31986R4023

No L 375 / 19 31 . 12 . 86 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4023 / 86

of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain prepared or conserved fish, originating in Norway, falling within subheading 16.04 G II 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 14 May 1973 ; Whereas , taking account of these factors , the initial percentage shares in the quota volume can be set Whereas the aforesaid agreement in particular provides for approximately as follows : the opening of a Community tariff quota at a reduced rate of duty for certain prepared or conserved fishery products Benelux 0,29 originating in Norway ; whereas therefore the tariff quota Denmark 1,08 in question should be opened for the period 1 January to Germany 0,88 31 December 1987 ; France 73,68 Italy 1,45 Whereas equal and continuous access to the quota should be United Kingdom 22,58 ; ensured for all importers and the rate of levy for the tariff quota should be applied consistently to all imports until the quota is used up ; whereas , in the light of the principles Whereas , to take account of the possible import trends for outlined above , a Community tariff arrangement based on an allocation between the Member States would seem to these products , the quota volume should be divided into two instalments , the first being allocated between the Member preserve the Community nature of the quota ; whereas , to States and the second held as a reserve to cover any represent as closely as possible the actual development of the subsequent requirements of Member States which have used market in the said products , the allocation should follow up their initial share ; whereas to afford importers some proportionately the requirements of the Member States degree of certainty , the first instalment of the tariff quota calculated both from statistics of imports from Norway should be fixed at a high level , which in this case could be during a representative reference period and according to the 80 % of the amount of the quota ; economic outlook for the tariff year in question ;

Whereas , during the last 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 frorti the reserve ; whereas , each time its additional share is almost 1983 1984 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 10 0 11 and additional shares should be valid until the end of the Denmark 31 41 7 quota period ; whereas this form of administration requires Germany 27 15 22 close collaboration between the Member States and the Greece 0 0 0 Commission and the Commission must be in a position to 0 0 3 keep account of the extent to which the quotas have bgen Spain France 2 087 1 690 1 604 used up and to inform the Member States accordingly ; Ireland 0 0 0 Italy 0 0 106 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 795 500 354 is essential that such a Member State should return a significant proportion thereof to the reserve , in order to 2 950 2 246 2 107 prevent a part of the Community tariff quota from remaining

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unused in one Member State while it could be used in HAS ADOPTED THIS REGULATION : 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 product 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 :

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

09.0711 16.04 Prepared or preserved fish , including caviar and caviar substitutes :

G. Other : ex II . Other , excluding smoked saithe 400 10

Within the limits of this tariff quota , the Kingdom of Spain 3 . The second instalment of the quota , being 80 tonnes , and the Portuguese Republic shall apply duties of 12,9 % and shall constitute the reserve . 25 % 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 Council Regulation ( EEC ) Commission and draw an amount corresponding to these No 3796 / 81 of 29 December 1981 on the common requirements to the extent that the available balance of the organization of the market in fishery products ( 1 ), as last reserve so permits . amended by Regulation ( EEC ) No 2315 / 86 ( 2 ), is at least equal to the reference price if such a price has been fixed by the Community for the product or categories of products under consideration . Article 3 3 . The Protocol on the definition of the concept of 1 . If a Member State has used 90 % or more of its initial originating products and on methods of administrative cooperation , annexed to the Agreement between the share as fixed in Article 2 ( 2 ), or of that share minus any European Economic Community and the Kingdom of proportion returned to the reserve pursuant to Article 5 , it Norway , shall be applicable . shall forthwith , by notifying the Commission , draw a second share , to the extent that the reserve so permits , equal to 10 % of its initial share , rounded up as necessary to the next whole Article 2 number .

1 . The tariff quota laid down in Article 1 ( 1 ) shall be 2 . If a Member State , after exhausting its initial share , has divided into two instalments . used 90 % or more of the second share drawn by it , that Member State shall forthwith , in the manner and to the 2 . A first instalment of this quota shall be allocated extent provided in paragraph 1 , draw a third share equal to among certain Member States . The respective shares , which , 5 % of its initial share , rounded up as necessary to the whole subject to Article 5 , shall be valid until 31 December 1987 , number. shall be as follows :

(in tonnes) 3 . If a Member State , after exhausting its second share, Benelux 1 has used 90 % or more of the third share drawn by it, that Denmark 3 Member State shall , in the manner and to the extent provided Germany 3 in paragraph 1 , draw a fourth share equal to the third . France 236 Italy 5 This process shall apply until the reserve is used up . United Kingdom 72 . (>) OJ No L 379 , 31 . 12 . 1981 , p. 1 . 4 . By way of derogation from paragraphs 1 , 2 and 3 , a ( 2 ) OJ No L 202 , 25 . 7 . 1986 , p. 1 . Member State may draw shares lower than those specified in

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those paragraphs if there are grounds for believing that those notify the amount of that balance to the Member State making the last drawing . specified may not be used in full. Any Member State applying this paragraph shall inform the Commission of its grounds for so doing . Article 7

Article 4 1 . The Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 Additional shares drawn pursuant to Article 3 shall be valid are opened in such a way that importations may be charged until 31 December 1987 . ^ without interruption against their accumulated shares of the Community quota .

2 . The Member State shall ensure that importers of the Article 5 product in question have free access to the shares allocated to them . Member States shall , not later than 1 October 1987, return to the reserve the unused portion of their initial share which , 3 . The Member States shall charge imports of the product on 15 September 1987 is in excess of 20% of the initial in question against their shares as and when the product is volume . They may return a greater portion if there are entered with the customs authorities for free circulation . grounds for believing that it may not be used in full . 4 . The extent to which a Member State has used up its Member States shall , not later than 1 October 1987 , notify share shall be determined on the basis of the imports charged the Commission of the total quantities of the product in in accordance with paragraph 3 . question imported up to and including 15 September 1987 and charged against the Community quota and of any portion of their initial shares returned to the reserve . Article 8

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

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