No C 200/2 Official  Journal  of the  European  Communities 26. 8. 76 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for  a Council  Regulation  supplementing  Regulation  (EEC)  No  100/76  with 
regard  to arrangements  for importing  prepared  and  preserved  sardines 
(Submitted  by  the Commission  to the Council  on 20 July  1976) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to the Treaty  establishing  the European 
Community,  and  in particular  Article  43 thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European 
Parliament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas,  pending  the implementation  of Community 
arrangements  for  the  importation  of,  inter  alia, 
prepared  and  preserved  sardines,  Article  18 (3) of 
Council  Regulation  (EEC)  No  100/76  of 19 January 
1976  on the  common  organization  of the  market  in 
fishery  products  ('), authorized  the Member  States  to 
retain  provisionally  the quantitative  restrictions  which 
they apply  to imports  of those  products; 
Whereas  all  quantitative  restrictions  can  now  be 
added  on  the  products  concerned  at the  external 
frontiers  of the Community; 
Whereas,  however,  it is necessary  to limit  the  risks 
which  may  result  from  the  abolition  of all quanti-
tative  restrictions;  whereas,  in order  to prevent 
disturbances  on the  Community  market  owing  to imports  at abnormally  low  prices,  import  arrange-
ments  providing  for  the  fixing  of minimum  prices 
should  be laid  down  for  the  products  concerned; 
whereas,  however,  such  arrangements  must  not  have 
a more  restrictive  effect  on trade  than  the  measures 
previously  applied; 
Whereas  it is also  necessary  to lay  down  in respect 
of those  products  which  are  particularly  sensitive,  a 
system  of import  licences  which  importers  will 
undertake  to observe;  whereas,  to ensure  the proper 
functioning  of the  system,  the  issue  of an import 
licence  should  be conditional  on the  provision  of a 
security  to guarantee  the  carrying  out  of the  under-
taking  to import  within  the  period  of validity  of the 
licence  and  an additional  security  should  be provided 
to guarantee  the  observance  of the  minimum  prices 
by the importer; 
Whereas  in order  to allow  the  Community  import 
system  mentioned  above  to become  operative  as soon 
as possible,  the  minimum  price  to apply  until 
30 June  1977  should  be fixed;  whereas,  to take 
account  of the  customs  duties  applied  by certain 
new Member  States  to imports  from  third  countries 
under  Article  59 of the  Act  of Accession,  a special 
minimum  price  should  be fixed  for  one  time  only 
until  30 June  1977, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
(*) OJ No L 20, 28. 1. 1976,  p. 1. Article  18 (3)  of Regulation  (EEC)  No  100/76  is 
hereby  amended  to read  as follows: 
26. 8. 76 Official  Journal  of the European  Communities No C 200/3 
'3. Until  such  time  as Community  arrangements 
for imports  of the  prepared  and  preserved  tunny 
referred  to in Annex  IV (C)  are  implemented, 
Member  States  may  retain  in respect  of those 
products  the  quantitative  restrictions  in relation 
to third  countries  applicable  when  this  Regulation 
enters  into  force.' 
Article  2 
The following  Articles  are  hereby  added  to Regu-
lation  (EEC)  No 100/76: 
'Article  20a 
1. Each  year,  a minimum  price  for imports  of 
the prepared  and  preserved  sardines  referred  to 
in Annex  IV (C)  shall  be fixed  before  1 July  for 
the following  marketing  year. 
2. The  minimum  price  shall  take  into  account: 
— the  average  cost  prices  for  the  Community 
product  during  the period  from  the beginning 
of the  two  years  immediately  preceding  the 
year in which  that  price  is fixed  until  the date 
of such  fixing, 
— the  free-at-frontier  prices  for  imports  during 
the period  from  the beginning  of the two  years 
immediately  preceding  the  year  in which  that 
price  is fixed  until  the  date  of such  fixing, 
excluding  import  prices  which  are  excessively 
low or excessively  high  in relation  to normal 
fluctuations;  the  duties  applicable  under  the 
Common  Customs  Tariff  shall  be added  to 
these  prices, 
— the  prices  for  the  products  concerned  on the 
main  world  markets, 
— the  need  to prevent  the  application  of the 
minimum  price  from  having  a more  restrictive 
effect  on trade  than  the  measures  previously 
applied  by the Member  States, 
— the  need  to ensure  that  the application  of the 
minimum  prices  contributes  to the harmonious 
and normal  development  of competition  with 
third  countries. 
