CELEX: 51988PC0508
Language: en
Date: 1988-09-29
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for certain kinds of prepared and preserved fish coming from Portugal (1989) (presented by the Commission)

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COM (88) 508
Vol. 1988/0182
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM ( 88 ) 508 final
                                                     Brussels , 29  September 1988
                                 Proposal for a
                          COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of Community
  tariff quotas for certain kinds of prepared and preserved fish coming
                          from Portugal ( 1989 )
                       \
                            ( presented by the Commission )
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . Article 362 of the Act concerning the conditions of accession of the
    Kingdom of Spain and the Portuguese Republic and the adjustments to the
    Treaties provides that the following products from Portugal may be
    imported annually into the Carmunity as constituted on 31 December 1985 ,
    free of Common Customs Tariff duties up to the limits indicated below :
    Combined              Description                        Çdantities
    Nomenc lature                                            ( tonnes )
    code
       16.04              Prepared or preserved fish ;
                          caviar and caviar substitutes
                          prepared from fish eggs :
    ex 1604.13-10         - sardines on the species          ) 5 000
    ex 1604.20-50            " Sardina pilchardus "          )
       1604 . 14-10       - tunas and skipjack               )
       1604 . 19-30       - fish of the genus "Euthynnus ",  ) 1 000
                            other than skipjack              )
       1604 . 20-70       - tunas , skipjack and other       )
                             fish of the genus " Euthynnus " )
       1604.15-10         - i rackere 1 of the species       )
                             " Scomber scombrus " and        )
                             " Scomber japonicus )           )
       1604.19-50         - fish of the species              ) 1 000
                             " Orcynopsis unicolor"          )
    ex 1604.20-50         - mackerel of the species          )
                             " Scomber scombrus " and        )
                             " Scomber japonicus " and       )
                             fish of the secies              )
                             " Orcynopsis unicolor"          )
    Therefore , these tariff quotas should be opened for 19!
 ---pagebreak--- c. The proposal for a Regulation opening the tariff quotas provides , as is
   custcinary , for the division of the quota volume into two parts , the
   first being allocated among the Manber States as quota shares , the
   second being held as a reserve .
   As regards the distribution of the first part of each quota , account has
   been taken of the fact that there have been either no iinports or only
   occasional imports into certain Member States in recent years . Initial
   shares have therefore been allocated only to the importing Member
   States , with the other Member States being guaranteed access to the
   tariff quotas once imports by than of the products concerned have been
   notified .
3. As regards the method of administration to be applied by all the Manber
   States , the Comnission proposes the system of drawing on the quotas as
   and when needs arise .
4. The aim of the attached proposal is to give effect to the foregoing .
 ---pagebreak---                                                          Proposai for
                                          COUNCIL REGULATION ( EEC )
                    Opening , allocating and providing for the administration of Community tariff quotas for
                             certain kinds of prepared or preserved fish coming from Portugal ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            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
Having regard to the Treaty establishing the European                the statistics of each State’s imports from Portugal over a
Economic Community ,                                                 representative reference period and also to the economic
                                                                     outlook for the quota period concerned ;
Having regard to the Act of Accession of Spain and Portugal ,        Whereas during the last three years for which statistics are
and in particular Article 362 thereof,                               available imports into the Member States were as follows :
                                                                                                                               (tonnes )
Having regard to the proposal from the Commission ,                           Member States                           1985    1986         1987
Whereas Article 362 of the Act of Accession provides that
during the period of progressive elimination of customs                           Sardines of the species Sardina pilchardus
duties between the Community as constituted on 31
December 1985 and Portugal , certain kinds of sardines ,             Benelux                                         741       741       1 684
tunas , fish of the genus Euthynnus, certain kinds of mackerel       Denmark                                         306,31    234          181
and fish of the species Orcynopsis unicolor, prepared                Germany                                      3 239      4 659       3 178
or preserved , falling within code^^ex 1604 13 10,                   Greece                                            –        155         100
ex 1604 20 50 , 1604 14 10 , 1604 19 30 ,         1604 20 70 ,       France                                       2 190      1 783       2 002
1604 15 10,1604 19 50 and ex 1604 20 50
                                                                     Ireland                                           30        19          -
                  from Portugal , may be imported free of duty
                                                                     Italy                                           820,8     634          757
into the Community as constituted on 31 December 1985
within the limits of annual Community tariff quotas of 5 000         United Kingdom                               4 210      3 949       3 061
tonnes , 1 000 tonnes and 1 000 tonnes respectively ; whereas
these quotas should be opened for 198 9 ‘
                                                                                   Tunas and fish of the genus Euthynnus
                                                                     Benelux                                             1       13            3
                                                                     Denmark                                           –       –
                                                                                                                                               -
                                                                     Germany                                            18,2     22          12
                                                                     Greece                                             54     –
                                                                     France                                             55       16          58
                                                                     Ireland                                           –       –
                                                                                                                                               -
                                                                     Italy                                         2 456,5   2 141       2 371
                                                                     United Kingdom                                    –          9          28
                                                                     Mackerel of the species Scomber scombrus und Scomber japonicus
                                                                                 and fish of the species Orcynopsis unicolor
Whereas it is in particular necessary to ensure for all              Benelux                                          135       176         222
importers of the Community as constituted on 31 December             Denmark                                           –       –
