CELEX: 51982PC0774
Language: en
Date: 1982-11-26
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff and originating in Tunisia (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 774
Vol. 1982/0232
 ---pagebreak--- Disclaimer
Conformément 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
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (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 file 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 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 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.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(82)774 final
                                            Brussels , 26 November 1982
                                      Proposal for a
                                 COUNCIL REGULATION ( EEC )
    opening , allocating and providing for the administration of a Community
            tariff quota for prepared or preserved sardines falling within
                    subheading 16.04 D of the Common Customs Tariff
                            and originating in Tunisia ( 1983 )
                      ( submitted to the Council by the Commission )
                                       &¥       &
 COM ( 82 )  774 final
 ---pagebreak---                                                      on W
                      EXPLANATORY MEMORANDUM
1. The 1978 Agreement between the Community and Tunisia provides that
   prepared and preserved sardines originating in this country may be
   admitted duty free into the Community on condition that certain minimum
   prices are respected. The periods and the technical rules for application of
   this system must be fixed by an exchange of letters between the
   contracting parties. Since this exchange of letters has never taken place,
   the Community from 1 January 1978 applied a Community tariff quota
   regime which takes the interests involved into account and which enables
   the provisions of the 1978 Agreement relating to prepared and preserved
   sardines to operate.
2. The Commission is proposing that the Council should extend the tariff
   quota regime and should therefore approve the attached proposal for
   Regulation opening, allocating and providing for the administration of a
   duty free Community quota tariff of 100 tonnes in respect of prepared and
   preserved sardines falling within subheading 16.04 D of the Common
   Customs Tariff originating in Tunisia.
   The tariff quota shall apply from 1 January to 31 December 1983.
   This is the subject of the annexed proposal .
3. The proposal for Regulation opening this quota provides - as is customary -
   for the division of the quota volume into two instalments , the first being
   allocated among the Member States as quota shares, the second being held
   as a reserve .
   The allocation of the volume of the first instalment of the quota should , in
   the absence of significant imports in recent years, be based on a scale
   which takes account of the demand in Member States for the product in
   question.
 ---pagebreak---                          -3-
IMPORTATION OF PREPARED AND CONSERVED SARDINES
              ORIGINATING IN TUNISIA
                                               4
  Member            (in tonnes)
  States
          1978      1979        1980 1981
  BX      -         -           -    -
  DK      -         -           -    -
  D       -         -           -    -
  GR      -         -           -    -
  F       -         50          3    -
  IRL     -         -           -    -
  IT      -         -           -    -
  UK      -         -           -    -
  C.E.    -         50          3    -
 ---pagebreak---                                                      PROPOSAL FOR A
                                         COUNCIL REGULATION ( EEC )
               opening, allocating and providing for the administration of a Community tariff quota for
               prepared or preserved sardines falling within subheading 16.04 D of the Common Customs
                                              Tariff and originating in Tunisia ( 1983 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         calculated , on the one hand , by reference to the statistics
                                                                  for imports from Tunisia over a representative reference
                                                                  period and , on the other hand , by reference to the
Having regard to the Treaty establishing the European             economic outlook for the quota period in question;
Economic Community, and in particular Article 113
thereof,
                                                                   Whereas , during the last three years for which statistics
                                                                   are available, the corresponding imports into each of the
Having regard to the proposal from the Commission ,                Member States represent the following percentages of
                                                                   imports into the Community from Tunisia of the
Whereas the Cooperation Agreement between the                      products concerned :
Community and Tunisia ( ' ) provides that prepared and
preserved sardines , falling within subheading 16.04 D of
the Common Customs Tariff and originating in Tunisia ,                     Member States           1^79       1980       1981
may be imported into the Community free of duty ;
whereas the detailed arrangements must be fixed by an             Benelux                             –
                                                                                                                           –
exchange of letters between the Community and T unisia ;          Denmark                             _        –
whereas, since this exchange of letters has not yet taken
                                                                  Germany                            –         –
                                                                                                                           –
