31986R4043
No L 377 / 4 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION ( EEC ) No 4043 / 86 of 22 December 1986 opening, allocating and providing for the administration of Community tariff quotas for cod, dried , salted or in brine, falling within subheading 03.02 A I b) of the Common Customs Tariff and originating in Norway ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas equal and continuous access to the quotas should be ensured for all importers and the rates for the said quotas should be applied without interruption to all Having regard to the Treaty establishing the European imports until the quotas are used up ; whereas , in the light Economic Community , of the principles outlined above, a Community tariff quota system based on an allocation between the Member States Having regard to the Act of Accession of Spain and would seem to preserve the Community nature of the Portugal , quotas; whereas, to reflect as closely as possible the actual development of the market in the products in question, the Having regard to the proposal from the Commission , allocation should be in proportion to the requirements of the Member States , calculated both from statistics of Whereas an Agreement between the European Economic imports from Norway during a representative reference Community and the Kingdom of Norway was concluded period and according to the economic outlook for the on 14 May 1973 ; quota year in question ;
Whereas the aforementioned agreement provides in particular for the opening, on a date to be arranged by common accord , of Community tariff quotas at a reduced rate of duty or duty-free for cod originating in Norway; whereas , therefore , the tariff quotas in question should be Whereas , during the last three years for which statistics are opened in 1987 for the period upon which it was agreed , available , imports from Norway into each of the Member namely 1 April to 31 December 1987; States have developed as follows :
(in tonnes)
ex 03.02 A I b ) ex 03.02 A 1 b ) ex 03.02 A I b ) (NIMEXE code 03.02-11 ) ( NIMEXE code 03.02-12) (NIMEXE code 03.02-13 ) I
average 1985 1983 1984 1985 1983 1984 1985 * 1983—1984 I
Benelux 89 80 469 441 372 0 1 2 Denmark 2 0 2 5 3 761 319 3 Germany 59 49 628 543 473 1 2 0 Greece 44 26 508 223 417 231 148 336 Spain 0 0 0 0 0 819 858 430 France 47 36 3 551 3 816 3 573 1 498 1 044 666 Ireland 0 0 0 0 0 0 0 0 Italy 4 087 4 457 4 632 5 280 4 231 2 415 1 808 2 159 Portugal 0 0 6 240 13 230 6 217 5 034 5 143 4 235 United Kingdom 20 35 5 2 6 0 16 0
4 348 4 683 16 035 23 540 15 292 10 759 9 339 7 831 I
Whereas, during the years under consideration, the Member States should be guaranteed access to the benefit products in question were imported only by certain of the tariff quotas upon imports into those States of the Member States and not at all by the other Member States ; products concerned being notified; whereas these whereas , under these circumstances , initial shares should arrangements for allocation will equally ensure the uniform be allocated to the importing Member States and the other application of the Common Customs Tariff;
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Whereas in taking into account these factors, initial should draw an additional share from the corresponding percentage shares in the quota volumes can be set reserve; whereas this must be done by each Member State approximately as follows: as and when each of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas (in tonnes) the initial and additional shares must be valid until the end of the quota period; whereas this method of administration ex 03.02 ex 03.02 ex 03.02 requires close cooperation between the Member States and A I b ) Alb ) A I b ) the Commission and the latter must be in a position to ( NIMEXE ( NIMEXE ( NIMEXE code code code monitor the extent to which the quota amounts have been 03.02-11 ) 03.02-12 ) 03.02-13 ) used up and to inform Member States thereof;
Benelux 2,05 2,34 0,01 , Denmark Whereas , if at a given date in the quota period, a 0,05 0,02 3,88 substantial quantity remains unused in any Member State, Germany 1,36 3,00 0,01 Greece it is essential that that Member State should return a 1,01 2,09 2,56 — — significant proportion to the corresponding reserve to Spain 7,54 France 1,08 19,94 11,49 prevent a part of any Community tariff quota from Ireland — — — remaining unused in one Member State when it could be Italy 93,99 25,78 22,85 used in others ; — 46,81 51,60 Portugal United Kingdom 0,46 0,02 0,06 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 Whereas , in order to take into account import trends for Economic Union , any operation relating to the the products concerned in the various Member States, each administration of the quota shares allocated to that quota should be divided into two instalments , the first economic union may be carried out by any of its being shared among certain Member States and the second members , constituting a reserve to cover the subsequent requirements of these Member States where they have used up their initial shares and any additional requirements which might arise in the other Member States ; whereas , in order to give HAS ADOPTED THIS REGULATION : importers in each Member State a certain degree of security, it is appropriate to fix the first instalment of the Community quotas at a level which , in the circumstances , could be about 85 % respectively of each of the quota Article 1 volumes ;
1 . From 1 April to 31 December 1987 the Common Whereas , the Member States' initial shares may be used up Customs Tariff duties on the following products, at different times ; whereas , in order to take this fact into originating in Norway , shall be suspended at the level and account and avoid any break in continuity , any Member within the limits of the Community tariff quotas shown State which has almost used up its initial quota shares herewith :
CCT Quota Rate of Order heading Description volume duty No No ( tonnes ) ( % )
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 I. Whole , headless or in pieces : ex b ) Cod (Gadus morhua, Boreogadus saida, Gadus ogac) 09.0703 — Dried and salted 13 250 0 09.0705 — Wet , salted or in brine 10 000 0 09.0707 — Dried and unsalted 3 900 0
Within the limits of these tariff quotas, the Kingdom of 2. Imports of the products in question shall not benefit Spain and the Portuguese Republic shall apply duties of from the quotas referred to in paragraph 1 unless the 5,1 % and 0 % respectively . free-at-frontier price, which is determined by the Member
No L 377 / 6 Official Journal of the European Communities 31 . 12 . 86
States according to Article 21 of Regulation (EEC ) No 5 has been applied , has been used up , then to the extent 3796 / 81 , is at least equal to the reference price if such a permitted by the amount of the reserve, that Member State price has been fixed by the Community for the products or shall forthwith , by notifying the Commission, draw a the categories of products under consideration . second share equal to 10 % of its initial share , rounded up where necessary to the next unit.
