CELEX: 51987PC0601
Language: en
Date: 1987-11-30
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for certain kinds of prepared and preserved fish falling within codes ex 1604.13-10, ex 1604.20-50, 1604.14-10, 1604.19-30, 1604.20-70, 1604.15-10, 1604.19-50 and ex 1604.20-50 of the Combined Nomenclature, from Portugal (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 601
Vol. 1987/0289
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
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Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, 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 or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM ( 87 ) 601 final
                                             Brussels , 30 November 1987
                                 Proposai for a
                            COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of       Community
 tariff quotas for certain kinds of prepared and preserved fish falling
    within codes ex 1604.13-10 , ex 1604.20-50 , 1604.14-10 , 1604.19-30 ,
        1604.20-70 , 1604.15-10, 1604.19-50 and ex 1604.20-50 of the
                Combined Nomenclature , from Portugal ( 1988 )
                        ( submitted by the Commission )
C0M(87 ) 601 final
 ---pagebreak---                               EXPIAI-IATORY MEMORANDUM
1 . Article 362 of the Act concerning the conditions of accession of the
    Kingdom of Spain and the Portuguese Republic and the adjustments to the
    Treaties provides that the following products from Portugal ray be
    imported annually into the Community as constituted on 31 December 1985 ,
    free of Common Customs Thrift duties up to the limits indicated below :
    Combined              Description                       Quantities
    Nomenclature                                            ( tonnes )
    code
       16.04              Prepared or preserved fish ;
                          caviar and caviar substitutes
                          prepared from fish eggs :
    ex 1604.13-10         - sardines on the species         ) 5 000
    ex 1604.20-50           " Sardina pilchardus "          )
       1604 . 14-10       - tunas and skipjack              )
       1604.19-30         - fish of the genus "Euthynnus ", ) 1 000
                            other than skipjack             )
       1604 . 20-70       - tunas , skipjack and other      )
                            fish of the genus " Euthynnus " )
       1604 . 15-10       - mackerel of the species         )
                            " Scomber scornbrus " and       )
                            " Scomber japonicus )           )
       1604 . 19-50       - fish of the species             ) 1 000
                            " Orcynopsis unicolor"          )
    ex 1604.20-50         - mackerel of the species         )
                            " Scomber scornbrus " and       )
                            " Scomber japonicus " and       )
                            fish of the sjuecies            )
                            " Orcynopsis unicolor "         )
    Therefore , these tariff quotas should be opened for 1988 .
 ---pagebreak---                                       -з
2 . The Commission is aware that thè transposition of certain tariff
    concessions fran thè Coni non Custans Tari.EE to thè Cotrtbinai tortene La tu re
    might raise nroblems v/hieh would need to be settled between thè
    interested parties . It thereEore reserves thè right to amend its
    proposai in thè course oE thè procedure so as to adapt it , where
    appropriate , to requirements .
3 . The proposal for a Regulation opening the tariff quotas provides , as is
    custanary , for the division of the quota volume into two parts , the
    first being allocated among the Member States as quota shares , the
    second being held as a reserve .
    As regards the distribution of the first part of each quota , account has
    been taken of the fact that there have been either no imports or only
    occasional imports into certain Member States in recent years . Initial
    shares have therefore been al locate! only to the importing Member
    States , with the other Menber States being guaranteed access to the
    tariff quotas once imports by than of tine products concerned have been
    notified .
4 . As regards the method of administration to be applied by ail the Member
    States , the Commission proposes the System of drawing on the quotas as
    and v/hen needs arise .
5 . The aim of the attached proposai is to give effect to the foregoing .
