CELEX: 51988PC0091
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for herring (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 91
Vol. 1988/0026
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(88 ) 91 final
                                           Brussels , 7 March 1988
                            Proposal for a
                      COUNCIL REGULATION (EEC )
      opening, allocating and providing for the administration
          of a Community tariff quota for herring
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               I | (presented by thet'the Commission)
                                          Commission)
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                       EXPLANATORY MEMORANDUM
1. Under the multilateral GATT negotiations , the Community undertook
   the obligation to open , for the period 16 June to 14 February of
   each year and subject to compliance with the reference price , a
   tariff quota of 34 000 tons at zero duty for fresh , chilled or
   frozen herrings .
2. The aim of this proposal is to fulfil the Community 's obligations
   by opening a contractual tariff quota for the period 16 June 1982
   to 14 February 1989 .
3. The Commission 's proposal for these products is broadly based on
   the ones usually made in the field of tariff quotas , that is to
   say :
         the volume of the tariff quota is divided into two parts of
         which the first , being relatively large , is allocated among
         certain Member States , and the second is held as a reserve
         to cover any additional needs of these Member States as well
         as the needs of Member States which do not participate in
         the initial allocation ;
         the allocation of Member States' initial quota share is
         based upon past imports originating in third countries in
         the course of the last three years as shown in the following
         table :
 ---pagebreak---               IMPORTS FROM NON-PRE FERENTIAL THIRD COUNTRIES
 Member State                   1984               1985              1986
                        tons           %   tons           %   tons            %
3enelux                  2 949       4,06    2 234      3,70'  1 926    2,73
 Denmark                43 244     66,39    41 625    60,88   50 700   71,86
 Germany                17 755     24,44    11 662    19,30   14 503   20,56
 Spain                        -      -           -      -          -    -
 Greece                       -      -           -      -          -    -
 France                  1 711       2,35    3 305      5,47   1 848     2,62
 Ireland                     14      0,02        -      -          -    -
 Italy                       16      0,02        -      -          -    -
 Portugal                     -      -           -      -          -    -
 United Kingdom          1 973       2,72    1 604      2,65   1 572     2 , 23
 Total                  72 662              60 430            70 549
 ---pagebreak---                                                                 ч
                                                   Proposai for a
                                      COUNCIL REGULATION ( EEC)
                  opening, allocating and providing for the administration of a Community tariff
                  quota for herrings
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                                                           1984     1985     1986
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
                                                             Benelux                                       4,06      3,70     2,73
thereof,
                                                             Denmark                                      6639     68,88     71,86
                                                             Germany                                      24,44    19,30     20,56
                                                             Greece                                         _        _
                                                                                                                              -
                                                             Spain                                          _        _
                                                                                                                              -
Having regard to the Act of Accession of Spain and           France                                        2,35     5,47      2,62
Portugal,                                                    Ireland                                       0,02      –
                                                                                                                              –
                                                             Italy                                         0,02      –
                                                             Portugal                                      –         –
                                                                                                                              -
Having regard to the proposal from the Commission,           United Kingdom                                2,72      2,65     2,23
Whereas the Community undertook to open an annual
duty-free Community tariff quota for 34 000 tonnes of        Whereas, in view of the above and of the foreseeable
herrings, whole, headless or in pieces,
                                                             trend of the market for these products in the quota
         imported from 16 June to 14 February in a fresh,    period, the initial quota shares may be as indicated in
                                                             Articles 2 and 3 ;
chilled or frozen state, subject to compliance with the
reference price ; whereas, therefore, it is appropriate to
open, for the period 16 June 1988 to 14 February 1989,       Whereas, to take account of the possible import trends for
the duty-free tariff quota in question, bearing in mind the  this product, the quota volume should be divided into two
obligation to comply with the reference price fixed ;        parts, the first being allocated between the Member States
                                                             and the second held as a reserve to cover any subsequent
                                                             requirements of Member States which have used up their
Whereas equal and continuous access to the said quota        initial share ; whereas, to give importers some degree of
should be ensured for all importers and the rate of levy     certainty, the first part of the tariff quota should be fixed
for the tariff quota should be applied consistently to all   at a high level, which in this case could be 25 500
imports until the said quota is used up ; whereas, in the    tonnes ;
light of the principles outlined above, a Community tariff
arrangement based on an allocation between the Member        Whereas initial shares may be used up at different rates ;
States would seem to preserve the Community nature of        whereas, to take account of this fact and to avoid any
the quota ; whereas, to represent as closely as possible the interruption, it should be provided that any Member State
actual development of the market in the said goods, this     which has almost used up its initial share should draw an
allocation should follow proportionately the requirements    additional share from the reserve ; whereas, each time its
of the Member States calculated both from statistics of      additional share is almost used up, a Member State should
imports from third countries during a representative         draw a further share and so on as many times as the
reference period and according to the economic outlook       reserve allows ; whereas the initial and additional shares
for the quota period in question ;                           should be valid until the end of the quota period ;
                                                             whereas this form of administration requires close
                                                             collaboration    between    the   Member     States and     the
Whereas, during the last three years for which complete      Commission, and the Commission must, in particular, be
statistics are available, the imports of each Member State   in a position to keep account of the extent to which the
represent the following percentages in relation to the total quotas have been used up and to inform the Member
imports of the products in question :                        States accordingly ;
 ---pagebreak---                                                                          ч
 Whereas if, at a given date of the quota period, a con ¬            'ration oi the snare allocated to that economic union may
 siderable quantity of a Member State’s initial share                be carried out by any one of its membns,
 remains unused, it is essential that such State should
 return a significant proportion thereof to the reserve, in
 order to prevent a part of the Community tariff quota
 from remaining unused in one Member State while it
 could be used in others ;                                           HAS ADOPTED THIS REGULATION :
                                                                                               Article 1
 Whereas, since the Kingdom of Belgium, the Kingdom of                1.    From 16 June 198 8 to 14 February 1989, the           cusfctns
 the Netherlands and the Grand Duchy of Luxembourg                duty applicable to imports of the following product
 are united within and jointly represented by the Benelux            shall be suspended at the level and within the limit of a
 Economic Union, any measure concerning the adminis-                 Community tariff quota as shown below :
                      Combined                                                                      Quota volume     Quota duty
       Order No       Notitene latun >                     Description
                                                                                                      (tonnes)          (%)
                        code
       09.000 ¿        0302   40  90   Herring , whole , headless or in
                       0303   50  90
                                       pieces , fresh , chilled or frozen
                    exQ304    10  99
                       0304   90  25
                                                                                                       34 000            0
2. Within the limit of this tariff quota, the Kingdom of             3.     The second part, constituting the reserve, shall
Spain and the Portuguese Republic shall apply duties                 consist of 8 500 tonnes.
