CELEX: 31987R4183
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4183/87 of 22 December 1987 opening, allocating and providing for the administration of Community tariff quotas for prepared or preserved sardines falling within code No ex 1604 13 10 or ex 1604 20 50 of the combined nomenclature and originating in Morocco (1988)

31 . 12 . 87                                  Official Journal of the European Communities                                  No L 399 / 29
                                              COUNCIL REGULATION (EEC) No 4183 / 87
                                                            of 22 December 1987
                   opening, allocating and providing for the administration of Community tariff quotas for
                   prepared or preserved sardines falling within code No ex 1604 13 10 or ex 1604 20 50 of the
                                          combined nomenclature and originating in Morocco ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                indicating the combined nomenclature codes and, where
                                                                          appropriate , the Taric code numbers of the products
                                                                          concerned ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113
 thereof,                                                                 Whereas equal and continuous access to the quotas should be
                                                                          ensured for all Community importers and the rates laid down
                                                                          for the quotas should be applied consistently to all imports of
                                                                          the products in question into all the Member States until the
 Having regard to the proposal from the Commission ,                      quotas are exhausted ; whereas , in the light of these
                                                                          principles , allocation of the tariff quotas among the Member
                                                                          States would seem to preserve the Community nature of the
 Whereas the Cooperation Agreement between the                            quotas; whereas in order to correspond as closely as possible
 Community and the Kingdom of Morocco (* ), supplemented                  to the real trend of the market the allocation should reflect
 by Council Regulation (EEC ) No 3511 / 81 of 3 December                  the requirements of the Member States based on statistics of
 1981 laying down the arrangements applicable to trade                    imports of those products from Morocco during a
 between Greece and Morocco (2), provides that prepared                   representative reference period and on the economic outlook
 and preserved sardines falling within code No ex 1604 13 10              for the quota period in question ;
 or ex 1604 20 50 of the combined nomenclature and
 originating in Morocco , may be imported into the
 Community free of duty; whereas the detailed arrangements                Whereas during the last three years for which statistics are
 must be fixed by an Exchange of Letters between the                      available , imports of the products in question from Morocco
                                                                          into each of the Member States were as follows :
 Community and the Kingdom of Morocco ; whereas , since
 that Exchange of Letters has not yet taken place , the
 Community arrangements which were applied in 1987
                                                                                                                                    (tonnes)
should be renewed until 31 December 1988 ; whereas two
Community tariff quotas should be opened , namely one                               Member States              1984       1985     1986
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            Benelux                                635    1 039     1 012
are to apply from 1 January 1987 until either the conclusion
of the Exchange of Letters provided for in Article 19 of                 Denmark                                —          —        —
the Cooperation Agreement between the Community and the                  Germany                              2 814     3 278,2   3 313
Kingdom of Morocco or until Community import
arrangements for the products in question are applied , but at           Greece                                  246      353        239
the latest until 31 December 1988 ;                                      France                               8 622     8 747     8 328
                                                                         Ireland                                  70      135        108
Whereas, since a Protocol as provided for in Articles 179 and            Italy                                   229      176        146
366 of the Act of Accession of Spain and Portugal does not               United Kingdom                       2 346     2 790     2 399
exist, the Community must adopt the measures referred to in
Articles 180 and 367 of that Act ; whereas the tariff measure
concerned will , therefore , apply to the Community as
constituted on 31 December 1985 ;
                                                                         Whereas in the last three years the products in question were
Whereas from 1 January 1988 the nomenclature used in the                 imported regularly only by certain Member States and not at
Common Customs Tariff will be replaced by the combined                   all or only occasionally by the other Member States; whereas ,
nomenclature based on the International Convention on the                under these circumstances , in the first phase , initial shares
Harmonized Commodity Description and Coding System ;                     should be allocated to the genuine importing Member States
whereas this Regulation must take account of that fact by                and the other Member States should be guaranteed access to
                                                                         the benefit of the tariff quotas when imports actually take
                                                                         place in the latter; whereas these arrangements for allocation
