CELEX: 31986R4127
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4127/86 of 22 December 1986 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 (1987)

31 . 12 . 86                                  Official Journal of the European Communities                              No L 380 / 53
                                              COUNCIL REGULATION ( EEC ) No 4127 / 86
                                                            of 22 December 1986
                    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 ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 be respected by allocating the Community tariff quotas
                                                                          among the Member States ; whereas , in order to reflect as
                                                                          accurately as possible the true trend of the market in the
 Having regard to the Treaty establishing the European                    products in question , such allocation should be in
 Economic Community , and in particular Article 113                       proportion to the requirements of the Member States ,
 thereof,                                                                 calculated by reference to the statistics for imports from
                                                                          Morocco over a reference period and also to the economic
                                                                          outlook for the quota period in question ;
Having regard to the proposal from the Commission ,
Whereas the Cooperation Agreement between the                             Whereas , during the last three years for which statistics  are
Community and Morocco 0 ), supplemented by Council                        available , the corresponding imports into each of          the
Regulation ( EEC ) No 3511 / 81 of 3 December 1981 laying                 Member States represent the following percentages of        the
down the arrangements applicable to trade between Greece                  imports into the Community from Morocco of                  the
and Morocco ( 2 ), provides that prepared and preserved                   products concerned :
sardines , falling within subheading 16.04 D of the
Common Customs Tariff and originating in Morocco , may
be imported into the Community free of duty ; whereas the                            Member States          1983     1984        1985
detailed arrangements must be fixed by an exchange of
letters between the Community and Morocco ; whereas ,                     Benelux                           7,27      4,3         6,3
since this exchange of letters has not yet taken place , it is            Denmark                           0,00      0,0         0,0
advisable     to    renew      until     31 December     1987   the
                                                                          Germany                          15,62     18,8        19,8
Community arrangements which were applied in 1986 ;
                                                                          Greece                             1,02      1,6        2,1
whereas it is advisable to open two Community tariff
                                                                          France                           57,00     57,6        53,0
quotas for import^tioijs into the Community of the
                                                                          Ireland                           0,00      0,5         0,8
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                 Italy                             0,76       1,5        1,1
10 %■; whereas these tariff quotas are to apply from                      United Kingdom                   18,33     15,7        16,9
1 January 1987 until either the conclusion of the exchange
of letters provided for in Article 19 of the Cooperation
Agreement between the Community and Morocco or until
such time as Community arrangements for imports of the                    Whereas , in view of these factors and of the estimates
products in question are applied , but until 31 December                  submitted by certain Member States initial shares may be
1987 at the latest ;                                                      fixed approximately at the following percentages :
Whereas , since a Protocol as provided for in Articles 179                        Benelux                                    6,0
and 366 of the Act of Accession of Spain and Portugal does                        Denmark                                   0,3
not exist , the Community must adopt the measures referred
                                                                                  Germany                                  17,9
to in Articles 180 and 367 of that Act ; whereas the tariff                       Greece                                     1,6
measure concerned will , therefore , apply to the                                 France                                   54,8
Community of Ten ;                                                                Ireland                                   0,6
                                                                                  Italy                                      1,2
Whereas it is in particular necessary to ensure for all                           United Kingdom                           17,6
Community importers equal and uninterrupted access to
the abovementioned quotas and uninterrupted application                   Whereas , in order to take into account import trends for
of the rates laid down for these quotas to all imports of the             the products concerned in the various Member States , each
products concerned into all Member States until the quotas                quota should be divided into two instalments , the first
have been used up ; whereas , having regard to the principles             being shared among the Member States and the second
mentioned above , the Community nature of the quotas can                  constituting a reserve to cover at a later date the
                                                                          requirements of the Member States which have used up
                                                                          their initial quota shares ; whereas , in order to give
(!) OJ No L 264 , 27 . 9 . 1978 , p. 2 .                                  importers in each Member State a certain degree of
( 2 ) OJ No L 358 , 3 . 12 . 1981 , p. 1 .                                security , the first instalment of the Community quotas
 ---pagebreak--- No L 380 / 54                              Official Journal of the European Communities                                      31 . 12 . 86
should , under the circumstances , be fixed at 75 %                      prevent a part of any tariff quota from remaining unused in
respectively of the quota volumes ;                                      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
Whereas , the Member States' initial shares may be used up               united within and jointly represented by the Benelux
at different times ; whereas , in order to take this fact into           Economic Union , any operation relating to the
account and avoid any break in continuity , any Member                   administration of the quota shares allocated to that
State which has almost used up its initial quota shares                  economic union may be carried out by any of its
should draw an additional share from the corresponding                   members ,
reserve; whereas this must be done by each Member State
as and when each of its additional shares is almost used up ,
and repeated as many times as the reserve allows ; whereas               HAS ADOPTED THIS REGULATION :
the initial and additional shares must be valid until the end
of the quota period ; whereas this method of administration
requires close cooperation between the Member States and                                            Article 1
the Commission and the latter must be in a position to
monitor the extent to which the quota amounts have been                   1 . From 1 January 1987 until the conclusion of the
used up and to inform Member States thereof;                             exchange of letters referred to in Article 19 of the
                                                                         Cooperation Agreement between the Community and
                                                                         Morocco , until such time as Community import
                                                                         arrangements are applied or until 31 December 1987 ,
Whereas, if, at a given date in the quota period , a                     whichever shall be the earliest the customs duty applicable
substantial quantity remains unused in any Member State ,                on the import into the Community of Ten for the following
it is essential that that Member State should return a                   products shall be suspended at the levels and within the
significant proportion to the corresponding reserve to                   limits of Community tariff quotas as follows :
                     CCT                                                                                                   Quota
       Order                                                                                      Quota volume             duties
                    heading                              Description                                ( in tonnes )
        No
                      No                                                                                                    (%)
     09.1101       16.04 D     Prepared or preserved sardines originating in Morocco                   14 000                 0
     09.1103       16.04 D     Prepared or preserved sardines originating in Morocco                    6 000                10
                            Article 2                                    3 . The second instalment of each quota , i.e. 3 440 and
                                                                         1 470 tonnes respectively , shall constitute corresponding
 1 . The tariff quotas laid down in Article 1 shall be divided           reserves .
