CELEX: 51986PC0441
Language: en
Date: 1986-09-11
Title: Draft COUNCIL REGULATION opening, allocating and providing for the administration of Community tariff quotas for sardines, Tunny and mackerels, prepared or preserved falling within heading No ex 16.04 of the Common Customs Tariff from Portugal (1987) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 441
Vol. 1986/0191
 ---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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(86) 441 final
                                                 Brussels, 11 September 1986
                                    Draft
                             COUNCIL REGULATION
  opening, allocating and providing for the administration of Community
       tariff quotas for sardines, Tunny and mackerels, prepared or
            preserved falling within heading No ex 16.04 of the
                 Common Customs Tariff from Portugal (1987)
                (submitted to the Council by the Commission)
C0MC86) 441 final
 ---pagebreak---                                                   E x p l a n a t o r y m em orandum
1.             A r t i c l e 3 6 2 o f t h e A c t c o n c e r n in g t h e c o n d it i o n s o f a c c e s s io n o f
               t h e K in gd om o f S p a in a n d t h e P o r t u g u e s e r e p u b l i c a n d t h e
               a d ju stm e n ts t o th e T r e a t ie s p r o v id e s t h a t t h e f o llo w in g p r o d u c ts
               f r o m P o r t u g a l c a n b e im p o r t e d a n n u a l l y d u t y f r e e i n t o t h e
               C om m u n ity o f T e n .
N o o f t h e Common                        D e s c r ip tio n                                                    Q u a n t it y
C u sto m s T a r i f f                                                                                           in to n n e s
1 6 .0 4                                    P rep a red o r p r e s e r v e d f i s h , in c lu d in g
                                            c a v ia r and c a v ia r s u b s t it u e s :
                                            D. S a r d in e s                                                        5 000
                                            E . Tunny                                                                1 000
                                      e x F . B o n it o (S a r d a s p p . ) ,     m ackerel :
                                                  an d a n c h o v is
                                                  - M ackerel                                                        1 000
T h e r e f o r e , t h e s e t a r i f f q u o ta s s h o u ld b e o p en ed f o r 1 9 8 7 .
2.             T he p r o p o s a l f o r a r e g u l a t i o n o p e n in g t h e s e t a r i f f q u o ta s
               p r o v id e s - a s i s cu sto m a r y - f o r t h e d iv i s i o n o f e a c h o f t h e
               q u o t a v o lu m e s i n t o t w o i n s t a l m e n t s , t h e f i r s t b e i n g a l l o c a t e d
               am on g t h e M em ber S t a t e s a s q u o t a s h a r e s , t h e s e c o n d b e i n g h e l d a s
                a reserv e.
               T h e a l l o c a t i o n o f t h e v o lu m e s o f t h e f i r s t i n s t a l m e n t o f e a c h
               q u o ta s h o u ld b e b a s e d on t h e r u le s g e n e r a lly a p p lie d .                T h ese
                i n v o l v e c a l c u l a t i n g e a c h M em ber S t a t e ' s t o t a l i n p o r t s o v e r t h e
                l a s t t h r e e y e a r s a s a p r o p o r t i o n o f t o t a l C o m m u n ity i m p o r t s
               d u r i n g t h e s a m e p e r i o d a n d a p p l y i n g f o r e a c h M em ber S t a t e , t h e
               p e r c e n t a g e t h u s o b t a i n e d t o t h e v o lu m e o f t h e f i r s t i n s t a l m e n t .
                                                                                  4
                In t h i s p r o c e s s a c c o u n t w as a l s o ta k e n o f t h e f a c t t h a t c e r t a i n
               m em ber S t a t e s e f f e c t e d n o o r o n l y o c c a s i o n a l i n p o r t s d u r i n g t h e s e
               y ea rs.        I n v i e w o f t h e n e c e s s i t y o f a l l o c a t i n g t h e q u o t a v o lu m e s
                i n a n e q u i t a b l e m a n n e r t h e s e M em ber S t a t e s w e r e g r a n t e d s m a l l
               p e r c e n t a g e s r e p r e s e n t in g c o m m e r c ia lly e x p l o i t a b l e s h a r e s .
3.             A s r e g a r d s t h e m eth o d o f a d m i n i s t r a t i o n t o b e a p p l i e d b y a l l t h e
               M em ber S t a t e s , t h e C o m m is s io n p r o p o s e s t h e " G re y h o u n d s y s t e m " .
