31987R4086

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

COUNCIL REGULATION (EEC) No 4086/87

of 21 December 1987

opening, allocating and providing for the administration of Community tariff quotas for certain fishery products originating in Sweden ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Tariff and the external trade statistics of the Community and statistics of trade between Member States ; whereas, Having regard to the Treaty establishing the European in order to accommodate specific Community measures, Economic Community, and in particular Article 113 this nomenclature has been expanded into an integrated thereof, tariff of the European Communities (TARIC); whereas, with effect from the abovementioned date, the combined Having regard to the Act of Accession of Spain and nomenclature and, where appropriate, the TARIC code Portugal, numbers should be used for the description of the products covered by this Regulation ; Having regard to the proposal from the Commission, Whereas equal and continuous access to the quotas Whereas an agreement between the European Economic should be ensured for all Community importers and the Community and Sweden was concluded on 22 July 1972 ; rates laid down for the quotas should be applied consist­ whereas, following the accession of Spain and Portugal ently to all imports until the quotas are exhausted ; to the Community, an Agreement in the form of an whereas, in the light of these principles, allocation of the Exchange of Letters was concluded and approved by tariff quotas among the Member States would seem to Decision 86/ 558 /EEC (x); preserve the Community nature of the quotas ; whereas, in order to correspond as closely as possible to the real Whereas the said Agreement provides for the opening of trend of the market, the allocation should reflect the Community tariff quotas at a reduced rate of duty or at requirements of the Member States based on statistics of zero duty, for certain fishery products originating in imports from Sweden during a representative reference Sweden ; whereas, therefore, the tariff quotas in question period and on the economic outlook for the quota year should be opened for the period 1 January to 31 in question ; December 1988 ;

Whereas the Community has adopted, with effect from Whereas, during the last three years for which statistics 1 January 1988 , a combined nomenclature for goods are available, imports into each of the Member States which meets the requirements of the Common Customs were as follows :

(tonnes)

Cod , saithe , haddock, Fillets of cod, Caviar substitutes fresh or fresh or frozen Member State chilled

1984 1985 1986 1984 1985 1986 1984 1985 1986

Benelux 81 189 182 7 24 9 0 0 0 Denmark 23 280 20 288 18 568 222 392 270 1 19 1 152 413 32 113 128 43 38 6 22 Germany Greece 0 0 0 0 0 0 20 7 4 3 001 2 021 742 997 985 276 3 5 5 Spain France 273 158 170 42 24 4 33 23 5 Ireland 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Italy Portugal 37 0 20 0 0 0 0 0 0 502 516 454 0 0 0 1 0 0 United Kingdom

27 326 23 585 20 168 1 381 1 553 602 96 60 37

o OJ No L 328 , 22 . 11 . 1986, p. 89.

31 . 12 . 87 No L 382 / 13 Official Journal of the European Communities

(tonnes)

Prepared or preserved Other prepared or Shrimps and prawns Member State herring preserved fish

1984 1985 1986 1984 1985 1986 1984 1985 1986

Benelux 11 10 15 75 66 52 0 17 0 Denmark 60 30 70 78 58 59 8 0 31 Germany 177 64 68 26 34 36 13 9 10 Greece 0 0 0 0 0 0 1 0 0 Spain 6 0 7 2 3 3 1 1 3 France 1 1 23 1 1 6 37 3 1 Ireland 0 0 0 0 0 0 0 0 0 Italy 0 0 0 0 0 0 41 62 58 Portugal 0 0 0 0 0 0 3 0 3 United Kingdom 10 9 14 3 2 0 0 12 16

265 114 197 185 164 156 104 104 122

Whereas during the years under consideration, the products in question were imported only by certain Member States and not at all by the other Member States ; whereas, under these circumstances, inital shares should be allocated to the importing Member States and the other Member States should be guaranteed access to the tariff quotas when notification is given of imports into those States of the products concerned ; whereas these arrangements for allocation will also ensure uniform application of the duties of the Common Customs Tariff;

Whereas, in view of these factors, the initial percentage shares of the quota volumes can be expressed as follows :

(tonnes)

Cod , Other Fillets of Caviar Prepared Shrimps Member State saithe, prepared cod substitutes herring and prawns haddock fish