1985 equal and uninterrupted access to the abovementioned            Germany                                           –         21            -
quotas and uninterrupted application of the rates laid down          Greece                                            –       –               -
for these quotas to all imports of the products concerned into
                                                                     France                                                       3            1
all the Member States until the quotas have been used up ;                                                             –
whereas , having regard to the above principles , the                Ireland                                           –       –
                                                                                                                                               –
Community nature of the quotas can be respected by                   Italy                                         2 216,7   1 463        1 903
allocating the Community tariff quotas among the Member              United Kingdom                                    –       –               -
States ; whereas , in order to reflect as accurately as
 ---pagebreak---                                                             - 2 -
 Whereas in view of these factors and of the estimates                     into account and avoid any break in continuity , any Member
 submitted by certain Member States , initial quota shares may             State which has almost used up its initial quota share should
 be set approximately at the following percentages :                       draw an additional quota share from the corresponding
                                                                           reserve; whereas this must be done by each_Member State as
                                                                           and when each of its initial shares is /               used up and
          Member States          Sardines      Tunny     Mackerel          repeated as many times as the                   corresponding reserve allows
                                                                                                                                 whereas the
 Benelux                            9,13        _
                                                             9,02          initial c            - quota shares must be valid until the end
 Denmark                            2,08        –           –
                                                                           of the quota period ; whereas this method of administration
 Germany                           31,94        –           –
                                                                           requires close cooperation between Member States and the
 Greece                             0,74        –           –              Commission and the latter must , in particular , be able to
 France
                                   17,23        2,78        –
                                                                           monitor the extent to which the quota volumes have been
 Ireland                                                                   used up and to inform the Member States accordingly ;
                                    0,14        –           –
 Italy                              0,38       97,22       90,98
 United Kingdom                   32,36         –           –
                                                                           Whereas if, at a given date in the quota period , a substantial
                                                                            quantity of one of the initial shares remains unused in one or
                                                                            other Member State it is essential that the Member State
                                                                            concerned should return a significant proportion to the
                                                                            reserve to prevent a part of any Community quota from
Whereas in the last three years the products in question were               remaining unused in one member State when it could be used
imported regularly by certain Member States only , and not at               in other ;
all or only occasionally by the other Member States ; whereas
in these circumstances initial shares should be allocated to the
genuine importing Member States and the other Member
                                                                            Whereas , since the Kingdom of Belgium , the Kingdom of the
                                                                            Netherlands and the Grand Duchy of Luxembourg are united
States should be guaranteed access to the tariff quotas when
imports into these Member States are notified ; whereas these               within and jointly represented by the Benelux Economic
arrangements for allocation will equally ensure the uniform
                                                                            Union any operations relating to the administration of the
application of the combined nomenclature ;                                  quota shares allocated to that economic union may be carried
                                                                            out by any one of its members ,
Whereas , in order to take into account import trends for the
products concerned in the various Member States , each
quota should be divided into two pans , the first being shared             HAS ADOPTED THIS REGULATION :
among certain Member States and the second constituting a
reserve to cover the subsequent requirements of the Member
States where they have used up their initial shares and also
any requirements which might arise in the other Member
States ; whereas , in order to give importers in each Member                                           Article 1
State a certain degree of security , the first part of the
Community quotas could be set at5^% of the quota
volumes ;                                                                  From 1 January to 31 December 191$ the customs duties on
                                                                           imports from Portugal into the Community as constituted on
                                                                           31 December 1985 for the following products shall be
Whereas the initial quota shares of the Member States may be               suspended at the levels indicated and within the limits of
used up at different times ; whereas , in order to take this fact          Community tariff quotas as shown herewith :
   Order No        CN code                                                                                          Quantities    Quota duties
                                                                   Description                                       ( tonnes )
                  1604            Prepared or preserved fish :
                                  caviar and caviar substitutes prepared from fish eggs :
                                                                                                                '
09.0501       ex 1604 13 10       – Sardines of the species Sardina pilchardus                                    ■   5 000          free
              ex 1604 20 50
09.0502          1604 14 10       – Tunas and skipjack                                                          1
                 1604 19 30       – Fish of the genus Euthynnus, other than skipjack                                  1 000          free
                  1604 20 70      – Tunas , skipjack and other fish of the genus Euthynnus                      J
09.0503          1604 15 10       – Mackerel of the species Scomber scombrus and Scomber japonicus
                 1604 19 50       – Fish of the species Orcynopsis unicolor
                                                                                                                  ■   1 000          free
              ex 1604 20 50       – Mackerel of the species Scomber scombrus and Scomber japonicus and
                                     fish of the species Orcynopsis unicolor                                   J
                                                                                                                                                        5'
 ---pagebreak---                                                                - s -
                                Article 2
1 . Each of the tariff quotas referred to in Article 1 shall be
    divided into two parts .
