2. 8. 85 Official Journal of the European Communities No L 204/5 COUNCIL REGULATION (EEC) No 2195/85 of 25 July 1985 opening, allocating and providing for the administration of Community tariff quotas for certain fishery products, salted, falling within subheadings ex 03.02 A I b) and ex 03.02 A II a) of the Common Customs Tariff 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 proposal from the Commission, Whereas the Community has undertaken to open annual duty free Community tariff quotas for cod, whole or headless, salted, and fillets of cod, salted, falling within subheadings ex 03.02 A I b) and ex 03.02 A II a) of the Common Customs Tariff, and for 1985 within the limits of 4000 and 2 500 tonnes respectively ; whereas this undertaking was fulfilled in recent months through the total suspension of the Common Customs Tariff duty provided for by Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (') ; whereas however, this suspension ceases to be in force as from 1 July 1985 pursuant to Regula- tion (EEC) No 3655/84 (%) which amends the afore- mentioned Regulation ; whereas it is desirable to defer the opening of these tariff quotas to 1 September 1985 ; whereas the benefit of the first of these is provided for fish of the ‘Gadus morhua’ species; whereas, therefore, it is necessary to open on 1 September 1985, and for the remainder of the current year, the tariff quotas in question and to allocate them among the Member States ; Whereas, under Article 64 of the Act of Accession of 1979 the Hellenic Republic is required to apply in full the Common Customs Tariff duty in respect of the product in question since 1 January 1981 ; whereas, therefore, it is necessary to cover, in favour of the tariff quotas in question, the requirements of that Member State during the quota period ; 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 ; () OJ No L 379, 31. 12. 1981, p. 1. () OJ No L 340, 28. 12. 1984, p. 1. 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 product in question, the alloca- tion 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; Wheeas, however, the products in question are not as such separately specified in the statistical nomen- clatures ; whereas it has therefore not yet been possible to obtain sufficiently precise and representative figures ; whereas, therefore, figures should be based on statistics of imports from third countries which do not benefit from a tariff preference of cod and cod fillets whatever their species, presentation or method of preservation ; whereas, on this basis, the initial percen- tage shares in the quotas can thus be as follows : ex 03.02A1IDb)|ex 03.02A1la) Benelux 1,64 0,02 Denmark 1,69 0,08 Germany 2,89 0,09 Greece 16,73 1,02 France 29,02 4,15 Ireland 0,01 0,01 Italy - 46,47 94,62 United Kingdom 1,57 0,01 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 _give 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;