Benelux 0,64 1,13 0 6,25 38,22 5,15 Denmark 87,41 25,00 10,88 27,78 38,62 11,82 Germany 0,84 8,03 34,20 53,64 19,01 9,70 Greece 0 0 16,06 0 0 0,30 Spain 8,11 63,86 6,73 2,26 1,58 1,52 France 0,85 1,98 31,61 4,34 1,58 12,42 Ireland 0 0 0 0 0 0 Italy 0 0 0 0 0 48,79 Portugal 0,08 0 0 0 0 1,82 United Kingdom 2,07 0 0,52 5,73 0,99 8,48

Whereas, to allow for the trends of imports of the part of the tariff quotas should be set at a level which in products concerned in the various Member States, the this case could be 60 % or 67 % of each quota volume ; quota volumes should be divided into two parts, the first being allocated among certain Member States and the second held as a reserve to cover any subsequent Whereas the initial shares of the Member States may be requirements of Member States which have used up their used up at different rates ; whereas, in order to avoid any inital shares and any requirements which might arise in break in the continuity of supplies on this account, it the other Member States ; whereas, to afford importers in should be provided that any Member State which has each Member State some degree of certainty, the first almost used up one of its initial shares should draw an

No L 382 / 14 31 . 12 . 87 Official Journal of the European Communities

additional share from the corresponding reserve ; the Community .tariff quotas from remaining unused in whereas, each time one of its additional shares is almost one Member State when it could be used in others ; used up, a Member State should draw a further share Whereas since the Kingdom of Belgium, the Kingdom of and so on as many times as the reserve so allows ; the Netherlands and the Grand Duchy of Luxembourg whereas each of the initial and additional shares must be are united within and jointly represented by the Benelux valid until the end of the quota period ; whereas this Economic Union, any operation concerning the adminis­ form of administration requires close cooperation tration of the quota shares allocated to that economic between the Member States and the Commission and the union may be carried out by any one of its members, latter must be able to monitor the extent to which the quota volumes have been used up and inform the HAS ADOPTED THIS REGULATION : Member States accordingly; Article 1

Whereas if, at a given date in the quota period, a 1 . From 1 January to 31 December 1988 , the customs considerable quantity of a Member State's initial share duty applicable to imports of the following products remains unused, it is essential that the Member State originating in Sweden shall be suspended at the levels concerned should return a significant proportion thereof indicated and within the limits of Community tariff to the corresponding reserve in order to prevent part of quotas as shown below :

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

0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 : — Cod (Gadus morhua, Gadus ogac, Gadus macroce­ phalus), excluding livers and roes : 09.0601 ex 0302 50 10 3 500 0 — Of the species Gadus morhua — Other fish, excluding livers and roes : 0302 62 00 — Haddock (Melanogrammus aeglefinus) 0302 63 00 — Coalfish (Pollachius virens)

0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen : 0304 10 — Fresh or chilled : — Fillets : 09.0603 Other : 1 500 0 ex 0304 10 31 Of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and of fish of the species Boreogadus saida — Of the species Gadus morhua

1604 Prepared or preserved fish ; caviar and caviar substitutes prepared from fish eggs : 09.0605 — Fish, whole or in pieces, but not minced : 250 0 1604 12 — Herrings : 1604 12 90 Other 1604 13 — Sardines, sardinella and brisling or sprats : 1604 13 90 Other 1604 19 — Other : Other : 09.0607 200 0 1604 19 99 Other 1604 20 — Other prepared or preserved fish :

1604 20 90 — Of other fish

31 . 12 . 87 Official Journal of the European Communities No L 382 / 15

Order Quota volume Rate of duty CN code Description No (tonnes) ( %) 09.0609 l 160430 — Caviar and caviar substitutes : I

1604 30 90 — Caviar substitutes 60 0 \ 1605 Crustaceans, molluscs and other aquatic invert il Il|| ebrates, prepared or preserved : Il 09.0611 ex 1605 20 00 — Shrimps and prawns : 120 7,5 Il IIIl — Shelled or frozen, excluding shrimps and IlIl prawns of the Crangon variety || \

2. Within the limits of the tariff quotas laid down in the Member States pursuant to Article 21 of Regulation paragraph 1 , the Kingdom of Spain and the Portuguese (EEC) No 3796/ 81 ('), is at least equal to the reference Republic shall apply the duties shown in the following price, if such a price has been fixed by the Community table : for the products in question.

0/0) 4. The protocol on the definition of the concept of Order No Spain Portugal originating products and on methods of administrative cooperation, annexed to the Agreement between the 09.0601 0 0 European Economic Community and Sweden, shall be 09.0603 0 0 applicable. 09.0605 8,6 18,8 09.0607 8,6 18,8 Article 2 09.0609 8,6 18,8 09.0611 6,6 21,6 1 . The tariff quotas laid down in Article 1 ( 1 ) shall be divided into two parts.