which are calculated according to the relevant provisions
laid down in the 1985 Act of Accession .
                                                                                                Article 3
3. Imports of herrings shall not be charged against this
tariff quota if they are already free of customs duties
under other preferential tariff treatment.                            If an importer who intends to import the products in
                                                                     question into Greece, Ireland, Italy, Portugal or Spain
4. The use of the tariff quota referred to in paragraph 1            requests the benefit of the quota, the Member State
shall be subject to compliance with any reference price              concerned shall draw a quota share equal to these needs
which may be fixed.                                                  from the reserve, to the extent that the reserve so permits.
                         '   Article 2                                                         Article 4
1 . The Community tariff quota referred to in Article 1              1.     If a Member State has used 90 % or more of its
( 1 ) shall be divided into two parts.                               initial share as fixed in Article 2 (2), or of that share
                                                                     minus any portion returned to the reserve pursuant to
2.      The first part, amounting to 25 500 tonnes, shall be         Article 6, it shall forthwith, by notifying the Commission,
allocated among certain Member States ; the shares which,            draw a second share, to the extent that the reserve so
subject to Article 6, shall be valid from 16 June 198 8 to           permits, equal to 10 % of its initial share, rounded up as
14 February 198$ shall be as follows :                               necessary to the next whole number.
                                          (tonnes)
                                                                     2. If a Member State, after exhausting its initial share,
             Benelux                        893                      has used 90 % or more of the second share drawn by it,
             Denmark                   1 7 603                       that Member State shall forthwith, under the conditions
             Germany                     5 500                       set out in paragraph 1 , draw a third share equal to 5 % of
             France                         859                      its initial share, rounded up as necessary to the next
             United Kingdom                 645                      whole number.
 ---pagebreak---  3. If a Member State, after exhausting its second share,        It shall, not later than 20 November 1 98 8 inform the
 has used 90 % or more of the third share drawn by it,           Member States of the amount still in reserve, following
that Member State shall , under the conditions set out in        any return of shares pursuant to Article 6.
 paragraph 1 , draw a fourth share equal to the third.
                                                                 It shall ensure that the drawing which exhausts the
This process shall apply until the reserve is used up.           reserve does not exceed the balance available, and to this
                                                                 end shall notify the amount of that balance to the
4.     By way of derogation from paragraphs 1 , 2 and 3,         Member State making the last drawing.
each Member State may draw shares lower than those
specified in those paragraphs if there are grounds for                                     Article 8
believing that those specified may not be used in full.
Any Member State applying this paragraph shall inform            1 . Member States shall take all appropriate measures to
the Commission of its grounds for so doing.                      ensure that additional shares drawn pursuant to Article 4
                                                                 are opened in such a way that importations may be
                          Article 5                              charged without interruption against their accumulated
                                                                 share of the Community quota.
Additional shares drawn pursuant to Article 4 shall be           2. Member States shall ensure that importers of the
valid until 14 February 1 98 9 _                                 product in question have free access to the shares allo¬
                                                                 cated to them .
                          Article 6
                                                                 3. Member States shall charge imports of the product
Member States shall , not later than 15 November 1988            in question against their shares as and when the product
return to the reserve the unused portion of their initial        is  entered     with  the   customs   authorities for  free
shares which, on 1 November 198 8 is in excess of 10 %           circulation .
of the initial volume. They may return a greater portion if      4. The extent to which a Member State has used up its
there are grounds for believing that it may not be used in       share shall be determined on the basis of the imports
full .
                                                                 charged against it in accordance with paragraph 3.
Member States shall, not later than 15 November 1988
notify the Commission of the total quantities of the                                       Article 9
product in question imported up to and including 1
                                                                 When so requested by the Commission, Member States
November 198'8 and charged against the Community
                                                                 shall inform it of imports actually charged against their
quota, and of any portion of their initial share returned to     shares.
the reserve.
                                                                                           Article 10
                          Article 7
                                                                 Member States and the Commission shall cooperate
The Commission shall keep an account of the shares               closely to ensure that this Regulation is complied with.
opened by the Member States pursuant to Articles 2, 3
and 4 and shall, as soon as the information reaches it,                                    Article 11
inform each Member State of the extent to which the
reserve has been used up.                                        This Regulation shall enter into force on 16 June 198 8 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                               For the Council
                                                                                The President
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d ' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Carmunauté .