31988R4183
31 . 12 . 88 Official Journal of the European Communities No L 368 / 7
COUNCIL REGULATION (EEC) No 4183 / 88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for frozen cod ( Gadus morhua) fillets
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 Having regard to the Treaty establishing the European almost totally used up , it is indispensable that Member Economic Community, and in particular Article 113 States return to this quota the entirety of the drawings thereof, made which have not been used, in order to avoid one part 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 Whereas the Community has undertaken to open an annual Economic union , any operation concerning the Community tariff quota at 8 % duty for 10 000 tonnes of administration of the quota share levied by that economic frozen fillets of cod of the Gadus morhua species ; whereas union may be carried out by any one of its members , 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 these principles, allocation of the tariff quota among the Article 1 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 products shall the allocation should reflect the requirements of the be suspended at the level indicated and within the limits of Member States based on statistics of imports from third a Community tariff quota as shown below :
Quota Rate of Order CN code Description volume duty No ( tonnes ) ( % )
09.0011 ex 0304 20 29 Frozen cod fillets (Gadus morhua) 10 000 8
2 . Within the limits of this tariff quota , the Kingdom of 2 . Without prejudice to Article 3 , shares drawn pursuant Spain and the Portuguese Republic shall apply customs to paragraph 1 shall be valid until the end of the quota duties calculated in accordance with the relevant provisions period . laid down by the 1985 Act of Accession.
Article 3 Article 2 1 . Once at least 80 % of the tariff quota as defined in Article 1 ( 1 ) has been used up , the Commission shall notify 1 . If an importer gives notification of imminent imports of the Member States thereof, the product in question into a Member State and applies to take advantage of the quota, the Member State concerned shall inform the Commission and draw an amount 2 . It shall also notify Member States in this case of the corresponding to its requirements to the extent that the date from which drawings on the tariff quota must be made available balance of the quota so permits. according to the following provisions:
No L 368 / 8 Official Journal of the European Communities 31 . 12 . 88
If an importer presents in a Member State a declaration of Article 4 entry into free circulation including a request for preferential benefit for a product covered by this 1 . Member States shall take all appropriate measures to Regulation, and if this declaration is accepted by the ensure that their drawings pursuant to Article 2 ( 1 ) enable customs authorities , the Member State concerned shall imports to be charged without interruption against their draw from the tariff quota , by means of notification to the accumulated shares of the Community quota . Commission , a quantity corresponding to these needs. 2 . Each Member State shall ensure that importers of the product concerned have free access to the quota for such The requests for drawing, with the indication of the date of time as the residual balance of the quota volume so acceptance of the said declaration, must be communicated permits . to the Commission without delay. 3 . Member States shall charge imports of the product concerned against their drawings as and when the goods The drawings are granted by the Commission on the basis are entered with the customs authorities for free of the date of acceptance of the declaration of entry into circulation . free circulation by the customs authorities of the Member State concerned , to the extent that the available balance so 4 . The extent to which the quota has been used up shall permits . be determined on the basis of the imports charged in accordance with paragraph 3 . If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota . Article 5
At the request of the Commission , Member States shall If the quantities requested are greater than the available inform it of imports of the product concerned actually balance of the quota , allocation shall be made on a pro rata charged against the quota . basis with respect to the requests. Member States shall be informed by the Commission in accordance with the same procedures . Article 6
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