4.             Such i s        t h e p u r p o se o f t h e ap pend ed p r o p o s a l.
 ---pagebreak---                                        COUNCIL REGULATION (EEC)
                   opening, allocating and providing for the administration of Community tariff
                   quotas for certain prepared or preserved fish, falling within heading No ex 16.04
                                  of the Common Customs Tariff, from Portugal (1 9 8 7 )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                              1983     1984     1985
                                                                                       Sardines
  Having regard to the Treaty establishing the European                                                                     6.4
                                                               Benelux                                    7,4      6,7
  Economic Community, and in particular Article 28
                                                               Denmark                                    1,6      2,1      2.6
  thereof,                                                     Germany                                  28,3     23,1    28.1
                                                               Greece                                     0,2      0,1
                                                               France                                   21,4     17,0    19.0
                                                               Ireland                                    0,2      0,1     0.3
                                                               Italy                                      5,1      4,5     7.1
  Having regard to the draft Regulation submitted by the       United Kingdom                           35,8     46,4    36.5
  Commission,
                                                                                        Tunny
  Whereas Article 362 of the Act of Accession provides that    Benelux
  during the period of progressive elimination of customs      Denmark                                   —        —
                                                              Germany                                    —          1,1    0.7
  duties between the Community of Ten and Portugal
                                                              Greece                                     —        —        2.1
  prepared or preserved sardines, prepared or preserved        France                                     2,9      7,2     2.1
  tunny, prepared or preserved mackerel, falling within        Ireland                                   —        —
  headings No 16.04 D, E and ex F of the Common                Italy                                    97,1     91,7    35.1
  Customs Tariff from Portugal can be imported duty-free       United Kingdom                            —
                                                                                                                  —
 into the Community of Ten within the limits of annual
 Community tariff quotas of 5 000 tonnes, 1 000 tonnes
 and 1 000 tonnes respectively ; whereas these quotas                                  Mackerel
 should be opened for 1 9 8 7 .
                                                              Benelux                                   10,3       7,4     5.7
                                                              Denmark                                    —        —        -
                                                              Germany                                    —        —        -
                                                              Greece                                     —        —
                                                              France                                     —         0,3     ■*
 Whereas it is in particular necessary to ensure for all      Ireland                                    ____     ____     -
 importers of the Community of Ten equal and uninter­         Italy                                     89,7     90,0    94.3
 rupted access to the abovementioned quotas and uninter­      United Kingdom                             —         2,3     —
 rupted application of the rates laid down for these quotas
 to all imports of the products concerned into all these
 Member States until the quotas have been used u p ;          Whereas both these percentages and the estimates from
 whereas having regard to the above principles, the           certain Member States should be taken into account as
 Community nature of the quotas can be respected by allo­     well as the need to ensure that, in the circumstances the
 cating the Community tariff quotas among these Member        obligations provided for in the Act of Accession are allo­
 States; whereas, in order to reflect as accurately as        cated fairly among the Member States; whereas the
 possible the true trend of the market in the products        approximate percentages of the initial quotas shares may
concerned, such allocation should be in proportion to the     therefore be fixed as follows :
 requirements of the Member States, assessed by reference
to the statistics of each State’s imports from Portugal over                                 Sardines  Tunny   Mackerel
a representative reference period and also to the economic
outlook for the quota period concerned ;                      Benelux                           7,1       1,0    10,0
                                                              Denmark                           1,9       1,0      1,0
                                                              Germany                         31,1        3,0      1,0
                                                              Greece                            0,2      5 ,0      1,0
                                                              France                           15,0     10,0       1,0
Whereas, during the last three years for which statistics
                                                              Ireland                           0,3       1,0      1,0
are available, the corresponding imports of each Member
                                                              Italy                             4,8    7 7 ,0    84,0
State represent the following percentages of imports into
                                                              United Kingdom                  39,6        1,0      1,0
the Community from Portugal of the product in question.
 ---pagebreak---                                        -   2 -
Whereas, in order to take into account import trends for
the products concerned in the various Member States,
each of the quota amounts should be divided into two
instalments, the first instalment being allocated among
the Member States which have used up their initial quota
shares; whereas, in order to give importers in each
Member State a certain degree of security, the first instal­
ment of the Community quotas should, under the present
circumstances, be fixed at around 80 % of each of the
quota amounts ;
Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order to
take this fact into account and avoid any break in conti­
nuity, any Member State which has almost used up its
initial quota share should draw an additional quota share
from the corresponding reserve ; whereas this must be
done by each Member State as and when each of its addi­
tional shares is almost used up and repeated as many
times as the reserve allows ; whereas, the initial and addi­
tional quota shares must be valid until the end of the
quota period; whereas this method of administration
requires close cooperation between Member States and
the Commission and the latter must, in particular, be in a
position to monitor the extent to which the quota
volumes have been used up and to. inform the Member
States thereof ;
Whereas if, at a given date in the quota period, a substan­
tial quantity of one of the initial shares remains unused in
one or other Member State it is essential that that
Member State should return a significant proportion to
 the reserve to prevent a part of any Community quota
 from remaining unused in one Member State when it
 could be used in others;
Whereas, since the Kingdom of Belgium, the Kingdom of
 the Netherlands and the Grand Duchy of Luxembourg
 are united within and jointly represented by the Benelux
 Economic Union any operations relating to the adminis­
 tration of the quota shares allocated to that economic
 union may be carried out by any one of its members,
 HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                                              -· 3 -!
