CELEX: 31986R4118
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4118/86 of 22 December 1986 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 (1987)

31 . 12 . 86                                  Official Journal of the European Communities                               No L 380 / 27
                                             COUNCIL REGULATION ( EEC ) No 4118 / 86
                                                           of 22 December 1986
                    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 ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                principles , the Community nature of the quota can be
                                                                         respected by allocating the Community tariff quota among
                                                                         the Member States ; whereas , in order to reflect as
                                                                         accurately as possible the true trend of the market in the
Having regard to the Treaty establishing the European                    products in question , such allocation should be in
Economic Community , and in particular Article 113                       proportion to the requirements of the Member States ,
thereof,                                                                 calculated , on the one hand , by reference to the statistics
                                                                         for imports from Tunisia over a representative reference
                                                                         period and , on the other hand , by reference to the
Having regard to the proposal from the Commission ,                      economic outlook for the quota period in question ;
Whereas the Cooperation Agreement between the                            Whereas , during the last three years for which statistics are
Community and Tunisia (*), completed by Council                          available , the corresponding imports into each of the
Regulation ( EEC ) No 1080 / 83 of 18 April 1983 laying                  Member States represent the following percentages of
down the arrangements applicable to trade between Greece                 imports into the Community from Tunisia of the products
and Tunisia ( 2 ), provides that prepared and preserved                  concerned :
sardines , falling within subheading 16.04 D of the
Common Customs Tariff and originating in Tunisia , may
be imported into the Community free of duty ; whereas the                           Member State           1983       1984       1985
detailed arrangements must be fixed by an exchange of
letters between the Community and Tunisia ; whereas , since              Benelux                            _      l
this exchange of letters has not yet taken place , it is                 Denmark                            —          —          —
advisable     to   renew       until     31 December     1987  the       Germany                            —          —          —
Community arrangements which were applied in 1986 ;                      Greece                             —          —
whereas it is advisable to open a Community tariff quota                 France                             —          —
                                                                                                                                 100
for the importation into the Community of the products in                                                          I           ( = 6 t)
                                                                         Ireland
question of 100 tonnes free of duty ; whereas this tariff
                                                                                                            —          —          —
quota is to apply from 1 January 1987 until either                       Italy                              —          _          —
                                                                         United Kingdom                     —          —          —
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 such time as Community arrangements for                 Whereas these data cannot be considered as representative
imports of the products in question are applied , but until              and cannot serve as a basis for allocation of the quota
31 December 1987 at the latest ;                                         among the Member States ; whereas it is difficult to forecast
                                                                         the Member States' imports for 1987 because of their
                                                                         situation in previous years ; whereas , in order that the
Whereas , since a Protocol as provided for in Articles 179               quota may be allocated fairly , the initial quota shares may
and 366 of the Act of Accession of Spain and Portugal does               be fixed approximately at the following percentages :
not exist , the Community must adopt the measures referred
to in Articles 180 and 367 of that Act ; whereas the tariff
                                                                                 Benelux                                       8
measure concerned will , therefore , apply to the
                                                                                 Denmark                                      4
Community of Ten ;
                                                                                 Germany                                     16
                                                                                 Greece                                       2
                                                                                 France                                      50
Whereas it is in particular necessary to ensure for all
                                                                                 Ireland                                      2
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application                           Italy                                         2
of the rate laid down for that quota to all imports of the                       United Kingdom                              16
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the above
                                                                         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
(>) OJ No L 265 , 27 . 9 . 1978 , p . 1 .                                instalments , the first being shared among the Member
( 2 ) OJ No L 120 , 6 . 5 . 1983 , p . 1 .                               States and the second constituting a reserve to cover at a
 ---pagebreak--- No L 380 / 28                             Official Journal of the European Communities                                         31 . 12 . 86
later date the requirements of the Member States which                    prevent a part of any tariff quota from remaining unused in
have used up their initial quota shares ; whereas , in order to           one Member State when it could be used in others ;
give importers in each Member State a certain degree of
security , the first instalment of the Community quota                    Whereas , since the Kingdom of Belgium , the Kingdom of
should , under the circumstances , be fixed at 50 % of the                the Netherlands and the Grand Duchy of Luxembourg are
quota volume ;                                                            united within and jointly represented by the Benelux
                                                                          Economic Union , any operation relating to the
                                                                          administration of the quota shares allocated to that
Whereas the Member States' initial shares may be used up                  economic union may be carried out by any of its
at different times ; whereas , in order to take this fact into            members ,
