31986R2059

1.7.86 No L 176 / 7 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 2059/86 of 30 June 1986 opening, allocating and providing for the administration of a Community tariff quota for saithe (Pollachius rirens) salted, whole and fillets of saithe, salted and falling within subheadings ex 03.02 A I f) and ex 03.02 A II d) of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES, quotas have been used up ; whereas, however, since the quotas are to cover requirements which cannot be determined with sufficient accuracy, it should not be Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 allocated among the Member States, without prejudice thereof, to the drawing against the quota volumes of such quantities as they may need, under the conditions and according to a procedure to be determined ; whereas this Having regard to the draft Regulation submitted by the method of management requires close cooperation Commission , between the Member States and the Commission and the latter must in particular be able to monitor the rate at Whereas Community supplies of saithe (Pollachius virens) which the quotas are used up and inform the Member salted, whole and fillets of saithe, salted, currently States thereof ; depend on imports from third countries ; whereas it is in the Community's interest to suspend partially the Whereas, since the Kingdom of Belgium, the Kingdom Common Customs Tariff duty for the products in of the Netherlands and the Grand Duchy of Luxem­ question, within the limits of the Community tariff bourg are united within and jointly represented by the quotas of appropriate volumes ; whereas, in order not to Benelux Economic Union, all transactions concerning call into question the development prospects of this the administration of shares allocated to that economic production in the Community while ensuring an union may be carried out by any one of its members , adequate supply to satisfy user industries, it is advisable to open these quotas for the period until 31 December HAS ADOPTED THIS REGULATION : 1986 at duty rates of 6 % and 8 % respectively and to fix the volumes thereof at 1 000 and 2 500 tonnes ; Article 1 Whereas it is necessary, in particular, to ensure for all 1 . From that date on which this Regulation enters into Community importers equal and uninterrupted access to force until * 31 December 1986 the Common Customs the rate laid down for these quotas to all imports of the Tariff duties for the following products shall be products concerned into all Member States until the suspended at the levels and within the limits shown :

CCT heading Description Quota volume Duty rate No

ex 03.02 A I f) Saithe, (Pollachius virens), salted, whole 1 000 tonnes 6 % ex 03.02 A II d) Fillets of saithe, salted 2 500 tonnes 8 %

2 . Within the limits of these tariff quotas , the for the products under consideration or the categories of Kingdom of Spain and the Portuguese Republic shall the products concerned. apply customs duties calculated in accordance with the relevant provisions in the 1985 Act of Accession. 4 . Should an importer give notification of imminent 3 . Imports of the products in question shall not importation of the product in a Member State and benefit from the quotas referred to in paragraph 1 unless request the benefit of one or other of the quotas , the Member States concerned shall inform the Commission the free-at-frontier price, which is determined by the Member States in accordance with Article 21 of Regu­ and draw an amount corresponding to its requirements to the extent that the available balance of the reserve so lation (EEC) No 3796/ 81 (x), is at least equal to the reference price fixed, or to be fixed, by the Community permits .

5 . The shares drawn pursuant to paragraph 4 shall be (') OJ No L 379 , 31 . 12 . 1981 , p. 1 . valid until the end of the quota period .

No L 176 / 8 Official Journal of the European Communities 1.7 . 86

Article 2 Article 3 1 . Member States shall take all appropriate measures At the request of the Commission, Member States shall to ensure that their drawings pursuant to Article 1 (4) inform it of imports actually charged against these are carried out in such a way that imports may be quotas . charged without interruption against their accumulated shares of the Community quotas . Article 4 2 . Each Member State shall ensure that importers of The Member States and the Commission shall the said goods have access to the quotas for such time as the residual balance of the quota volumes so permits. collaborate closely in order to ensure that this Regu­ lation is complied with . 3 . Member States shall charge imports of the said goods against their drawings as and when the goods are entered at customs for free circulation . Article 5

4. The extent to which the quotas have been used up This Regulation shall enter into force on the day shall be determined on the basis of the imports charged following its publication in the Official Journal of the in accordance with paragraph 3 . 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