31988R4184

31 . 12 . 88 Official Journal of the European Communities No L 368 / 9

COUNCIL REGULATION ( EEC) No 4184 / 88 of 16 December 1988 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 ( 1989)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , for 1989 , maintenance of quotas for the Member States is necessary , bearing in mind that it is impossible for the administration concerned in each Member State to introduce, in 1989 , the administrative and technical basis Having regard to the Treaty establishing the European for Community administration of the quota ; whereas it is, Economic Community, and in particular Article 113 however, possible , bearing in mind the way in which trade thereof, has developed in recent years, to provide for a Community reserve of a significantly large amount;

Having regard to the proposal from the Commission , Whereas , in view of these factors and of market forecasts for this product in 1989 initial percentage shares in the Whereas the Community has undertaken to open an annual quota volume can be expressed approximately as follows: duty free Community tariff quota at zero duty for 25 000 tonnes of cod of the species Gadus morbua and Gadus ogac Benelux 0,21 and fish of the species Boreogadus saida, dried, salted or in Denmark 0,02 brine , whole, headless or in pieces; whereas therefore, the tariff quota in question should be opened on 1 January Germany 0,21 1989 and allocated among the Member States ; Greece 4,07 Spain 9,98 France 3,92 Whereas equal and continuous access to the quota should Ireland 0,01 be ensured for all Community importers and the tariff Italy 10,43 quota rate should be applied consistently to all imports until the quota is used up ; whereas , in the light of these Portugal 70,85 principles , allocation of the tariff quota among the United Kingdom 0,30 Member States would seem to preserve the Community nature of the quota ; whereas in order to correspond as closely as possible to the actual development of the market , the allocation should reflect the requirements of the Whereas to allow for possible imports trends for these fish , Member States based on statistics of imports from third the quota volume should be divided into two parts; the first countries during a representative reference period and to being allocated among the Member States and the second the economic outlook for the tariff year in question; held as a reserve to cover any subsequent requirements of Member States which have used up their initial share as well as the requirements of the Member States which do Whereas , during the last three years for which complete not participate in the initial allocation ; whereas to afford statistics are available, imports into each of the Member importers some degree of certainty , the first part of the tariff quota should be set at a high level , which in this case States represented the following percentages of total could be 60 % of the quota volume ; imports of the product in question from third countries which do not benefit from an equivalent preferential tariff measure : Whereas initial shares may be used up at different rates; Member States 1985 1986 1987 whereas in order to avoid disruption of supplies on this account , it should be provided that any Member State Benelux 0,39 0,05 0,07 which has used up its initial share should draw an Denmark 0,01 0,01 0,06 additional share from the reserve ; whereas each time its Germany 0,44 0 0,04 additional share is almost used up a Member State should Greece 3,80 4,11 4,48 draw a further share and so on as many times as the reserve Spain 0,77 20,06 15,47 allows ; whereas the initial and additional shares should be France 5,69 2,43 2,42 valid until the end of the quota period ; whereas this form Ireland 0 0 0 of administration requires close collaboration between the Italy 14,11 7,31 7,34 Member States and the Commission and the Commission Portugal 74,52 65,58 69,93 must be able to keep account of quota utilization rates and United Kingdom 0,27 0,45 0,19 inform the Member States accordingly ;

No L 368 / 10 Official Journal of the European Communities 31 . 12 88

Whereas if, during the quota period , the Community administration of the shares allocated to that economic reserve is almost totally used up , it is essential that Member union may be carried out by any one of its members, States return to the said reserve the whole of the unused proportion of their initial quota and of any drawings made , in order to avoid one part of the Community tariff quotas remaining unused in one Member State when it could be HAS ADOPTED THIS REGULATION : used in others :

Article1¶

Whereas since the Kingdom of Belgium , the Kingdom of From 1 January to 31 December 1989 , the customs duty the Netherlands and the Grand Duchy of Luxembourg are applicable to imports of the following products shall be united within and jointly represented by the Benelux suspended at the level and within the limit of a Community Economic Union , any measure concerning the tariff quota as shown herewith :

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

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

Within the limit of this tariff quota , the Kingdom of Spain exhausted its initial quota and applies to use the quota , the and the Portuguese Republic shall apply customs duties Member State concerned shall inform the Commission and calculated in accordance with the relevant provisions laid draw an amount corresponding to its requirements to the down by the Act of Accession of Spain and Portugal . extent that the available balance of the quota so permits.

Article 2 5 . Without prejudice to Article 3 , the drawings made pursuant to paragraph 4 shall be valid until the end of the 1 . The Community tariff quota referred to in Article 1 quota period . shall be divided into two instalments .

2 . A first instalment of 15 000 tonnes shall be allocated Article 3 among the Member States; the shares which , subject to Article 5 , shall be valid until 31 December 1989 shall be as 1 . Once at least 80 % of the reserve of one of the tariff follows : quota , as defined in Article 2 ( 3 ), has been used up , the Commission shall inform the Member States thereof. (tonnes) Benelux 32 Denmark 3 Germany 32 2 . It shall also notify Member States in this case of the Greece 611 date from which drawings on the Community reserve must Spain 1 497 be made according to the following provisions : France 587 Ireland 2 If an importer presents in a Member State a declaration of Italy 1 565 entry into free circulation including a request for Portugal 10 626 preferential benefit for a product covered by this United Kingdom 45 Regulation , and if this declaration is accepted by the customs authorities , the Member State concerned shall draw, from the Community reserve, by means of 3 . The second instalment of 10 000 tonnes shall notification to the Commission , a quantity corresponding constitute the reserve . to these needs .

4 . If an importer indicates that he is about to import any The requests for drawing , with the indication of the date of of the products in question into a Member State which does acceptance of the said declarations , must be communicated not participate in the initial allocation or which has to the Commission without delay .

31 . 12 . 88 Official Journal of the European Communities No L 368 / 11

The drawings are granted by the Commission on the basis Article 5 of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member 1 . The Member States shall take all measures necessary to State concerned , to the extent that the available balance so ensure that drawings of shares pursuant to Article 2 (4) and permits . Article 3 are carried out in such a way that imports may be charged without interruption against their accumulated shares in the Community tariff quotas . If a Member State does not use the quantities drawn , it shall return them as soon as possible to the reserve.

2 . The Member States shall ensure that importers of the If the quantities requested are greater than the available products in question have free access to the shares allocated balance of the reserve, allocation shall be made on a pro to them . rata basis with respect to the requests. Member States shall be informed by the Commission in accordance with the same procedures . 3 . The Member States shall charge imports of the products against their shares as and when they are entered with the customs authorities for free circulation . 3 . Within a time limit fixed by the Commission as from the date referred to in the first subparagraph of paragraph 2 , Member States shall be required to return to the' reserve 4 . The extent to which a Member State has used up its all the quantities which have not been used on that date, share shall be determined on the basis of imports charged within the meaning of Article 5 ( 3) and ( 4 ). in accordance with paragraph 3 .

Article 6 Article 4 At the request of the Commission , the Member States shall The Commission shall keep an account of the shares inform it of imports of the products concerned actually opened by the Member States pursuant to Articles 2 and 3 charged against their shares. and shall , as soon as it has been notified , inform each State of the extent to which the reserve has been used up .

Article 7 It shall inform the Member States , of the amounts still in The Member States and the Commission shall cooperate reserve after amounts have been returned thereto pursuant to Article 3 . closely in order to ensure that this Regulation is complied with .

It shall ensure that the drawing which uses up the reserve does not exceed the balance available , and to this end shall Article 8 notify the amount of that balance to the Member State making the last drawing. 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