CELEX: 51987PC0142
Language: en
Date: 1987-04-06
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for herring falling within subheading 03.01 B I (a) 2 of the Common Customs Tariff (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 142
Vol. 1987/0057
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(87 ) 142 final
                                                      Brussels , 6 April 1987
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a Community
   tariff quota for herring falling within subheading 03.01 B I ( a ) 2 of
                            the Common Customs Tariff
                         ( presented by the Commission )
                             Ί2 13
 C0MC87 ) 142 final
 ---pagebreak---                                    г                     cWvi 1      ^
                      E< PLANATORY MEMORANDUM
Under the multilateral GATT negotiations , the Community undertook
the obligation to open , for the period 16 June to 14 Efebruary of
each year and subject to compliance with the reference price , a
tariff quota of 34 000 tans at zero duty for fresh , chilled or
froaen herrings felling within subheading 03.01 B la ) 2 of the
Corrmon Customs Thrift .
The aim of this proposal is to fulfil the Community 's obligations
by opening a contractual tariff quota for the period 16 Jure 1987
to 14 February 1988 .
The Commission 's proposal for these products is broadly based on
the ores usually rade in the field of tariff quotas , that is to
say :
       the volume of tie tariff quota is divided into two parts of
       which the first , being relatively larcp , is allocated among
       certain f-fenber States , and the second is held as a reserve
       to co\mr any additional needs of these Member States as veil
       as the reeds of Nfeirber States which do not participate in
       the initial allocation ;
       tie allocation of Member States' initial quota share is
       based upon past imports originating in third countries in
       tie course of the last three years as shown in tie following
       table  :
 ---pagebreak---                                3
                    1983              1984             1985
Ms rrber State    tons      %       tons      %     tons       %
& ne lux        5 253     5.99    2 949     4.06  2 234      3.70
Etenmark       61 067    69.61   48 244    66.39 4L 625     68.88
Germany        19 242    21.94   17 755    24.44 11 662     19.30
Spain                -      -           -   -          -     -
Greece               -      -           -   -          -     -
France          1  300    1.48    1 711     2.35  3 3C6      5.47
Ireland              -    -
                                     14     0.02       -     -
Italy                -    -
                                     16     0.02       -     -
Portugal             -      -           -   -          -     -
United Kingdom     859    0.98    1 973     2.72  1  604     2.65
               37 721            72 662          60 430
 ---pagebreak---                                                           ч
                                                 Proposal for a
                                      COUNCIL REGULATION (EEC)
                  opening, allocating and providing for the administration of a Community tariff
                  quota for herrings falling within subheading 03.01 B I a) 2 of the Common
                                                      Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                          1983      1984    1985
                                                               Benelux                             5,99      4,06    3,70
                                                               Denmark                           69,61      66,39  68,88
Having regard to the Treaty establishing the European          Germany                           21,94      24,44   19,30
Economic Community, and in particular Article 113             Greece                               –         –       -
thereof,                                                      Spain                                _         _
                                                                                                                     -
                                                               France                              1,48      2,35    5,47
                                                               Ireland                             –
                                                                                                             0,02    –
                                                               Italy                               –
                                                                                                             0,02    –
Having regard to the Act of Accession of Spain and            Portugal                             –         –
Portugal,                                                     United Kingdom                       0,98      2,72    2,65
                                                              Whereas, in view of the above and of the foreseeable
                                                              trend of the market for these products in the quota
Having regard to the proposal from the Commission,            period, the initial quota shares may be as indicated in
                                                              Articles 2 and 3 ;
Whereas the Community undertook to open an annual             Whereas, to take account of the possible import trends for
duty-free Community tariff quota for 34 000 tonnes of         this product, the quota volume should be divided into two
herrings, whole, headless or in pieces, falling within        parts, the first being allocated between the Member States
subheading 03.01 B I a) 2 of the Common Customs               and the second held as a reserve to cover any subsequent
Tariff, imported from 16 June to 14 February in a fresh,      requirements of Member States which have used up their
chilled or frozen state, subject to compliance with the       initial share ; whereas, to give importers some degree of
reference price ; whereas, therefore, it is appropriate to    certainty, the first part of the tariff quota should be fixed
open for the period 16 June 1987 to 14 February 198 8         at a high level, which in this case could be 30 000
                                                              tonnes ;
the duty-free tariff quota in question, bearing in mind the
obligation to comply with the reference price fixed ;
