CELEX: 51980PC0610
Language: en
Date: 1980-10-23
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) 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 (1981)#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 (1981) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 610
Vol. 1980/0193
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(80)610 final
                                            Brussels . 23rd October 1980
                PROPOSAL FOR A COUNCIL REGULATION ( EEC )
      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 < 1981 )
                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 ( 1981 )
             (presented by the Commission to the Council )
                                             <  •
                                              U­
                                               V :         '       ;
 C0M(80 ) 610 final
 ---pagebreak---                                             EXPLANATORY MEMORANDUM •,                       • • •                                 -
                                                –,                                         V                  v                          / *
                                                             "                               t
 1.                The > 197 8 Agreements between the Community and Morocco and Tunisia
                   provide that prepared and preserved sardines originating in those
       1 , countries may be admitted duty free into the Community on condition . •
         ' . that certain minimum prices are respected . The periods and the tech- ■
                   nical rules for application of this; system must be fixed by .exchanges
                   of letters between the contracting parties * Since these exchanges of
                   letters have not taken place the arrangements provided for in, the -
          • Agreements were hot implemented and those arising from the previous'
         ; . Association Agreements between the EEC and Morocco and Tunisia were *
                      .    .   .            .              . ]   .
                   maintained in force until 31 December 1977 .                                  1
                                      '   1            V *     «     '      '        »·  -   ·;,   -»             ;        .„ "            .
                 Jhe former arrangments ^in question providefor tariff treatment which
                . varies from one Member 'st, ate to another. .This treatment cannot be . . "
                   extended beyond that date , since                          is • incompatible - with the princi-7
 •
                   pies of the. customs union and • ;the
              « policy.' .                                             .;
                                                                           rules of the common commercial w, V ;
 2. From 1 January 1978 the Community replaced these arrangements by a'
      .            Community tariff quota system which takes the interests' involved
    '            - into account pending the,' conclusion o,f the, exchanges -of letters ' '
  •                which will enable the provisions of, the 1978 Agreements felating/.                                                               .
          • to prepared and preserved sardines to come into force .                                                   • '
 3. ^ As the .situation has not, changed' since                                                                         . Commission'
                   is proposing . that the Council extend the tariff quota system for '
 v - 198 land therefore approve the two "attached proposals for Regulations
. . on the opening, allocation and administration of Community tariff ' ; '
        : quotas in respect of prepared and preserved sardines falling within >
             : . subheading 16.04 D of the Common/Customs Tariff originatihg in'"' V'
  .        .
                   Morocco   .
                                 and
                                  ■
                                      Tunisia respectively' ;' I I             Χ Λ
                                                                                      ■? e i .          .·' ;   ·
                                                                                                                    ;  ■ ;        ν'"·       ....
                                        ....       . .             - .    J     >• t           ■ * •  •                                          - »
                   - for Morocco t - one tariff quotaof. 000'tonnea,/duty free/' M' •
                         .          • • "* ono tariff quota of 6.000 tonnes at 10%: ;
                  - for Tunisia : one tariff -quota of 100 tonnes, duty free." ; ' T •
                   This 1 9 the subject of the annexed proposals.                                                               ;      '
                       \
 ---pagebreak---     The proposals for regulations opening these tariff quotas provi e
    as is customary - for the" division of each of the quota volumes
    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 be based on the rules generally applied . These involve calcu­
     lating each Member . State 's total imports over the last three years
     as a proportion of total' Community imports during the same period ,
     and applying , for each Member State the percentages thus obtained
   'to the volume of the firsf instalment                     . "
               IMPORTATIONS OF PREPARED AND CONSERVED SARDINES
                       ORIGINATING IN MOROCCO AND TUNISIA
                                         - in tonnes -
                                     MOROCCO                              TUNISIA
                                                                  ή
  STATE
             y 1      1,1
             1     ».
             r– 197 ?               i <i?ë       1979      ~         1977 1978      1979
  8x     ; I            i 479      1 335     1   190
                                                                                         /
  DK                       78         105'         3
  0                       168     1 626      2 022                  . ––
  gr                      335 "      578         196 '
           [            7 322     6 603      7 . 100
                                                                           ι      ,
                                                                                      5°
           !
