31.12.88 Official Journal of the European Communities No L 373/11 COUNCIL REGULATION (EEC) No 4239/88 of 21 December 1988 repealing and replacing Regulation (EEC) No 3590/ 88 opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved fish, originating in Norway (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, (tonnes) - . Member States 1985 1986 1987 Having regard to the Treaty establishing the European icezzggnxc Community, and in particular Article 113 Benelux 1 4 4 Denmark 7 2 7 Having regard to the Act “of Accession of Spain and Germany 22 3 21 Portugal, Greece 0 0 0 Spain 3 1 1 Having regard to the proposal from the Commission, France 1604 1354 1273 Ireland 0 0 0 Whereas an Agreement between the European Economic lt.a ly 106 309 0 Community and the Kingdom of Norway was concluded on Portugal 0 0 0 14 May 1973; whereas, following the accession of Spain and United Kingdom 354 161 124 Portugal to the Community, an Agreement in the form of an Exchange of Letters was concluded and approved by Council . 2107 1834 1430 Decision 86/557/EEC (1); Whereas the said Agreement provides in particular for the opening of a Community tariff quota at reduced rates of duty for certain prepared or preserved fishery products originating in Norway; whereas, therefore, the tariff quota in question should be opened for the period 1 January to 31 December 1989; Whereas the system of administering the tariff quota should be adjusted and therefore Regulation (EEC) No 3590/88 (2) should be repealed and replaced by this Regulation; Whereas equal and uninterrupted access to the quota should be ensured for all importers and the rate of levy for the tariff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 exhausted; whereas, in the light of the principles outlined above, a Community tariff arrangement based on an allocation between the Member States will preserve the Community nature of the quota; whereas, to match 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 with reference to statistics of imports from Norway during a representative reference period and to economic outlook for the relevant Whereas, during the years under consideration, the products in question were imported only by certain Member States and there were no such imports into 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 tariff quota upon imports into those States of the products concerned being notified; whereas these arrangements for allocation will also enable the uniform application of the Common Customs Tariff to be ensured; Whereas, for 1989, maintenance of the 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 for Community administration of the quota; Whereas in view of these factors, of market forecasts for the products in question and of the effective use of the quotas opened for 1986 to 1988, the initial percentage shares of the quota volume can be expressed approximately as follows: quota year; Benelux 0,40 Denmark 0,34 Germany 0,86 Whereas, in view of these factors, the initial percentage France 78,77 shares in the quota volume can be set approximately as Italy 7,73 follows: United Kingdom 11,90 (1) OJ No L 328, 22. 11. 1986, p. 76. (3) O] No L 314, 22. 11. 1988, p. 18. Whereas, to accommodate any changes in imports for these products, the quota volume should be divided into two