No L 377 / 4 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4043 / 86
of 22 December 1986
opening, allocating and providing for the administration of Community tariff quotas for
cod, dried , salted or in brine, falling within subheading 03.02 A I b) of the Common
Customs Tariff and originating in Norway ( 1987)
Whereas equal and continuous access to the quotas should
be ensured for all importers and the rates for the said
quotas should be applied without interruption to all
imports until the quotas are used up ; whereas , in the light
of the principles outlined above, a Community tariff quota
system based on an allocation between the Member States
would seem to preserve the Community nature of the
quotas ; whereas , to reflect as closely as possible the actual
development of the market in the products in question, the
allocation should be in proportion to 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
quota year in question;
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community ,
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 aforementioned agreement provides in
particular for the opening, on a date to be arranged by
common accord , of Community tariff quotas at a reduced
rate of duty or duty-free for cod originating in Norway;
whereas , therefore , the tariff quotas in question should be
opened in 1987 for the period upon which it was agreed ,
namely 1 April to 31 December 1987;
Whereas , during the last three years for which statistics are
available , imports from Norway into each of the Member
States have developed as follows :
(in tonnes)
I ex 03.02 A I b )(NIMEXE code 03.02-11 ) ex 03.02 A 1 b )(NIMEXE code 03.02-12) ex 03.02 A I b )(NIMEXE code 03.02-13 )
I average1983—1984 1985 1983 1984 1985 1983 1984 1985 *
Benelux 89 80 469 441 372 0 1 2
Denmark 2 0 2 5 3 761 319 3
Germany 59 49 628 543 473 1 2 0
Greece 44 26 508 223 417 231 148 336
Spain 0 0 0 0 0 819 858 430
France 47 36 3 551 3 816 3 573 1 498 1 044 666
Ireland 0 0 0 0 0 0 0 0
Italy 4 087 4 457 4 632 5 280 4 231 2 415 1 808 2 159
Portugal 0 0 6 240 13 230 6 217 5 034 5 143 4 235
United Kingdom 20 35 5 2 6 0 16 0
I 4 348 4 683 16 035 23 540 15 292 10 759 9 339 7 831
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 quotas 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;
31 . 12 . 86 Official Journal of the European Communities No L 377 / 5
Whereas in taking into account these factors , initial
percentage shares in the quota volumes can be set
approximately as follows :
(in tonnes)
ex 03.02
A I b)
(NIMEXE
code
03.02-11 )
ex 03.02
Alb)
(NIMEXE
code
03.02-12)
ex 03.02
A I b)
(NIMEXE
code
03.02-13 )
Benelux 2,05 2,34 0,01 ,
Denmark 0,05 0,02 3,88
Germany 1,36 3,00 0,01
Greece 1,01 2,09 2,56
Spain — — 7,54
France 1,08 19,94 11,49
Ireland — — —
Italy 93,99 25,78 22,85
Portugal — 46,81 51,60
United Kingdom 0,46 0,02 0,06
should draw an additional share from the corresponding
reserve ; whereas this must be done by each Member State
as and when each of its additional shares is almost used up ,
and repeated as many times as the reserve allows; whereas
the initial and additional shares must be valid until the end
of the quota period; whereas this method of administration
requires close cooperation between the Member States and
the Commission and the latter must be in a position to
monitor the extent to which the quota amounts have been
used up and to inform Member States thereof;
Whereas , if at a given date in the quota period, a
substantial quantity remains unused in any Member State ,
it is essential that that Member State should return a
significant proportion to the corresponding reserve to
prevent a part of any Community tariff quota from
remaining unused in one Member State when 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 operation relating to the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
HAS ADOPTED THIS REGULATION:
Whereas , in order to take into account import trends for
the products concerned in the various Member States , each
quota should be divided into two instalments , the first
being shared among certain Member States and the second
constituting a reserve to cover the subsequent requirements
of these Member States where they have used up their
initial shares and any additional requirements which might
arise in the other Member States ; whereas , in order to give
importers in each Member State a certain degree of
security , it is appropriate to fix the first instalment of the
Community quotas at a level which , in the circumstances ,
could be about 85 % respectively of each of the quota
volumes ;
Whereas , the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota shares
Article 1
1 . From 1 April to 31 December 1987 the Common
Customs Tariff duties on the following products ,
originating in Norway , shall be suspended at the level and
within the limits of the Community tariff quotas shown
herewith :
Order
No
CCT
heading
No
Description
Quota
volume
( tonnes )
Rate of
duty
(% )
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
I. Whole , headless or in pieces :
ex b ) Cod (Gadus morhua, Boreogadus saida,
Gadus ogac)
09.0703 — Dried and salted 13 250 0
09.0705 — Wet , salted or in brine 10 000 0
09.0707 — Dried and unsalted 3 900 0
Within the limits of these tariff quotas , the Kingdom of
Spain and the Portuguese Republic shall apply duties of
5,1 % and 0 % respectively .
