31987R4087

31 . 12 . 87 No L 382 / 18 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 4087/87

of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved fish, falling within codes ex 1604 13 90, ex 1604 15 90, ex 1604 19 99 and ex 1604 20 90 of the combined nomenclature, originating in Norway ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES, requirements of the Member States calculated with reference to statistics of imports from Norway during a representative reference period and to economic outlook Having regard to the Treaty establishing the European for the relevant quota year ; 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 Having regard to the Act of Accession of Spain and as follows : Portugal, (tonnes) Having regard to the proposal from the Commission, 1984 1985 1986

Whereas an Agreement between the European Economic 11 4 Benelux 0 Community and the Kingdom of Norway was concluded Denmark 41 7 2 on 14 May 1973 ; whereas, following the accession of 15 22 3 Germany Greece 0 0 0 Spain and Portugal to the Community, an Agreement in 0 3 1 the form of an Exchange of Letters was concluded and Spain France 1 690 1 604 1 354 approved by Council Decision 86/557/EEC ('); Ireland 0 0 0 0 106 309 Italy Portugal 0 0 0 Whereas the said Agreement provides in particular for 500 354 161 United Kingdom the opening of a Community tariff quota at reduced rates of duty for certain prepared or preserved fishery products originating in Norway; whereas, therefore, the 2 246 2 107 1 834 tariff quota in question should be opened for the period 1 January to 31 December 1988 ; Whereas, during the years under consideration, the products in question were imported only by certain Whereas the Community has adopted, with effect from Member States and there were no such imports into the 1 January 1988 onwards, a combined nomenclature of other Member States ; whereas, under these circum­ goods which is in line with the requirements of the Common Customs Tariff and of the statistics for the stances, initial shares should be allocated to the external trade of the Community and of trade between importing Member States and the other Member States its Member States ; whereas, in order to cover at the should be guaranteed access to the tariff quota upon same time specific Community regulations, the said imports into those States of the products concerned nomenclature has been enlarged by the establishment of being notified ; whereas these arrangements for allocation will also enable the uniform application of the Common an integrated tariff of the European Communities Customs Tariff to be ensured ; (TARIC); whereas from this date onwards the combined nomenclature and, where appropriate, the TARIC code numbers, should therefore be used to refer to the Whereas, in view of these factors, the initial percentage products covered by this Regulation ; shares in the quota volume can be set approximately as follows : Whereas equal and uninterrupted access to the quota Benelux 0,24 should be ensured for all importers and the rate of levy Denmark 0,81 for the tariff quota should be applied consistently to all Germany 0,65 imports until the quota is exhausted ; whereas, in the France 75,13 light of the principles outlined above, a Community tariff Italy 6,71 arrangement based on an allocation between the United Kingdom 16,40 . Member States will preserve the Community nature of the quota ; whereas, to match as closely as possible the actual development of the market in the said products, Whereas, to accommodate any changes in imports for the allocation should follow proportionately the these products, the quota volume should be divided into two instalments, the first being allocated between the Member States and the second held as a reserve to cover O OJ No L 328 , 22 . 11 . 1986, p. 76 . any subsequent requirements of Member States which

31 . 12 . 87 Official Journal of the European Communities No L 382 / 19

have used up their initial share ; whereas to afford initial share remains unused, it is essential that the importers some degree of certainty, the first instalment Member State concerned return a significant proportion of the tariff quota should be fixed at a high level, which thereof to the reserve, in order to prevent a part of the in this case could be 67 % of the quota ; Community tariff 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, to avoid disruption of supplies on this account, Whereas, since the Kingdom of Belgium, the Kingdom it should be provided that any Member State which has of the Netherlands and the Grand Duchy of almost used up its initial share should draw an additional Luxembourg are united within and jointly represented by share from the reserve ; whereas , each time its additional the Benelux Economic Union, any measure concerning share is almost used up, a Member State should draw a the administration of the shares allocated to that further share and so on as many times as the reserve economic union may be carried out by any one of its allows ; whereas the initial and additional shares should members , be valid until the end of the quota period ; whereas this form of administration requires close collaboration HAS ADOPTED THIS REGULATION : between the Member States and the Commission and the Commission must be in a position to keep account of the Article 1 extent to which the quotas have been used up and to inform the Member States accordingly; 1 . From 1 January to 31 December 1988 , the customs duty on imports of the following products, originating in Whereas, if at a given time in the course of the quota Norway, shall be suspended at the level and within the period any substantial quantity of a Member State's limit of the Community tariff quota shown herewith :

Order No CN code Quota volume Rate of duty Description (tonnes) ( °/o )

