CELEX: 51977PC0428
Language: en
Date: 1977-09-12
Title: Commission Communication to the Council containing a proposal for a Council regulation (EEC) on the treatment applicable to imports into the Community of prepared and preserved sardines originating in Morocco and Tunisia.#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff and originating in Morocco (1978).#Proposal for a COUNCIL REGULATION (EEC) 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 (1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 428
Vol. 1977/0137
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 ---pagebreak---   COMMISSION OP THE EUROPEAN COMMUNITIES
                       ■                                     COM(77) 428 final.
                                                             Brussels , 12 September 1977
                         Commission Communication to the Council
              'containing a proposal for a Council regulation ( EEC )/ v
                         on the treatment applicable to imports
                into the Community of prepared and preserved sardines
                           originating in Morocco and Tunisia      .
                     .                 Proposal for a
                                 COUNCIL REGULATION (EEC )           "
     opening, allocating and providing for the administration of Community
     tariff quotas for prepared or preserved sardines falling within sub­
     heading 16.04 D of the Common Customs Tariff and originating in Morocco
                  . V              . ( 1978)                                 .
                                        Proposal for a
                                  COUNCIL' REGULATION (EEC )
     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 ( 1978)
                           (submitted to the Council by the Commission)
CCa(77 ) 428 final
 ---pagebreak---                        Commission Communication to the Council
                 containing a proposal for a Council regulation ( EEC )
                       on the treatment applicable to imports
                 into the Community of prepared and preserved sardines
                          originating in. liorocca and Tunisia
■. n             The Cooperation Agreements oigned on 26 April 1976 "between the
      Community and Moroooo and on 25 April 1976 between the Community . and
      Tunisia providn , in Articles 19 and 18 respectively, that prepared and
      preserved sardines originating in the countries in question may be
      imported into the Community free of oustoms duties subject to observance
      of the minimum prioes fixed in the Agreements ( or for whose fixing
      arrangements are made therein). The' periods during whioh this treatment ^
      applies are to be determined by exchanges of letters between the
      Contracting Parties , whioh also set out the teohnical rules of application.
      The Interim Agreements ourrently in force between the Community and
      Moroooo and between the Community and Tunisia repeat these provisions
      insofar as neoessary.
                                                                         » % .
  2.              The exchanges of letters have not yet taken place .
      By letters dated 1 Maroh 1976 , the heads of the Moroccan and Tunisian
      delegations each stated that their respective delegations had aooepted
      the treatments defined in the Agreements for prepared and preserved
      sardines - in particular , the observance of minimum prices - subjeot to
      tho extension of this system of minimum prioes to the other traditional
      suppliers of the Community *, They went on to say that until this had
      been done , the present arrangements should be. maintained
                 In His reply , tho head of the !i3C delegation stated that he
      would transmit the delegations' letters to the appropriate Community
      authorities and would recommend that decisions be taken to accomodate
      their points of concern
     3oc. S/524/76 (MA 3 ) ( TO 3 ), Annex IV.
     lotu'siy Spain*
 ---pagebreak---                                     - 2 -                    VI/2938/77-E
              Following these letters "between the delegations , the Commission
   submitted, to the Council a proposal for maintaining , on a transitional
   basis pending the oonclusion of the exchanges of letters provided for
   under the 1976 Agreements , the arrangements applied before these
   Agreements entered into force . On this basis , the Council adopted
   Regulation (EEC ) No 1522/76 of 24 June 1976 on imports of prepared and
   preserved sardines originating in M.orooco and Regulation (E3C ) No 1509/76
   of 24 Jane 1976 on imports of the same products originating in Tunisia
   These Regulations have since been extended in two stages until
   31 December 1977 (see Regulation (EEC ) No 126/77 of 18 January 1977 and
   Regulation (EEC ) No 1178/77 of 17 May 1977 ).
              The arrangements in question provide for tariff treatment which
   varies from one Member State to another ( see Annex l ).  This treatment
   cannot be extended beyond that date , since it ia incompatible with the    ,
   principles of the customs union and the rules of th6' common commercial
   policy.
!•            In order to avoid any break in continuity , should the arrange­
   ments provided for in the Agreements not be applied from 1 January 1978 ,
   it is necessary to adopt common import arrangements for the nine Manber
          \
   States , which will take account of the various interest involved
   ( particularly traditional trade flows ) and replace the national arrange­
   ments applied hitherto .