  IRL -                    42           42         S ■ \ :
  11                       20           88        33 ..               -
                                                       ■ –  !
,i)K                    1 126    .1  531     3 173 *
  CE             .    11        11 906      13 662                    –    –    •     50
                                                                             f
 ---pagebreak--- The tariff quotas concerned might be modified in the context of the
present negotiations with the contracting country in view of the
conclusion of an Adaptation Protocol to the abovementioned Agreement
Awaiting the results , the proposed Regulations permit the respect of
the engagements contracted by the Community .
                                               /
                                       /                             ,
The Commission reserves the possibility of modifying the proposal
during the procedure / if necessary ,- to adapt it to the Adaptation
Protocol .
 ---pagebreak---                                                                                                   ANNEX A
                                                   Proposal for a
                                         COUNCIL REGULATION (EEC) '
                 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 ( 198^ J
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            to the economic outlook for the quota period in
                                                                      question ;
  Having regard to the Treaty establishing the European               Whereas, during the last three years tor which statistics
  Economic Community, and in particular Article 113                   are available the corresponding imports into each of the
  thereof.                                                            Member States represent the following percentages of
                                                                      the imports into the Community from Morocco of the
                                                                      products concerned;
  Having regard to the proposal from the Commission,
                                                                                Member States           197J          "3            197Ç
 Whereas the Cooperation Agreement between the
  Community and Morocco provides that prepared and                     Bénélux                    il 2 . 8          11.2 | 8.7
  preserved sardines, falling within subheading 16.04 D of             Denmark                       0.8             0.9          0.1
  the Common Customs Tariff and originating in Moroc­                  Germany                     10.0             13.7        14.8
  co, may be imported into the Community free of duties;               Greece                        2.9             4.8          1.4
  whereas the detailed arrangements must be fixed by an                rrancc
                                                                                                  P3.2              55.4       51.9
  exchange of letters between the Community and                        Ireland                       0.4             0.4          0.1
  Morocco; whereas, since this exchange of letters has not             Italy                         0.2             0.8          0.3
  yet taken place, it is advisable to renew for 1981 the
  Community arrangements which were applied in 1S80 ;
 whereas these arrangements provide for the opening of
                                                                       United Kingdom                9.7         j 12.8
                                                                                                                  I
                                                                                                                              |22.7
  two Community tariff quotas for importations into the
  Community of the products in question, one duty free
  tariff quota of 14 000 tonnes and the other of 6 000                Whereas, in view of these factors and of the estimates
  tonnes at a rate of duty of 10 %; whereas these tariff              submitted by certain Member States, initial shares may
  quotas are to apply from 1 January 198 1 until the                   be fixed approximately at the following percentages: ,
  conclusion of the exchange of letters provided for in
  Article 19 of the Cooperation Agreement between the
                                                                                                        0/ the quota         of the quota
  Community and Morocco, until such time as                                     Member States      | of 14 000 tonnes      of 6 000 tonnes
  Community arrangements for imports of the products                                          __l
  in question are applied, or until 31 December 1981 .