2 . The first part of the quota shall be allocated among 3 . Imports of the products in question may not be certain Member States ; the respective quota shares, charged against the quotas referred to in paragraph 1 which, subject to Article 5 , shall be valid until 31 unless the free-at-frontier price, which is determined by December 1988 , shall be as follows :

(tonnes) Order No Order No Order No Order No Order No Order No Member States 09.0601 09.0603 09.0605 09.0607 09.0609 09.0611

Benelux 13 11 10 52 4 Denmark 1 836 250 46 4 52 9 Germany 18 80 89 14 26 8 Greece — — — 6 — 1 Spain 170 639 4 2 2 1 France 18 20 7 13 2 10 — — — — — 39 Italy Portugal 2 — — — — 1 43 — 9 1 1 7 United Kingdom

2 100 1 000 165 40 135 80

3 . The second part of the quota, amounting to : Member State not participating in the original allocation and applies to take advantage of the corresponding — for Order No : 09.0601 : 1 400 tonnes, quota the Member State concerned shall inform the — for Order No : 09.0603 : 500 tonnes, Commission and draw an amount corresponding to its — for Order No : 09.0605 : 85 tonnes, requirements to the extent that the available balance of — for Order No : 09.0607 : 20 tonnes, the reserve so permits. — for Order No : 09.0609 : 65 tonnes, Article 3 — for Order No : 09.0611 : 40 tonnes, 1 . If a Member State has used 90 % or more of one shall constitute the reserve. of one of its initial shares as specified in Article 2 (2), or of that share less any portion returned to the corre 4. If an importer gives notification of imminent imports of one of the products in question into a C) OJ No L 379, 31 . 12 . 1981 , p. 1 .

31 . 12 . 87 No L 382 / 16 Official Journal of the European Communities

Article 6 sponding reserve pursuant to Article 5, it shall forthwith, by notifying the Commission and to the extent that the The Commission shall keep account of the shares drawn reserve so permits, draw a second share equal to 10 % of by Member States pursuant to Article 2 and 3 and shall its initial share, rounded up where necessary to the next inform each Member State of the extent to which the whole number. reserves have been used up as soon as it has been notified .

It shall inform the Member States not later than 5 2. If, after one of its initial quota shares has been used October 1988 of the state of each of the reserves up, a Member State has used 90 % or more of its second share as well, it shall forthwith, using the procedure following any return of quota shares pursuant to Article 5 . provided for in paragraph 1 , draw a third share equal to 5 % of the initial share, rounded up where necessary to the next whole number. It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to this end shall notify the amount of that balance to the Member State making the final drawing. 3 . If, after its second share has been used up, a Member State has used 90 % or more of its third share, it shall, using the procedure provided for in paragraph 1 , Article 7 draw a fourth share equal to the third. 1 . Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to Article 3 enable imports to be charged without inter­ This process shall continue until the reserve is used up. ruption against their accumulated shares of the Community quotas .

2 . Member States shall ensure that importers of the 4. By way of derogation from paragraphs 1 , 2 and 3, products concerned have free access to the quotas shares Member States may draw smaller shares than those allocated to them . specified in the said paragraphs if there is reason to believe that they might not be used in full. Member States shall inform the Commission of their reasons for 3 . Member States shall charge imports of the products applying this paragraph. concerned against their shares as and when the goods are entered with the customs authorities for free circu­ lation .

Article 4 4 . The extent to which a Member State has used up Each of the additional shares drawn pursuant to Article its shares shall be determined on the basis of imports of 3 shall be valid until 31 December 1988 . the products concerned originating in Sweden and entered with the customs authorities for free circulation .

Article 5 Article 8 By 1 October 1988 at the latest Member States must At the request of the Commission, Member States shall return to the reserve the unused portion of their initial inform it of imports actually charged against their quota share which, on 15 September 1988 , is in excess of 20 % shares . of the inital volume. They may return a greater portion if there is reason to believe that it might not be used. Article 9 The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with. By 1 October 1988 at the latest Member States must notify the Commission of the total quantities of the products concerned imported on or before 15 September 1988 and charged against the Community quotas and of Article 10 any portion of their initial shares that they are returning to the reserve . This Regulation shall enter into force on 1 January 1988 .

31 . 12 . 87 Official Journal of the European Communities No L 382 / 17

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