2. (a) The first part of each quota, namely 2 700,
             540 and 540 tonnes respectively, shall be
             among
             certain Member States ; the respective shares shall ,
             subject to Article ^, be valid until 31 December 1983,
             and shall be as follows :
                                                                (tonnes)
                                                  Prepared or
                  Member States
                                                   preserved
                                       Sardines     Tunas     Mackerel
             Benelux                      245         –
                                                                 50
             Denmark                        55        –         –
             Germany                      86G         –         –
             Greece
                                            2Ü        –         –
             France
                                          465         15        –
            Ireland
                                             5        –         –
            Italy                         175        525        490
             United Kingdom               875         –         –
                             Total     2 700         540        540
      ( b ) The second part of each quota , namely 2 5U0, 460
            and 460 tonnes respectively , shall constitute the
            corresponding reserve .
           If an importer presents, in a Member State^a declaration as       'not privy to the initial allocation
           to entry into free circulation
                                        for a product covered by this
           Regulation , and this request is accepted by the customs
           authorities , the Member State concerned shall , by notifying
           the Commission , draw an amount corresponding to its
           requirements from the reserve referred to in Article 2 (■fl).
                                          Article 3
            If a Member State’s initial share as specified in Article 2 (^),
            or of that share less any portion returned to the reserve where
            Article Lj has been applied has been used up entirely, the
            following provisions shall apply .
            If an importer presents , in a Member State, a declaration as
            to entry into free circulation
                                        for a product covered by this
            Regulation , and this request is accepted by the customs
            authorities , the Member State concerned shall , by notifying
            the Commission , draw an amount corresponding to its
            requirements from the reserve referred to in Article 2
                                                                                                                  6
 ---pagebreak---   Drawings shall be granted by the Commission
 provided a sufficient amount remains in the reserve .
 If a Member State does not use the quantities drawn , it shall
 return them to the reserve as soon as possible .
                            Article 4
 The Member States shall return to the reserve , not later than
 1 October 1989 , the unused portion of their initial share
which , on IS September 1989 , 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 19f$ ,
notify the Commission of the total quantities of the products
concerned imported up to 15 September 1989 and charged
against the Community quotas and of any quantities of the
initial shares returned to each reserve .
                            Article 5
The Commission shall keep an account of the shares drawn
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
 1988^ of the amount in the reserve after the return of
quantities pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall
notify the amount of the balance to the Member State making
the last drawing .
                            Article 6
1.      The Member States shall take all measures necessary to
ensure that additional drawing of shares pursuant to Article 3
carried out in such a way that imports may be charged are
without interruption against their accumulated shares of the
tariff quotas .
 ---pagebreak---                                                             _ 5 -
2.    The Member States shall ensure that imports of the                                    Article 7
products in question have free access to the shares allocated
to them .                                                         At the Commission’s request the Member States shall inform
                                                                  it of imports actually charged against their shares.
3.    The Member States shall charge the imports 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 coming                               Article 8
from Portugal entered with customs authorities for free
circulation .                                                     This Regulation shall enter into force on 1 January 1989.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                         For the Council
                                                                                          The President