31 , 12 . 86No L 375 / 16 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4022 / 86
of 16 December 1986
opening, allocating and providing for the administration of a Community tariff quota for fillets
of cod , originating in Norway , falling within subheading 03.02 A II a ) of the Common
Customs Tariff ( 1987)
Whereas , during the years under consideration , the products
in question were imported only by certain Member States and
not at all by the other Member States ; whereas , under these
circumstances , initial shares should be allocated to the
importing Member States and the other Member States
should be guaranteed access to the benefit of the tariff quota
upon imports into those States of the products concerned
being notified ; whereas these arrangements for allocation
will equally ensure the uniform application of the Common
Customs Tariff;
Whereas , taking account of these factors , the initial
percentage shares in the quota volume can be set
approximately as follows :
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
Having regard to the Act of Accession of Spain and
Portugal ,
Having regard to the proposal from the Commission ,
Whereas an Agreement between the European Economic
Community and the Kingdom of Norway was concluded on
14 May 1973 ;
Whereas the aforesaid agreement in particular provides for
the opening of a Community tariff quota at zero duty for
fillets of cod originating in Norway ; whereas therefore the
tariff quota in question should be opened for the period
1 January to 31 December 1987 ;
Whereas equal and continuous access to the quota should be
ensured for all importers and the rate of levy for the tariff
quota should be applied consistently to all imports until the
quota is used up ; whereas , in the light of the principles
outlined above , a Community tariff arrangement based on an
allocation between the Member States would seem to
preserve the Community nature of the quota ; whereas , to
represent as closely as possible the actual development of the
market in the said products , the allocation should follow
proportionately the requirements of the Member States
calculated both from statistics of imports from Norway
during a representative reference period and according to the
economic outlook for the tariff year in question ;
Whereas , during the last three years for which statistics are
available , imports , in tonnes , into each of the Member States
were as follows :
(in tonnes)
Denmark
Germany
Greece
Spain
France
Italy
0,77
0,12
0,09
0,44
0,77
97,81 ;
Whereas , to take account of the possible import trends for
these products , the quota volume should be divided into two
instalments , the first being allocated between the Member
States and the second held as a reserve to cover any
subsequent requirements of Member States which have used
up their initial share ; whereas , to afford importers some
degree of certainty , the first instalment of the tariff quota
should be fixed at a high level , which in this case could be
80% of the amount of the quota ;
Whereas initial shares may be used up at different rates ;
whereas , to avoid disruption of supplies on this account , it
should be provided that any Member State which has almost
used up its initial share should draw an additional share from
the reserve ; whereas , each time its additional share is almost
used up , a Member State should draw a further share and so
on as many times as the reserve allows ; whereas the initial
and additional shares should be valid until the end of the
quota period ; whereas this form of administration requires
close collaboration between the Member States and the
Commission and the Commission must be in a position to
keep account of the extent to which the quotas have been
used up and to inform the Member States accordingly ;
1983 1984 1 1985
Benelux 0 0 0
Denmark 12 72 10
Germany 15 0 0
Greece 0 0 11
Spain 17 37 0
France 29 58 8
Ireland 0 0 0
Italy 4 751 4 589 2 691
Portugal 0 0 0
United Kingdom 0 0 0
4 824 4 756 2 720
Whereas , if at a given date in the quota period a considerable
quantity of a Member State's initial share remains unused , it
is essential that such a Member State should return a
significant proportion thereof to the reserve , in order to
prevent a part of the Community tariff quota from remaining
No L 375 / 1731 . 12 . 86 Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :unused in one Member State while it could be used in
others ;
#
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 measure concerning the administration of the
shares allocated to that economic union may be carried out
by any one of its members ,
Article 1
1 . From 1 January to 31 December 1987 the Common
Customs Tariff duty on the following products originating in
Norway shall be suspended at the level and within the limit of
the Community tariff quota shown herewith :
Order
No
CCT
heading
No
Description
Quota
volume
in tonnes
Rate
of duty
( % )
09.0709 03.02 Fish , dried , salted or in brine ; smoked fish , whether or
not cooked before or during the smoking process :
A. Dried , salted or in brine
II . Fillets :
a ) of cod (Gadus morhua, Boreogadus saida,
Gadus ogac) 3 000 0
3 . The second instalment of the quota , being 600 tonnes ,
shall constitute the reserve .
