31987R4085

31 . 12 . 87 No L 382 /9 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 4085/87

of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for fillets of certain cod and of fish of the species Boreogadus saida, falling within code 0305 30 19 of the combined nomenclature, originating in Norway ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, imports from Norway during a representative reference period and to the economic outlook for the quota year in question ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Whereas during the latest years for which statistics are available, imports into each of the Member States were as follows : Having regard to the Act of Accession of Spain and Portugal, (tonnes)

1983 1984 1985 1986 \ Having regard to the proposal from the Commission,

Benelux 0 0 0 1 Whereas an Agreement between the European Economic Denmark 12 72 10 2 Germany 15 0 0 0 Community and the Kingdom of Norway was concluded Greece 0 0 11 0 on 14 May 1973 ; whereas, following the accession of 17 37 0 0 Spain Spain and Portugal to the Community, an Agreement in France 29 58 8 19 the form of an Exchange of Letters was concluded and Ireland 0 0 0 0 Italy 4 751 4 589 2 691 2 354 approved by Council Decision 86/ 557/EEC (*); Portugal 0 0 0 0 United Kingdom 0 0 0 0 Whereas the said Agreement provides in particular for the opening of a Community tariff quota at zero duty for fillets of certain cod and of fish of the species Bore­ 4 824 4 756 2 720 2 376 ogadus saida, originating in Norway; whereas, therefore, the tariff quota in question should be opened for the period 1 January to 31 December 1988 ;

Whereas, during the years under consideration, the Whereas the Community has adopted, with effect from products in question were imported only by certain 1 January 1988 , a combined nomenclature for goods Member States and not at all by the other Member which meets the requirements of the Common Customs States ; whereas in these circumstances initial shares Tariff and the nomenclature of goods for the external should be allocated to the importing Member States and trade statistics of the Community and Statistics of trade the other Member States should be guaranteed access to between Member States ; whereas in order to accom­ the tariff quota when imports into those States of the modate specific Community measures this nomenclature products concerned are notified ; whereas these been expanded into an integrated tariff of the European arrangements for allocation will equally ensure the Communities (TARIC); whereas, with effect from the uniform application of the Common Customs Tariff; abovementioned date, the combined nomenclature and, where appropriate, the TARIC code numbers should be used for the description of the products covered by this Whereas, in view of these factors, the initial percentage Regulation ; shares of the quota volume can be expressed approxi­ mately as follows :

Whereas equal and continuous access to the quota Denmark 0,85 should be ensured for all importers and the rate laid Greece 0,11 down for the quota should be applied consistently to all Spain 0,38 imports until the quota is used up ; whereas, in the light France 0,86 of these principles, allocation of the tariff quota among Italy 97,80 . the Member States would seem to preserve the Community nature of the quota ; whereas, in order to correspond as closely as possible to the actual devel­ Whereas, to allow for import trends for the products opment of the- market in the said product, the allocation concerned, the quota volume should be divided into two should reflect proportionately the requirements of the parts, the first being allocated among the Member States Member States calculated with reference to statistics of and the second held as a reserve to cover any subsequent requirements of Member States which have used up their 0) OJ No L 328 , 22 . 11 . 1986, p. 76 . initial share ; whereas, to afford importers some degree

No L 382 / 10 Official Journal of the European Communities 31 . 12 . 87

of certainty, the first part of the tariff quota should be concerned return a significant proportion thereof to the set at a high level, which in this case could be 67 % of reserve in order to prevent part of the Community tariff the quota volume ; quota from remaining unused in one Member State while it could be used in others ; Whereas initial shares may be used up at different rates ; whereas, in order to avoid any break in the continuity of Whereas, since the Kingdom of Belgium, the Kingdom supplies on this account, it should be provided that any of the Netherlands and the Grand Duchy of Member State which has almost used up its initial share Luxembourg are united within and jointly represented by should draw an additional share from the reserve ; the Benelux Economic Union, any measure concerning whereas, each time its additional share is almost used up, the administration of the shares allocated to that a Member State should draw a further share and so on economic union may be carried out by any one of its as many times as the reserve allows ; whereas the initial members , and additional shares must be valid until the end of the quota period ; whereas this form of administration HAS ADOPTED THIS REGULATION : requires close cooperation between the Member States and the Commission and the latter must be able to monitor the extent to which the quota volume has been Article 1 used up and inform the Member States accordingly ; 1 . From 1 January to 31 December 1988 the customs Whereas if at a given date in the quota period a duty applicable to imports of the following product shall considerable quantity of a Member State's initial share be suspended at the level indicated and within the limits remains unused, it is essential that the Member State of a Community tariff quota as shown herewith :

