31986R4022

31 , 12 . 86 No L 375 / 16 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4022 / 86

of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for fillets of cod , originating in Norway , falling within subheading 03.02 A II a) of the Common Customs Tariff ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , during the years under consideration , the products in question were imported only by certain Member States and Having regard to the Treaty establishing the European not at all by the other Member States ; whereas , under these Economic Community , and in particular Article 113 circumstances , initial shares should be allocated to the thereof, importing Member States and the other Member States should be guaranteed access to the benefit of the tariff quota Having regard to the Act of Accession of Spain and upon imports into those States of the products concerned Portugal , being notified ; whereas these arrangements for allocation will equally ensure the uniform application of the Common Having regard to the proposal from the Commission , Customs Tariff; Whereas an Agreement between the European Economic Community and the Kingdom of Norway was concluded on Whereas , taking account of these factors , the initial 14 May 1973 ; percentage shares in the quota volume can be set approximately as follows : Whereas the aforesaid agreement in particular provides for the opening of a Community tariff quota at zero duty for fillets of cod originating in Norway ; whereas therefore the Denmark 0,77 tariff quota in question should be opened for the period Germany 0,12 1 January to 31 December 1987 ; Greece 0,09 Spain 0,44 Whereas equal and continuous access to the quota should be France 0,77 ensured for all importers and the rate of levy for the tariff Italy 97,81 ; quota should be applied consistently to all imports until the quota is used up ; whereas , in the light of the principles outlined above , a Community tariff arrangement based on an Whereas , to take account of the possible import trends for allocation between the Member States would seem to these products , the quota volume should be divided into two preserve the Community nature of the quota ; whereas , to instalments , the first being allocated between the Member represent as closely as possible the actual development of the States and the second held as a reserve to cover any market in the said products , the allocation should follow subsequent requirements of Member States which have used proportionately the requirements of the Member States up their initial share ; whereas, to afford importers some calculated both from statistics of imports from Norway degree of certainty , the first instalment of the tariff quota during a representative reference period and according to the should be fixed at a high level , which in this case could be economic outlook for the tariff year in question ; 80% of the amount of the quota ;

Whereas , during the last three years for which statistics are available , imports , in tonnes , into each of the Member States Whereas initial shares may be used up at different rates ; were as follows : whereas , to avoid disruption of supplies on this account , it should be provided that any Member State which has almost (in tonnes) used up its initial share should draw an additional share from the reserve ; whereas , each time its additional share is almost 1983 1984 1 1985 used up , a Member State should draw a further share and so on as many times as the reserve allows ; whereas the initial Benelux 0 0 0 and additional shares should be valid until the end of the Denmark 12 72 10 quota period ; whereas this form of administration requires Germany 15 0 0 close collaboration between the Member States and the Greece 0 0 11 Commission and the Commission must be in a position to Spain 17 37 0 keep account of the extent to which the quotas have been France 29 58 8 used up and to inform the Member States accordingly ; Ireland 0 0 0 Italy 4 751 4 589 2 691 0 0 Whereas , if at a given date in the quota period a considerable Portugal 0 quantity of a Member State's initial share remains unused , it United Kingdom 0 0 0 is essential that such a Member State should return a significant proportion thereof to the reserve , in order to 4 824 4 756 2 720 prevent a part of the Community tariff quota from remaining

Official Journal of the European Communities No L 375 / 17 31 . 12 . 86

HAS ADOPTED THIS REGULATION : unused in one Member State while it could be used in others ; # Article 1 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 1 . From 1 January to 31 December 1987 the Common Union , any measure concerning the administration of the Customs Tariff duty on the following products originating in shares allocated to that economic union may be carried out Norway shall be suspended at the level and within the limit of by any one of its members , the Community tariff quota shown herewith :

CCT Quota Rate Order volume heading Description of duty No in tonnes No ( % )

09.0709 03.02 Fish , dried , salted or in brine ; smoked fish , whether or not cooked before or during the smoking process :

