ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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COM (86) 4 41 
 
 
 
Vol. 1986/0191 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION O F  TH E EUROPEAN COMMUNITIES
COM(86) 441 final 
Brussels, 11 September 1986
Draft
COUNCIL REGULATION
opening, allocating and providing for the administration of Community 
tariff quotas for sardines, Tunny and mackerels, prepared or 
preserved falling within heading No ex 16.04 of the 
Common Customs Tariff from Portugal (1987)
(submitted to the Council by the Commission)
C0MC86) 441 final

E x p la n a t o r y  memorandum
1 . A r t i c l e  3 6 2  o f  t h e  A c t  c o n c e r n in g  t h e  c o n d i t i o n s  o f  a c c e s s i o n  o f
t h e  K ingdom  o f  S p a in  a n d  t h e  P o r t u g u e s e  r e p u b l i c  a n d  t h e  
a d j u s t m e n t s  t o  t h e  T r e a t i e s  p r o v i d e s  t h a t  t h e  f o l l o w i n g  p r o d u c t s  
fr o m  P o r t u g a l c a n  b e  im p o r te d  a n n u a l l y  d u t y f r e e  i n t o  t h e  
C om m unity o f  T e n .
No o f  t h e  Common D e s c r i p t i o n  Q u a n t it y
C u sto m s T a r i f f  in  t o n n e s
1 6 . 0 4  P r e p a r e d  o r  p r e s e r v e d  f i s h ,  i n c l u d i n g
c a v i a r  a n d  c a v i a r  s u b s t i t u e s  :
D. S a r d in e s
E . T unny
e x  F . B o n it o  (S a r d a  s p p . ) ,  m a c k e r e l :  
a n d  a n c h o v is
-  M a c k e r e l 1 0 0 0
T h e r e f o r e ,  t h e s e  t a r i f f  q u o t a s  s h o u ld  b e  o p e n e d  f o r  1 9 8 7 .
2 . T h e p r o p o s a l  f o r  a  r e g u l a t i o n  o p e n in g  t h e s e  t a r i f f  q u o t a s
p r o v i d e s  -  a s  i s  c u s t o m a r y  -  f o r  t h e  d i v i s i o n  o f  e a c h  o f  t h e  
q u o t a  v o lu m e s  i n t o  tw o  i n s t a l m e n t s ,  t h e  f i r s t  b e i n g  a l l o c a t e d  
am ong t h e  Member S t a t e s  a s  q u o t a  s h a r e s ,  t h e  s e c o n d  b e i n g  h e l d  a s  
a  r e s e r v e .
T h e a l l o c a t i o n  o f  t h e  v o lu m e s  o f  t h e  f i r s t  i n s t a l m e n t  o f  e a c h  
q u o t a  s h o u ld  b e  b a s e d  o n  t h e  r u l e s  g e n e r a l l y  a p p l i e d .  T h e s e  
i n v o l v e  c a l c u l a t i n g  e a c h  Member S t a t e ' s  t o t a l  i n p o r t s  o v e r  t h e  
l a s t  t h r e e  y e a r s  a s  a  p r o p o r t io n  o f  t o t a l  C om m unity im p o r t s  
d u r in g  t h e  sa m e p e r i o d  a n d  a p p l y i n g  f o r  e a c h  Member S t a t e ,  t h e  
p e r c e n t a g e  t h u s  o b t a i n e d  t o  t h e  v o lu m e  o f  t h e  f i r s t  i n s t a l m e n t .
4
In  t h i s  p r o c e s s  a c c o u n t  w a s a l s o  t a k e n  o f  t h e  f a c t  t h a t  c e r t a i n  
m em ber S t a t e s  e f f e c t e d  n o  o r  o n l y  o c c a s i o n a l  i n p o r t s  d u r in g  t h e s e  
y e a r s .  In  v ie w  o f  t h e  n e c e s s i t y  o f  a l l o c a t i n g  t h e  q u o t a  v o lu m e s  
i n  an  e q u i t a b l e  m an n er t h e s e  Member S t a t e s  w e r e  g r a n t e d  s m a l l  
p e r c e n t a g e s  r e p r e s e n t i n g  c o m m e r c ia lly  e x p l o i t a b l e  s h a r e s .
3 . A s r e g a r d s  t h e  m e th o d  o f  a d m i n i s t r a t i o n  t o  b e  a p p l i e d  b y  a l l  t h e
Member S t a t e s ,  t h e  C o m m issio n  p r o p o s e s  t h e  " G reyh ou n d  s y s t e m " .
4 .  S u c h  i s  t h e  p u r p o s e  o f  t h e  a p p e n d e d  p r o p o s a l .5 0 0 0  
1 000

COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration of Community tariff  
quotas for certain prepared or preserved fish, falling within heading No ex 16.04  
of the Common Customs Tariff, from Portugal (1 9 8 7 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,1983 19841985
Sardines
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 28 
thereof,
Having regard to the draft Regulation submitted by the 
Commission,Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom7,4 6,7
1,6 2,1
28,3 23,1
0,2 0,1
21,4 17,0
0,2 0,1
5,1 4,5
35,8 46,46.4
2.6
28.1
19.0
0.3
7.1
36.5
Tunny
Whereas Article 362 of the Act of Accession provides that 
during the period of progressive elimination of customs 
duties between the Community of Ten and Portugal 
prepared or preserved sardines, prepared or preserved 
tunny, prepared or preserved mackerel, falling within 
headings No 16.04 D, E and ex F of the Common 
Customs Tariff from Portugal can be imported duty-free 
into the Community of Ten within the limits of annual 
Community tariff quotas of 5 000 tonnes, 1  000 tonnes 
and 1  000 tonnes respectively ; whereas these quotas 
should be opened for 1  9 8 7 .
Whereas it is in particular necessary to ensure for all 
importers of the Community of Ten equal and uninter­
rupted access to the abovementioned quotas and uninter­
rupted application of the rates laid down for these quotas 
to all imports of the products concerned into all these 
Member States until the quotas have been used u p ; 
whereas having regard to the above principles, the 
Community nature of the quotas can be respected by allo­
cating the Community tariff quotas among these Member 
States; whereas, in order to reflect as accurately as 
possible the true trend of the market in the products 
concerned, such allocation should be in proportion to the 
requirements of the Member States, assessed by reference 
to the statistics of each State’s imports from Portugal over 
a representative reference period and also to the economic 
outlook for the quota period concerned ;
Whereas, during the last three years for which statistics 
are available, the corresponding imports of each Member 
State represent the following percentages of imports into 
the Community from Portugal of the product in question.Benelux
Denmark — —
Germany — 1 ,1
Greece — —
France 2,9 7,2
Ireland ——
Italy 97,1 91,7
United Kingdom— —
Mackerel0.7
2.1
2.1
35.1
Benelux 10,3 7,45.7
Denmark — — -
Germany — — -
Greece — —
France— 0,3■ *
Ireland ____ ____ -
It
aly 89,7 90,094.3
United Kingdom — 2,3 —
Whereas both these percentages and the estimates from 
certain Member States should be taken into account as 
well as the need to ensure that, in the circumstances the 
obligations provided for in the Act of Accession are allo­
cated fairly among the Member States; whereas the 
approximate percentages of the initial quotas shares may 
therefore be fixed as follows :
Sardines Tunny M ackerel
Benelux 7,1 1,0 10,0
Denmark 1,9 1,0 1,0
Germany 31,1 3,0 1,0
Greece 0,2 5 ,0 1,0
France 15,0 10,0 1,0
Ireland 0,3 1,0 1,0
Italy 4,8 7 7 ,0 84,0
United Kingdom 39,6 1,0 1,0