 ---pagebreak---                                                   Proposai for a
                                COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of Community
     tariff quotas for certain kinds of prepared of preserved fish falling
        within codes ex 1604.13-10 , ex 1604.20-50 , 1604.14-10 , 1604.19-30,
             1604.20-70, 1604.15-10, 1604.19-50 and ex 1604.20-50 of tire
                          Combined Nomenclature , from Portugal ( 1988 )
THE COUNCIL OF THE EUROPEAN COmUNITIES ,
Having regard to the Act of Accession of Spain and Portugal and in
particular Article 362 thereof ,
Having regard to tire draft Regulaton presented by the Commission ,
Wnereas Article 362 of the Act of Accession provides that during tire period
of progressive elimination of customs duties between the Gorimunity as
constituted on 31 December 1985 and Portugal , certain kinds of sardines ,
tunas , fish of the genus " Euthynnus ", certain kinds of mackerel and fish of
the species " Orcynopsis unicolor", prepared or preserved falling within
codes ex 1604.13-10 , ex 1604.20-50 , 1604.14-10 , 1604.19-30 , 1604.20-70 ,
1604.15-10, 1604.19-50 and ex 1604.20-50 of the Combined Nomenclature , frcm
Portugal , my be imported free of duty into tire Comnunity as constituted on
31 Decanber 1985 within the limits of annual Comnunity tariff quotas of
5 000 tonnes , 1 000 tonnes and 1 000 tonnes respectively ; whereas these
quotas should be opened for 1988 ;
Whereas the Comnunity has adopted , with effect from 1 January 1988, a
Combined Nomenclature for goods which meets the requiranents of both the
Corrnon Customs Tariff and the Nomenclature of Goods for External Trade
Statistics of the Community and Statistics of Trade between Manber States ;
whereas in order to accomodate specific Community measures , this
Nomenclature Iras been expanded into an integrated tariff of the European
Communities ( TARIC ) ; whereas , with effect from the abovementioned date ,
the Combined Nomenclature and , where appropriate , the TARIC code numbers
should be used for the description of tire products covered by this
Regulation ;
    Whereas it is in particular necessary to ensure for all
    importers of the Community as constituted on ^1 December 1985 equal and uninter
    rupted access to the abovementioned quotas and uninter¬
    rupted application of the rates laid down for these quotas
    to all imports of the products concerned into all the
    Member States until the quotas have been used up ;
    whereas having regard to the above principles, the
    Community nature of the quotas can be respected by allo¬
    cating the Community tariff quotas among the Member
    States ; whereas, in order to reflect as accurately as
    possible the true trend of the market in the products
    concerned, such allocation should be in proportion to the
    requirements of the Member States, assessed by reference
    to the statistics of each State’s imports from Portugal over
    a representative reference period and also to the economic
    outlook for the quota period concerned ;
 ---pagebreak---   Whereas during the Last three years for which statistics are available
  imports into the Member States were as follows :
                                                     ( tonnes )
          Member States  1984            1985           1986
 Sardines of the species " Sardina pilchardus "
                             954          741            741
Benelux
                             302          306.31         234
Denmark
                                       3 239          4 659
Germany                  32iZ                         1 m
Greece                                 2 19Õ
France
Ireland
                         241 §             30             19
                             643          820.8          634
Italy                                  4 210          3 949
United Kingdom           6 574
 Tunas and fish of the genus " Euthynnus "
                                 3
Benelux
Denmark
                                            _1            _1 3
Germany                        18          18.2          22
Greece
France
                             118            $            16
Ireland
Italy                    1 504            456.5     2 14?
United Kingdom
Mackerel of the species " Scomber scombrus " and "Scomber japonicus " and
fish of the species "Orcynopsis unicolor "_
Benelux                     130           135          176
Denmark                         –           –
Germany                                                  21
Greece                                                    “
France                          5           –
                                                          3
Ireland                         –                         –
Italy                    I  576        2 216.7 1 463
United Kingdom                 40                         -
 'Jhereas in view of these factors and of the estimates submitted by
 certain Member States , initial quota shares may be set approximately
 at the following percentages :
  Member States          Sardines   Tunny   Mackerel
  Benelux                6.43       –
                                               8.85
  Denmark                2.42       -          -
  Germany
  Greece                2§:¿?       –          –
  France                16.84       4.00      –
  Ireland
  Italy                  5.33      96.00    9?. 15
  United Kingdom        J8.88
 ---pagebreak---                                                         -fr~
 Whereas in the Last three years the products in question were imported
 regularly by certain Member States only and not at all or only
 occasionally by the other Member States ; whereas in these circumstances
 initial shares should be allocated to the genuine importing Member States
 and the other Member States should be guaranteed access to the tariff
 quotas when imports into these Member States are notified ; whereas these
 arrangements for allocation will equally ensure the uniform application
 of the Combined Nomenclature ;
 Whereas , in order to take into account import trends for the products
 concerned in the various Member States , each quota should be divided
 into two parts , the first being shared among certain Member States and
 the second constituting a reserve to cover the subsequent requirements
 of these Member States where they have used up their initial shares and
 also any requirements which might arise in the other Member States ;
 whereas , in order to give importers in each Member State a certain
 degree of security , the first part of the Community quotas could be
 set at 67 % of the quota volumes ;
 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 able
            to monitor the extent to which the quota
 volumes have been used up and to inform the Member
 States accordingly ;
 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 the Member State
concerned         should return a significant proportion to
  the reserve to prevent a part of any Community quota
  from regaining 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,
 ---pagebreak---                                                                  -r
         HAS ADOPTED THIS REGULATION :
                                                                  Article 1
         From 1 January to 31 December 1988 the customs duties on imports from
         Portugal into the Community as constituted on 31 December 1985 for the
         following products shall be suspended at the levels indicated and
         within the limits of Community tariff quotas as shown herewith :
Order   Combined                           Description                                  (Xiantities Quota duties
No      Nomenc lature                                                                    ( tonnes )
        code
             16.04                         Prepared or preserved fish ;
                                           caviar and caviar substitutes
                                           prepared frati fish eggs :
09.0501 ex 1604.13-10                      - sardines on the species                     ) 5 000         free
        ex 1604.20-50                          " Sardina pilchardus "                    )
09.0502      1604 . 14-10                  - tunas and skipjack                          )
             1604 . 19-30                  - fish of the genus "Euthynnus " ,            ) 1 000         free
                                               other than skipjack                       )
             1604 . 20-70                  - tunas , skipjack and other                  )
                                               fish of the genus "Euthynnus "            )
09.0503      1604.15-10                    - mackerel of the species                     )
                                               " Sea Tiber scombrus " and                )
      *
                                               " Scomber japonicus )                     )
                                                                                          ) 1 000        free
             1604 . 19-50                  - fish of the species
                                               " Orcynopsis unicolor"                     )
        ex 1604.20-50                      - mackerel of the species                      )
                                               " Scomber scombrus "                 and   )
                                               " Sccmber japonicus " and                  )
                                               fish of the species                        )
                                               " Orcynopsis unicolor"                     )
                                     Article 2
          1.   Each of the tariff quotas referred to in Article 1 shall
          be divided into two parts .