into two instalments .
2 . A first instalment of each quota shall be shared among
the Member States ; the respective shares which , subject to                                        Article 3
Article 5 , shall be valid until the end of the period specified
in Article 1 shall be as follows :                                        1.   If 90 % or more of a Member State's initial share as
                                                                          specified in Article 2 ( 2 ), or 90 % of that share minus
                                         Order          Order             the portion returned to the corresponding reserve where
             Member States                 No            No               Article 5 has been applied , has been used up , then , to the
                                        09.1101       09.1103
                                                                          extent permitted by the amount of the reserve , that
                                            630          270
                                                                          Member State shall forthwith , by notifying the
Benelux
                                                                          Commission , draw a second share equal to 10 % of its
 Denmark                                     30            10
                                                                          initial share , rounded up where necessary to the next
 Germany                                  1 890          810              unit .
 Greece                                     170            70
France                                   5 790         2 480
 Ireland                                     60            30             2 . If, after one of its initial shares has been used up ,
 Italy                                      130            60             90 % or more of the second share drawn by a Member
 United Kingdom                           1 860          800              State has been used up , then that Member State shall , in
                                                                          accordance with the conditions laid down in paragraph 1 ,
                                        10 560         4 530              draw a third share equal to 5 % of its initial share , rounded
                                                                          up where necessary to the next unit .
 ---pagebreak--- 31 . 12 . 86                                Official Journal of the European Communities                               No L 380 / 55
3 . If, after one of its second shares has been used up ,              It shall inform the Member States , not later than 5 October
 90 % or more of the third share drawn by a Member State               1987 , of the amount in each reserve after quantities have
has been used up , that Member State shall , in accordance             been returned thereto pursuant to Article 5 .
with the conditions laid down in paragraph 1 , draw a
fourth share equal to the third .                                      It shall ensure that the drawing which exhausts any reserve
                                                                       does not exceed the balance available and , to this end , shall
This process shall continue until the reserve is used up .             notify the amount of that balance to the Member State
                                                                       making the last drawing .
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
                                                                                                  Article 7
those paragraphs if there is reason to believe that they
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .                                  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
                            Article 4                                  without interruption against their accumulated shares of
                                                                       the tariff quota .
The additional shares drawn pursuant to Article 3 shall be
valid until the end of the period specified in Article 1 .             2 . The Member States shall ensure that importers of the
                                                                       products in question have free access to the shares allocated
                                                                       to them .
                            Article 5
                                                                       3 . The extent to which a Member State has used up its
The Member States shall return to the reserve , not later              shares shall be determined on the basis of the imports of
than 1 October 1987 , such unused portion of their initial             the products concerned originating in Morocco and entered
                                                                       with customs authorities for free circulation .
share as , on 15 September 1987 is in excess of 20 % of the
initial volume . They may return a larger quantity if there
are grounds for believing that this quantity may not be                                           Article 8
used .
                                                                       At the Commission's request , the Member States shall
The Member States shall notify the Commission , not later              inform it of imports of the products concerned actually
than 1 October 1987 , of the total quantities of the products          charged against their shares .
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .                                                                  Article 9
                                                                       The Member States and the Commission shall cooperate
                            Article 6                                  closely to ensure that this Regulation is complied with .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3                                         Article 10
and , as soon as it is notified , shall inform each State of the
extent to which the reserves have been used up .                       This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1986 .
                                                                                             For the Council
                                                                                              The President
                                                                                                G. SHAW