  whichever     shall  be    the   earliest;   whereas    these
                                                                       Bénélux                        " 10.8 !                 10.8
  Community tariff quotas should therefore be opened;                  Denmark                        ;     0.5        !          0.5
                                                                       Germany                           12.9          î        12.9
                                                                      <FfaS& ce                          sH                    sH
  Whereas it is in particular necessary to ensure for all              Ireland                              0.3                   0.3
  Community importers equal and uninterrupted access
  to the abovementioned quotas and uninterrupted                       Italy                                0.4        |          0.4
" application of the rates laid down for these quotas to all           United Kingdom                     15.6           ... 15 " 6
   imports of the products concerned into all Member
   States until the quotas have been used up ; whereas,
   having regard to the principles mentioned abpye, .the
   Community nature of the quotas can beVespected by                   Whereas, in order to take into account import trentas
   allocating the Community tariff quotas among the                    for the products concerned in the.sarious Member
   Member States; whereas, in order to reflect as                      States, each quota should be divided into two
   accurately as possible the true trend of the market in the          instalments, the first being shared among the Member
   products in question, such allocation should be in                  States and the second constituting a reserve to cover at a
   proportion to the requirements of the Member States,                later date the requirements of the Member States which
   calculated by reference to the statistics for imports from          have used up their initial quota shares ; whereas, in
   Morocco over a representative reference period and also             order to give importers in each Member State a certain
 ---pagebreak---                                                  - 2 -
degree o£ security, the ' first instalment of the
Community quotas should under the circumstances, be
fixed at 90 % respectively of the quota volumes;
Whereas the Member States' initial shares ni.iy be used
•in at different times; whereas, in order to take this fact
 into account and avoid any break in continuity, any
 Member State which has almost used up its initial quota
sh.ircs should draw ■ an additional share from the '
corresponding 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 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 the
Commission, and the latter must be in a position to
monitor the extent to which the quota amounts have
been used up and to inform Member States thereof; 1
Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member
State it is essential that that Member State should return
a significant proportion to the corresponding reserve, to
prevent a part of any tariff quota from remaining
unused in one Member' State when it could be used in        •
others;
Whereas, since the Kingdom of Belgium, the Kingdom , i
of the Netherlands and the Grand Duchy of '<
Luxembourg are united in and represented by the
Benelux Economic 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,                                      ,          .
HAS ADOPTED THIS REGULATION:
                           Article 1
1 . From 1 January 1981 until the conclusion of the            !
exchange of letters referred to in Article 19 of the
Cooperation Agreement between the Community and               I
Morocco, until such time as Community import
arrangements arc applied or until 31 December 1981 ,
whichever shall be the earliest, a duty-free Community
tariff quota of 14 000 tonnes shall be opened for
 imports into the Community of prepared or preserved
 surdities falling within subheading 16.04 D of the
 Common Customs Tariff and originating in Morocco.
2. From 1 January 198 1 until the conclusion of tue
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 19 >J -j ,
 ---pagebreak---                                                           - 3 -
whichever shall be the earliest, a Community tariff
quota of 6 000 tonnes at a duty rate of 10 7o shall be
opened for imports into the Community of prepared or 1
preserved sardines, falling whhin subheading 16.04 D of'
the Common Customs Tariff and originating in
Morocco.                             .                                j
 Within the limits of these tariff quotas , Greece shall apply duties
 calculated in accordance with the relev^t provi sions in the Act of
 Accession                                                              ; • *
                             Article 2
  1 . The tariff quotas laid down in Article 1 shall be
  divided into TWO instalments.
  2. A first instalment of each quota shall be shared 1
  among the Member States; the respective shares which,
  subject to Article 5 , shall be valid until the end of the
  period specified in Article 1 shall be as follows:
                                                                (tonnes)
              Member Sum   '         Artide 1 ( 1 )  ¡  Anide 1 (2)
                                                   rm
  Bénélux'                          1 360                580
  Dcnmark                             ■     60             30
  Germany
        Greece                      1 518                «8
  France                            7 100              3 050
  Ireland                  ^                40              15
  Italy                                '    50              25
  United Kingdom                    1 970                840 _
                                  1
   \                     Total , '       12 600          •5 400 -
   3 . The second instalment of each quota, i.e. 1 400 and
   600 tonnes respectively,               shall     constitute      the
   corresponding reserve.                       •
                             Article 3
   1.     If 90 % or more of a Member State's initial share as
   specified in Article 2 (2), or 90 % of that share minus
   the portion returned to the corresponding reserve where
   Article 5 has been applied, has been used up, then, to
   the extent permitted by the amount of the reserve, that
    Member State shall forthwith, by notifying the
   Commission, draw a second share equal to 10 % of its
    initial share, rounded up where necessary to the next
    unit.                                         V
    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 that Member State shall, in
    accordance with the conditions laid down in paragraph
     1 , draw a third share equal to 5 % of its initial share,
   rounded up where necessary to the next unit.
