31987R4112
31 . 12 . 87 No L 383 / 66 Official Journal of the European Communities
COUNCIL REGULATION ( EEC ) No 4112 / 87
of 22 December 1987 Opening, allocating and providing for the administration of Community tariff quotas for certain kinds of prepared or preserved fish coming from Portugal ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , possible the true trend of the market in the products concerned , such allocation should be in proportion to the requirements of the Member States , assessed by reference to the statistics of each State's imports from Portugal over a Having regard to the Treaty establishing the European representative reference period and also to the economic Economic Community , outlook for the quota period concerned ;
Having regard to the Act of Accession of Spain and Portugal , Whereas during the last three years for which statistics are and in particular Article 362 thereof, available imports into the Member States were as follows:
( tonnes) Having regard to the proposal from the Commission , Member States 1984 1985 1986
Whereas Article 362 of the Act of Accession provides that Sardines of the species Sardina pilchardus during the period of progressive elimination of customs duties between the Community as constituted on 31 Benelux 954 741 741 December 1985 and Portugal , certain kinds of sardines , Denmark 302 306,31 234 tunas , fish of the genus Euthynnus, certain kinds of mackerel 3 277 3 239 4 659 and fish of the species Orcynopsis unicolor, prepared Germany Greece 14 — 155 or preserved , falling within codes ex 1604 13 10 , ex 1604 20 50 , 1604 14 10 , 1604 19 30 , 1604 20 70 , 2 410 2 190 1 783 France 1604 15 10,1604 19 50 and ex 1604 20 50 of the combined Ireland 13 30 19 nomenclature , from Portugal , may be imported free of duty Italy 643 820,8 634 into the Community as constituted on 31 December 1985 within the limits of annual Community tariff quotas of 5 000 United Kingdom 6 574 4 210 3 949 tonnes , 1 000 tonnes and 1 000 tonnes respectively; whereas these quotas should be opened for 1988 ; Tunas and fish of the genus Euthynnus
Benelux 3 1 13 Whereas the Community has adopted , with effect from Denmark — — — 1 January 1988 , a combined nomenclature for goods which meets the requirements of both the Common Customs Tariff Germany 18 18,2 22 and the nomenclature of goods for external trade statistics of — 54 — Greece the Community and statistics of trade between Member France 118 55 16 States; whereas in order to accomodate specific Community Ireland — — — rules , this nomenclature has been expanded into an Italy 1 504 2 456,5 2 141 integrated tariff of the European Community ( Taric); whereas , with effect from that date , the combined — — 9 United Kingdom nomenclature and , where appropriate , the TARIC code numbers should be used for the description of the products covered by this Regulation ; Mackerel of the species Scomber scombrus und Scomber japonicus and fish of the species Orcynopsis unicolor
Benelux 130 135 176 Whereas it is in particular necessary to ensure for all Denmark — — importers of the Community as constituted on 31 December . — 1985 equal and uninterrupted access to the abovementioned — — 21 Germany quotas and uninterrupted application of the rates laid down — — — Greece for these quotas to all imports of the products concerned into France 5 — 3 all the Member States until the quotas have been used up ; Ireland — — — whereas , having regard to the above principles , the Community nature of the quotas can be respected by Italy 1 576 2 216,7 1 463 allocating the Community tariff quotas among the Member 40 — — United Kingdom States ; whereas , in order to reflect as accurately as
31 . 12 . 87 Official Journal of the European Communities No L 383 / 67
Whereas in view of these factors and of the estimates into account and avoid any break in continuity, any Member submitted by certain Member States , initial quota shares may State which has almost used up its initial quota share should be set approximately at the following percentages : draw an additional quota share from the corresponding reserve; whereas this must be done by each Member State as and when each of its additional shares is almost used up and Member States Sardines Tunny Mackerel repeated as many times as the reserve allows ; whereas the initial and additional quota shares must be valid until the end Benelux 6,43 of the quota period ; whereas this method of administration 8,85 Denmark — — requires close cooperation between Member States and the 2,42 — — Commission and the latter must , in particular, be able to Germany 29,49 — — monitor the extent to which the quota volumes have been Greece 0,61 used up and to inform the Member States accordingly; France 16,84 — 4,00 Ireland — — — Italy 5,33 96,00 91,15 Whereas if, at a given date in the quota period , a substantial United Kingdom 38,88 — — quantity of one of the initial shares remains unused in one or other Member State it is essential that the Member State concerned should return a significant proportion to the reserve to prevent a part of any Community quota from remaining unused in one member State when it could be used in other ; Whereas in the last three years the products in question were imported regularly by certain Member States only, and not at all or only occasionally by the other Member States ; whereas Whereas , since the Kingdom of Belgium , the Kingdom of the in these circumstances initial shares should be allocated to the Netherlands and the Grand Duchy of Luxembourg are united genuine importing Member States and the other Member within and jointly represented by the Benelux Economic States should be guaranteed access to the tariff quotas when Union any operations relating to the administration of the imports into these Member States are notified ; whereas these quota shares allocated to that economic union may be carried arrangements for allocation will equally ensure the uniform out by any one of its members, application of the combined nomenclature ;