-  2 -
Whereas, in order to take into account import trends for 
the products concerned in the various Member States, 
each of the quota amounts should be divided into two 
instalments, the first instalment being allocated among 
the Member States which have used up their initial quota 
shares; whereas, in order to give importers in each 
Member State a certain degree of security, the first instal­
ment of the Community quotas should, under the present 
circumstances, be fixed at around 80 % of each of the 
quota amounts ;
Whereas the initial quota shares of the Member States 
may be used up at different times ; whereas, in order to 
take this fact into account and avoid any break in conti­
nuity, any Member State which has almost used up its 
initial quota share should draw an additional quota share 
from the corresponding reserve ; whereas this must be 
done by each Member State as and when each of its addi­
tional shares is almost used up and repeated as many 
times as the reserve allows ; whereas, the initial and addi­
tional quota shares must be valid until the end of the 
quota period; whereas this method of administration 
requires close cooperation between Member States and 
the Commission and the latter must, in particular, be in a 
position to monitor the extent to which the quota 
volumes have been used up and to. inform the Member 
States thereof ;
Whereas if, at a given date in the quota period, a substan­
tial quantity of one of the initial shares remains unused in 
one or other Member State it is essential that that 
Member State should return a significant proportion to 
the reserve to prevent a part of any Community 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 operations relating to the adminis­
tration of the quota shares allocated to that economic 
union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION :

-· 3 - !
Article 1
From 1 January to 31 December 1987, the applicable customs duties on 
importations into the Community of Ten for the following products shall 
be suspended at the levels and within the limits of the Community 
tariff quotas as shown herewith :
Ì Order No
!
iCommon
Customs
HeadingDescription Quota 
volume 
in tonnesQuota
duty
09.0501
09.0502
09.050316.04 D
16.04 E
ex 16.04 FSardines, coming 
from Portugal
Tunny, coming from 
Portugal
Mackerel, coming 
from Portugal5 000
1  000
1  000free
free
free
Article 2
1. Each of the tariff quotas referred to in Article 1  shall 
be divided into two instalments.
2. (a) The first instalment of each quota shall be allocated
among the Member States ; the respective shares, 
which, subject to Article 5, shall be valid until 31 
December 1986, shall be as follows :
(in tonnes)
M ember StatesPrepared or preserved
Sardines Tunny M ackerel
Benelux 284 8 80
Denmark 76 8 ,  8
Germany !  244 24 8
Greece 840 8
France 600 80 .8
Ireland 12 8 8
Italy 192624 672
United Kingdom 1  584 8 8
Total 4 000 800 800(b) The second instalment of each quota, namely 
1  000, 200 and 200 tonnes respectively, shall 
constitute the corresponding reserve.
Article 3
1. If 90 % or more of one of the Member State’s initial 
shares as specified in Article 2 (2) or of that share minus 
the portion returned to the reserve, where Article 5 is 
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, to the extent permitted by 
the amount of the reserve, that Member State 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 the reserve 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 these 
might not be used up. It shall inform the Commission of 
its reasons for applying this paragraph.
Article 4
Each of the additional shares drawn pursuant to Article 3 
shall be valid until 31 December 198 7 .
Article 5
The Member States shall return to the reserve, not later 
than 1  October 198 7 the unused portion of their initial 
share which, on 15 September 198 7 is in excess of 20 % 
of the initial volume. They may return a larger quantity if 
there are grounds for believing that it might not be used.
The Member States shall, not later than 1  October 1987 
notify the Commission of the total quantities of the 
products concerned imported up to 15 September· 1987 
and charged against the Community quotas and of any 
quantities of the initial shares returned to each reserve.
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 it is notified, 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 198 '7of the amount in the reserve after quantities 
have been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the 
reserve does not exceed the balance available and, to this
This Regulation shall be binding in its 
States.end, notify the amount of the balance to the Member 
State making the last drawing.
Article 7
1. The Member States shall take all measures 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 quotas.
2. The Member States shall ensure that importers of 
the products in question have free access to the shares 
allocated to them.
3. The Member States shall charge the importers of the ■ 
products concerned against their shares as and when the 
products are entered with 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 
originating in Portugal, entered with customs authorities 
for free circulation.
Article 8
At the Commission’s request 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.
and directly applicable in all Member
Done at Brussels,
For the Council  
The President