              To this end , and pending the conclusion of the exchangps of
   letters provided for in the Agreements between the EEC and Morocco and
   Tunisia respectively , the Commission propoces to the Council that from
   1 January 1978' the Community apply the following treatment to imports
   of prepared and preserved sardines falling within subheading 16.04 D
   of the Common Customs Tariff and originating in Moroooo and Tunisia :
 ---pagebreak---                                    - 3 -                    VÏ/29W77-E
 ( a) the opening of annual Community tariff quotas , free of customs
      duties , to cover the proportion of these products that is currently
      imported duty-free into certain Member States j •
 (b ) an annual Community tariff quota, subject to a reduced duty of 60 %
      of that shown in the Common Customs Tariff , to oover imports of the
      products in question from Morocco on which different duties are
      currently levied.                                            v
            The volvune of these quotas , calculated for the period from
1 January 1978 to 31 December 1978 . on the basis of imports into the
Community over the last three years ( see Annex II ), will be as follows i
      Morocco : 14,000 t free of customs duties
                  6,000 t at a duty of 10 $
      Tunisia « i   100 t free of customs diitie's
            These quotas will be valid until the conclusion of the
exchanges of letters provided for in the Agreements or until the entry
into foroe of Community import arrangements for prepared and preserved
sardines or until 31 December . 1978 , whichever is the earliest .
 ---pagebreak---                                                                vx/assa/n-»
                                                                ANMEX I
             Treatment currently applied to imports of prepared
         and preserved    irdinec f   a: ; vr" Sh subLdading 16,04 D of
    the Common Customs Tariff ana originating in Morocco and Tunisia
Imports from Morocco
   Importing                              Treatment
    country
  Benelux            Duty-free                                       ■ .„■*·
  Frano e            Duty-free             ί
                                                 1                     2
  Italy              - 50 % tariff reduction on a quota of 900 t
                     - 75 $ tariff reduction on a mixed quota of preserved
                                                                   2
                        sardines and preserved tunny of 2,800 t
  F»R«G·             50 io tariff reduction1 on a mixed quota of preserved
                                                                 2
                     sardines and preserved tunny of 2,850 t
  Denmark            40 fi re/lqj
  Ireland            9 £
 United kingdom      10 #
                     1 CCT duty rate m 25 #
                     Λ
                        these quotas may Tie inoreased by up to 30 /»-p*a·
Imports from Tunisia
  Importing                              Treatment
   country
 Benelux             Duty-free
 Prance              Duty-free                              -
 Italy            '  50 % tariff reduction on a mixed quota1 of preserved
                                                              o
                     sardines and preserved tunny of 5OO t
 F«R«G »            50 fo tariff reduction on a mixed quota, of preserved
                                               .                 2
                    sardines and preserved tunny of 1,000 t
 Denmark      j.'   40 fi re/kg
 Ireland            9 f* .
United Kingdom      10 io
                    1 CCT duty rate - 25 ^         »
                    2
                       These quotas may "be increased by up to 30 fo p.a· .
 ---pagebreak---                                                                    VÏ/S9W77-S
                                                                   ANNEX II
                       IMPORTS OF PREPARED AND PRESERVED SARDINES
                             ORIGINATING IN MOROCCO AND TUNISIA
                                                                              ( in t )
                 1                       EXPORTING COUNTRIES
    IMPORTING
     COUNTRY                      MOROCCO                        TUNISIA
                       1974    1975     1976    0     1974   1975        1976      0
1 « Benelux          2,322    1,713    2,107  2,047                                mm
2· Prance          14,501     8,660 10,438 11,200      36       33        14      28
3 . Italy              . 688     223      37    316      -       -         -
4 . P.R.G.           2|642 l t 640j 4,341     2,874      -             ■   -       -
5· Denmark                53      54      58      55     •M      -         -       -
6 « Ireland           n»a·        77      79     78*  η. a.      -         -       -
7 « United Kingdom   3,089 3,193 i , 533      2,605      -       -                 -
                                     ¡
                                     I
TOTAL EEC "9 "      23,295 15,560! 18,593 19,175       36       33        14      28
  of whioh :                         1
    1+2             16,623 10,373 ! 12,545 13,247      36       33        14      28
                                     Ì
 of which t
    3 to 7   t.      6,472    5,1Ö7 1  6,o*8 5,928 .   . -·  ''  m         •
                                   . !