0 ) OJ No L 264 , 27 . 9 . 1978 , p . 2 .                                will equally ensure the uniform levy of the applicable
(2) OJ No L 358 , 3 . 12 . 1981 , p . 1 .                                duties ;
 ---pagebreak--- No L 399 / 30                               Official Journal of the European Communities                                            31 . 12 . 87
Whereas , in view of these factors and of the forecasts made                 administration requires close coopertion between the
by certain Member States , the initial percentage shares of the              Member States and the Commission and the latter must be
quota volumes can be expressed respectively as follows:                      able to monitor quota utilization rates and inform the
                                                                             Member States accordingly ;
                                  Order No           Order No                Whereas , if, at a given date in the quota period , a quantity of
        Member States
                                  09.1101             09.1103
                                                                             a Member State's initial share remains unused , it is essential
Benelux                             5,65                5,84
                                                                             that that Member State concerned should return a significant
                                                                             proportion thereof to the corresponding reserve to prevent
Germany                            41,09               34,85                 part of a Community quota from remaining unused in one
Greece                              1,52                1,52                 Member State when it could be used in others ;
France                             22,79               33,66
Ireland                             1,33                0,97                 Whereas , since the Kingdom of Belgium , the Kingdom of the
Italy                               1,01                1,08                 Netherlands and the Grand Duchy of Luxembourg are united
                                                                             within and jointly represented by the Benelux Economic
United Kingdom                     26,61               22,08                 Union , any operation relating to the administration of the
                                                                             quota shares allocated to that economic union may be carried
                                                                             out by any of its members ,
Whereas, to allow for the trend of imports of the products
concerned in the various Member States , each quota volume
should be divided into two parts , the first being allocated
                                                                             HAS ADOPTED THIS REGULATION :
among cerain Member States and the second held as a reserve
to cover any subsequent requirements of those Member
States which have used up their initial share and also any
requirements which may arise in the other Member States ;
whereas , to afford importers in each Member State some                                                   Article 1
degree of certainty, an appropriate level for the first part of
the Community quotas would , in the present circumstances ,
be 77 % of each quota volume;                                                1.     From 1 January 1988 until the conclusion of the
                                                                             Exchange of Letters referred to in Article 19 of the
                                                                             Cooperation Agreement between the Community and the
Whereas the initial shares of the Member States may be used                  Kingdom of Morocco or until Community import
up at different rates; whereas, in order to avoid any break in               arrangements are applied , but at the latest until 31 December
the continuity of supplies on this account, it should be                     1988 , the customs duty applicable to imports into the
provided that any Member State which has used up one of its                  Community as constituted on 31 December 1985 of the
initial shares should draw from the relevant reserve                         following products originating in Morocco shall be
quantities corresponding to its actual requirements , and so                 suspended at the levels and within the limits of Community
on as many times as the reserve allows ; whereas this form of                tariff quotas as shown below:
      Order No            CN code                                                                           Amount of quota       Quota duty
                                                                   Description                                  ( tonnes)            (% )
                         1604             Prepared or preserved fish ; caviar and caviar substitutes
                                          prepared from fish eggs:
09.1101               ex 1604 13 10       — sardines , of the species Sardina pilchardus                         14 000                0
                      ex 1604 20 50
09.1103               ex 1604 13 10       — sardines , of the species Sardina pilchardus                           6 000              10
                      ex 1604 20 50
                            Article 2                                        2.     The first part of each quota shall be allocated among
                                                                             certain Member States ; the quota shares which , subject to
1.     The tariff quotas referred to in Article 1 shall be                   Article 5 , shall be valid until the end of the period specified in
divided into two parts.                                                      Article 1 , shall be as follows :
 ---pagebreak---   31 . 12 . 87                               Official Journal of the European Communities                                   No L 399 / 31
                                   Order No          Order No
                                                                         basis with respect to the requests . Member States shall be
          Member States
                                   09.1101            09.1103            informed by the Commission in accordance with the same
                                                                         procedures .
