CELEX: 31985R3386
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3386/85 of 18 November 1985 opening, allocating and providing for the administration of Community tariff quotas for prepared or preserved sardines, falling within subheading 16.04 D of the Common Customs Tariff and originating in Morocco (1986)

6 . 12 . 85                                    Official Journal of the European Communities                               No L 327 / 1
                                                                       I
                                                   (Acts whose publication is obligatory)
                                              COUNCIL REGULATION ( EEC ) No 3386 / 85
                                                            of 18 November 1985
               opening, allocating and providing for the administration of Community tariff quotas for prepared
               or preserved sardines , falling within subheading 16.04 D of the Common Customs Tariff and
                                                        originating in Morocco ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Whereas it is in particular necessary to ensure for all
                                                                          Community importers equal and uninterrupted access to
                                                                          the abovementioned quotas and uninterrupted application
Having regard to the Treaty establishing the European                     of the rates laid down for these quotas to all imports of the
Economic Community , and in particular Article 113                        products concerned into all Member States until the quotas
thereof,                                                                  have been used up ; whereas , having regard to the principles
                                                                          mentioned above , the Community nature of the quotas can
Having regard to the proposal from the Commission ,                       be respected by allocating the Community tariff quotas
                                                                          among the Member States ; whereas , in order to reflect as
Whereas the Cooperation Agreement between the                             accurately as possible the true trend of the market in the
Community and Morocco (')> supplemented by Council                        products in question , such allocation should be in
Regulation ( EEC ) No 3511 / 81 of 3 December 1981 laying                 proportion to the requirements of the Member States,
down the arrangements applicable to trade between Greece
                                                                          calculated by reference to the statistics for imports from
and Morocco ( 2 ), provides that prepared and preserved                   Morocco over a representative reference period and also to
sardines , falling within subheading 16.04 D of the                       the economic outlook for the quota period in question ;
Common Customs Tariff and originating in Morocco , may
be imported into the Community free of duty ; whereas the
detailed arrangements must be fixed by an exchange of
letters between the Community and Morocco ; whereas ,
                                                                          Whereas , during the last three years for which statistics are
since this exchange of letters has not yet taken place , it is
advisable     to    renew      until      31 December     1986    the
                                                                          available, the corresponding imports into each of          the
Community arrangements which were applied in 1985 ;                       Member States represent the following percentages of       the
whereas it is advisable to open two Community tariff                      imports into the Community from Morocco of                 the
                                                                          products concerned :
quotas for importations into the Community of the
products in question , one duty-free tariff quota of
14 000 tonnes and the other of 6 000 tonnes at a rate of
duty of 10 % ; whereas these tariff quotas are to apply from                        Member States           1982      1983       1984
1 January 1986 until either the conclusion of the exchange
of letters provided for in Article 19 of the Cooperation                  Benelux                          10,27      7,27        4,30
Agreement between the Community and Morocco or until                      Denmark                           0,35      0,00        0,00
such time as Community arrangements for imports of the
                                                                          Germany                          11,64     15,62      18,80
products in question are applied , but until 31 December
1986 at the latest ;                                                      Greece                            0,51       1,02       1,60
                                                                          France                           64,64     57,00      57,60
                                                                           Ireland                          0,00      0,00        0,50
Whereas , since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain and Portugal does                 Italy                            0,04      0,76        1,50
not exist , the Community must adopt the measures referred                 United Kingdom                  12,55     18,33      15,70
to in Articles 180 and 367 of that Act ; whereas the tariff
measure concerned will , therefore , apply to the
Community of Ten ;
                                                                           Whereas , in view of these factors and of the estimates
(») OJ No L 264 , 27 . 9 . 1978 , p . 2 .                                  submitted by certain Member States initial shares may be
( 2 ) OJ No L 358 , 3 . 12 . 1981 , p . 1 .                                fixed approximately at the following percentages:
 ---pagebreak--- No L 327 / 2                             Official Journal of the European Communities                                         6 . 12 . 85
       Benelux                                      6,5             Cooperation Agreement between the Community and
       Denmark                                      0,1             Morocco , until such time as Community import
       Germany                                     15,3             arrangements are applied or until 31 December 1986
       Greece                                       1,5             whichever shall be the earliest , a duty-free Community
       France                                      56,2             tariff quota of 14 000 tonnes shall be opened for import
       Ireland                                      1,9             into the Community of Ten of prepared or preserved
       Italy                                        0,8             sardines falling within subheading 16.04 D of the Common
       United Kingdom                              17,7             Customs Tariff and originating in Morocco .