place, it is advisable to renew until 3lftecc<*Se» W3 the
                                                                  France                             100       100
Community arrangements which were applied in 1982 ;                                                ( = 50
whereas it is advisable to open a Community tariff quota ,                                        tonnes)
                                                                                                              (=3 \
                                                                                                             tonnes )
                                                                  Ireland
for the importation into the Community of the products
in question of Aoo tonnes free of duty; whereas this tariff       Italy                               -         –
                                                                                                                           –
quota is to apply from 1 January 1983 until either the            United Kingdom
conclusion of the exchange of letters provided for in
                                                                                                     –          –
                                                                                                                       ;   "
Article 18 of the Cooperation Agreement between the
Community and Tunisia , or until such time as
Community arrangements for imports of the products in             Whereas      these    data  cannot      be    considered   as
question are applied but until 3l0ec«t«Ser49fji at the            representative and cannot serve as a basis tor allocation of
latest ;                                                          the quota among the Member States ; whereas it is
                                                                  difficult to forecast the Member States' imports for 198
                                                                  because of the absence of . my pattern in previous years ;
Whereas , since a Protocol as provided for in Article 1 18        whereas , in order that the quota may be allocated fairly ,
of the 1979 Act of Accession does not exist , the                 the initial quota shares may be lixed approximately at the
Community must adopt the measures referred to in                  following percentages:
Article 119 of that Act ; whereas the tariff measure
concerned will , therefore, apply to the Community of                             Bénélux                    10
Nine ;
                                                                                  Denmark                      4
                                                                                 Germany                     16
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to                             France                     50
the abovementioned quota and uninterrupted application                            Ireland                      2
of the rate laid down for that quota to all imports of the
                                                                                  Italy                        2
products concerned into all Member States until the
quota has been used up ; whereas , having regard to the                           United Kingdom             16
                                                                                                              '©
above principles, the Community nature of the quota can
be respected by allocating the Community tariff quota             Whereas , in order to take into account import trends for
among the Member States ; whereas , in order to reflect as        the products concerned in the various Member States ,
accurately as possible the true trend of the market in the        each of the quota amounts should be divided into two
products in question , such allocation should be in               instalments , the first beinj', shared among the Member
proportion to the requirements of the Member States ,             States and the second consututing a reserve to cover at a
                                                                  later date the requirements of the Member States which
(■) OJ No L 265 , 27 . 9 . 1978 , p. 5 .                          have used up their initial quota shares ; whereas , in order
 ---pagebreak---                                                         - 2 -
to give importers in each Member State a certain degree of     allocated among the Member States; the shares , which
security, the first instalment of the Community quota          subject to Article 5 shall be valid until the end of the
might, under the circumstances, be fixed at 5 0% of the        period specified in Article 1 , shall be as follows :
quota volume ;
                                                                                                      λ (tonnes)
Whereas the Member States' initial shares may be used up                       Benelux                       5
at different times ; whereas , in order to take this fact into
                                                                               Denmark                       2
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share                         Germany                      8
should draw an additional share from the reserve ;                             France                      25
whereas this must be done by each Member State as and
when each of its additional shares is almost used up , and                     Ireland                       1
repeated as many times as the reserve allows ; whereas the                     Italy                         1
initial and additional shares must be valid until the end of
                                                                               United Kingdom               8
the quota period ; whereas this method of administration
requires close cooperation between the Member States
and the Commission , and the latter must be in a position      3.     The second instalment of50 tonnes shall constitute
to monitor the extent to which the quota volume has been       the reserve .
