31987R4109

No L 383 / 46 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4109 / 87

of 22 December 1987

opening, allocating and providing for the administration of a Community tariff quota for certain cod and fish of the species Boreogadus saida, dried, salted or in brine , whole, headless or in pieces 1988

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

Benelux 0,62 0,39 0,51 Having regard to the Treaty establishing the European Denmark 0,54 0,01 6,86 Economic Community , and in particular Article 113 thereof, Germany 0,82 0,44 0,41 Greece 4,99 3,80 4,61 Spain 1,05 0,77 15,04 Having regard to the proposal from the Commission , France 9,02 5,69 6,28 Ireland 0 0 0 Italy 18,63 14,11 13,31 Whereas the Community has undertaken to open an annual Portugal 63,84 74,52 52,59 duty free Community tariff quota at zero duty for 25 000 United Kingdom 0,49 0,27 0,39 tonnes of cod of the species Gadus morhua and Gadus ogac, and fish of the species Boreogadus saida, dried , salted or in brine , whole , headless or in pieces ; whereas therefore , the tariff quota in question should be opened on 1 January 1988 and allocated among the Member States ; Whereas , in view of these factors and of market forecasts for this product for 1988 , the initial percentage shares in the Whereas the Community has adopted , with effect from 1 quota volume can be expressed approximately as follows : January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs Tariff and Benelux 0,50 the nomenclature of goods for the external trade statistics of Denmark 2,45 the Community and statistics of trade between Member Germany 0,53 States ; whereas in order to encompass specific Community Greece 4,40 measures this nomenclature has been expanded into an Spain 5,64 integrated tariff of the European Communities ( TARIC ); France 6,81 whereas , with effect from the date given above , the combined Ireland 0,01 nomenclature and , where appropriate , the TARIC code Italy 15,10 numbers , should be used for the description of the products Portugal 64,19 covered by this Regulation ; United Kingdom 0,37

Whereas to allow for possible imports trends for these fish , Whereas equal and continuous access to the quota should be the quota volume should be divided into two parts ; the first ensured for all Community importers and the tariff quota being allocated among the Member States and the second rate should be applied consistently to all imports until the held as a reserve to cover any subsequent requirements of quota is used up ; whereas , in the light of these principles , Member States which have used up their initial share ; allocation of the tariff quota among the Member States whereas to afford importers some degree of certainty, the would seem to preserve the Community nature of the quota ; first part of the tariff quota should be set at a high level , whereas in order to correspond as closely as possible to the which in this case could be 75% of the quota volume ; actual development of the market , the allocation should reflect the requirements of the Member States based on statistics of imports from third countries during a Whereas initial shares may be used up at different rates ; representative reference period and to the economic outlook whereas in order to avoid disruption of supplies on this for the tariff year in question ; account , it should be provided that any Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas each time its additional share Whereas , during the last three years for which complete is almost used up a Member State should draw a further share statistics are available , imports into each of the Member and so on as many times as the reserve allows ; whereas the States represented the following percentages of total imports initial and additional shares should be valid until the end of of the product in question from third countries which do not the quota period ; whereas this form of administration benefit from an equivalent preferential tariff measure : requires close collaboration between the Member States and

31 . 12 . 87 Official Journal of the European Communities No L 383 / 47

the Commission and the Commission must be able to keep Union , any measure concerning the administration of the account of quota utilization rates and inform the Member shares allocated to that economic union may be carried out States accordingly ; by any one of its members ,

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

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

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

09.0007 ex 0305 51 10 Cod of the species Gadus morhua, and Gadus ogac, ex 0305 51 90 and fish of the species Boreogadus saida, dried , salted or in brine , whole , headless or in pieces 25 000 0 0305 59 11 0305 59 19 ex 0305 62 00 0305 69 10

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

Article 2 2 . If a Member State , after exhausting its initial share , has used 90% or more of its second share as well , it shall 1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments . forthwith , as provided in paragraph 1 , draw a third share equal to 5 % of the initial share , rounded up as necessary to 2 . A first instalment of 18 750 tonnes shall be allocated the next whole number . among the Member States ; the shares which , subject to Article 5 , shall be valid until December 1988 shall be as follows : 3 . If a Member State , after exhausting its second share , has used 90 % or more of its third share , it shall , as provided (tonnes) in paragraph 1 , draw a fourth share equal to the third . Benelux 94 Denmark 459 99 This process shall apply until the reserve is used up . Germany Greece 825 Spain 1 058 4 . By way of derogation from paragraphs 1 , 2 and 3 , a France 1 277 Member State may draw shares smaller than those specified Ireland 2 in the said paragraphs if there are grounds for believing that Italy 2 831 those specified might not be used in full . Any Member State Portugal 12 036 applying this paragraph shall inform the Commission of its United Kingdom 69 grounds for so doing . 3 . The second instalment of 6 250 tonnes shall constitute the reserve .

Article3¶

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 Additional shares drawn pursuant to Article 3 shall be valid portion returned to the reserve pursuant to Article 5 , it shall until 31 December 1988 .

No L 383 / 48 31 . 12 . 87 Official Journal of the European Communities

Article 5 are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community quota . By 1 November 1988 , at the latest , Member States must return to the reserve the unused portion of their initial share which , on 15 October 1988 , is in excess of 20 % of the initial 2 . The Member States shall ensure that importers of the volume . They may return a greater portion if there are product in question have free access to the shares allocated to grounds for believing that it may not be used in full . them .

By 1 November 1988 , at the latest , Member States must 3 . The Member States shall charge imports of the product notify the Commission of the total quantities of the product in question against their shares as and when the product is in question imported up to and including 15 October 1988 entered with the customs authorities for free circulation . and charged against the Community quota and of any portion of their initial shares returned to the reserve . 4 . The extent to which a Member State has used up its share shall be determined on the basis of imports charged in accordance with paragraph 3 . Article 6

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall Article 8 inform each State as soon as the information reaches it of the extent to which the reserve has been used up . At the request of the Commission , the Member States shall inform it of imports actually charged against their shares . It shall inform the Member States , not later than 5 November 1988 , of the amount still in reserve following any return of shares pursuant to Article 5 .

Article 9 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 The Member States and the Commission shall cooperate making the last drawing. closely to ensure that this Regulation is complied with .

Article7¶

1 . The Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 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 , 22 December 1987 .

For the Council The President N. WILHJELM