n.a. i not avail aisle
* 6 : average over two years
 ---pagebreak--- On            1977 "the Council decided to open Community tariff quotas for prepar-d
or preserved sardines falling within subheading 16,04 D of the Common Custone
Tariff and originating in Moroooo and Tunisia. These tariff quotas will apply fv*
 1 January 1976 until the conclusion of the exchanges of letters provided for in
Article 19 of the Cooperation Agreement between the Community and Morocco ,
and in Article 16 of the Cooperation Agreement between the Community and Tunisi3
  or until such time as Community arrangements for imports of the products in
  question are applied , or until 31 December 1976 f whichever is the earliest.
                                                                    *             i
  The quota volumes and the duties to be applied are as follows : .
                                                                      \
                                          ' . t
  - Morocco : quota of 14 000 tonnes free of customs duty ,
              quota of 6 000 tonnes at- a duty rate of 10
  - Tunisia : quota of 100 tonnes free of customs duty.
  The tariff quotas in question should thertfbre be opened, that being the
                                                   « •
  objeot of the proposal annexed hereto.
  The proposals for regulations opening thes tariff quotas provide - as is
  customary - for the division of each of the quota volumes into two instalments ,
  the first being allocated among the Member States as quota shares,' the second
                   *                                        • •
  being held as a reserve .
1                                                                       *
                         i                                              •
 The allocation of the volume of the first instalment of the quota should be
  based on the rules generally applied . These involve calculating each Member
  State 's total imports over the last three years as a proportion of total
  Community imports during the 6ame period and applying, for each Member State
 the percentages thus obtained to the volume of the first instalment .
                     t
The form of administration to be applied . by all Member States is the "grey-hound
system".
 ---pagebreak---                                                                   ANNEX I
                               Proposal fer
                 COUNCÏL REOULAHÏON (EEC) KO        ,,/LT
                               of               , ,
    opening allocation? an^ providing for the administration of Community
    tariff quotas , for prepared or preserved sardines falling within subheading
    16.04 D of the Common Customs Tariff and originating in Morocco ( 197&)
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economio Community , and in .
particular Articles 43 and 113 thereof,
                      '                     . «
                      1    '                  v
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament*,
Whereas on ••••••• 1977 the Council decided to open two Community tariff quotas
for prepared or preserved sardires falling within subheading 16. 04 D of the
Common Customs "tariff and originating in Morocco ; whereas- the respective quota
volumes and duties are fixed at 14 000 tonnes free of duty and 6 000 tones at
a duty rate of 10 jSj whereas these tariff quotas are to apply from 1 January 1976
until the conclusion of the exchange of letters provided for in Artiole 19 of the
Cooperation Agreement between the Community and Morocco , or 'until such time as
Community arrangements for imports of the products in question are applied , or
until 31 December 1978 , whichever is the earliest j whereas these Community tariff
quotas should therefore be opened ;
X0J No
 ---pagebreak--- Whereas it is in particular necessary to ensure lor all
Community importers equal and uninterrupted access
to the abevementioned quotas and uninterrupted
application of the rates laid down for these quotas to
ell imports of the products concerned into all Member
States untiLjthe quotas have been used up ; whereas,
having regard to the principles mentioned above, the
Community nature of the quotas can be respected by
allocating the Community tariff quotas among the
Member States ;
Whereas, in order to reflect most accurately the actual
development o5 the market in the, products concerned,
such allocation should be in proportion to the needs
of the Member States, assessed by Preference both to
the statistics of each State 's imports from Morocco
over a representative period and to the economic
outlook for the quota period concerned ;
 Whereas, during the last three years for which
 statistics are available, the corresponding imports by-
 each of the Member States represent the following
 percentages of rhe imports into rhe Community from
 Morocco of the products concerned :
               f?+. at «β      W4       J9715     197 g
   Benelux                 10.0        11.0      11.3
   Benmark                   0.2        0,3   j 0.3
   Germapy                 11-3        10.6    1 23.3
   Prance                  62.2 ,     55.7     1 56.1
   Ireland                  0.1 '       0.5       0.5
   Italy                    3.0         1.4       0.2
                                    1
  United .