                                                                    2 . From 1 January 1986 until either the conclusion of the
Whereas , in order to take into account import trends for           exchange of letters referred to in Article 19 of the
the products concerned in the various Member States , each          Cooperation Agreeement between the Community and
quota should be divided into two instalments , the first            Morocco or until such time as Community import
being shared among the Member States and the second                 arrangements are applied but until 31 December 1986 at
constituting a reserve to cover at a later date the                 the latest , a Community of Ten tariff quota of
requirements of the Member States which have used up                6 000 tonnes at a duty rate of 10 % shall be opened for
their initial quota shares ; whereas , in order to give             imports into the Community of prepared or preserved
importers in each Member State a certain degree of                  sardines falling within subheading 16.04 D of the Common
security , the first instalment of the Community quotas             Customs Tariff and originating in Morocco .
should , under the circumstances , be fixed at 75 %
respectively of the quota volumes ;
                                                                                                 Article 2
Whereas , the Member States' initial shares may be used up          1 . The tariff quotas laid down in Article 1 shall be divided
at different times ; whereas , in order to take this fact into      into two instalments .
account and avoid any break in continuity , any Member
State which has almost used up its initial quota shares             2 . A first instalment of each quota shall be shared among
should draw an additional share from the corresponding              the Member States ; the respective shares which , subject to
reserve ; whereas this must be done by each Member State            Article 5 , shall be valid until the end of the period specified
as and when each of its additional shares is almost used up ,       in Article 1 shall be as follows :
and repeated as many times as the reserve allows ; whereas
                                                                                                                                   f tonnes)
the initial and additional shares must be valid until the end
of the quota period ; whereas this method of administration                      Member States              Article 1 ( 1 ) Article 1 ( 2 )
requires close cooperation between the Member States and
the Commission and the latter must be in a position to              Benelux                                       680             230
monitor the extent to which the quota amounts have been             Denmark                                         30                5
used up and to inform Member States thereof;                                                                    1 600             535
                                                                    Germany
                                                                    Greece                                         160             50
                                                                    France                                      5 890          1 960
Whereas , if, at a given date in the quota period , a
                                                                    Ireland                                        200             70
substantial quantity remains unused in any Member State ,
it is essential that that Member State should return a              Italy                                           80              30
significant proportion to the corresponding reserve to              United Kingdom                              1 860             620
prevent a part of any tariff quota from remaining unused in
one Member State when it could be used in others ;                                                            10 500           3 500
Whereas , since the Kingdom of Belgium , the Kingdom of             3 . The second instalment of each quota , i.e. 3 500 and
the Netherlands and the Grand Duchy of Luxembourg are               2 500 tonnes respectively , shall constitute corresponding
united within and jointly represented by the Benelux                reserves .
Economic Union , any operation relating to the
administration of the quota shares allocated to that                                             Article 3
economic union may be carried out by any of its
members ,
                                                                     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 5 has been applied , has been used up , then , to the
HAS ADOPTED THIS REGULATION :                                       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
                           Article 1                                 unit .
 1 . From 1 January 1986 until the conclusion of the                 2 . If, after one of its initial shares has been used up , 90 %
exchange of letters referred to in Article 19 of the                or more of the second share drawn by a Member State has
 ---pagebreak--- 6 . 12 . 85                              Official Journal of the European Communities                                  No L 327 / 3
been used up , then that Member State shall , in accordance         and , as soon as it is notified , shall inform each State of the
with the conditions laid down in paragraph 1 , draw a third         extent to which the reserves have been used up .
share equal to 5% of its initial share , rounded up where
necessary to the next unit.                                         It shall inform the Member States, not later than 5 October
                                                                    1986 , of the amount in each reserve after quantities have
3 . If, after one of its second shares has been used up ,           been returned thereto pursuant to Article 5 .
90 % or more of the third share drawn by a Member State
has been used up , that Member State shall , in accordance          It shall ensure that the drawing which exhausts any reserve
with the conditions laid down in paragraph 1 , draw a               does not exceed the balance available and , to this end , shall
fourth share equal to the third .                                   notify the amount of that balance to the Member State
                                                                    making the last drawing .
This process shall continue until the reserve is used up .
                                                                                                Article 7
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            1 . The Member States shall take all measures necessary to
might not be used up . It shall inform the Commission of its        ensure that additional shares drawn pursuant to Article 3
reasons for applying this paragraph .                               are opened in such a way that imports may be charged
                                                                    without interruption against their accumulated shares of
                                                                    the tariff quota .
                           Article 4
                                                                    2 . The Member States shall ensure that importers of the
The additional shares drawn pursuant to Article 3 shall be          products in question have free access to the shares allocated
                                                                    to them .
valid until the end of the period specified in Article 1 .
                                                                    3 . The extent to which a Member State has used up its
                           Article 5                                shares shall be determined on the basis of the imports of
                                                                    the products concerned originating in Morocco and entered
                                                                    with customs authorities for free circulation .
The Member States shall return to the reserve , not later
than 1 October 1986 such unused portion of their initial
share as , on 15 September 1986 is in excess of 20 % of the                                     Article 8
initial volume . They may return a larger quantity if there
are grounds for believing that this quantity may not be
used .
                                                                    At the Commission's request , the Member States shall
                                                                    inform it of imports of the products concerned actually
                                                                    charged against their shares .
The Member States shall notify the Commission , not later
than 1 October 1986 , of the total quantities of the products
in question imported up to 15 September 1986 and charged                                        Article 9
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
                                                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
                           Article 6
                                                                                               Article 10
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3            This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 18 November 1985 .
                                                                                          For the Council
                                                                                           The President
                                                                                          M. FISCHBACH