A. Dried , salted or in brine II . Fillets : a ) of cod (Gadus morhua, Boreogadus saida, Gadus ogac) 3 000 0

Within the limits of this tariff quota , the Kingdom of Spain 3 . The second instalment of the quota , being 600 tonnes , and the Portuguese Republic shall aplly duties of 5,1 % and shall constitute the reserve . 0% respectively . 4 . If an importer notifies the imminent import of the 2 . Imports of the products in question shall not benefit products in question into a Member State which does not from the tariff quota referred to in paragraph 1 unless the participate in the initial allocation and requests the benefit of free-at-frontier-price , which is determined by the Member the quota , the Member State concerned shall inform the States according to Article 21 of Regulation { EEC ) No Commission and draw an amount corresponding to these 3796 / 81 (*) as last amended by Regulation ( EEC ) No requirements to the extent that the available balance of the 2315 / 86 ( 2 ) is at least equal to the reference price if such a reserve so permits . price has been fixed by the Community for the product or categories of products under consideration .

3 . The Protocol on the definition of the concept of originating products and on methods of administrative Article 3 cooperation , annexed to the Agreement between the European Economic Community and the Kingdom of Norway , shall be applicable . 1 . If a Member State has used 90 % or more of its initial share as fixed in Article 2 ( 2 ), or of that share minus any proportion returned to the reserve pursuant to Article 5 , it Article 2 shall forthwith , by notifying the Commission , draw a second share , to the extent that the reserve so permits , equal to 10 % 1 . The tariff quota laid down in Article 1 ( 1 ) shall be of its initial share , rounded up as necessary to the next whole divided into two instalments . number .

2 . A first instalment of this quota shall be allocated 2 . If a Member State , after exhausting its initial share , has among certain Member States . The respective shares which , used 90% or more of the second share drawn by it , that subject to Article 5 , shall be valid until 31 December 1987 , Member State shall forthwith , in the manner and to the shall be as follows : extent provided in paragraph 1 , jdraw a third share equal to (in tonnes) 5 % of its initial share , rounded up as necessary to the whole 18 number . Denmark Germany 3 Greece 2 3 . If a Member State , after exhausting its second share , Spain 11 has used 90% or more of the third share drawn by it, that France 18 Member State shall , in the manner and to the extent provided Italy 2 348 in paragraph 1 , draw a fourth share equal to the third .

(M OJ No L 379 , 31 . 12 . 1981 , p . 1 . ( 2 ) OJ No L 202 , 25 . 7 . 1986 , p . 1 . This process shall apply until the reserve is used up .

No L 375 / 18 Official Journal of the European Communities 31 . 12 . 86

4 . By way of derogation from paragraphs 1 , 2 and 3 , a notify the amount of that balance to the Member State Member State may draw shares lower than those specified in making the last drawing . those paragraphs if there are grounds for believing that those specified may not be used in full . Any Member State applying this paragraph shall inform the Commission of its grounds Article 7 for so doing . 1 . The Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 Article 4 are opened in such a way that importations may be charged without interruption against their accumulated shares of the Additional shares drawn pursuant to Article 3 shall be valid Community quota . until 31 December 1987 . 2 . The Member State shall ensure that importers of the product in question have free access to the shares allocated to Article 5 them .

Member States shall , not later than 1 October 1987 , return 3 . The Member States shall charge imports of the product to the reserve the unused portion of their initial share which , in question against their shares as and when the product is on 15 September 1987 is in excess of 20% of the initial entered with the customs authorities for free circulation . volume . They may return a greater portion if there are grounds for believing that it may not be used in full . 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports charged Member States shall , not later than 1 October 1987 , notify in accordance with paragraph 3 . the Commission of the total quantities of the product in question imported up to and including 15 September 1987 and charged against the Community quota and of any Article 8 portion of their initial shares returned to the reserve .

At the request of the Commission , the Member State shall inform it of imports actually charged against their shares . Article 6

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall , Article 9 as soon as the information reaches it , inform each State of the extent to which the reserve has been used up . Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . It shall , not later than 5 October 1987 , inform the Member States of the amount still in reserve , following any return of shares pursuant to Article 5 . Article 10 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall This Regulation shall enter into force on 1 January 1987 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 16 December 1986 .

For the Council The President G. HOWE