  Kingdom                  13.2 ^     20.5        6.3
                                                     • ' ·
   Whereas, in view of these factors &nd of the estimates
   submitted by certain Member States, initial quota
   shares may be fixed approximately at the following
   percentages :
   Benelux                  10.7
   Denmark                    0.3
   Germany                  15· 0
   Prance                   56.4
   Ireland                    0.4
   Italy                      1.6
   United
   Kingdom                  13.6
 ---pagebreak---        Whereas, in order to take into account import trends
      for the products concerned in the different Member
      States, each of the quota amounts should be divided
      into two instalmer.fs, the first instalment being allo­
      cated among the Member States and the second
      forming a reserve intended ultimately to cover the
     requirements of the Member States which have used
     up their initial quota shares ; wherras, in order to
     ensure a certain degree of security for importers in
     each Member State, the first instalment of the
     Community quotas should be determined at a level
     which, under present circumstances, may be&0% of
     each of the quota amounts :
    Whereas the initia ! 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
    continuity, any Member State having used up almost
    the whole of any one of its initial quota shares should
    draw an additional quota share from the corres­
    ponding reserve ; whereas this must be done by each
   Member State when each of its additions; quota shares
   is aimcsi er,t;*»ly used up, and repeated as many times
   as the reserve a»\w<s ; whereas the initial and addi­
   tional quota shares must be avaiiaoie for use until the
end of the quota period ; whereas this me ".hod of
administration calls for close cooperation between
Member States and the Commission, which must, in
particular, be able to observe the extent to which the
quota amounts are used and inform Member States
thereof ;
Whereas if, at a spec » ed date in th« quota period, a
    nside ib!e b / ?.n :e :r one of the initial quoit f '"tares
rc lat.is in one oc Other Member State it s ess ntial
that that Member State pays a large amount of it jack
into the reserve, in order to avoid a part oi one or
other of the Community quotas remaining unused in
one Member State when it could be used in others ;
Whereas, since the Ki - igdo.-n         of Belgium, the
Kingdom of the Netherlands and tfci Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union , ail transactions concerning
the administration of shares granted to the abo"er»n*n-
tioned economic union may t>e carried oat by any of
its rrtembers,
 ---pagebreak---                                                                  AOTJSK 'I
HAS ADOPTED THIS REGULATION :
                    ;                                      J
                               Article 1
 Prom 1 January 1976 until the conclusion of the exchange of letters referred to
in Article 19 of the Cooperation Agreement "between the Community and Morocco ,
or until suoh time as Community import arrangements are applied,' or until
31 December 1976-., whichever is the earliest , a duty-free Community tariff quota
                 •                      '                           sà '
of 14 000 tonnes shall be opened for imports into the Community o^ prepared
or preserved sardines falling within subheading 16.04 D of the Common Customs
Tariff and originating in Morooco.
                        •                         «
Prom 1 January 1976 until the conclusion of the exchange of letters
referred to in Article 19 of the Cooperation Agreement between the Community
and Morocco , or until such time as Community import arrangements are applied ,
or until 31 Demcember 1976, whichever is the earliest , a* Community tariff quota
of 6 000 tonnes at a duty rate of 10 % shall be opened for Imports into
the Community of prepared or preserved sardine falling within subheading 16.04 D
of the Goranon Customs Tariff and originating in Morocco*
 ---pagebreak---                                                                                                                     ΑΙ;:·~Χ ι
                                                                    - 5 -
                                Article 2                             4. Notwithstanding paragraphs 1 , 2 and 3, the
                                                                       Member States may proceed to draw shares smaller
        1.   The tariff quotas laid dov n in Article 1 shall be        than those fixed in those paragraphs if there is any
                                                                       reason to believe that those shares might not be used
       divided into two insl3lmem».eBpec-t j.VQ                       up. They shall inform the Commission of the reasons
                                                                      which led them to apply this paragraph.
       2.    A first instalment of each quota shall be shared
       among the Member States ; thefshares which, subiect
       to Article 5, shall be valid until "the end of the period,                             Article 4
       specified in Article 1 , shall be as
       follows t                                                       p,^h
                                                                       Each of the additional shares drawn pursuant to
                                                                      Article 3 shall be valid until "the end of "th.® period
                                                                     specified in Article 1 * .
