31987R4077

31 . 12 . 87 Official Journal of the European Communities No L 381 / 17

COUNCIL REGULATION ( EEC ) No 4077 / 87

of 18 December 1987

opening, allocating and providing for the administration of a Community tariff quota for silver hake (Merluccius bilinearis) falling within code Nos ex 0302 69 65 , ex 0303 78 10, ex 0304 10 99 and ex 0304 90 47 of the combined nomenclature ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , cannot be regarded as sufficiently exact or representative for use as a basis for the allocation referred to above ; whereas the incomplete figures available together with the estimates made by the Member States allow the following percentage estimates to be made of the needs of each of Having regard to the Treaty establishing the European them as regards imports from third countries for the quota Economic Community , and in particular Article 113 period under consideration : thereof,

Benelux 0,76 Having regard to the proposal from the Commission, Denmark 15,53 Germany 30,84 Greece 0,07 Spain 0,38 Whereas the Community has undertaken to open an annual France 14,70 Community tariff quota at 8 % duty for 2 000 tonnes of Ireland 0,38 silver hake (Merluccius bilinearis)-, whereas the tariff quota Italy 0,68 concerned should be opened on 1 January 1988 . and Portugal 18,94 allocated among the Member States ; United Kingdom 17,72 ;

Whereas the Community has adopted , with effect from Whereas to allow for import trends for these fish , the quota 1 January 1988 , a combined nomenclature for goods which volume should be divided into two parts , the first being meets the requirements of the Common Customs Tariff allocated among the Member States and the second held as and the Nomenclature of Goods for the External Trade a reserve to cover any subsequent requirements of Member Statistics of the Community and Statistics of Trade States which have used up their initial share ; whereas, to between Member States ; whereas , in order to afford importers some degree of certainty, the first part of accommodate specific Community measures , the said the tariff quota should be set at a high level , which in this nomenclature has been expanded into an integrated tariff case could be 66 % of the quota volume ; of the European Communities (TARIC); whereas , with effect from the date given above , the combined nomenclature and , where appropriate , the TARIC code numbers, should be used for the description of the products Whereas initial shares may be used up at different rates ; covered by this Regulation ; whereas , in order to avoid any break in the continuity of supplies on this account, it should be provided that any Member State which has almost used up its initial share Whereas equal and continuous access to the quota should should draw an additional share from the reserve; whereas be ensured for all Community importers and the rate laid each time its additional share is almost used up a Member down for the quota should be applied consistently to all State should draw a further share and so on as many times imports until the quota is used up ; whereas , in the light of as the reserve allows ; whereas the initial and additional these principles , allocation of the tariff quota among the shares must be valid until the end of the quota period ; Member States would seem to preserve the Community whereas this form of administration requires close nature of the quota ; whereas, in order to correspond as cooperation between the Member States and the closely as possible to the actual development of the market , Commission , and the latter must be able to monitor the the allocation should reflect the requirements of the extent to which the quota volume has been used up and Member States based on statistics of imports from third inform the Member States accordingly; countries during a representative reference period and the economic outlook for the quota year in question ;

Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share Whereas, since the fish concerned are not separately remains unused it is essential that the Member State specified in the statistical nomenclatures of the Member concerned should return a significant proportion thereof to States, the available import figures provided by them the reserve, in order to prevent part of the Community

No L 381 / 18 31 . 12 . 87 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : tariff quota from remaining unused in one Member State while it could be used in others ;

Whereas , since the Kingdom of Belgium , the Kingdom of Article 1 the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union , any measure concerning the From 1 January to 31 December 1988 , the customs duty administration of the quota shares allocated to that applicable to imports of the following products shall be economic union may be carried out by any one of its suspended at the level indicated and within the limits of a members , Community tariff quota as shown below:

Combined Quota Rate of Order nomenclature Description volume duty No code ( tonnes ) ( % )

09.0009 ex 0302 69 65 Silver hake (Merluccius bilinearis), fresh , chilled or frozen 2 000 8 ex 0303 78 10 ex 0304 10 99 ex 0304 90 47

Within the limits of this tariff quota , the Kingdom of Spain 2 . If, after its initial share has been used up , a Member and the Portuguese Republic shall apply customs duties State has used 90 % or more of the second share as well , calculated in accordance with the relevant provisions laid that Member State shall forthwith , using the procedure down by the 1985 Act of Accession . provided for in paragraph 1 , draw a third share equal to 5 % of its initial share, rounded up where necessary to the next whole number . Article 2 3 . If after its second share has been used up , a Member State has used 90 % or more of its third share , it shall , 1 . The Community tariff quota referred to in Article 1 shall be divided into two parts . using the procedure provided for in paragraph 1 , draw a fourth share equal to the third . 2 . The first part, amounting to 1 320 tonnes , shall be allocated among the Member States ; the quota shares shall , This process shall apply until the reserve is used up . subject to Article 5 , be valid from 1 January to 31 December 1988 and shall be as follows : 4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw shares lower than those (tonnes) specified in those paragraphs if there are grounds for Benelux 74 believing that they may not be used in full . Member States Denmark 205 shall inform the Commission of their reasons for applying Germany 407 this paragraph . Greece 1 Spain 5 France 194 Ireland 5 Article 4 Italy 9 250 Portugal Additional shares drawn pursuant to Article 3 shall be valid United Kingdom 170 until 31 December 1988 .

3 . The second part of the quota , amounting to 680 tonnes , shall constitute the reserve .

Article 5 Article 3 Member States shall , not later than 1 October 1988 , return 1 . If a Member State has used 90 % or more of its initial to the reserve the unused portion of their initial share share as specified in Article 2 ( 2), or of that share less any which , on 15 September 1988 , is in excess of 20 % of the portion returned to the reserve pursuant to Article 5 , it initial volume . They may return a greater portion if there shall forthwith , by notifying the Commission and to the are grounds for believing that it may not be used in full . extent that the reserve so permits , draw a second share equal to 10 % of its initial share, rounded up where Member States shall , not later than 1 October 1988 , notify necessary to the next whole number . the Commission of the total quantities of the product in

31 . 12 . 87 Official Journal of the European Communities No L 381 / 19

question imported up to and including 15 September 1988 , 2 . The Member States shall ensure that importers of the and charged against the Community quota and of any product in question have free access to the shares allocated portion of their initial shares returned to the reserve. to them .

3 . The Member States shall charge imports of the product Article 6 in question against their shares as and when the product is entered with the customs authorities for free circulation . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 4 . The extent to which a Member State has used up its and shall , as soon as the information reaches it, inform share shall be determined on the basis of the imports each State of the extent to which the reserve has been used charged in accordance with paragraph 3 . up .

It shall , not later than 5 October 1988 , inform the Member Article 8 States of the amount still in reserve, following any return of shares pursuant to Article 5 . At the request of the Commission , the Member States shall inform it of imports actually charged against their quota It shall ensure that the drawing which exhausts the reserve shares . does not exceed the balance available , and to this end shall notify the amount of that balance to the Member State making the last drawing. Article 9

Article 7 The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 1 . The Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to Article 3 are carried out in such a way that imports may be Article 10 charged without interruption against their accumulated shares of the Community quota . This Regulation shall enter into force on 1 Janaury 1988 .

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

Done at Brussels , 18 December 1987 .

For the Council

The President

N. WILHJELM