used up and to inform the Member States thereof;
Whereas if, at a given date in the quota period , a
substantial quantity of an initial share remains unused in
any Member State, it is essential that that Member State                                   Article 3
should return a significant proportion to the reserve to
prevent a part of any tariff quota from remaining unused       1.     If 90 % or more of a Member State's initial share as
in one Member State when it could be used in others ;          specified in Article 2 ( 2 ), or 90 % of that share minus the
                                                               portion returned to the reserve where Article 5 has been
Whereas, since the Kingdom of Belgium , the Kingdom of         applied , has been used up , then , to the extent permitted
the Netherlands and the Grand Duchy of Luxembourg              by the amount of the reserve , that Member State shall
are united within and jointly represented by the Benelux       forthwith , by notifying the Commission , draw a second
Economic Union , any operation relating to the                 share equal to 15 % of its initial share, rounded up where
administration of the quota shares allocated to that           necessary to the next unit .
economic union may be carried out by any of its
members ,                                                      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
HAS ADOPTED THIS REGULATION :                                  accordance with the conditions laid down in paragraph 1 ,
                                                               draw a third share equal to 7 • 5 % of its initial share ,
                                                               rounded up where necessary to the next unit .
                         Article 1
                                                               3.     If, after one of its second shares has been used up,
From 1 January 198 3until the conclusion or the exchange       90 % or more of the third share drawn by a Member State
of letters referred to in Article 18 of the Cooperation        has been used up , that Member State shall , in accordance
Agreement between the Community and Tunisia , until            with the conditions laid down in paragraph 1 , draw a
such time as Community import arrangements are                 fourth share equal to the third .
applied or until 3 lCfot»»\}<H9£J whichever shall be the
earliest, a duty-free Community tariff quota of■I00 tonnes     This process shall continue until the reserve is used up.
shall be opened , for imports into the Community of Nine ,
of prepared or preserved sardines falling within               4.     By way of derogation from paragraphs 1 , 2 and 3 , a
subheading 16.04 D of the Common Customs Tariff and            Member State may draw shares smaller than those fixed
originating in Tunisia .                                       in 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 .
                         Article 2
1.     The tariff quota referred to in Article 1 shall be
divided into two instalments.                                                              Article 4
2.     A first instalment, amounting to 5 0 tonnes of. the     The additional shares drawn pursuant to Article 3 shall be
Community tariff quota referred to in Article 1 , shall be     valid until the end of the period specified in Article 1 .
 ---pagebreak---                                                               -3-
                          Article 5                                                        Article 7
                                                                  1.    The Member States shall take all measures
The Member States shall return to the reserve , not later
                                                                  necessary to ensure that additional shares drawn
than i Ochs^ev \9iS3 such unused portion of their initial
share as , on 1             1 98 3, is in excess of 20 % of the   pursuant to Article 3 are opened in such a way that
initial volume. They may return a larger quantity if there        imports may be charged without interruption against
are grounds for believing that this quantity may not be           their accumulated shares of the tariff quota .
used .
                                                                  2.    The Member States shall ensure that importers of
                                                                  the products in question established in their territory have
The Member States shall notify the Commission , not later         free access to the shares allocated to them .
than lOc\-ckevl98 3^>fthe total quantities of the products
in question imported up to 1 5$*JifrcrA>cr 1 983 and charged      3.    The extent to which a Member State has used up its
against the tariff quota and of any quantity of the initial       shares shall be determined on the basis of the imports of
shares returned to the reserve .                                  the products in question originating in Tunisia and
                                                                  entered with customs authorities for free circulation .
                           Article 6                                                       Article H
The Gommissi6T) shall keep an account of the shares               At the Commission's request , the Member States shall
opened by the Member-States pursuant to Articles 2 and 3          inform it of imports of the products concerned actually
and , as soon as it is notified , shall inform each Member        charged against their shares .
State of the extent to which the reserve has been used
up .
                                                                                           Article 9
It shall inform the Member States not later than 5 October
                                                                  The Member States and the Commission shall cooperate
 198J, ofthe 'amount in the reserve after quantities have         closely to ensure that this Regulation is complied with .
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts any                                       Article 10
reserve does not exceed the balance available and , to this
end , notify the amount of that balance to the Member             This Regulation shall enter into force on 1 January
State making the last drawing.                                    1983 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,                -] 932
                                                                                  For the Council
                                                                                   The President