                                Art . 1(1 ).         Art 1(2)
                                  tonnes                tonnes                                Article S
       Benelux                     1200                  . 515        The Member States shall return to the reserve, not
       Denmark                                                15      later than 1 October 1 97$, the unused portion of their
       Germany                     16ÖO                     7 20      initial share which, on 1.5 September 19& , is in
       France                      6450                    2Ö00       excess of 20 % of the initial amount. They may return
                                                              20
       Ireland
       Italy
                                     lg                       δο      a larger quantity if there are reasons to believe that
                                                                      such quantity might not be used.
       United Kingdom              1520                     650
                         Total   11200.·                  4&00        The Member States shall, not later than 1 October
                                                                      1978, notify the Commission of the total imports of
                                                                      the products concerned effected up to 1 5 September
                                                                      1978 inclusive and charged against the Community
       3.    The second instalment of each quota, 2600               quotas and, where appropriate, the proportion of their
oraies and 1200 tonnes                          respectively, shall   initial shares that is being returned to each reserve.
       constitute the reserve.
                                                                                              Article 6
                                Article 3
                                                                     The Commission shall keep account of the shares
       1.    If 90 % or more of one of the initial shares of a       opened by Member States in accordance with Articles
       Member State, as laid down in Article 2 (2) or 90 % or         2 and 3 and shall inform each of them of the extent
       more of that share less the amount returned into the           to which the reserves have been used as soon as it
       reserve, where the provisions of Article 5 have been           receives the notifications.
       applied, has been exhausted, that Member State shall
       proceed without delay, by notifying the Commission,           The Commission shall, not later than 5 October 197 t)
       to draw a second share equal to 15% of its initial            notify Member States of the amount in each reserve
       share, rounded up to the next unit where appropriate,         after the return of shares pursuant to Article 5.
       to the extent that the amount in the reserve allows.
                                                                     The Commission shall ensure that any drawing which
       2.    If, after one or other of its initial shares has been   uses up any "reserve is limited to the balance available
       exhausted , 90 % or more ®f the second share dri              and for this purpose, shall specify the amount thereof
       by a Member State has been used, that Member State            to the Member State which makes the final drawing.
       shall proceed in the manner specified in paragraph 1
       to draw a third share equal to 7-S % of its initial
       share, rounded up to the next unit where appropriate,                                  Article 7
       to the extent that the amount in the reserve allows.
                                                                      1.    The Member States shall take all appropriate
       3.    If, after one of its second shares has been             measures to ensure that, when additional shares are
       exhausted, 90 % or more of the rhird share drawn by           drawn pursuant to Article 3, it is possible for charges
       a Member State has been used , that Member State              to be made, without interruption , against their accu­
       shall proceed in the manner specified in paragraph I.         mulated shares of the Community tariff quotas.
       to draw a fourth share equal to the third .
                                                                     2.     The Member States shall ensure that importers
       This process shall be applied u^til the reserve is            of the said goods established in their termory have
       exhausted.                                              '     free access to the shares allocated to chem .
 ---pagebreak---                                        - * - :                            aimx i
               3. * ae Member Stares shall charge imports of the
               •aid goods against* thair shares ts and when the
               goods are entered for home use.
                   The e*tent to which a Member State has used
              up its share shall be determined on die basis of the
              imports charged in accordance with paragraph 3.
                                      Article 8
               At the Commissions request Member States shall
               inform it of imports of the products concerned actu­
               ally charged against their shares.
                                           . .   *
                                        Artide 9
                                                       0
                 The Member States and the Commission shall coop-
                 eratexlosely in order to ensure that the provisions of
                 this Regulation are observed. .
                                      Article 10
                Thi| Regulation shall enter into force on 1 January
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels.