account and avoid any break in continuity , any 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                   HAS ADOPTED THIS REGULATION :
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                                             Article 1
period ; whereas this method of administration requires
close cooperation between the Member States and the                       From 1 January 1987 until the conclusion or the exchange
Commission , and the latter must be in a position to                      of letters referred to in Article 18 of the Cooperation
monitor the extent to which the quota volume has been                     Agreement between the European Economic Community
used up and to inform the Member States thereof;                          and the Republic of Tunisia or until such time as
                                                                          Community import arrangements are applied or until
                                                                          31 December 1987 , whichever shall be the earliest , the
Whereas , if, at a given date in the quota period , a                     customs duty applicable , on import into the Community of
substantial quantity of an initial share remains unused in                Ten , for the following products shall be suspended at the
any Member State , it is essential that that Member State                 level and within the limits of a Community tariff quota as
should return a significant proportion to the reserve to                  follows :
                    CCT                                                                                                      Quota
     Order                                                                                           Quota volume
                  heading                                Description                                                          duty
       No                                                                                              ( in tonnes )
                     No                                                                                                       (%)
    09.1201      16.04 D       Prepared or preserved sardines , originating in Tunisia                      100               free
                           Article 2                                                                   Article 3
1 . The tariff quota referred to in Article 1 shall be divided            1.   If 90 % or more of a Member State's initial share as
into two instalments .                                                    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
2 . A first instalment , amounting to 50 tonnes of the                    the amount of the reserve , that Member State shall
Community tariff quota referred to in Article 1 , shall be                forthwith , by notifying the Commission , draw a second
allocated among the Member States ; the shares , which                    share equal to 15 % of its initial share, rounded up where
subject to Article 5 shall be valid until the end of the period           necessary to the next unit .
specified in Article 1 , shall be as follows :
                                                                          2 . If, after one of its initial shares has been used up , 90 %
                                                    (tonnes)              or more of the second share drawn by a Member State has
        Benelux                                         4                 been used up , then , to the extent permitted by the amount
        Denmark                                         2                 of the reserve , that Member State shall , in accordance with
        Germany                                         8                 the conditions laid down in paragraph 1 , draw a third
        Greece                                           1                share equal to 7,5 % of its initial share, rounded up where
        France                                         25                 necessary to the next unit .
        Ireland                                          1
        Italy                                            1
        United Kingdom                                   8                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
3.   The second instalment of 50 tonnes shall constitute the              with the conditions laid down in paragraph 1 , draw a
reserve .                                                                 fourth share equal to the third .
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                              No L 380 / 29
This process shall continue until the reserve is used up .           It shall ensure that the drawing which exhausts any reserve
                                                                     does not exceed the balance available and , to this end ,
4 . By way of derogation from paragraphs 1 , 2 and 3 , a             notify the amount of that balance to the Member State
Member State may draw shares smaller than those fixed in             making the last drawing .
those paragraphs if there is reason to believe that they
might not be used up . It shall inform the Commission of its
reasons for applying this paragraph .                                                           Article 7
                                                                     1 . The Member States shall take all measures necessary to
                           Article 4
                                                                     ensure that additional shares drawn pursuant to Article 3
                                                                     are opened in such a way that imports may be charged
The additional shares drawn pursuant to Article 3 shall be           without interruption against their accummulated shares of
valid until the end of the period specified in Article 1 .           the tariff quota .
                           Article 5                                 2 . The Member States shall ensure that importers of the
                                                                     products in question have free access to the shares allocated
                                                                     to them .
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial
share as , on 15 September 1987 , is in excess of 20 % of the        3 . The extent to which a Member State has used up its
initial volume . They may return a larger quantity if there          shares shall be determined on the basis of the imports of
are grounds for believing that this quantity may not be              the products in question originating in Tunisia and entered
                                                                     with customs authorities for free circulation .
used .
The Member States shall notify the Commission , not later
                                                                                                Article 8
than 1 October 1987 of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial          At the Commission's request , the Member States shall
shares returned to the reserve .                                     inform it of imports of the products concerned 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 , as soon as it is notified , shall inform each Member           closely to ensure that this Regulation is complied with .
State of the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October                                   Article 10
1987 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .                        This Regulation shall enter into force on 1 January 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                 Done at Brussels , 22 December 1986 .
                                                                                           For the Council
                                                                                            The President
                                                                                              G. HOWE