                                                             Article 1
    From 1 January to 31 December 1987, the applicable customs duties on
   importations into the Community of Ten for the following products shall
   be suspended at the levels and within the limits of the Community
   tariff quotas as shown herewith :
   Ì Order No            Common                     Description                            Quota                     Quota
   !
   i                     Customs                                                           volume                   duty
                         Heading                                                           in tonnes
     09.0501             16.04 D                  Sardines, coming                           5 000                   free
                                                  from Portugal
     09.0502            16.04 E                   Tunny, coming from                         1 000                   free
                                                  Portugal
     09.0503            ex 16.04 F                Mackerel, coming                           1 000                   free
                                                  from Portugal
                           Article 2                                     (b) The second instalment of each quota, namely
                                                                              1 000, 200 and 200 tonnes respectively, shall
1. Each of the tariff quotas referred to in Article 1 shall                   constitute the corresponding reserve.
be divided into two instalments.
2. (a) The first instalment of each quota shall be allocated                                    Article 3
       among the Member States ; the respective shares,
       which, subject to Article 5, shall be valid until 31          1.    If 90 % or more of one of the Member State’s initial
       December 1986, shall be as follows :                          shares as specified in Article 2 (2) or of that share minus
                                                                     the portion returned to the reserve, where Article 5 is
                                                         (in tonnes) applied, has been used up, then, to the extent permitted
                                                                     by the amount of the reserve, that Member State shall
                                       Prepared or preserved
             Member States                                           forthwith, by notifying the Commission, draw a second
                                 Sardines     Tunny      Mackerel    share equal to 10 % of its initial share, rounded up where
                                                                     necessary to the next unit.
       Benelux                      284           8          80      2.     If, after one of its initial shares has been used up,
       Denmark                       76           8         , 8      90 % or more of the second share drawn by a Member
       Germany                    ! 244          24            8     State has been used up, then, to the extent permitted by
       Greece                          8         40            8     the amount of the reserve, that Member State shall, in
       France                       600          80           .8     accordance with the conditions laid down in paragraph 1,
       Ireland                        12          8            8     draw a third share equal to 5 % of its initial share,
       Italy                        192        624          672      rounded up where necessary to the next unit.
       United Kingdom             1 584           8            8
                        Total     4 000        800          800
 ---pagebreak--- 3.    If, after one of its second shares has been, used up,    end, notify the amount of the balance to the Member
90 % or more of the third share drawn by a Member State        State making the last drawing.
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.                                                         Article 7
This process shall continue until the reserve is used up.      1. The Member States shall take all measures necessary
4.    By way of derogation from paragraphs 1, 2 and 3, a       to ensure that additional shares drawn pursuant to Article
Member State may draw shares smaller than those fixed in       3 are opened in such a way that imports may be charged
those paragraphs if there is reason to believe that these      without interruption against their accumulated shares of
might not be used up. It shall inform the Commission of        the tariff quotas.
its reasons for applying this paragraph.
                                                               2.    The Member States shall ensure that importers of
                                                               the products in question have free access to the shares
                           Article 4                           allocated to them.
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 December 198 7 .                       3.    The Member States shall charge the importers of the ■
                                                               products concerned against their shares as and when the
                                                               products are entered with customs authorities for free
                           Article 5
                                                               circulation.
The Member States shall return to the reserve, not later
than 1 October 198 7 the unused portion of their initial       4.    The extent to which a Member State has used up its
share which, on 15 September 198 7 is in excess of 20 %        share shall be determined on the basis of the imports
of the initial volume. They may return a larger quantity if    originating in Portugal, entered with customs authorities
there are grounds for believing that it might not be used.     for free circulation.
The Member States shall, not later than 1 October 1987
notify the Commission of the total quantities of the                                      Article 8
products concerned imported up to 15 September· 1987
and charged against the Community quotas and of any            At the Commission’s request the Member States shall
quantities of the initial shares returned to each reserve.     inform it of imports actually charged against their shares.
                           Article 6
                                                                                          Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3       The Member States and the Commission shall cooperate
and shall, as soon as it is notified, inform each State of the  closely to ensure that this Regulation is complied with.
extent to which the reserves have been used up.
 It shall inform the Member States, not later than 5
                                                                                         Article 10
October 198 '7of the amount in the reserve after quantities
have been returned thereto pursuant to Article 5.
                                                                This Regulation shall enter into force on 1 J a n u a r y 1 9 8 7 .
 It shall ensure that the drawing which exhausts the
 reserve does not exceed the balance available and, to this
                  This Regulation shall be binding in its          and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                            For the Council
                                                                             The President