2 . Imports of the products in question shall not benefit
from the quotas referred to in paragraph 1 unless the
free-at-frontier price , which is determined by the Member
No L 377 / 6 Official Journal of the European Communities 31 . 12 . 86
States according to Article 21 of Regulation (EEC) No
3796 / 81 , is at least equal to the reference price if such a
price has been fixed by the Community for the products or
the 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 quotas laid down in Article 1 ( 1 ) shall be
divided into two instalments .
5 has been applied, has been used up , then to the extent
permitted by the amount of the reserve , that Member State
shall forthwith , by notifying the Commission, draw a
second share equal to 10 % of its initial share , rounded up
where necessary to the next unit .
2 . If, after one of its initial shares has been used up , 90 %
or more of the second share drawn by a Member State has
been used up , then that Member States shall , in accordance
with the conditions laid down in paragraph 1 , draw a third
share equal to 5 % of its initial share , rounded up where
necessary to the next unit .
3 . If, after one of its second shares has been used up ,
90 % or more of the third share drawn by a Member State
has been used up , that Member State shall , in accordance
with the conditions laid down in paragraph 1 , draw a
fourth share equal to the third .
This process shall continue until each of the reserves is used
up .
4 . By way of derogation from paragraphs 1,2 , and 3 , a
Member State may draw shares smaller than those fixed in
those paragraphs if there is reason to believe that they
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .
2 . A first instalment of each quota shall be allocated
among certain Member States ; the shares which , subject to
Article 5 , shall be valid until 31 December 1987 , shall be as
follows :
(in tones)
ex 03.02
Alb)
(NIMEXE
code
03.02-11 )
ex 03.02
Alb)
(NIMEXE
code
03.02-12)
ex 03.02
A I b)
(NIMEXE
code
03.02-13 )
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
68
2
45
33
36
3 101
15
263
2
338
235
2 243
2 900
5 266
3
1
330
1
218
641
977
1 942
4 385
5
I 3 300 11 250 8 500
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
Article 5
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial
share as , on 15 September 1987 , is in excess of 20 % of the
initial volume. They may return a larger quantity if there
are grounds for believing that this quantity may not be
used .
3 . The second instalment of each quota , being
respectively 600 , 2 000 and 1 500 tonnes , shall constitute
the corresponding reserve .
4 . If an importer notifies the imminent import of the
products in question into a Member State that does not
participate in the initial allocation and if such importer
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 .
The Member States shall notify the Commission , not later
that 1 October 1987 , of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
Article 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2), or 90 % of that share minus the
portion returned to the corresponding reserve where Article
Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
31 . 12 . 86 Official Journal of the European Communities No L 377 / 7
and, as soon as it is notified , shall inform each State of the
extent to which the reserves have been used up .
It shall inform the Member States , not later than 5 October
1987 , of the amount in each reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts any 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.
3 . Member States shall charge imports of the products in
question against their shares as and when the products are
entered with the customs authorities for free circulation .
4 . The extent to which a Member State has used up its
shares shall be determined on the basis of the imports of
the products concerned originating in Norway and entered
with customs authorities for free circulation .
Article 8
At the Commission's request , the Member States shall
inform it of imports of the products concerned 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 April 1987 .
Article 7
1 . The Member States shall take every measure necessary
to ensure that additional shares drawn pursuant to Article
3 are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
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