31987R4078

31 . 12 . 87 No L 381 / 20 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4078 / 87

of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for frozen cod ( Gadus morhua) fillets falling within code ex 0304 20 29 of the combined nomenclature ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Member States 1984 1985 1986

Benelux 1,29 0,85 1,81 Denmark 2,35 2,24 8,60 Having regard to the Treaty establishing the European Germany 9,23 16,35 4,22 Greece 0,41 0,77 0,82 Economic Community , and in particular Article 113 Spain 0 0 0,06 thereof, France 17,34 13,16 16,04 Ireland 0 0 0 Italy 6,88 5,93 3,04 Portugal • 0,01 0 0,11 Having regard to the proposal from the Commission , United Kingdom 62,49 60,70 65,30

Whereas the Community has undertaken to open an annual Community tariff quota at 8 % duty for 10 000 tonnes of Whereas , in view of these factors and of market forecasts frozen fillets of cod of the Gadus morhua species ; whereas for this product for 1988 , the initial percentage shares of the tariff quota concerned should be opened on 1 January the quota volume can be expressed approximately as 1988 and allocated among the Member States ; follows :

Benelux 0,48 Whereas the Community has adopted , with effect from Denmark 3,35 1 January 1988 , a combined nomenclature for goods which Germany 23,90 meets the requirements of the Common Customs Tariff Greece 0,08 and the Nomenclature of Goods for the External Trade Spain 0,08 Statistics of the Community and Statistics of Trade France 23,90 between Member States ; whereas , in order to accomodate Ireland 0,08 specific Community measures , this nomenclature has been Italy 7,97 expanded into an integrated tariff of the European Portugal 0,32 Communities (TARIC ); whereas , with effect from the date United Kingdom 39,84 given above, the combined nomenclature and, where appropriate, the TARIC code numbers, should be used for the description of the products covered by this Regulation ; Whereas , to allow for import trends for the products concerned , the quota volume should be divided into two parts , the first being allocated among the Member States and the second held as a reserve to cover any subsequent Whereas equal and continuous access to the quota should requirements of Member States which have used up their be ensured for all Community importers and the rate laid initial share ; whereas , to give importers some degree down for the quota should be applied consistently to all of certainty , the first part of the Community quota should imports until the quota is used up ; whereas , in the light of be set at a high level , which in this case could be these principles , allocation of the tariff quota among the approximately 63 % of the quota volume; Member States would seem to preserve the Community nature of the quota ; whereas , in order to correspond as closely as possible to the actual development of the market , Whereas initial shares may be used up at different rates; the allocation should reflect the requirements of the whereas , in order to avoid any break in the continuity of Member States based on statistics of imports from third supplies on this account , it should be provided that any countries during a representative reference period and the Member State which has almost used up its initial share economic outlook for the quota year in question ; should draw an additional share from the reserve ; whereas , each time its additional share is almost used up , a Member State should draw a further share and so on as many times Whereas , during the last three years for which complete as the reserve allows ; whereas the initial and additional statistics are available , the corresponding imports into each shares must be valid until the end of the quota period ; whereas this method of administation calls for close of the Member States represented the following percentages of total imports of the product in question : cooperation between Member States and the Commission

31 . 12 . 87 No L 381 / 21 Official Journal of the European Communities

and the latter must be able to monitor the extent to which Economic Union , all transactions concerning the the quota volume has been used up and inform Member administration of the quota shares allocated to that States accordingly ; economic union may be carried out by any one of its members ,

Whereas if, at a given date in the quota period , a considerable quantity of a Member State's initial share remains unused , it is essential that the Member State HAS ADOPTED THIS REGULATION : concerned return a significant proportion thereof to the reserve , in order to prevent part of the Community quota remaining unused in one Member State when it could be Article 1 used in others ;

From 1 January to 31 December 1988 , the customs duty Whereas , since the Kingdom of Belgium , the Kingdom of applicable to imports of the following products shall be the Netherlands and the Grand Duchy of Luxembourg are suspended at the level indicated and within the limits of a united within and jointly represented by the Benelux Community tariff quota as shown below:

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

09.0011 ex 0304 20 29 Frozen cod fillets (Gadus morhua) 10 000 8

Within the limits of this tariff quota , the Kingdom of Spain shall forthwith , by notifying the Commission and to the and the Portuguese Republic shall apply customs duties extent that the reserve so permits, draw a second share , calculated in accordance with the relevant provisions laid equal to 10 % of its initial share , where necessary rounded down by the 1985 Act of Accession . up to the next whole number.

2 . If, after its initial share has been used up , a Member State has used 90 % or more of the second share as well , Article 2 that Member State shall forthwith , using the procedure provided for in paragraph 1 , draw a third share , equal to 1 . The Community tariff quota referred to in Article 1 5 % of its initial share rounded up , should the occasion shall be divided into two parts . arise, to the nearest unit above. 2 . The first part, amounting to 6 275 tonnes , shall be 3 . If, ater its second share has been used up , a Member allocated among the Member States; the quota shares State has used 90 % or more of its third share , it shall , shall , subject to Article 5 , be valid from 1 January to 31 December 1988 and shall be as follows : using the procedure provided for in paragraph 1 , draw a fourth share equal to the third . (tonnes) Benelux 30 This process shall continue until the reserve is used up . Denmark 210 Germany 1 500 5 4 . By way of derogation from paragraphs 1 , 2 and 3 , Greece Member States may draw shares lower than those specified Spain 5 in those paragraphs if there are grounds for believing that France 1 500 they may not be used in full . Member States shall inform Ireland 5 the Commission of their reasons for applying this 500 Italy paragraph . Portugal 20 United Kingdom 2 500 Article 4 3 . The second part of the quota , amounting to 3 725 tonnes shall constitute the reserve . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 .

Article 3 Article 5 1 . If a Member State has used 90 % or more of its initial Member States shall , not later than 1 October 1988 return share as specified in Article 2 ( 2 ), or of that share less any portion returned to the reserve pursuant to Article 5 , it to the reserve the unused portion of their initial share

No L 381 / 22 Official Journal of the European Communities 31 . 12 . 87

which , on 15 September 1988 , is in excess of 20 % of the Article 3 are carried out in such a way that imports may be initial volume. They may return a greater portion if there charged without interruption against their accumulated are grounds for believing that it may not be used in full . shares of the Community quota .

Member States shall , not later than 1 October 1988 , notify 2 . Member States shall ensure that importers of the the Commission of the total quantities of the product in products in question have free access to the shares allocated question imported up to and including 15 September 1988 , to them . and charged against the Community quotas and of any portion of their inital shares returned to the reserve . 3 . Member States shall charge imports of the products in question against their shares as and when the products are entered with the customs authorities for the circulation . Article 6 4 . The extend to which a Member State has used up its The Commission shall keep an account of the shares share shall be determined on the basis of the imports opened by the Member States pursuant to Articles 2 and 3 charged in accordance with paragraph 3 . and shall , as soon as the information reaches it , inform each State of the extent to which the reserve has been used up . Article 8

It shall , not later than 5 October 1988 , inform the Member At the request of the Commission , the Member States shall State of the amount still in reserve following any return of inform it of imports actually charged against their quota shares pursuant to Article 5 . shares .

It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall Article 9 notify the amount of that balance to the Member State making the last drawing. The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

Article 7 Article 10 1 . Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to This Regulation shall enter into force on 1 January 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