lagen.nu
31986R2060

31986R2060

CELEX
31986R2060
Datum
1986-06-30
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1986-12-31.

1.7.86 No L 176 / 9 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 2060/86

of 30 June 1986

opening, allocating and providing for the administration of a Community tariff quota for deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) falling within subheadings ex 03.01 B II b) 17 and ex 03.01 Bin) 2 of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, to take account of possible import trends for the product concerned, the quota volume should be divided into two instalments, the first being allocated between certain Member States and the second held as a Having regard to the Treaty establishing the European reserve to meet subsequent requirements of Member Economic Community, and in particular Article 28 thereof, States which have used up their initial shares and any additional requirements which might arise in the other Member States ; whereas , to give importers of the Member States some degree of certainty, the first Having regard to the draft Regulation submitted by the instalment of the tariff quota should be fixed at a Commission , relatively high level, which in this case could be 5 700 tonnes ;

Whereas Community supplies of deep-frozen fillets and Whereas initial shares may be used up at different rates ; minced blocks of Alaska pollack ( Theragra chalcogramma) whereas, to avoid disruption of supplies on this account, currently depend on imports from third countries ; it should be provided that any Member State which has whereas, it is in the Community's interest to suspend almost used up its initial share should draw an additional partially the Common Customs Tariff duty for the share from the reserve ; whereas, each time its additional product in question, within the Community tariff quota share is almost used up, a Member State should draw a of an appropriate volume ; whereas, in order not to call further share, and so on as many times at the reserve into question the development prospects of this allows ; whereas the initial and additional shares be valid production in the Community while ensuring an until the end of the quota period ; whereas this form of adequate supply to satisfy user industries , it is advisable administration requires close collaboration between the to open this quota for the period until 31 December Member States and the Commission , which latter must 1986, at a duty rate of 5 % and to fix the volume thereof be in a position to keep account of the extent to which at 6 300 tonnes ; the quotas have been used up and to inform the Member States accordingly ;

Wheras, in particular, equal and continuous access to the Whereas, since the Kingdom of Belgium, the Kingdom quota should be ensured for all Community importers of the Netherlands and the Grand Duchy of Luxem­ and the rate of duty for the tariff quota should be bourg are united within and jointly represented by the applied consistently to all imports until the quota is Benelux Economic Union, any measure concerning the exhausted ; whereas , in the light of these principles, administration of the shares allocated to that economic arrangements for the utilization of the tariff quota based union may be carried out by any one of its members, on an allocation among Member States would seem to be consistent with the Community nature of the quota ; whereas, to correspond as closely as possible to the HAS ADOPTED THIS REGULATION : actual trend in the market in the product in question, allocation of the quota should be in proportion to the requirements of the Member States as calculated by Article 1 reference to statistics of imports from third countries during a representative reference period and to the 1 . From the date on which this Regulation enters into force until 31 December 1986 , the Common Customs economic outlook for the quota period in question ; Tariff duty for deep-frozen fillets and minced blocks of Alaska pollack ( Theragra chaclogramma) falling within Common Customs Tariff subheadings ex 03.01 B II b) Whereas in the case in point there are no statistical data 17 and ex 03.01 B I n) 2 shall be suspended at a level of broken down by quality of products in question ; whereas 5 % within the limit of a Community tariff quota of the quota is an autonomous Community tariff quota 6 300 tonnes . intended to cover import needs arising in the Community, the quota volume may be allocated on the basis of the temporary import needs from third countries 2 . Within the limit of this tariff quota, the Kingdom expressed by each of the Member States ; whereas these of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant arrangements for allocation will equally ensure the uniform application of the Common Customs Tariff; provisions in the 1985 Act of Accession.

No L 176 / 10 1.7 . 86 Official Journal of the European Communities

3 . Imports of the products in question shall not 4 . By way of derogation from paragraphs 1 , 2 and 3, benefit from the quota referred to in paragraph 1 unless a Member State may draw shares lower than those the free-at-frontier price, which is determined by the specified in those paragraphs if there are grounds for Member States in accordance with Article 21 of Regu­ believing that those specified may not be used in full . lation (EEC) No 3796/ 81 ('), is at least equal to the Any Member State applying this paragraph shall inform reference price fixed, or to be fixed, by the Community the Commission of its grounds for so doing. for the products under consideration or the categories of the products concerned . Article 4

Article 2 Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 . 1 . A first instalment of 5 700 tonnes of this Community tariff quota shall be allocated among certain Member States, the shares, which subject to Article 5 Article 5 shall be valid until 31 December 1986 , shall amount to the following quantities : Member States shall, not later than 1 November 1986, return to the reserve the unused portion of their initial share which , on 15 October 1986 , is in excess of 20 % of (tonnes) the initial volume. They may return a greater portion if Benelux : 200 there are grounds for believing that it may not be used in 3 000 Germany : full . France : 1 500 United Kingdom : 1 000 Member States shall, not later than 1 November 1986, 2 . The second instalment of 600 tonnes shall notify the Commission of the total quantities of the constitute the reserve . product in question imported up to and including 15 October 1986 and charged against the Community tariff quota and of any portion of their initial shares returned 3 . Should an importer give notification of imminent to the reserve . importation on the product in question in another Member State and request the benefit of the quota, the Member State concerned shall inform the Commission Article 6 and draw an amount corresponding to its requirements The Commission shall keep an account of the shares to the extent that the available balance of the reserve so opened by the Member States pursuant to Articles 2 and permits . 3 and shall, as soon as the information reaches it, inform each State of the extent to which the reserve has been Article 3 used up.

1 . If a Member State has used 90 % or more of its It shall, not later than 5 November 1986, inform the initial share as fixed in Article 2 ( 1 ), it shall forthwith, by Member States of the amount still in reserve, following notifying the Commission, draw a second share, to the any return of shares pursuant to Article 5 . extent that the reserve so permits, equal to 5 % of its initial share rounded up as necessary to the next whole number. It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to this end shall notify the amount of that balance to the 2 . If a Member State , after exhausting its initial share, Member State making the last drawing. has used 90 % or more of the second share drawn by it, that Member State shall forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share Article 7 equal to 2,5 % of its initial share rounded up as 1 . Member States shall take all appropriate measures necessary to the next whole number. to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be 3 . If a Member State, after exhausting its second share charged without interruption against their aggregate has used 90 % or more of the third share drawn by it, shares of the Community tariff quota. that Member State shall, in the manner and to the extent provided in paragraph 1 , draw a fourth share equal to the third . 2 . Member States shall ensure that importers of the product in question have free access to the shares allotted to them . This process shall apply until the reserve is used up .

3 . Member States shall charge imports of the product in question against their shares as the product is entered with the customs authorities for free circulation . (') OJ No L 379 , 31 . 12 . 1981 , p. 1 .

1.7.86 No L 176 / 11 Official Journal of the European Communities

Article 9 4. The extent to which Member States have used up their shares shall be determined on the basis of imports The Member States and the Commission shall cooperate charged against them under the conditions set out in closely to ensure that this Regulation is complied with. paragraph 3 . Article 10 Article 8 This Regulation shall enter into force on the day At the Commission's request, the Member States shall following its publication in the Official Journal of the inform it of imports actually charged against their shares. 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