3. The  Council,  acting  by a qualified  majority 
on a proposal  from  the Commission,  shall  fix the 
minimum  price  for a product  with  given  commer-
cial specifications  according  to variety,  compo-
sition,  preparation,  packaging  and  size  and  the date 
of the entry  into  force  of the minimum  price. 4. The  conversion  factors  to be applied  to such 
price  to take  into  account  any  differences  in the 
variety,  quality,  composition,  preparation,  pack-
aging  or size  from  those  for  which  it was  fixed 
shall  be adopted  in accordance  with  the procedure 
laid down  in Article  32. 
5. In  so far as is necessary,  detailed  rules  for 
the application  of this  Article  shall  be adopted,  in 
accordance  with  the  procedure  laid  down  in 
Article  32. 
Article  20b 
1. All  imports  into  the Community  of prepared 
and preserved  sardines  shall  be conditional  on the 
presentation  of an import  licence  issued  by the 
Member  States  to any  applicant,  irrespective  of his 
place  of establishment  within  the Community.  Such 
licence  shall  be valid  for an operation  carried  out 
within  the Community. 
2. The  issue  of the  import  licence  shall  be 
conditional  on: 
— the provision  of a security  guaranteeing  the 
carrying  out  of the  undertaking  to import 
within  the  period  of validity  of the  licence; 
save in case  of force  majeure,  this  security  shall 
be forfeited,  in whole  or in part,  if the impor-
tation  is not effected  within  the said  period  or, 
is only  effected  in part, 
— the  provision  of an additional  security  guaran-
teeing  that  the  free-at-frontier  prices,  plus  the 
customs  duties,  for the products  to be imported 
under  the licence  will  not be less  than  the mini-
mum  prices.  This  security  shall  be forfeit  in 
respect  of quantities  imported  at a price  lower 
than the  minimum  price;  however,  this  addi' 
tional  security  shall  not be required  in the case 
of products  originating  in third  countries  which 
undertake  to guarantee,  and  are in a position  to 
ensure,  that  the price  applied  will  not be lower 
than the minimum  price  and  that  any  deflection 
of trade  will  be prevented. 
3. The  period  of validity  of the  licences  and 
the other  detailed  rules  for applying  this  Article, 
which  may  in particular  lay down  a time  limit  for 
the issue  of the licences,  shall  be adopted  in accord-
ance  with  the procedure  laid  down  in Article  32.' 
Article  3 
1. The  minimum  price  referred  to in Article  20a 
of Regulation  (EEC)  No 100/76  which  shall  be valid 
No C 200/4 Official  Journal  of the  European  Communities 26. 8. 76 
until  30 June  1977  and  the product  to which  it relates 
are specified  in Annex  I hereto. 
2. A  special  minimum  price  for  imports  of 
prepared  and  preserved  sardines  into  Denmark  and 
the United  Kingdom  and  the  product  to which  it 
relates  are specified  in Annex  II hereto. 
The said  price  shall  be valid  until  30 June  1977. 
Articles  20a  (4)  and  (5)  and  20b  of the  said 
Regulation  shall  apply  to the imports  referred  to in 
the first  subparagraph. Article  4 
This  Regulation  shall  enter  into  force  on the  day 
of its publication  in the  Official  Journal  of the 
European  Communities. 
The arrangements  provided  for  in this  Regulation 
shall  apply  with  effect  from  the  first  day  of the 
second  month  following  that  of the said  publication. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
ANNEX  1 
Size Net weight Semi-gross 
weight  less 
packaging Capacity Minimum  prices 
customs  duties  included 
u.a. per  carton  of 100  tins 
Trade 
specification Total  height Ounces g g Cubic  cm Community  excluding 
Denmark  and  the United  Kingdom Trade 
specification Total  height 
in olive  oil 
V4 club 30 43/« 125 190 125 18-50 
ANNEX  11 
Size Net weight Semi-gross 
weight  less 
packaging Capacity Minimum  prices 
customs  duties  included 
u.a. per  carton  of 100  tins 
Trade 
specification Total  height 
mm Ounces g g Cubic  cm Denmark  and  the United  Kingdom 
Trade 
specification Total  height 
mm Ounces g g Cubic  cm 
in olive  oil 
iU club 30 43/s 125 190 125 17-76