 ---pagebreak--- 3 . If, after its second share has been used up, 90 % or          It shall inform the Member State-*. not later than
more of the third share drawn by a Member State has               5 October 1981 of the amount in raih reserve after
been used up, that Member State shall, in accordance              quantities have been returned thereto pursuant to
with the conditions laid down in paragraph 1 , draw a             Article 5 .
fourth share equal to the third.
                                                                   It shall ensure that the drawing which exhausts any
This process shall continue until the reserve is used up.          reserve docs 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 , a           Member State making $hc last drawing.
Member State may draw shares smaller than those fixed
in those paragraphs if there is reason to believe that
they might not be used up. It shall inform the                                              Article 7
Commission of its reasons for applying this paragraph.
                                                                   1 . The Member States shall take all measures necessary
                                                                   to ensure that additional shares draw pursuant to
                                                                   Article 3 are opened in such a way that imports may be
                          Article 4                                charged without interruption against their accumulated
                                                                   shares of the tariff quota.
Each of the additional shares drawn pursuant to Article
3 shall be valid until the end of the period laid down in          2. The Member States shall ensure that importers of the
Article 1 .                                                        products in question established in their territory have
                                                                   free access to the shares allocated to them.
                          Article S                                3 . The extent to which a Member State has used up its
                                                                   shares shall be determined on the basis of the imports of
The Member States shall return to the reserve, not later         - the products concerned originating in Morroco and
                                                                   entered with customs authorities for free circulation.
than 1 October 1981, such unused portion of their
 initial share as, on 15 September 198 \ is in excels of
 20 % of the initial volume. They may return a larger
                                                                                            Article 8
 quantity if there are grounds for believing that this
 quantity may not be used.                      ^\
                                                                   At the Commission's request, the Member States shall
 The Member States shall notify the Commission, not                inform it of imports of the products concerned actually
 later than 1 October 1981 , of the total quantities of the        charged against their shares.
 products in question imported up to 15 September 198 1
 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
                                                                   closely to ensure that this Regulation is complied with.
                           Article 6
The Commission shall keep an account of the shares                                         Article 10
opened by the Member States pursuant to Articles 2 and
3 and, as soon as it is notified, shall inform each State          This Regulation shall enter into force on 1 January
of the extent to which the reserves-.have been used up.            1981 .
                This Regulation shall be binding injts entirety and directly applicable in all Member States.
                Done at Brussels,
                                                                                       For the Council
                                                                                        The President •
 ---pagebreak---                                                                                             ANNEX B
                                                      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 ( 19SJ )
  H IF. COUNCIL OF THE EUROPEAN COMMUNITIES,                      a representative reference period and jlvo to the
                                                                  economic outlook for the quota period in question;
 Having regard to the Treaty establishing the European            Whereas, during the last three year* for which itatjitus
 Economic Community, and in particular Article 113                are available, the corresponding import* into each of
 thereof,                                                         the Member States represent the following percentages
    f
                                                                  of imports into the Community from Tunisia oj the
                                                                  products concerned:
Having regard to the proposal from the Commission,
                                                                            ManberSuta          VtfJ      1*7 8     1VJ
Whereas the Cooperation Agreement between the                     Bénélux
Community and Tunisia provides thdt prepared and                  Denmark                   I
preserved sardines, falling within subheading 16.04 D of
                                                                                                           -
the Common Customs Tariff and originating in Tunisia               Germany
may be imported into the Community free of duties ;                „    G reece
                                                                  France                                           100
whereas the detailed arrangements must be fixed by an                                                             (=50 t )