          2 (a) The first part of each quota shall be allocated among
                 certain Member States ; the respective shares shall /
                         subject to Article 5,          be valid until 31
                 December 19315 , and shall be as follows :
                                                                   (   tonnes)
                                                 Prepared or preserved         '
                       Member Stales
                                            Sardines   Tunas        Mat kerel   ¡
                 Benelux                    215                        60        !
                 Denmark                       80                                 I
                 Germany
                 Greece                     9!8              –           -
                 France                      565           30
                 Ireland
                 Italy                       1 80         64 Õ       61 Õ
                 United Kingdom            1300              –
                                   Total   3 35Ü          670        670
 ---pagebreak--- ( b ) The second part of each quota , namely 1 650 , 330 and 330 tonnes
      respectively , shall constitute the corresponding reserve .
3.    If an importer notifies a Member State that a consignment of the
      products in question is to be imported and applies to use the quota ,
      the Member State concerned shall inform the Commission and draw an
      amount corresponding to its requirements to the extent that the
      available balance of the reserve so permits .
                                                  Article 3
1.    If 90 % or more of a Member State 's initial share as specified in
      Article 2 ( 2 ), or of that share less the portion returned to the
      reserve , where Article 5 is applied , has been used up , that Member
      State shall without delay , by notifying the Commission , draw a second
      share equal to 10 % of its initial share , rounded up where necessary
      to the next whole number , to the extent permitted by the amount of
      the reserve .
2.    If , after its initial share has been used up , 90 % or more of the
      second share drawn by a Member State has been used , that Member
      State shall , using the procedure provided for in paragraph 1 , draw
      a third equal to 5 % of its initial share , rounded up where necessary
      to the next whole number .
           3.    If, after        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, using the seme
           procedure , draw a fourth share equal to the third .
           This process shall continue until the reserve is used up.
           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 these
           might not be used up. It shall inform the Commission of
           its reasons for applying this paragraph.
                                      Article 4
           Each of the additional shares drawn pursuant to Article 3
           shall be valid until 31 December 1988 .
                                      Article 5
           The Member States shall return to the reserve, not later
           than 1 October 1988 the unused portion of their initial
           share which, on 15 September 198S, is in excess of 20 %
           of the initial volume. They may return a larger quantity if
           there are grounds for believing that it might not be used.
           The Member States shall, not later than 1 October 1988
           notify the Commission of the total quantities of the
           products concerned imported up to 15 September 1988
           and charged against the Community quotas and of any
           quantities of the initial shares returned to each reserve.
 ---pagebreak---                                              -D-
                                         Article 6
              The Commission shall keep an account of the shares
              drawn by the Member States pursuant to Articles 2 and 3
              and shall, as soon as it is notified, inform each State of the
              extent to which the reserves have been used up.
               It shail inform the Member States, not later than 5
               October 198 8of the amount in the reserve after the return of
               quantifies pursuant to Article 5 .
                It shall ensure that the drawing which exhausts the
                reserve does not exceed the balance available and, to this end ,
             shallnotify the amount of the balance to the Member
                State making the last drawing.
                                          Article 7
                1.    The Member States shall take ail measures necessary
                to ensure that additional drawing of shares pursuant to Article
   3 carried out               in such a way that imports may be cnarged
                without interruption against their accumulated shares of
                the tariff quotas.
                2. The Member States shall ensure that imports of
                the products in question have free access to the shares
                allocated to them .
                3. The Member States shall charge the imports of the
                products concemed against their shares as and when the
                products are entered with customs authorities for free
               circulation .
               4. The extent to which a Member State has used up its
               share shall be determined on the basis of the imports
               coming from Portugal entered with customs authorities
                for free circulation .
                                          Article 8
               At the Commission’s request the Member States shall
               inform it of imports actually charged against their shares.
                                          Article 9
               The Member States and the Commission shall cooperate
               closcly to ensure that this Régulation is complied with.
                                         Article 10
               This Régulation shall enter into force on 1 January 1 98G .
This  Régulation shall be binding in its entirety and directly applicable in ail 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      L' article 362 de l' acte
c' adhésion .                    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
 1' emploi dans la Communauté .