31986R2061

No L 176 / 12 1.7.86 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 2061 /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 hake (Merluccius Hubbsi) falling within subheadings ex 03.01 B II b) 9 and ex 03.01 B 1 1) 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 States which have used up their initial shares and any thereof, additional requirements which might arise in the other Member States ; whereas, to give importers of the Member States some degree of certainty, the first instalment of the tariff quota should be fixed at a Having regard to the draft Regulation submitted by the relatively high level, which in this case could be 6 250 Commission , tonnes ;

Whereas initial shares may be used up at different rates ; Whereas Community supplies of deep-frozen fillets and whereas , avoid avid disruption of supplies on this minced blocks of hake (Merluccius Hubbsi) currently account, it should be provided that any Member State depend on imports from third countries ; whereas it is in which has almost used up its initial share should draw an the Community's interest to suspend partially the additional share from the reserve ; whereas, each time its Common Customs Tariff duty for the product in additional share is almost used up, a Member State question, within the Community tariff quota of an should draw a further share, and so on as many times as appropriate volume ; whereas, in order not to call into the reserve allows ; whereas the initial and additional question the development prospects of this production in shares be valid until the end of the quota period ; the Community while ensuring an adequate supply to whereas this form of administration requires close collab­ satisfy user industries, it is advisable to open this quota oration between the Member States and the Commission, for the period until 31 December 1986 at a duty rate of which latter must be in a position to keep account of the 5 % and to fix the volume thereof at 7 250 tonnes ; extent to which the quotas have been used up and to inform the Member States accordingly ;

Whereas, in particular, equal and continuous access to the quota should be ensured for all Community Whereas, since the Kingdom of Belgium, the Kingdom importers and the rate of duty for the Tariff quota of the Netherlands and the Grand Duchy of Luxem­ should be applied consistently to all imports until the bourg are united within and jointly represented by the quota is exhausted ; whereas, in the light of these Benelux Economic Union, any measures concerning the administration of the shares allocated to that economic principles, arrangements for the utilization of the tariff union may be carried out by any one of its members, quota based on an allocation among Member States would seem to be consistent with the Community nature of the quota ; whereas, to correspond as closely as HAS ADOPTED THIS REGULATION : possible to the actual trend in the market in the product in question, allocation of the quota should be in pro­ portion to the requirements of the Member States calculated by reference to statistics of imports from third Article 1 countries during a representative reference period and to the economic outlook for the quota period in question ; 1 . From the date on which this Regulation enters into force until 31 December 1986 the Common Customs Tariff duty for deep-frozen fillets and minced blocks of hake (Merluccius Hubbsi) falling within subheadings ex Whereas in the case in point there are no statistical data 03.01 B II b) 9 and ex 03.01 B I t) 2 shall be suspended broken down by quality of products in question, whereas at a level of 5 % within the limit of a Community tariff the quota is an autonomous Community tariff quota quota of 7 250 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 limits of this tariff quota, the Kingdom expressed by each of the Member States ; whereas these of Spain and the Portuguese Republic shall apply arrangements for allocation will equally ensure the customs duties calculated in accordance with the relevant uniform application of the Common Customs Tariff; provisions in the 1985 Act of Accession .

1.7.86 No L 176 / 13 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 tariff quota referred to in paragraph 1 a Member State may draw shares lower than those unless the free-at-frontier price, which is determined by specified in those paragraphs if there are grounds for the Member States in accordance with Article 21 of believing that those specified may not be used in full. Regulation (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 hy the Community the Commission of its grounds for so doing. for the products under consideration or the categories of the products concerned. Article 4

Additional shares drawn pursuant to Article 3 shall be Article 2 valid until 31 December 1986 . 1 . A first instalment of 6 250 tonnes of this Community tariff quota shall be allocated among certain Article 5 Member States, the shares, which subject to Article 5 shall be valid until 31 December 1986, shall amount to Member States shall, not later than 1 November 1986, the following quantities : return to the reserve the unused portion of their initial (tonnes) share which, on 15 October 1986, is in excess of 20 % of Benelux : 200 the initial volume . They may return a greater portion if Denmark : 300 there are grounds for believing that it may not be used in full . 4 200 Germany : France : 800 750 Member States shall, not later than 1 November 1986, Italy : notify the Commission of the total quantities of the 2 . The second instalment of 1 000 tonnes shall product in question imported up to and including 15 constitute the reserve . October 1986 and charged against the Community tariff quota and of any portion of their initial shares returned to the reserve . 3 . Should an importer give notification of imminent importation of the product in a Member State and request the benefit of the quota, the Member State Article 6 concerned shall inform the Commission and draw an The Commission shall keep an account of the shares amount corresponding to its requirements to the extent opened by the Member States pursuant to Articles 2 and that the available balance of the reserve so 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 Article 7 the extent provided in paragraph 1 , draw a third share 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 charged without interruption against their aggregate share, has used 90 % or more of the third share drawn shares of the Community tariff quota. by it, that Member State shall, in the manner and to the extent provided in paragraph 1 , draw a fourth share 2 . Member States shall ensure that importers of the equal to the third. 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 . O OJ No L 379 , 31 . 12 . 1981 , p. 1 .

No L 176 / 14 Official Journal of the European Communities 1.7 . 86

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 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