09.0711 Prepared or preserved fish, including caviar and caviar substitutes prepared from fish eggs : ex 1604 13 90 Other : — Sardinella, brisling or sprats, not including fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, deep-frozen 400 10 ex 1604 15 90 Mackerel of the species Scomber australasicus, not including fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, deep frozen ex 1604 19 99 Other, not including smoked saithe ex 1604 20 90 Fish other than herring and smoked saithe

Under this tariff quota, the Kingdom of Spain and the cooperation, annexed to the Agreement between the Portuguese Republic shall charge duties of 12,4 % and European Economic Community and the Kingdom of 22,5 °/o respectively. Norway, shall be applicable.

Article 2 2 . Imports of the products in question shall not 1 . The tariff quota laid down in Article 1 ( 1 ) shall be qualify for the tariff quota referred to in paragraph 1 divided into two instalments . unless the free-at-frontier-price, which is determined by the Member States according to Article 21 of Council Regulation (EEC) No 3796/ 81 of 29 December 1981 on 2 . A first instalment of this quota shall be allocated the common organization of the market in fishery among certain Member States. The respective shares, products O , as last amended by Regulation (EEC) No which, subject to Article 5 , shall be valid until 31 2315 / 86 (2), is at least equal to the reference price where December 1988 , shall be as follows : such a price has been fixed by the Community for the (in tonnes) product or categories of products under consideration. Benelux 1 Denmark 2 Germany 2 France 203 3 . The Protocol on the definition of the concept of Italy 1 8 originating products and on methods of administrative United Kingdom 44

0) OJ No L 379, 31 . 12 . 1981 , p. 1 . 3 . The second instalment of the quota, being 130 O OJ No L 202 , 25 . 7 . 1986, p. 1 . tonnes , shall constitute the reserve .

31 . 12 . 87 No L 382 / 20 Official Journal of the European Communities

4. If an importer notifies the imminent import of the September 1988 and charged against the Community quota and of any portion of their initial shares returned products in question into a Member State which does to the reserve . not participate in the initial allocation and requests the benefit of the quota, the Member State concerned shall inform the Commission and draw an amount corre­ Article 6 sponding to these requirements to the extent that the available balance of the reserve so permits . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as the information reaches it, inform Article 3 each State of the extent to which the reserve has been used up. 1 . If a Member State has used 90 % or more of its initial share as fixed in Article 2 (2), or of that share minus any proportion returned to the reserve pursuant It shall, not later than 5 October 1988 , inform the to Article 5, it shall forthwith, by notifying the Member States of the amount still in reserve, following Commission, draw a second share, to the extent that the any return of shares pursuant to Article 5 . reserve so permits, equal to 10 % of its initial share, rounded up as 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 2 . If a Member State, after exhausting its initial share, end shall notify the amount of that balance to the has used 90 % or more of the second share drawn by it, Member State making the last drawing. that Member State shall forthwith, in the manner and to the extent provided in paragraph 1 , draw a third share Article 7 equal to 5 % of its initial share, rounded up as necessary to the whole number. 1 . The Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may 3 . If a Member State, after exhausting its second be charged without interruption against their cumulative share, has used 90 % or more of the third share drawn shares of the Community quota. by it, that Member State shall, in the manner and to the extent provided in paragraph 1 , draw a fourth share equal to the third. 2 . The Member State shall ensure that importers of the product in question have free access to the shares allocated to them . This process shall apply until the reserve is used up.

3 . The Member States shall charge imports of the 4. By way of derogation from paragraphs 1 , 2 and 3, product in question against their shares as and when the a Member State may draw shares lower than those product is entered with the customs authorities for free specified in those paragraphs if there are grounds for circulation . believing that those specified may not be used in full. Any Member State applying this paragraph shall inform the Commission of its grounds for so doing. 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 4 Additional shares drawn pursuant to Article 3 shall be Article 8 valid until 31 December 1988 . At the request of the Commission, the Member States shall inform it of imports actually charged against their shares . Article 5 Member States shall, not later than 1 October 1988 , return to the reserve such unused portion of their initial Article 9 share as, on 15 September 1988 , exceeds 20 % of the initial volume. They may return a greater portion if there Member States and the Commission shall cooperate are grounds for believing that it may not be used in full. closely to ensure that this Regulation is complied with.

Member States shall, not later than 1 October 1988 , Article 10 notify the Commission of the total quantities of the product in question imported up to and including 15 This Regulation shall enter into force on 1 January 1988 .

No L 382 /21 31 . 12 . 87 Official Journal of the European Communities

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