31988R4182
31 . 12 . 88 Official Journal of the European Communities No L 368 / 5
COUNCIL REGULATION ( EEC ) No 4182 / 88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for silver hake (Merluccius bilinearis)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , countries during a representative reference period and the economic outlook for the quota year in question ;
Whereas if, during the quota period, the tariff quota is almost totally used up , it is indispensable that Member Having regard to the Treaty establishing the European States return to this quota the entirety of the drawings Economic Community, and in particular Article 113 made which have not been used, in order to avoid one part thereof, of the Community tariff quota remaining unused in one Member State when it could be used in others ;
Having regard to the proposal from the Commission , Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic union , any operation concerning the Whereas the Community has undertaken to open an annual administration of the quota share levied by that economic Community tariff quota at 8 % duty for 2 000 tonnes of union may be carried out by any one of its members, silver hake ( Merluccius bilinearis)-, whereas the tariff quota concerned should be opened on 1 January 1989 ;
HAS ADOPTED THIS REGULATION : Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down for the quota should be applied consistently to all imports until the quota is used up; whereas, in the light of Article 1 these principles, allocation of the tariff quota among the Member States would seem to preserve the Community nature of the quota; whereas, in order to correspond as 1 . From 1 January to 31 December 1989 , the customs closely as possible to the actual development of the market, duty applicable to imports of the following product shall be the allocation should reflect the requirements of the suspended at the level indicated and within the limits of a Member States based on statistics of imports from third Community tariff quota as shown below:
Quota Rate of Order CN code Description volume duty No (tonnes ) ( % )
09.0009 ex 0302 69 65 Silver hake (Merluccius bilinearis), fresh , chilled or frozen 2 000 8 ex 0303 78 10 ex 0304 90 47
2 . Within the limits of this tariff quota, the Kingdom of corresponding to its requirements to the extent that the Spain and the Portuguese Republic shall apply customs available balance of the quota so permits . duties calculated in accordance with the relevant provisions laid down by the 1985 Act of Accession. 2 . Without prejudice to Article 3 , shares drawn pursuant to paragraph 1 shall be valid until the end of the quota period .
Article 2 Article 3 1 . If an importer gives notification of imminent imports of the product in question into a Member State and applies to 1 . Once at least 80 % of the tariff quota as defined in take advantage of the quota , the Member State concerned Article 1(1 ) has been used up , the Commission shall notify shall inform the Commission and draw an amount the Member States thereof.
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2. It shall also notify Member States in this case of the Article 4 date from which drawings on the tariff quota must be made according to the following provisions: 1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 2 ( 1 ) enable imports to be charged without interruption against their If an importer presents in a Member State a declaration of accumulated shares of the Community quota . entry into free circulation including a request for preferential benefit for a product covered by this Regulation , and if this declaration is accepted by the 2. Each Member State shall ensure that importers of the customs authorities , the Member State concerned shall product concerned have free access to the quota for such draw from the tariff quota, by means of notification to the time as the residual balance of the quota volume so Commission , a quantity corresponding to these needs . permits .
The requests for drawing, with the indication of the date of 3 . Member States shall charge imports of the product acceptance of the said declaration, must be communicated concerned against their drawings as and when the goods to the Commission without delay . are entered with the customs authorities for free circulation . The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into 4. The extent to which the quota has been used up shall free circulation by the customs authorities of the Member be determined on the basis of the imports charged in State concerned , to the extent that the available balance so accordance with paragraph 3 . permits .
Article 5 If a Member State does not use the quantities drawn , it shall return them as soon as possible to the tariff quota . At the request of the Commission , Member States shall inform it of imports of the product concerned actually If the quantities requested are greater than the available charged against the quota . balance of the quota , allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission in accordance with the same Article 6 procedures. The Member States and the Commission shall cooperate 3 . Within a time limit laid down by the Commission closely to ensure that this Regulation is complied with. starting from the date referred to in the first subparagraph of paragraph 2 , Member States shall be required to return to the tariff quota all the quantities which have not been Article 7 used on that date, within the meaning of Article 4 ( 3 ) and (4 ). This Regulation shall enter into force on 1 January 1989 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 16 December 1988 .
For the Council The President G. GENNIMATAS