CELEX: 31987R4178
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4178/87 of 21 December 1987 opening and providing for the administration of a Community tariff quota for certain prepared or preserved sardines falling within subheading ex 1604 13 10 or ex 1604 20 50 of the combined nomenclature and originating in Tunisia (1988)

31 . 12 . 87                                     Official Journal of the European Communities                               No L 399 / 17
                                                COUNCIL REGULATION (EEC) No 4178 / 87
                                                              of 21 December 1987
                     opening and providing for the administration of a Community tariff quota for certain prepared
                     or preserved sardines falling within subheading ex 1604 13 10 or ex 1604 20 50 of the
                                            combined nomenclature and originating in Tunisia ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   nomenclature based on the International Convention on the
                                                                            Harmonized Commodity Description and Coding System ;
                                                                            whereas this Regulation must take account of that fact by
Having regard to the Treaty establishing the European                       indicating the combined nomenclature codes and , where
Economic Community, and in particular Article 113                           appropriate , the Taric code numbers of the products
thereof,
                                                                            concerned ;
Having regard to the proposal from the Commission ,                         Whereas equal and continuous access to the quota should be
                                                                            ensured for all Community importers and the rates laid down
                                                                            for the quota should be applied consistently to all imports of
Whereas the Cooperation Agreement between the European                      the products in question into all the Member States until the
Economic Community and the Republic of Tunisia ( J ),                       quota is exhausted ; whereas in this case the quota should not
supplemented by Council Regulation (EEC) No 1080 / 83 of                    be allocated among the Member States , without prejudice to
 18 April 1983 laying down the arrangements applicable to                   the drawing against the quota volume of such quantities as
trade between Greece and Tunisia ( 2 ) and the Additional                   they may need , under the conditions and according to the
protocol to the Cooperation Agreement between the                           procedure laid down in Article 1(2 ); whereas this method of
European Economic Community and the Republic of                             administration requires close cooperation between the
Tunisia ( 3 ), provides that certain prepared and preserved                 Member States and the Commission and the latter must in
sardines falling within code No ex 1604 13 10 or ex                         particular be able to monitor the rate at which the quota is
 1 604 20 50 of the combined nomenclature and originating in                used and inform the Member States accordingly;
Tunisia may be imported into the Community free of duty;
whereas the detailed arrangements must be fixed by an
Exchange of Letters between the Community and Tunisia ;                     Whereas since the Kingdom of Belgium , the Kingdom of the
                                                                            Netherlands and the Grand Duchy of Luxembourg are united
whereas, since that Exchange of Letters has not yet taken
                                                                            within and jointly represented by the Benelux Economic
place, the Community arrangements which applied in 1987
should be renewed until 31 December 1988 ; whereas a                        Union , any operation concerning the administration of the
duty-free Community tariff quota of 100 tonnes should                       quota shares allocated to that economic union may be carried
                                                                            out by any one of its members ,
therefore be opened ; whereas this tariff quota is to apply
from 1 January 1988 either until the conclusion of the
Exchange of Letters provided for in Article 18 of the
Cooperation Agreement between the European Economic
Community and the Republic of Tunisia or until Community                    HAS ADOPTED THIS REGULATION :
import arrangements for the products concerned are applied ,
but at the latest until 31 December 1988 ;
                                                                                                       Article 1
Whereas , within the limits of the tariff quota , the Kingdom of
Spain and the Portuguese Republic are to apply duties
calculated in accordance with Council Regulation (EEC ) No                  1.     From 1 January 1988 until the conclusion of the
2573 / 87 of 11 August 1987 laying down the arrangements                    Exchange of Letters referred to in Article 18 of the
for trade between Spain and Portugal on the one hand and                    Cooperation Agreement between the European Economic
Algeria, Egypt, Jordan , Lebanon, Tunisia and Turkey on the                 Community and the Republic of Tunisia or until Community
other (4 );                                                                 import arrangements are applied , but at the latest until 31
                                                                            December 1988 , the customs duty applicable to imports into
                                                                            the Community of the following products originating in
Whereas from 1 January 1988 the nomenclature used in the                    Tunisia shall be suspended at the level indicated and within
Common Customs Tariff will be replaced by the combined                      the limits of a Community tariff quota as shown below:
(*)  OJ No  L 265 ,  27 . 9 . 1978 , p. 1 .
(2 ) OJ No  L  120 , 6 . 5 . 1983 , p. 1 .
(3)  OJ No  L 297 ,  21 . 10 . 1987 , p . 36 .
(4)  OJ No  L 250 ,  1 . 9 . 1987 , p. 1 .
 ---pagebreak--- No L 399 / 18                             Official Journal of the European Communities                                      31 . 12 . 87
     Order No            CN code                               Description                           Amount of quota     Quota duty
                                                                                                         (tonnes)            (% )
09.1201                                Prepared or preserved fish , caviar and caviar substitutes
                                       prepared from fish eggs:
                    ex 1604 13 10      — sardines of the species Sardina pilchardus                        100               Free
                    ex 1604 20 50
Within the limits of this tariff quota the Kingdom of Spain              3.    Member States shall charge imports of the goods
and the Portuguese Republic shall apply customs duties                   against their drawings as and when the goods are entered
calculated in accordance with the relevant provisions of the             with the customs authorities for free circulation .
Protocol to the Cooperation Agreement between the
European Economic Community and the Republic of                          4.    The extent to which the quota has been used up shall be
Tunisia consequent on the accession of the Kingdom of Spain              determined on the basis of the imports charged in accordance
and the Portuguese Republic of the Community .                           with paragraph 3 .
2.     If an importer gives notification of imminent imports
of the product in question into a Member State and applies to
take advantage of the quota , the Member State concerned
                                                                                                    Article 3
shall inform the Commission and draw an amount
corresponding to its requirements to the extent that the
available balance of the reserve so permits .                            At the request of the Commission , Member States shall
                                                                         inform it of imports actually charged against the quota .
3.     The shares drawn pursuant to paragraph 2 shall be
valid until the end of the quota period .
                                                                                                   Article 4
                           Article 2
                                                                         The Member States and the Commission shall cooperate
1.     Member States shall take all appropriate measures to              closely to ensure that this Regulation is complied with .
ensure that their drawings pursuant to Article 1 (2) enable
imports to be charged without interruption against their
accumulated shares of the Community quota .
                                                                                                   Article 5
2.     Each Member State shall ensure that importers of the
product concerned have free access to the quota for such time
as the residual balance of the quota volume so permits .                 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 , 21 December 1987 .
                                                                                            For the Council
                                                                                             The President
                                                                                             B. HAARDER