exchange of letters between the Community and                      Ireland
Tunisia ; whereas, since this exchange of letters has not
yet taken place, it is advisable to renew for the year             Italy                                              -
 198 1 the Community arrangements which were applied
in 198Q whereas these arrangements provide for the
                                                                   United Kingdom                               ] -
opening of a Community tariff quota, for. the
importation into the Community of the products in .               Whereas      these   data  cannot   be   considered    as
question, of 100 tonnes free of duty; whereas , these             representative and cannot serve as a basis for allocation
tariff quotas are to apply from 1 January 1981 until the          of the quota among the Member States; whereas it is
conclusion of the exchange of letters provided for in             difficult to forecast the Member States' imports for
Article 18 of the Cooperation Agreement between the               1980 because of the absence of any pattern in previous
Community and Tunisia, until such time as Comrr^unity             years; whereas in order that the quota may be allocated
arrangements for imports of the products in question              fairly, the initial quota shares may be fixed
are applied, or until 3 1 December 1981 , whichever shall         approximately at the following percentages:
be the earliest; whereas these Community tariff quotas
 should therefore be opened;                         v ";                                                            10
                                                                         Bénélux
                                                                         Denmark                                      3
                                                                         Germany                                     15
 Whereas it is in particular necessary to ensure for all                 M£? ce
 Community importers equal and uninterrupted access to                   Ireland                                      3
 the abovementioned quota and uninterrupted                                                                           4
                                                                         Italy
 application of the rate laid down for that quota to all                                                            15
  imports of the products concerned into all Mefnber                     United Kingdom
 Sntes until the quota has been used up; whereas, having
  regard to the above principles, the Community r^ature           Whereas, in order to take into account import trends
 of the quota can be respected by allocating :, the               for the products concerned in the various Member
 Community tariff quota among the Member States ;                 States, each of the quota amounts should be divided
 whereas, in1 order to reflect as accurately as possible the      into two instalments, the first being shared among the
 true trend of the market in the products in question,            Member States and the second constituting a reserve to
 such allocation should be in proportion to the                   cover at a later date the requirements of the Member
 requirements of the Member States,, calculated '■ by             Slates which have used up their initial quota shares ;
 reference to the statistics for imports from Tunisia over        whereas, in order to give importers in each Member
 ---pagebreak---                                                                 - s -
       State a certain <ic <;rcc of security, the first instalment of
       the Community quota might under ths circumstances be r
       fixed at 80 % of the quota volume;              .. .
                                                       -
       Whereas the Member States' initial shares msj; be used
       up at different times; whpreas, in order to r.ike.;his f.sct
       into account ai:<! avoid any break in continuity, any
.I     Member State which has Almost used up its initial quota
 \ -   share should draw an additional share from the 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 the initial and additional shares must be valid–
      until the end of the quota period ; whereas this method
      of administration requires close cooperation bcrween
      the Member States and the Commission, and the latter
      must be in a position to monitor the extent to which the
      quota volume has been used up anfi 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 Mdmber State, it is ess'ential that that Member :
       State should return a significant proportion to the
       reserve to prevent a part of any tariff quota from ;
       remaining unused in one Member State when it could ,
       be used in others ;
       Whereas, since the Kingdom of Belgiun), the Kingdom
       of    the   Netherlands      and   the. Grand        Duchy   of
       Luxembourg arc united in and represented; j'by the !
       Benelux Economic Union, any operation relating to the ,
       administration of the quota shares allocated < to that j
       economic union may be carried out by any' of its j
       members,                                              >■        !
        HAS ADOPTED THIS REGULATION:
                                  Article I                  '        -■
                                   »          '  *           "1
       from I January 1981 until the conclusion' of the
       exchange of letters referred to in Article 1 ? of the -
       < '«H>peration Agreement between the Community and
       1 imiM.i, . until such time as Community import
     , arrangements are applied, or until 31 December 1981 , '
       whichever shall be the earliest, a duty-free Community - j
       uritl quota of 100 tonnes shall be opened for imports '
       into the Community of prepared or preserved Sardines,
       falling within subheading 16.04 D of the Common
       Customs Tariff and originating in Tunisia.
