COUNCIL REGULATION (EEC) No 928/93 of 19 April 1993 opening and providing for the administration of Community tariff quotas for cod and fish of the species Boreogadus saida, originating in Norway (1993)
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 an Agreement between the European Economic Community and the Kingdom of Norway was concluded on 14 May 1973; whereas, following the accession of the Kingdom of Spain and the Portuguese Republic to the Community, an Agreement in the form of  exchanges of letters was concluded and approved by Decision 86/557/EEC (1);
Whereas the latter Agreement provides for the opening, on a date to be fixed by common accord, of Community tariff quotas at reduced or zero duty for cod and fish of the species Boreogadus saida originating in Norway; whereas the quota of 3 900 tonnes  envisaged for cod, dried and not salted has been opened at the request of the Kingdom of Norway and started on 1 January 1993 (2); whereas the tariff quotas for the other fish should therefore be opened for the period agreed from 1 April to 31 December  1993;
Whereas equal and continuous access to the said quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all the Member States until the  quotas are exhausted;
Whereas the decision for the opening, in the execution of its international obligations, of tariff quotas should be taken by the Community; whereas, to ensure the efficiency of a common administration of these quotas, there is no obstacle to authorizing  the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas, however, this method of administration requires close cooperation between the Member States and the Commission and the latter must, in  particular, be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;
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 operation concerning the administration of the quotas may be carried  out by any one of its members,
1. From 1 April to 31 December 1993, the customs duties applicable to imports of the following products originating in Norway shall be suspended at the levels indicated and within the limits of Community tariff quotas as shown below:
/* Tables: see OJ */
Member States in accordance with Article 22 of Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (3) is at least equal to the reference price.
3. The Protocol concerning the definition of the concept of originating products and methods of administrative cooperation annexed to the Agreement between the European Economic Community and the Kingdom of Norway shall apply.
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take all appropriate measures in order to ensure effective administration thereof.
If an importer presents in a Member State a declaration of entry into free circulation, including a request for benefit under the preferential system for a product covered by this Regulation and if this declaration is accepted by the customs  authorities, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements from the quota volume.
The drawing requests, with indication of the date of acceptance of the said declarations, must be transmitted to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declarations of entry into free circulation by the customs authorities of the Member State concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed thereof by the Commission.
Each Member State shall ensure importers of the products concerned equal and continuous access to the quotas for such time as the residual balance of quota volumes so permits.
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 April 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.