31986R4042

31 . 12 . 86 Official Journal of the European Communities No L 377 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC ) No 4042 / 86

of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for cod, dried, salted or in brine, whole, headless or in pieces, falling within subheading 03.02 A I b) of the Common Customs Tariff ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1983 1984 1985

Benelux 0,58 0,62 0,39 Denmark 0,78 0,54 0,01 Having regard to the Treaty establishing the European 1,08 0,82 0,44 Germany Economic Community , and in particular Article 113 Greece 4,81 4,99 3,80 thereof, Spain 3,56 1,05 0,77 France 8,40 9,02 5,69 Ireland 0 0 0 Italy 17,82 18,63 14,11 Having regard to the proposal from the Commission , Portugal 62,46 63,84 74,52 United Kingdom 0,51 0,49 0,27

Whereas the Community has undertaken to open an annual duty free Community tariff quota for 25 000 tonnes of cod, dried , salted or in brine , whole , headless or in pieces , falling within subheading 03.02 A I b ) of the Common Whereas , in view of these factors and of market forecasts Customs Tariff; whereas , therefore , the tariff quota in for this product for 1987 , the initial percentage shares in question should be opened on 1 January 1987 and the quota volume can be expressed approximately as allocated among the Member States ; follows :

Whereas equal and continuous access to the quota should Benelux 0,52 , be ensured for all Community importers and the rate of Denmark 0,41 , levy for the tariff quota should be applied consistently to all Germany 0,75 , imports until the quota is used up ; whereas , in the light of Greece 4,46 , the principles outlined above , a Community tariff Spain 1,75 , arrangement based on an allocation between the Member France 7,50 , States would seem to preserve the Community nature of the Ireland 0,01 , quota ; whereas , to represent as closely as possible the Italy 16.59 , actual development of the market in the said goods , the Portugal 67.60 , allocation should follow proportionately the requirements United Kingdom 0,41 . of the Member States calculated both from statistics of imports from third countries during a representative reference period and according to the economic outlook for the tariff year in question ; Whereas , to take account of the possible import trends for these fish , the quota volume should be divided into two instalments , the first being allocated between the Member Whereas , during the last three years for which complete States and the second held as a reserve to cover any statistics are available , the corresponding imports into each subsequent requirements of Member States which have of the Member States represented the following percentages used up their initial share ; whereas , to afford importers of total imports of the product in question coming from some degree of certainty, the first instalment of the tariff third countries which do not benefit from a preferential quota should be fixed at a high level , which in this case tariff measure having equivalent effect: could be 87 % of the amount of the quota ;

No L 377 / 2 Official Journal of the European Communities 31 . 12 . 86

Whereas initial shares may be used up at different rates ; Whereas , since the Kingdom of Belgium , the Kingdom of whereas , to avoid disruption of supplies on this account, it the Netherlands and the Grand Duchy of Luxembourg are should be provided that any Member State which has united within and jointly represented by the Benelux almost used up its initial share should draw an additional Economic Union , any measure concerning the share from the reserve ; whereas each time its additional administration of the shares allocated to that economic share is almost used up a Member State should draw a union may be carried out by any one of its members , further share and so on as many times as the reserve allows ; whereas the initial and additional shares should be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission and the Commission HAS ADOPTED THIS REGULATION : must be in a position to keep account of the extent to which the quotas have been used up and to inform the Member States accordingly ;

Whereas , if at a given date in the quota period a considerable quantity of a Member State's initial share Article 1 remains unused , it si essential that such State should return a significant proportion thereof to the reserve , in order to From 1 January to 31 December 1987 , the Common prevent a part of the Community tariff quota from Customs Tariff duty on the following products shall be remaining unused in one Member State while it could be suspended at the level and within the limit of a community used in others ; tariff quota as shown herewith :

Amount of Order CCT heading Rate of duty No No Description tariff quota ( % ) ( tonnes ) 09.0007 03.02 A I b ) Cod , dried , salted or in brine , whole , headless or in pieces , of the species 'Gadus morhua ', 'Boreogadus saida ' and 'Gadus ogac ' 25 000 0

Within the limit of this tariff quota , the Kingdom of Spain Article 3 and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions laid 1 . If a Member State has used 90 % or more of its initial down by the Act of Accession of Spain and Portugal . share as fixed in Article 2 ( 2), or of that share minus any portion returned to the reserve pursuant to Article 5 , it shall forthwith , by notifying the Commission , draw a Article 2 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 number . 1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments .

2 . A first instalment of 21 750 tonnes shall be allocated among the Member States; the shares which , subject to 2 . If a Member State , after exhausting its initial share , has Article 5 , shall be valid until December 1987 shall be as used 90 % or more of the second share drawn by it, that follows : Member State shall forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share equal to (tonnes) Benelux 5 % of its initial share, rounded up as necessary to the 113 , whole number . Denmark 89 , Germany 163 , Greece 970 , Spain 381 , France 1 651 , 3 . If a Member State, after exhausting its second share, Ireland 3 , has used 90 % or more of the third share drawn by it, that Italy 3 608 , Member State shall , in the manner and to the extent Portugal 14 703 , provided in paragraph 1 , draw a fourth share equal to the United Kingdom 89 . third .

3 . The second instalment of 3 250 tonnes shall constitute the reserve . This process shall apply until the reserve is used up .

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4 . By way of derogation from paragraph 1 , 2 and 3 , a It shall ensure that the drawing which exhausts the reserve Member State may draw shares lower than those specified does not exceed the balance available , and to this end shall in those paragraphs if there are grounds for believing that notify the amount of that balance to the Member State those specified may not be used in full . Any Member State making the last drawing. 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 Additional shares drawn pursuant to Article 3 shall be valid Article 3 are opened in such a way that importations may until 31 December 1987 . be charged without interruption against their accumulated shares of the Community quota .

Article 5 2 . The Member States shall ensure that importers of the product in question have free access to the shares allocated Member States shall , not later than 1 November 1987 , to them . return to the reserve the unused portion of their initial share which , on 15 October 1987 , is in excess of 20 % of 3 . The Member States shall charge imports of the product the initial volume. They may return a greater portion if in question against their shares as and when the product is there are grounds for believing that it may not be used in entered with the customs authorities for free circulation . full . 4 . The extent to which a Member State has used up its Member States shall , not later than 1 November 1987 , share shall be determined on the basis of the imports notify the Commission of the total quantities of the product charged in accordance with paragraph 3 . in question imported up to and including 15 October 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 Article 9 opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as the information reaches it , inform The Member States and the Commission shall cooperate each State of the extent to which the reserve has been used closely to ensure that this Regulation is complied with . up .

It shall , not later than 5 November 1987 , inform the Article 10 Member States of the amount still in reserve, following any return of shares pursuant to Article 5 . 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 , 22 December 1986 .

For the Council

The President

G. SHAW