3 . The Protocol on the definition of the concept of originating products and on methods of administrative 2 . If, after one of its initial shares has been used up , 90 % cooperation , annexed to the Agreement between the or more of the second share drawn by a Member State has European Economic Community and the Kingdom of been used up , then that Member States shall , in accordance Norway, shall be applicable . with the conditions laid down in paragraph 1 , draw a third share equal to 5 % of its initial share, rounded up where necessary to the next unit .
Article 2 3 . If, after one of its second shares has been used up , 1 . The tariff quotas laid down in Article 1 ( 1 ) shall be 90 % or more of the third share drawn by a Member State divided into two instalments . has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third. 2 . A first instalment of each quota shall be allocated among certain Member States; the shares which , subject to Article 5 , shall be valid until 31 December 1987 , shall be as This process shall continue until each of the reserves is used follows : up .
(in tones) 4 . By way of derogation from paragraphs 1,2 , and 3 , a ex 03.02 ex 03.02 ex 03.02 Member State may draw shares smaller than those fixed in Alb ) Alb ) A I b ) (NIMEXE (NIMEXE (NIMEXE those paragraphs if there is reason to believe that they code code code might not be used up . It shall inform the Commission of its 03.02-11 ) 03.02-12 ) 03.02-13 ) reasons for applying this paragraph .
Benelux 68 263 1 Denmark 2 2 330 Germany 45 338 1 Greece 33 235 218 Article 4 Spain 641 France 36 2 243 977 Ireland The additional shares drawn pursuant to Article 3 shall be 3 101 2 900 1 942 valid until 31 December 1987 . Italy Portugal 5 266 4 385 United Kingdom 15 3 5
3 300 11 250 8 500 I Article 5
The Member States shall return to the reserve , not later 3 . The second instalment of each quota, being than 1 October 1987 , such unused portion of their initial respectively 600 , 2 000 and 1 500 tonnes , shall constitute share as, on 15 September 1987 , is in excess of 20 % of the the corresponding reserve. initial volume. They may return a larger quantity if there are grounds for believing that this quantity may not be used . 4 . If an importer notifies the imminent import of the products in question into a Member State that does not participate in the initial allocation and if such importer The Member States shall notify the Commission , not later requests the benefit of the quota , the Member State that 1 October 1987 , of the total quantities of the products concerned shall inform the Commission and draw an in question imported up to 15 September 1987 and charged amount corresponding to these requirements to the extent against the tariff quota and of any quantity of the initial that the available balance of the reserve so permits . shares returned to the reserve .
Article 3 Article 6 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 2 ), or 90 % of that share minus the The Commission shall keep an account of the shares portion returned to the corresponding reserve where Article opened by the Member States pursuant to Articles 2 and 3
31 . 12 . 86 Official Journal of the European Communities No L 377 / 7
and , as soon as it is notified , shall inform each State of the 3 . Member States shall charge imports of the products in extent to which the reserves have been used up . question against their shares as and when the products are entered with the customs authorities for free circulation . It shall inform the Member States , not later than 5 October 1987 , of the amount in each reserve after quantities have 4 . The extent to which a Member State has used up its been returned thereto pursuant to Article 5 . shares shall be determined on the basis of the imports of the products concerned originating in Norway and entered It shall ensure that the drawing which exhausts any reserve with customs authorities for free circulation . does not exceed the balance available and , to this end , shall notify the amount of that balance to the Member State Article 8 making the last drawing.
At the Commission's request , the Member States shall inform it of imports of the products concerned actually Article 7 charged against their shares .
1 . The Member States shall take every measure necessary Article 9 to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their accumulated shares of The Member States and the Commission shall cooperate the tariff quota . closely to ensure that this Regulation is complied with .
2 . The Member States shall ensure that importers of the Article 10 products in question have free access to the shares allocated to them . This Regulation shall enter into force on 1 April 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