  Benelux                              615               270
  Germany                            4 470             1 610
  Greece                               165                70
                                                                                                      Article 4
  France                             2480              1 555
  Ireland                              145                45             Each of the additional shares drawn pursuant to Article 3
  Italy                                110                50             shall be valid until the end of the period specified in
                                                                        Article 1 .
  United Kingdom                     2 895             1 020
                                    10 880             4 620
                                                                                                      Article 5
                                                                        By 1 October 1988 at the latest Member States must return to
  3.     The second part of each quota , 3 120 and 1 380 tonnes         the reserve the unused portion of their initial share which , on
  respectively, shall constitute the corresponding reserves.             1 5 September 1 988 , is in excess of 20 % of the initial volume .
                                                                        They may return a greater portion if there is reason to believe
  4. If the products in question are presented in Denmark               that it might not be used .
  supported by a declaration of entry into free circulation
  accepted by the customs authorities , the Member State                By 1 October 1988 at the latest Member States must notify
 concerned shall, by way of notification to the Commission,             the Commission of the total quantities of the products
 draw a corresponding amount, under the conditions set out              concerned imported on or before 15 September 1988 and
 in Article 3 .                                                         charged against the Community quotas and of any portion of
                                                                        their initial shares that they are returning to each of the
                                                                        reserves .
                             Article 3
                                                                                                      Article 6
 If a Member State has used its entire initial share as specified
 in Article 2 (2), or of that share less any portion returned to        The Commission shall keep account of the shares drawn by
 the reserve pursuant to Article 5 , the following provisions           Member States pursuant to Articles 2 and 3 and shall inform
 shall apply.                                                           each Member State of the extent to which the reserves have
                                                                        been used up as soon as it has been notified .
 If an importer presents in a Member State a declaration of             It shall inform the Member States not later than 5 October
 entry into free circulation, including a request for preferential      1988 of the state of each of the reserves following any return
 benefit for a product covered by this Regulation and if this          of quota shares pursuant to Article 5 .
 request is accepted by the customs authorities , the Member
State concerned shall inform the Commission and draw an
amount corresponding to its requirements from the reserve              It shall ensure that the drawing which exhausts one of the
referred to in Article 2 ( 3 ).                                        reserves does not exceed the balance available and , to this
                                                                       end , shall notify the amount of that balance to the Member
                                                                       State making the final drawing.
The drawing requests , with indication of the date of
acceptance of the said declarations , must be transmitted to
the Commission without delay.
                                                                                                     Article 7
The drawings are granted by the Commission by reference to
the date of acceptance of the declarations of entry into free          1 . Member States shall take all appropriate measures to
circulation by the customs authorities of the Member State             ensure that additional drawings of shares pursuant to Article
concerned to the extent that the available balance so                  3 enable imports to be charged without interruption against
permits .                                                              their accumulated shares of the Community tariff quotas.
If a Member State does not use the quantities drawn, it shall          2. Member States shall ensure that importers of the
return them as soon as possible to the reserve .                       products concerned have free access to the quota shares
                                                                       allocated to them .
If the quantities requested are greater than the available             3 . The extent to which a Member State has used up its
balance of the reserve, allocation shall be made on a pro rata         shares shall be determined on the basis of the imports of the
 ---pagebreak--- No L 399 / 32                           Official Journal of the European Communities                                31 . 12 . t
products concerned originating in Morocco and entered with                                    Article 9
the customs authorities for free circulation .
                                                                   The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with.
                         Article 8
At the request of the Commission, Member States shall                                        Article 1 0
inform it of imports of the products concerned actually
charged against their quota shares .                               This Regulation shall enter into force on 1 January 1988 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 22 December 1987.
                                                                                      For the Council
                                                                                       The President
                                                                                       N. WILHJELM