31 . 12 . 86 Official Journal of the European Communities No L 377 / 1
I
(Acts whose publication is obligatory)
COUNCIL REGULATION (EEC) No 4042/ 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota
for cod, dried, salted or in brine , whole , headless or in pieces , falling within subheading
03.02 A I b) of the Common Customs Tariff ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
1983 1984 1985
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
0,58
0,78
1,08
4,81
3,56
8,40
0
17,82
62,46
0,51
0,62
0,54
0,82
4,99
1,05
9,02
0
18,63
63,84
0,49
0,39
0,01
0,44
3,80
0,77
5,69
0
14,11
74,52
0,27
Having regard to the proposal from the Commission ,
Whereas the Community has undertaken to open an annual
duty free Community tariff quota for 25 000 tonnes of cod,
dried , salted or in brine , whole , headless or in pieces ,
falling within subheading 03.02 A I b ) of the Common
Customs Tariff; whereas , therefore , the tariff quota in
question should be opened on 1 January 1987 and
allocated among the Member States ;
Whereas , in view of these factors and of market forecasts
for this product for 1987 , the initial percentage shares in
the quota volume can be expressed approximately as
follows :
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
0,52 ,
0,41 ,
0,75 ,
4,46 ,
1,75 ,
7,50 ,
0,01 ,
16.59 ,
67.60 ,
0,41 .
Whereas equal and continuous access to the quota should
be ensured for all Community 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 goods , the
allocation should follow proportionately the requirements
of the Member States calculated both from statistics of
imports from third countries during a representative
reference period and according to the economic outlook for
the tariff year in question ; Whereas , to take account of the possible import trends for
these fish , 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 87 % of the amount of the quota ;
Whereas , during the last three years for which complete
statistics are available , the corresponding imports into each
of the Member States represented the following percentages
of total imports of the product in question coming from
third countries which do not benefit from a preferential
tariff measure having equivalent effect :
No L 377 / 2 Official Journal of the European Communities 31 . 12 . 86
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 ,
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 ;
Whereas , if at a given date in the quota period a
considerable quantity of a Member State's initial share
remains unused , it si essential that such State should return
a significant proportion thereof to the reserve , in order to
prevent a part of the Community tariff quota from
remaining unused in one Member State while it could be
used in others ;
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1987 , the Common
Customs Tariff duty on the following products shall be
suspended at the level and within the limit of a community
tariff quota as shown herewith :
Order
No
CCT heading
No Description
Amount of
tariff quota
( tonnes )
Rate of duty
(% )
09.0007 03.02 A I b ) Cod , dried , salted or in brine , whole , headless or in pieces ,
of the species 'Gadus morhua ', 'Boreogadus saida ' and
'Gadus ogac ' 25 000 0
Within the limit of this tariff quota , the Kingdom of Spain
and the Portuguese Republic shall apply customs duties
calculated in accordance with the relevant provisions laid
down by the Act of Accession of Spain and Portugal .
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
portion 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 .
Article 2
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments .
2 . A first instalment of 21 750 tonnes shall be allocated
among the Member States ; the shares which , subject to
Article 5 , shall be valid until December 1987 shall be as
follows :
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 , draw a third share equal to
5 % of its initial share , rounded up as necessary to the
whole number .
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
(tonnes)
113 ,
89 ,
163 ,
970 ,
381 ,
1 651 ,
3 ,
3 608 ,
14 703 ,
89 .
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 .
3 . The second instalment of 3 250 tonnes shall constitute
the reserve . This process shall apply until the reserve is used up .
31 . 12 . 86 Official Journal of the European Communities No L 377 / 3
4 . By way of derogation from paragraph 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 .
Article 5
Member States shall , not later than 1 November 1987 ,
return to the reserve the unused portion of their initial
share which , on 15 October 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 November 1987 ,
notify the Commission of the total quantities of the product
in question imported up to and including 15 October 1987
and charged against the Community quota and of any
portion of their initial shares returned to the reserve .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall
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 States 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 '8
At the request of the Commission, the Member States shall
inform it of imports actually charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
Article 10
This Regulation shall enter into force on 1 January 1987 .
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 November 1987 , inform the
Member States of the amount still in reserve , following any
return of shares pursuant to Article 5 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 22 December 1986 .
For the Council
The President
G. SHAW
Full & Egal Universal Law Academy