                                                          For the Council
                                                           The President
 ---pagebreak---                                                           mu xi
                           Proposai for
                COUNCIL : JSGULATION (EEC ) No       i
                                                       /77
                           of
     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 ori­
                       ginating in Tunisia ( 197&)      <
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Eoonomio Community ,
 and in particular Artioles 43 and 113 thereof,
 Having regard to the proposal from the Commission ,
 Having regard to the opinion of the European Parliament^,
                                                                 *
 Whereas on            the Council decided to open a- Community tariff quota
 for prepared or preserved sardines falling within subheading 16.04 £ of the
 Common Customs Tariff and originating in Tunisia } whereas this quota is for
 a quantity of 100 tonnes free of duty } whereas this tariff quota is to apply
 from 1 January 197& until the conclusion of the exchange of letters .provided
\for in Article 16 of the Cooperation Agreement between the Community and Tunisia
 or until such time as Community arrangements for imports of the products in
 question are applied , or until 31 Deoember 197&, whichever is the earliest }
'Whereas this Community tariff quota should therefore be opened }
  OJ No
 ---pagebreak--- Whereas it is in particular necessary to ensure to al:
importers of the Member States equal and uninter­
rupted access to the quota and uninterrupted appli­
cation of the rate laid down for that quota to all im­
ports of the product in question inro all Member
States until the quota has been used up; whereas
having regard to the above principles the Community
nature of the quota can be respected by allocating
the tariff quota among the Member States; whereas,
to reflect most accurately the actual development of
the marker in the products in question, such allo­
cation should be in proportion to the requirements of
th e Member States, assessed by reference both to the
statistics relating to imports from Tunisia over               ,
 representative reference period and to the economic
 outlook for the quota period concerned;
Whereas, during the last three years for which- sta­
tistics are available,, the corresponding imports of
each Member Stare represent the following percent­
ages as against the imports into the Community from
Tunisia of the products concerned }
Member States                  197 4         1975         1976
Bénélux                           -             -           -
Denmark                           -             -           -
Germany                           -             –           –
«ΤΜίοβ                          100           100          100
                            (- 36 t )      (- 33 t ) (- 14 t )
Xrèland                           -             -           -
Italy                             - '           -           -
United Kingdom                    -             -           -
   Whereas these data cannot be considered as represen­
   tative to serve as a basis for allocation of the quota
   volume among the Member States; whereas it is
   difficult to estimate imports by Member States for .
   1978 because of the absence of any pattern in pre­
   vious years; whereas to allocate the quota volume on
   • fair basis, the initial quota shares may be fixed
   approximately at the following percentages:
           Bénélux                    *     10
           Denmark                            \
          Germany                           15
          France •                          50
          Ireland                            3
          Italy                              4
          United Kingdom                   15- •
         Λ
            \
 ---pagebreak--- Whr eas, to take account of fi-*ure import trends in
the various Member States for the products con­
cerned, the quota volume should be divided into two
instalments, the first instalment being allocated
among the Member States and the second held as
a reserve intended to cover at a later date the require­
ments of Member States which have used up their
initial share; whereas, in order to ensure a certain
degree of security to importers of each Member
State, the first instalment of the Community tariff
quota could be fixed at 80% of the quota volumes;
Whereas the initial shares may be used up sooner or
later; whereas, in order to take this fact into account
and to avoid any break in continuity, it is important
that any Member State which has used up almost all
of its initial share should draw a supplementary
share from the reserve; whereas rhis must be done
by each Member State if each of its supplementary
shares is almost used up, and as many times as the
reserve allows; whereas each initial and supplemen­
tary share must be valid until the end of the quota
period; whereas this form of administration requires
close collaboration between Member States and the
Commission, and the Commission must be in a posi­
tion to follow the extent to which the tariff quotas
have ibeen used up and inform the Member States
thereof;
Whereas if, at a given date in the quota period, a con­
siderable quantity of the initial share remains in any
Member State, it is essential that that State should
return a significant proportion to the reserve in order
to avoid part of the Community quota remaining un­
used in one Member State when it could be used in
others;
Whereas, since die Kingdom of Belgium, the King­
dom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, any measure concerning
the administration of the quota share; allocated to
that economic union may carried out by any of its
members,
 ---pagebreak---                                                                                                  r,
                  *ê                                                                                ' ■ ?
                                                     - 4 -                               4JWBX II
HAS ADOPTED THIS REGULATION
                                                     Artìole 1
                                                                                                        i
                                                                                                         t
 Prom 1 January 1976 until the conclusion of the exchange of letters referred to
in Article 16 of the Cooperation Agreement between the Community and Tunisia,
or until such time as Community import arrangements are applied , or until 31
December 1976, whichever is the earliest , a duty-free Community tariff quota
of 100 tonnes shall be opened for imports into the Community of prepared or
preserved sardines falling within subheading 16.04 D of the Common Customs Tariff
                                                                                           « r*
and originating in Tunisia.                                                               V
                                                     Article 2                       <
1 . The tariff quota referred to in Artiole 1 shall be divided into two instal­
ments .                                                             .
                              «»A first instalment, amounting to ®0 tonnes
                             of the Community tariff quota referred to in Article 1,   .