                                                              Whereas initial shares may be used up at different rates ;
                                                              whereas, to take account of this fact and to avoid any
                                                              interruption, it should be provided that any Member State
Whereas equal and continuous access to the said quota         which has almost used up its initial share should draw an
should be ensured for all importers and the rate of levy      additional share from the reserve ; whereas each time its
for the tariff quota should be applied consistently to all    additional share is almost used up a Member State should
imports until the said quota is used up ; whereas, in the     draw a further share and so on as many times as the
light of the principles outlined above, a Community tariff    reserve allows ; whereas the initial and additional shares
arrangement based on an allocation between the Member         should be valid until the end of the quota period ;
States would seem to preserve the Community nature of         whereas this form of administration requires close
the quota ; whereas to represent as closely as possible the   collaboration    between    the  Member      States and   the
actual development of the market in the said goods this       Commission, and the Commission must be in a position
allocation should follow proportionately the requirements     to keep account of the extent to which the quotas have
of the Member States calculated both from statistics of       been used up and to inform the Member States accor¬
imports from third countries during a representative          dingly ;
reference period and according to the economic outlook
for the quota period in question ;
                                                              Whereas if, at a given date of the quota period, a conside¬
                                                              rable quantity of a Member State’s initial share remains
                                                              unused, it is essential that such State should return a
Whereas, during the last three years for which complete       significant proportion thereof to the reserve, in order to
statistics are available, the imports of each Member State    prevent a part of the Community tariff quota from
 represent the following percentages in relation to total     remaining unused in one Member State while it could be
 imports of the products in question :                        used in others ;
 ---pagebreak---                                                         У
  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 measure concerning the adminis¬
  tration of the share allocated to that economic union may
  be carried out by any one of its members,
   HAS ADOPTED THIS REGULATION :
                            Article 1
1 . From 16 June 1987 to 14 February 1988 , the Common Customs Tariff duty
      on the following product shall be suspended at the level and within
      the limit of a Community tariff quota as shown herewith :
  Order No         CCT              Description                      Amount of    Rate of
                   heading                                           tariff quota  duty
                   No                                                 ( tonnes )   (% )
                                    -г
  09.0005          03.01            Fish , fresh ( live or dead ),
                                    chi l led or frozen :
                                    B. Saltwater fish :
                                       I. Whole , headless or in
                                            pieces :                     34 000         0
                                           a ) Herring :
                                         2 . From 16 June to 14
                                                February :
                                               aa ) fresh or chilled
                                               bb ) frozen
Whi th in the limit of this tariff quota , the Kingdom of Spain and the
 Portuguese Republic shall apply duties which are calcu¬
 lated according to the relevant provisions laid down in the
 Act of Accession .
 3. Imports of herrings shall not be charged against this
 tariff quota if they are already free of customs duties
 under other preferential tariff treatment.
 4. The use of the tariff quota referred to in paragraph 1
 shall be subject to compliance with any reference price
 which may be fixed.
                           Article 2
 1 . The Community tariff quota referred to in Article 1
 (1 ) shall be divided into two parts.
 2.     The first part, amounting to 30 000 tonnes, shall be
 allocated among certain Member States ; the shares which,
 subject to Article 6, shall be valid from 16 June 1987 to
 14 February 198$ shall be as follows :
                                              (tonnes)
         Benelux                               1 . 419
         Denmark                            20 508
         Germany                               6 612
                                                   858
         France
         United Kingdom                            603
 ---pagebreak---                                                             (0
3.     The second part, constituting the reserve, shall
consist of U 000 tonnes.                                                                 Article 5
                                                                Additional shares drawn pursuant to Article 4 shall be
                           Article 3                            valid until 14 February 198 8 .
If an importer, who intends to import the products in
                                                                                         Article 6
question into Greece, Ireland, Italy, Portugal or Spain,
requests the benefit of the quota, the Member State
                                                                Member States shall, not later than 15 November 198 7
                                                                return to the reserve the unused portion of their initial
  concerned shall draw a quota share equal to these needs       shares which, on 1 November 1987 is in excess of 10 %
  from the reserve, to the extent that the reserve so permits.  of the initial volume. They may return a greater portion if
                                                                there are grounds for believing that it may not be used in
                                                                full .
