31989R0530

2. 3 . 89 Official Journal of the European Communities No L 59 /7

COUNCIL REGULATION (EEC) No 530/89 of 27 February 1989 opening and providing for the administration of Community tariff quotas for cod and fish of the species Boreogadus saida, dried, salted or in brine, originating in Norway ( 1989)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the Member States until the quotas are exhausted ; whereas, it should not be allocated among the Member Having regard to the Treaty establishing the European States, without prejudice to the drawing against the quota Economic Community, and in particular Article 113 volumes of such quantities as they may need, under thereof, conditions and according to a procedure to be Having regard to the Act of Accession of Spain and determined ; whereas this method of administration Portugal, requires close cooperation between the Member States and the Commission and the latter must in particular be Having regard to the proposal from the Commission, able to monitor the rate at which the quotas are used and Whereas an Agreement between the European Economic inform the Member States accordingly ; Community and the Kingdom of Norway was concluded on 14 May 1973 ; whereas, consequent on the accession of Whereas since the Kingdom of Belgium, the Kingdom of the Kingdom of Spain and the Portuguese Republic to the Netherlands and the Grand Duchy of Luxembourg the Community, an Agreement in the form of Exchanges are united within and jointly represented by the Benelux of Letters was concluded and approved by Decision Economic Union, any operation concerning the adminis­ 86/557/EECC); tration of the quota shares allocated to that economic union may be carried out by any one of its members, Whereas, the latter Agreement provides for the opening, on a date to be fixed by common accord, of Community tariff quotas at reduced or zero duty for cod and fish of HAS ADOPTED THIS REGULATION : the species Boreogadus saida originating in Norway ; whereas the tariff quotas in question should therefore be Article 1 opened for the period agreed from 1 April to 31 December 1989 ; 1 . From 1 April to 31 December 1989, the customs Whereas equal and continuous access to the said quotas duties applicable to imports of the following products should be ensured for all Community importers and the originating in Norway shall be suspended at the levels rates laid down for the quotas should be applied consis­ indicated and within the limits of Community tariff tently to all imports of the products in question into all quotas as shown below :

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

0305 Fish, dried, salted or in brine ; smoked fish, whether or not cooked before or during the smoking process ; fish meal fit for human consumption : — Dried fish, whether or not salted but not smoked : 0305 51 — — Cod (Gadus morbua, Gadus ogac, Gadus macrocephalus) : 09.0707 ex 0305 51 10 — — — Dried, unsalted : — Excluding of cod of the species (Gadus macrocephalus 3 900 0 0305 59 — — Other : — — — Fish of the species Boreogadus saida : 0305 59 11 — — — — Dried, unsalted 0305 51 — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus): 09.0703 ex 0305 51 90 — — — Dried, salted : — Excluding cod of the species Gadus macrocephalus 0 13 250 0305 59 — — Other : — — — Fish of the species Boreogadus saida : 0305 59 19 — — — — Dried, salted — Fish, salted but not dried or smoked and fish in brine : 09.0705 ex 0305 62 00 — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) : — Excluding the species Gadus macrocephalus 10 000 0 0305 69 — — Other : 0305 69 10 — — — Fish of the species Boreogadus saida

(') OJ No L 328, 22. 11 . 1986, p. 76.

No L 59 /8 Official Journal of the European Communities 2. 3 . 89

Within the limits of the above tariff quotas the Kingdom the Member States concerned to the extent that the of Spain and the Portuguese Republic shall apply duties available balance so permits. of 3,4 and 0 % respectively. If a Member State does not use the quantities drawn, it shall return them as soon as possible to the corresponding 2. Where the Community has fixed a reference price quota amount. for the products or categories of products concerned, imports of those products shall benefit from the quotas If the quantities requested are greater than the available referred to in paragraph 1 only if the free-a-frontier price balance of the quota amount, allocation shall be made on determined by the Member States in accordance with a pro rata basis with respect to the requests. Member Article 21 of Regulation (EEC) No 3796/81 ('), as last States shall be informed thereof by the Commission. amended by Regulation (EEC) No 3468/88 (2), is at least equal to the reference price. Article 4 3. The Protocol concerning the definition of the 1 . Member States shall take all appropriate measures to concept of 'originating products' and methods of adminis­ ensure that their drawings pursuant to Article 3 enable trative cooperation annexed to the Agreement between imports to be charged without interruption against their the European Economic Community and the Kingdom of accumulated shares of the Community quota. Norway shall apply. 2. Each Member State shall ensure that importers of the products concerned have free access to the quotas for Article 2 such time as the residual balance of the quota volumes so permits. The tariff quota referred to in Article 1 shall be managed 3. Member States shall charge imports of the said by the Commission, which may take all appropriate products against their drawings as and when such administrative measures in order to ensure effective products are entered with the customs authorities for free administration thereof. circulation .

4. The extent to which the quotas have been used up Article 3 shall be determined on the basis of the imports charged in accordance with paragraph 3. If an importer presents in a Member State a declaration of entry into free circulation, including a request for benefit Article 5 under the preferential system for a product covered by this Regulation and if this request is accepted by the At the request of the Commission, Member States shall customs authorities, the Member States concerned shall inform it of imports actually charged against their quota inform the Commission and draw an amount corres­ shares. ponding to its requirements from the quota volume. Article 6 The drawing requests, with indication of the date of acceptance of the said declarations, must be transmitted The Member States and the Commission shall cooperate to the Commission without delay. closely to ensure that this Regulation is complied with.

The drawings shall be granted by the Commission by Article 7 reference to the date of acceptance of the declarations of entry into free circulation by the customs authorities of This Regulation shall enter into forcer on 1 April 1989 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 27 February 1989.

For the Council The President P. SOLBES

(') OJ No L 379, 31 . 12. 1981 , p. 1 . O OJ No L 305, 10 . 11 . 1988, p. 1 .