31987R4083

31 . 12 . 87 No L 382 / 4 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 4083/87

of 21 December 1987 opening and providing for the administration of a Community tariff quota for certain oils and fats of marine animals falling within codes ex 1504 20 10, ex 1504 30 19 and ex 1516 10 90 of the combined nomenclature and originating in Norway ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, TARIC code numbers, should be used for the description of the products covered by this Regulation ; Having regard to the Treaty establishing the European Whereas it is necessary, in particular, to ensure to all Economic Community, and in particular Article 113 Community importers equal and uninterrupted access to thereof, the quota and consistent application of the rate laid down for that quota to all imports of the products Having regard to the Act of Accession of Spain and concerned into all Member States until the quota has Portugal, been used up ;

Whereas, however, since the quota is to cover Having regard to the proposal from the Commission, requirements which cannot be determined with sufficient accuracy, it should not be allocated among the Member Whereas an Agreement between the European Economic States, without prejudice to the drawing against the Community and the Kingdom of Norway was concluded quota volume of such quantities as they may need, under on 14 May 1973 ; whereas, following the accession of the conditions and according to a procedure to be Spain and Portugal to the Community, an Agreement in determined ; whereas this method of management the form of an Exchange of Letters was concluded and requires close cooperation between the Member States approved by Council Decision 86/557/EEC ('); and the Commission and the latter must in particular be able to monitor the rate at which the quota is used up and inform the Member States thereof; Whereas the said Agreement provides in particular for the opening of a Community tariff quota at a reduced rate of duty for certain oils and fats of marine animals, Whereas, since the Kingdom of Belgium, the Kingdom other than whale oil and sperm oil, originating in of the Netherlands and the Grand Duchy of Norway ; whereas, therefore, the tariff quota in question Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions should be opened for the period 1 January to 31 December 1988 ; concerning the administration of shares allocated to that economic union may be carried out by any one of its members , Whereas the Community has adopted, with effect from 1 January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs HAS ADOPTED THIS REGULATION : Tariff and the external trade statistics of the Community and Statistics of trade between Member States ; whereas Article 1 this nomenclature has, for the purposes of encompassing specific Community measures, been expanded into an 1 . From 1 January to 31 December 1988 , the customs integrated tariff of the European Communities (TARIC) ; duty applicable to imports of the following products shall whereas, with effect from the abovementioned date, the be suspended at the level and within the limits of a combined nomenclature and, where appropriate, the Community tariff quota as shown herewith :

Order Amount of tariff Rate of duty CN code Description No quota (tonnes) ( % )

09.0701 ex 1504 20 10 Oils and fats of marine animals , other than whale oil 1 000 8,5 ex 1504 30 19 and sperm oil, in packings of a net capacity of more ex 1516 10 90 than 1 kg originating in Norway

Within the limits of this tariff quota, the Kingdom of 2 . The Protocol on the definition of the concept of Spain and the Portuguese Republic shall apply duties originating products and on methods of administrative calculated in accordance with the relevant provisions laid cooperation, annexed to the Agreement between the down, by the 1985 Act of Accession. European Economic Community and the Kingdom of Norway shall be applicable. (') OJ No L 328 , 22 . 11 . 1986, p. 76 .

No L 382 / 5 31 . 12 . 87 Official Journal of the European Communities

3 . If an importer notifies art imminent importation of 3 . Member States shall charge imports of the goods the product in question in a Member State and applies to against their drawings as and when the goods are entered for free circulation . use the quota, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance 4. The extent to which the quota has been used up shall be determined on the basis of the imports charged of the reserve so permits. in accordance with paragraph 3 . 4 . The shares drawn pursuant to paragraph 3 shall be Article 3 valid until the end of the quota period. At the request of the Commission, Member States shall Article 2 inform it of imports of the products concerned actually charged against the quota. 1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 1 (3) Article 4 are carried out in such a way that imports may be charged without interruption against their accumulated The Member States and the Commission shall col­ shares of the Community quota. laborate closely in order to ensure that this Regulation is complied with. 2 . Each Member State shall ensure that importers of the product concerned have access to the quota for such Article 5 time as the residual balance of the quota volume so permits. 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 , 21 December 1987 .

For the Council

The President

B. HAARDER