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

09.0709 0305 30 19 Fillets of cod of the species Gadus morhua and Gadus 3 000 0 ogac, and fish fillets of the species Boreogadus saida, dried, salted or in brine, originating in Norway

Within the limits of this tariff quota, the Kingdom of 2 . The first part of this quota shall be allocated among Spain and the Portuguese Republic shall apply duties of certain member States. The quota shares shall, subject to 4,3 % and 0 % respectively. Article 5 , be valid until 31 December 1988 and shall be as follows : (in tonnes) 2 . Imports of the products in question shall not be Denmark 1 7 eligible under the tariff quota referred to in paragraph 1 Greece 2 unless the free-at-frontier-price, which is determined by Spain 8 the Member States in accordance with Article 21 of France 17 Regulation (EEC) No 3796/ 81 (x) as last amended by Italy 1 956 . Regulation (EEC) No 2315 / 86 (2) is at least equal to the reference price set or to be set by the Community for the product or categories of products under consideration. 3 . The second part of the quota, amounting to 1 000 tonnes, shall constitute the reserve. 3 . The Protocol on the definition of the concept of originating products and on methods of administrative 4 . If an importer indicates that a consignment of the cooperation, annexed to the Agreement between the products in question is to be imported into a Member European Economic Community and the Kingdom of State not included in the initial allocation and applies to Norway, shall apply. 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 of the reserve so permits .

Article 2 Article 3 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two parts . 1 . If a Member State has used 90 % or more of its initial share as specified in Article 2 (2), or of that share less any proportion returned to the reserve pursuant to O OJ No L 379, 31 . 12 . 1981 , p. 1 . Article 5 , it shall forthwith, by notifying the O OJ No L 202 , 25 . 7 . 1986 , p. 1 . Commission, and to the extent that the reserve so

31 . 12 . 87 No L 382 / 11 Official Journal of the European Communities

Article 6 permits, draw a second share, equal to 10 % of its initial share, rounded up where necessary to the next whole The Commission shall keep an account of the shares number. opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as the information reaches it, inform 2 . If, after its initial share has been used up, a each State of the extent to which the reserve has been Member State has used 90 % or more of the second used up. share as well, it shall forthwith, using the procedure It shall, not later than 5 October 1988 , inform the provided for in paragraph 1 , draw a third share equal to 5 % of its initial share, rounded up where necessary to Member States of the amount still in reserve, following the next whole number. any return of shares pursuant to Article 5 . It shall ensure that the drawing which exhausts the 3 . If, after its second share has been used up, a reserve does not exceed the balance available, and to this Member State has used 90 °/o or more of its third share, end shall notify the amount of that balance to the it shall, using the procedure provided for in paragraph 1 , Member State making the last drawing. draw a fourth share equal to the third. Article 7 This process shall apply until the reserve is used up. 1 . The Member States shall take all appropriate 4. By way of derogation from paragraphs 1 , 2 and 3 , measures to ensure that additional drawings of shares Member States may draw shares lower than those pursuant to Article 3 are carried out in such a way that specified in those paragraphs if there are grounds for imports may be charged without interruption against believing that they may not be used in full. Member their accumulated shares of the Community quota. States shall inform the Commission of their reasons for 2 . The Member States shall ensure that importers of applying this paragraph. the product in question have free access to the shares allocated to them .

3 . The Member States shall charge imports of the Article 4 product in question against their shares as and when the Additional shares drawn pursuant to Article 3 shall be product is entered with the customs authorities for free valid until 31 December 1988 . circulation.

4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . Article 5

Member States shall, not later than 1 October 1988 , Article 8 return to the reserve the unused portion of their initial At the request of the Commission, the Member States share which, on 15 September 1988 , is in excess of 20 % shall inform it of imports actually charged against their of the initial volume. They may return a greater portion quota shares . if there are grounds for believing that it may not be used in full . Article 9 Member States shall, not later than 1 October 1988 , Member States and the Commission shall cooperate notify the Commission of the total quantities of the closely to ensure that this Regulation is complied with. product in question imported up to and including 15 September 1988 and charged against the Community Article 10 quota and of any portion of their initial shares returned to the reserve . 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