31986R2058

1.7.86 No L 176 / 5 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 2058/86 of 30 June 1986 opening, allocating and providing for the administration of a Community tariff quota for cod, wet, salted and falling within subheading ex 03.02 A I b) of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAS ADOPTED THIS REGULATION :

Article 1 Having regard to the Treaty establishing the European 1 . From the date on which this Regulation enters into Economic Community, and in particular Article 28 force until 31 December 1986 the Common Customs thereof, Tariff duty for cod, wet, salted and falling within sub­ heading ex 03.02 Alb) shall be suspended at a level of 3 % within the limit of a Community tariff quota of 40 000 tonnes . Having regard to the draft Regulation submitted by the Commission , 2 . Within the limits of this tariff quota, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant Whereas Community supplies of cod, wet, salted and provisions in the 1985 Act of Accession . falling within subheading ex 03.02 A I b) of the Common Customs Tariff currently depend on imports from third countries ; whereas, on the basis of import 3 . Imports of the product in question shall not benefit estimates for 1986 , there is no doubt that the from the quota referred to in paragraph 1 unless the Community's needs will exceed the quantities provided free-at-frontier price, which is determined by the for in the Community tariff quotas opened until now for Member States in accordance with Article 21 of Regu­ these products ; whereas it is in the Community's interest lation (EEC) No 3796 / 81 ('), is at least equal to the to suspend partially the Common Customs Tariff duty reference price fixed, or to be fixed, by the Community for the products in question, within an additional for the product under consideration or the category of Community tariff quota of an appropriate volume ; the products concerned . whereas, in order to ensure an adequate supply to satisfy user industries, it is advisable to open this quota for the 4 . Should an importer give notification of imminent period until 31 December 1986 at a duty rate of 3 % and importation of the product in a Member State and to fix the volume thereof provisionally at 40 000 tonnes ; request the benefit of the quota, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance of the reserve so permits. Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the rate laid down for the quota to all imports of the 5 . The shares drawn pursuant to paragraph 4 shall be product concerned into all Member States until the valid until the end of the quota period . quota has been used up ; whereas , however, since the quota is to cover requirements which cannot be Article 2 determined with sufficient accuracy, it should not be allocated among the Member States, without prejudice 1 . Member States shall take all appropriate measures to the drawing against the quota volume of such to ensure that their drawings pursuant to Article 1 (4) quantities as they may need, under the conditions and are carried out in such a way that imports may be according to a procedure to be determined ; whereas this charged without interruption against their accumulated method of management requires close cooperation shares of the Community quota. between the Member States and the Commission and the latter must in particular be able to monitor the rate at 2 . Each Member State shall ensure that importers of which the quota is used up and inform the Member the said goods have access to the quota for such time as States thereof; the residual balance of the quota volume so permits .

3 . Member States shall charge imports of the said Whereas, since the Kingdom of Belgium, the Kingdom goods against their drawings as and when the goods are of the Netherlands and the Grand Duchy of Luxem­ entered for free circulation . bourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of shares allocated to that economic union may be carried out by any one of its members, (') OJ No L 379, 31 . 12 . 1981 , p. 1 .

No L 176 /6 1.7.86 Official Journal of the European Communities

4. The extent to which the quota has been used up Article 4 shall be determined on the basis of the imports charged The Member States and the Commission shall in accordance with paragraph 3 . collaborate closely in order to ensure that this Regu­ lation is complied with. Article 5 Article 3 This Regulation shall enter into force on the day At the request of the Commission, Member States shall following its publication in the Official Journal of the inform it of imports actually charged against the quota. 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