Whereas , m order to take into account import trends for the products concerned in the various Member States , each quota should be divided into two parts , the first being shared HAS ADOPTED THIS REGULATION : among certain Member States and the second constituting a reserve to cover the subsequent requirements of the Member States where they have used up their initial shares and also any requirements which might arise in the other Member States ; whereas , in order to give importers in each Member Article 1 State a certain degree of security, the first part of the Community quotas could be set at 67% of the quota volumes ; From 1 January to 31 December 1988 the customs duties on imports from Portugal into the Community as constituted on 31 December 1985 for the following products shall be Whereas the initial quota shares of the Member States may be suspended at the levels indicated and within the limits of used up at different times ; whereas , in order to take this fact Community tariff quotas as shown herewith :
Order No CN code Quantities Description Quota duties ( tonnes )
1604 Prepared or preserved fish : caviar and caviar substitutes prepared from fish eggs : 09.0501 ex 1604 13 10 — Sardines of the species Sardina pilchardus 5 000 free ex 1604 20 50 09.0502 1604 14 10 — Tunas and skipjack 1604 19 30 — Fish of the genus Euthynnus, other than skipjack 1 000 free 1604 20 70 — Tunas , skipjack and other fish of the genus Euthynnus 09.0503 1604 15 10 — Mackerel of the species Scomber scombrus and Scomber japonicus 1604 19 50 — Fish of the species Orcynopsis unicolor 1 000 free ex 1604 20 50 — Mackerel of the species Scomber scombrus and Scomber japonicus and fish of the species Orcynopsis unicolor
31 . 12 . 87 No L 383 / 68 Official Journal of the European Communities
Article 2 This process shall continue until the reserve is used up .
1 . Each of the tariff quotas referred to in Article 1 shall be 4 . By way of derogation from paragraphs 1 , 2 and 3 , a divided into two parts . Member State may draw shares smaller than those fixed in those paragraphs if there is reason to believe that these might 2 . ( a ) The first part of each quota shall be allocated among not be used up . It shall inform the Commission of its reasons certain Member States ; the respective shares shall , for applying this paragraph . subject to Article 5 , be valid until 31 December 1988 , and shall be as follows :
(tonnes) Article 4 Prepared or preserved Member States Sardines Tunas Mackerel Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 . Benelux 215 — 60 80 — — Denmark 990 — — Germany Greece 20 — — Article 5 5 65 30 — France — — — Ireland The Member States shall return to the reserve , not later than Italy 180 640 610 1 October 1988 , the unused portion of their initial share 1 300 — — United Kingdom which , on 15 September 1988 , is in excess of 20% of the Total 3 350 670 670 initial volume . They may return a larger quantity if there are grounds for believing that it might not be used .
The Member States shall , not later than 1 October 1988 , (b ) The second part of each quota , namely 1 650 , 330 notify the Commission of the total quantities of the products and 330 tonnes respectively,, shall constitute the concerned imported up to 15 September 1988 and charged corresponding reserve . against the Community quotas and of any quantities of the initial shares returned to each reserve . 3 . If an importer notifies a Member State that a consignment of the products in question is to be imported and applies to use the quota , the Member State concerned shall inform the Commission and draw an amount Article 6 corresponding to its requirements to the extent that the available balance of the reserve so permits . The Commission shall keep an account of the shares drawn by the Member States pursuant to Articles 2 and 3 and shall , as soon as it is notified , inform each State of the extent to Article 3 which the reserves have been used up .
1 . If 90 % or more of a Member State's initial share as It shall inform the Member States , not later than 5 October specified in Article 2 ( 2 ), or of that share less the portion 1988 of the amount in the reserve after the return of returned to the reserve , where Article 5 is applied , has been quantities pursuant to Article 5 . used up , that Member State shall without delay, by notifying the Commission , draw a second share equal to 10% of its initial share , rounded up where necessary to the next whole It shall ensure that the drawing which exhausts the reserve number , to the extent permitted by the amount of the does not exceed the balance available and , to this end , shall reserve . notify the amount of the balance to the Member State making the last drawing . 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has been used , that Member State shall , using the procedure provided for in paragraph 1 , draw a third equal to 5% of its initial share , Article 7 rounded up where necessary to the next whole number .
3 . If, after its second share has been used up , 90% or 1 . The Member States shall take all measures necessary to more of the third share drawn by a Member State has been ensure that additional drawing of shares pursuant to Article 3 used up , that Member State shall , using the same procedure carried out in such a way that imports may be charged are provided for in paragraph 1 , draw a fourth share equal to the without interruption against their accumulated shares of the third . tariff quotas .
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2 . The Member States shall ensure that imports of the Article 8 products in question have free access to the shares allocated to them . At the Commission's request the Member States shall inform it of imports actually charged against their shares .
3 . The Member States shall charge the imports of the products concerned against their shares as and when the Article 9 products are entered with customs authorities for free circulation . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .
4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports coming Article 10 from Portugal entered with customs authorities for free circulation . 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