      Within the limits of this tariff quota , Greece                        shal^apply duties
      calculated in accordance with the relevant provisions i rv the Act o.f
      Accession "                 '■                     ~T " ~            "
 ---pagebreak---                           Artide 2
 1 . The tariff quoin referred to in Article 1 shall be
divided into two instalments .--
 2 . A ftf%t instalment, amounting to 80 tonnes of the ?
 ( '(immunity tariff quota referred to in Article 1 , shall be |
 allocated amoni! the Member States ; the shares, which •
 »ub|ect to Article 5 »hall be valid untii the end of the i
 period specified in Article 1 , shall be as follows:
                                                    (tonnes)
        llenelux                     *                  8' ' j
        Denmark                                         2      . \
       Germany                                         12
       FrGidÇece                                      382
       Ireland                                          2
       Italy                                            4
       United Kingdom                                  12
3 . The second instalment of 20 tonnes shall constitute
the reserve.
                          Article 3
1 . If 90 % or more of a Member State 's initial share as
specified in Article 2 (2), or 90 % of that share minus
the portion returned to the reserve where Article 5 has
been applied, has been used up, then, to the extent
permitted by > the amount of the reserve, that Member
State shall 'forthwith, by notifying the Commission,
draw a second share equal to 15 % of its initial share,
rounded up where necessary to the next unit.
2 . If, after one of its initial shares has been used up,
90 % or more of the second share dra wn by a Member^
State has been used up, then , to the extent permitted by
the amount of the reserve, that Member State shall , in '
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.                '
3 . If, after one of its second shares has been used up,
90 % or more of the third share drawn by a Member
State has been used up, that Member State shall, in
 accordance with the conditions laid down in paragraph
  1 , draw a fourth share equal to the third.
This process shall continue until the reserve is used up.
 ---pagebreak---                                                            - 4 -
   4. By way of derogation from paragraphs 1 , 2 and 3 , a
   Member State may draw shares smaller than those fixed
   in those paragraphs if there is reason to believe that
   they might not be used up. It shall inform the
   C .ummiMion of it* reasons for applying this paragraph.
                              Article 4
    The additional shares drawn pursuant to Article 3 shall
    be valid until the end of the period specified in Article 1 .
                             Article S                                                        Article 7
llic Mcmb'cr States shall return to the reserve, not later           1 . The Member States shall take all measures necessary
 than 1 October 198 1 , such unused portion of their                 to ensure that additional shares drawn pursuant to
 initial share as, on 15 September 198 ^, is in excess of            Article 3 are opened in such a way that imports may be
 20 % of the initial volume. They may return a larger                charged without interruption against their accumulated
quantity if there arc grounds for believing that this                shares of the tariff quota.
quantity may not be used.
                                                                     2. The Member States shall ensure that importers of the
The Member States shall notify the Commission, not                   products in question established in their territory have
later than 1 October 1981 of the total quantities of the             free access to the shares allocated to them.
products in question imported up to 15 September 1981
and charged against the tariff quota and of any quantity             3 . The extent to which a Member State has used up its
of the initial shares returned to the reserve.                        shares shall be determined on the basis of the imports of
                                                                      the products in question originating in Tunisia entered
                                                                      with customs authorities for free circulation.
                             Article 6
                                                                                               Article 8
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and                At the Commission's request, the Member States shall
3 .yid, as soon as it is notified, shall inform each                  inform it" of imports of the products concerned actually
Member State of the extent to which the reserve has                   charged against their shares.
been used up. .
                                                                                               Article 9
It shall inform the Member States, not later than 5
October 1981 ,           t'ie amount in the reserve after
quantities have been returned thereto pursuant to                   ' The Member States and the Commission shall cooperate
Article 5 .                                                           closely to ensure that this Regulation is complied with.
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 th?t balance to the                    This Regulation shall enter into force on 1 January
Member State making the last drawing.                                 1981.
                                                                  Λ
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels.
                                                                                         For the Council
                                                                                          The President