4 . If an importer notifies the imminent import of the
products in question into a Member State which does not
participate in the initial allocation and requests the benefit of
the quota , the Member State concerned shall inform the
Commission and draw an amount corresponding to these
requirements to the extent that the available balance of the
reserve so permits .
Within the limits of this tariff quota , the Kingdom of Spain
and the Portuguese Republic shall aplly duties of 5,1 % and
0% respectively .
2 . Imports of the products in question shall not benefit
from the tariff quota referred to in paragraph 1 unless the
free-at-frontier-price , which is determined by the Member
States according to Article 21 of Regulation {EEC) No
3796 / 81 (*) as last amended by Regulation (EEC ) No
2315 / 86 ( 2 ) is at least equal to the reference price if such a
price has been fixed by the Community for the product or
categories of products under consideration .
3 . The Protocol on the definition of the concept of
originating products and on methods of administrative
cooperation , annexed to the Agreement between the
European Economic Community and the Kingdom of
Norway , shall be applicable .
Article 2
1 . The tariff quota laid down in Article 1 ( 1 ) shall be
divided into two instalments .
2 . A first instalment of this quota shall be allocated
among certain Member States . The respective shares which ,
subject to Article 5 , shall be valid until 31 December 1987 ,
shall be as follows :
Article 3
1 . If a Member State has used 90 % or more of its initial
share as fixed in Article 2 ( 2 ), or of that share minus any
proportion returned to the reserve pursuant to Article 5 , it
shall forthwith , by notifying the Commission , draw a second
share , to the extent that the reserve so permits , equal to 10 %
of its initial share , rounded up as necessary to the next whole
number .
2 . If a Member State , after exhausting its initial share , has
used 90% or more of the second share drawn by it , that
Member State shall forthwith , in the manner and to the
extent provided in paragraph 1 , jdraw a third share equal to
5 % of its initial share , rounded up as necessary to the whole
number .
3 . If a Member State , after exhausting its second share ,
has used 90% or more of the third share drawn by it, that
Member State shall , in the manner and to the extent provided
in paragraph 1 , draw a fourth share equal to the third .
(in tonnes)
18
3
2
11
18
2 348
Denmark
Germany
Greece
Spain
France
Italy
(M OJ No L 379 , 31 . 12 . 1981 , p . 1 .
( 2 ) OJ No L 202 , 25 . 7 . 1986 , p . 1 . This process shall apply until the reserve is used up .
No L 375 / 18 Official Journal of the European Communities 31 . 12 . 86
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares lower than those specified in
those paragraphs if there are grounds for believing that those
specified may not be used in full . Any Member State applying
this paragraph shall inform the Commission of its grounds
for so doing .
Article 4
Additional shares drawn pursuant to Article 3 shall be valid
until 31 December 1987 .
notify the amount of that balance to the Member State
making the last drawing .
Article 7
1 . The Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to Article 3
are opened in such a way that importations may be charged
without interruption against their accumulated shares of the
Community quota .
2 . The Member State shall ensure that importers of the
product in question have free access to the shares allocated to
them .
3 . The Member States shall charge imports of the product
in question against their shares as and when the product is
entered with the customs authorities for free circulation .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports charged
in accordance with paragraph 3 .
Article 5
Member States shall , not later than 1 October 1987 , return
to the reserve the unused portion of their initial share which ,
on 15 September 1987 is in excess of 20% of the initial
volume . They may return a greater portion if there are
grounds for believing that it may not be used in full .
Member States shall , not later than 1 October 1987 , notify
the Commission of the total quantities of the product in
question imported up to and including 15 September 1987
and charged against the Community quota and of any
portion of their initial shares returned to the reserve . Article 8
At the request of the Commission , the Member State shall
inform it of imports actually charged against their shares .
Article 9
Member States and the Commission shall cooperate closely
to ensure that this Regulation is complied with .
Article 6
The Commission shall keep an account of the shares opened
by the Member States pursuant to Articles 2 and 3 and shall ,
as soon as the information reaches it , inform each State of the
extent to which the reserve has been used up .
It shall , not later than 5 October 1987 , inform the Member
States of the amount still in reserve , following any return of
shares pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall
Article 10
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 16 December 1986 .
For the Council
The President
G. HOWE
Full & Egal Universal Law Academy