                             shall be allocated among the Mfcmber States; the
                             chares, which subject to Article 5 shall be valid until
                    jv.     the end of the period specified in Ar*
               . ' J" . tiole 1 , shall be as.'followsi
                                    Bénélux                   6 tonnes
                                    Denmark                   2   tonnes
                                    Germany                  12   tonnes
                                    France                   40   tonnes
                    *               Ireland                   2   tonnes
                                    Italy                     4   tonnes
                                    United Kingdom           12 "to*111®8
                           3. The second instalment of 20 tonnes              shall
                            constitute the reserve.                         '
                                                    Article 3
                        , 1 . If 90% or more of any Member Stare's initial
                           share as laid down in Article 2 ( 2), or. 90% of that
                           •hare less the amount returned into the reserve,
                           where Article 5 has been applied, has been exhausted,
                        t that Member Srate shall without delay, by notifying
                           the Commission, draw a second share in the quota
                           equal to 15% of its initial share, rounded up to die
                           next unit, where appropriate, to the extent that the
                         . amount in the reserve allows.
                          2. If, a/rcr its initial shaic has been exhausted, 90%
                          6r more of rhe second share drawn by a Member
                          Srate has been used, that Member State shall, in
                          accordance with the conditions laid down in para­
                         graph 1, draw a third share equal to 7*5% of its
                         initial share.
                         3. If, after its second share has been exhausted, 90%
                         or more of the third share drawn by a Member State
                         has been used, that Member Srate shall, in accord­
                         ance with rhe same conditions, draw a /ourth share
                         equal to rhe third.
 ---pagebreak---                                                             - 5 -                                    AMEX II
Tliis process shail be applied ur*'l the rescue is             The Commission shall ensure that any drawing
exhausted.                                                     which uses Mp the reserve is limited to the balance
                                                               available and, for this purpose, shall specify the
                                                               amount thereof to rhe Member State which makes
4. Notwithstanding die provisions of paragraphs 1
to 3 , Member States may draw smaller shares than-             the final drawing.
those fixed in those paragraphs if there is reason to
believe that these shares might not fee used up. They                                   Article 7
shall inform the Commission of their reasons for
applying this paragraph.                                       1 . The Member States         shall  take all  measures
                                                               necessary to ensure that supplementary shares drawn
                          Article 4                            pursuant to Article 3 are opened in such a way that
                                                               charges may he made without interruption against
                                                               their accumulative shares of the Community quota.
Each of trhe additional shares drawn pursuant to
Article 3 shall be valid until .the end of the pe­             2. Member States shall ensure that importers of the
 riod. specified in Article 1 .                                said products established in cheir territory have free
                                                                access to the shares allocated to them .
                          Article S
                                    \
                                                               3 . The Member States shall charge imports of che
The Member States shall, not later than 1 October               said goods against their shares as and when such
19 /6 , return to che reserve the unused porrion of            goods are entered for home use tinder cover of a
their initial share which, on 15 September i9~6 , is            deciaration that rhey have 'been made available for
in excess of 2C% of the initial amount. They may               consumption.
return a greater portion if there are grounds for be­
lieving that such portion may not be used in full .             4. The extent to which a Member State has used up
                                                                its share sihaH be determined on the basis of the
The Member States siiall, not 'later than 1 October             imports charged in accordance with paragraph 3.
19 / 6, notify the Commission of the total imports
of the products concerned effected under the Com­                                       Article 8
munity quota up to and including 15 September 197& ,
and where appropriate, the proportion of their                  On receipt of a request from the Commission, Mem­
 initial shares that :hey are returning to the reserve.         ber States shall inform it of imports actually charged
                                                                against rheir shares.
                          Article 6
                                                                                        Article 9
The Commission chall keep account of the shares
opened by che Member States in accordance wirh                 The Member States and the Commission shall co­
Articles 2 and 3 and shail inform each of them of the          operate closely in order to ensure that this Regu­
extent to which the reserve has been used as soon as            lation is observed.
 it receives the notifications.
                                                                                       Article 10
The Commission shalJ , not later dian 5 Octo<ber 197& ,
notify the Member States of the state of the reserve           This Regulation shall enter into force on 1 January
after the return of shares pursuant to Article 5 .             \ 9~fc .
               This Regulation shall be binding in its eaitirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                 Far the Council
                                                                                  The President