotas referred to in Article 1 shall be administered by the Commission,  which may take any appropriate administrative measure to ensure efficient operation.
Where an importer enters a product covered by this Regulation for free circulation in a  Member State accompanied by a request for preferential treatment and by a movement certificate, and  his declaration is accepted by the customs authorities, the Member State concerned shall, by  notifying the Commission accordingly, draw a quantity from the quota concerned to satisfy the  requirement.
Applications for drawings from the quotas shall indicate the date on which the declarations were  accepted and shall be sent to the Commission forthwith.
Drawings shall be granted by the Commission on the basis of the date when the declarations for free  circulation were accepted by the customs authorities of the Member State concerned, proviced the  available balance is sufficient.
Where a Member State fails to use the quantities drawn it shall return them as soon as possible to  the relevant quota.
Where the quantities applied for are in excess of the available balance, allocation shall be made  in proportion to the requirements. The Member States shall be informed by the Commission of the  quantities drawn.
1.  From 1 January to 31 December 1992 imports into the Community as constituted on 31  December 1985 of certain products listed in Annexes II and III and originating in the Faroe Islands  shall be subject respectively to import ceilings and Community surveillance.
The description of the products referred to in the first subparagraph, the ceilings and the customs  duty applicable are specified in the said Annexes.
2.  As part of these tariff measures, the Kingdom of Spain and the Portuguese Republic shall apply  duties calculated in accordance with Articles 173 (1) and (2) and 360 (1) (b) and (2) respectively  of the Act of Accession.
3.  Imports shall be charged against the ceilings as and when the products are presented to customs  under cover of declarations for free circulation accompanied by a movement certificate complying  with the rules laid down in the protocol concerning the definition of the concept of originating  products and methods of administrative cooperation, attached to Decision 91/668/EEC.
Goods may only be charged against the ceiling where the movement certificate is presented before  the date when collection of customs duty is resumed.
Utilization of ceilings shall be recorded at Community level on the basis of imports charged  against them as specified in the first and second subparagraphs.
Member States shall inform the Commission of any import operation carried out in accordance with  the procedure determined above at the intervals and within the deadlines laid down in paragraph 5.
4.  As soon as the ceilings are reached, the Commission may, by adopting a Regulation, resume the  collection of the customs duties applicable to third countries until the end of the calendar year.
5.  Member States shall send the Commission, no later than the 15th of each month, the statements  showing the quantities charged during the preceding month.
6.  The statistical surveillance provided for in respect of products specified in Annex III to this  Regulation shall be carried out at Community level on the basis of imports charged as specified in  the first subparagraph of paragraph 3 and notified to the Statistical Office of the European  Communities pursuant to Regulations (EEC) N° 2658/87 and (EEC) N° 1736/75.
Rates of duty specified in Annexes I, II and III shall apply only where the  free-at-frontier price determined by Member States in accordance with the provisions of Regulations  (EEC) N° 3796/81 and (EEC) N° 3468/88 is at least equal to the reference price set or to be set by  the Community in respect of the products or categories of products concerned.
The Commission shall adopt all appropriate measures, in close cooperation with the  Member States, to apply this Regulation.
This Regulation shall enter into force on 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.