                            Article 4
                                                                Member States shall, not later than 15 November 198 7
   1.    If a Member State has used 90 % or more of its         notify the Commission of the total quantities of the
  initial share as fixed in Article 2 (2), or of that share     product in question imported up to and including 1
  minus any portion returned to the reserve pursuant to         November 198 7 and charged against the Community
  Article 6, it shall forthwith, by notifying the Commission,   quota, and of any portion of their initial share returned to
  draw a second share, to the extent that the reserve so        the reserve .
  permits, equal to 10 % of its initial share, rounded up as
  necessary to the next whole number.                                                    Article 7
  2.     If a Member State, after exhausting its initial share, The Commission shall keep an account of the shares
  has used 90 % or more of the second share drawn by it,        opened by the Member States pursuant to Articles 2, 3
  that Member State shall forthwith, under the conditions       and 4 and shall , as soon as the information reaches it,
  set out in paragraph 1 , draw a third share equal to 5 % of   inform each Member State of the extent to which the
  its initial share, rounded up as necessary to the next        reserve has been used up.
  whole number.
  3.     If a Member State, after exhausting its second share,
  has used 90 % or more of the third share drawn by it,
  that Member State shall, under the conditions set out in
  paragraph 1 , draw a fourth share equal to the third.
  This process shall apply until the reserve is used up.
  4. By way of derogation from paragraphs 1 , 2 and 3,
  each Member State may draw shares lower than those
  specified in those paragraphs if there are grounds for
  believing that those specified may not be used in full.
  Any Member State applying this paragraph shall inform
  the Commission of its grounds for so doing.
 ---pagebreak---                                                         Ί-
It shall , not later than 20 November 1987, inform the           3.    Member States shall charge imports of the product
Member States of the amount still in reserve, following          in question against their shares as and when the
any return of shares pursuant to Article 6.                      product is entered with the customs authorities for free
                                                                 circulation .
It shall ensure that the drawing which exhausts the              4. The extent to which a Member State has used up its
reserve does not exceed the balance available, and to this
                                                                 share shall be determined on the basis of the imports
end shall notify the amount of that balance to the               charged against it in accordance with paragraph 3.
Member State making the last drawing.
                                                                                           Article 9
                          Article 8                              When so requested by the Commission, Member States
                                                                 shall inform it of imports actually charged against their
                                                                 shares .
1.    Member States shall take all appropriate measures to
ensure that additional shares drawn pursuant to Article 4
                                                                                          Article 10
are opened in such a way that importations may be
charged without interruption against their accumulated           Member States and the Commission shall cooperate
share of the Community quota.                                    closely to ensure that this Regulation is complied with .
2. Member States shall ensure that importers of the                                       Article 11
product in question have free access to the shares
allocated to them .                                              This Regulation shall enter into force on 16 June 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at
                                                                               For the Court cil
                                                                                The President
 ---pagebreak---    Fiche d' impact de certains actes Léaislatifs sur les PME et l' emploi
   Proposition de règlement           Conseil portant ouverture , répartition et mode
                                   du Conseï
   de gestion du contingent           ifaire
                                   tarifai re contractuel pour les harengs , frais ,
   réfrigérés ou congelés
       1 . OBLIGATIONS ADMINISTRATIVES DECOULANT DE L' APPLICATION DE LA
           LEGISLATION POUR LES ENTREPRISES
           NON
       2.  AVANTAGES POUR L' ENTREPRISE
           - OUI / NfcNX
           -   LESQUELS
               Réduction des droits de douane à l' importation
                Suspension totale du droit de douane
I      3.  INCONVENIENTS POUR L' ENTREPRISE
|
1
            ( coût supplémentaires )
I
 |         - im/NON
           - CONSEQUENCES
        A.  EFFETS SUR L' EMPLOI
            Maintien ou amélioration de l' emploi
   !
        5.   Y A - T - IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES
             SOCIAUX ?
             - « MX / NON
    j        - AVIS DES PARTENAIRES SOCIAUX
        é.   Y A - T - IL :JNE APPROCHE ALTERNATIVE MOINS C ONTR AI GNANTE ?
     !        NON . Les contingents résultent d' engagements de la
     I                Communauté .