CELEX: 31985R3134
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3134/85 of 22 October 1985 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 (1986)

No L 304 / 14                              Official Journal of the European Communities                                   16 . 11 . 85
                                          COUNCIL REGULATION (EEC) No 3134 / 85
                                                          of 22 October 1985
                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 ( 1986 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              proportion to the requirements of the Member States ,
                                                                       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 Treaty establishing the European                  economic outlook for the quota period in question ;
Economic Community , and in particular Article 113
thereof,
                                                                      Whereas , during the last three years for which statistics are
                                                                       available , the corresponding imports into each of the
Having regard to the proposal from the Commission ,                    Member States represent the following percentages of
                                                                       imports into the Community from Tunisia of the products
                                                                       concerned :
Whereas the Cooperation Agreement between the
Community and Tunisia^ 1 ) provides that prepared and
preserved sardines , falling within subheading 16.04 D of                         Member State           1982       1983        1984
the Common Customs Tariff and originating in Tunisia ,
may be imported into the Community free of duty ; whereas              Benelux
the detailed arrangements must be fixed by an exchange of              Denmark
letters between the Community and Tunisia ; whereas , since            Germany
this exchange of letters has not yet taken place , it is               Greece
advisable     to  renew      until   31  December     1986    the      France                            100
Community arrangements which were applied in 1985 ,                                                     (= 14
whereas it is advisable to open a Community tariff quota                                               tonnes )
                                                                       Ireland
for the importation into the Community of the products in
question of 100 tonnes free of duty ; whereas this tariff              Italy
                                                                       United Kingdom
quota is to apply from 1 January 1986 until either
the conclusion of the exchange of letters provided for in
Article 18 of the Cooperation Agreement between the
Community and Tunisia or until such time as Community
arrangements for imports of the products in question are               Whereas these data cannot be considered as representative
applied , but until 31 December 1986 at the latest ;                   and cannot serve as a basis for allocation of the quota
                                                                       among the Member States ; whereas it is difficult to forecast
                                                                       the Member States' imports for 1986 because of their
Whereas , since a Protocol as provided for in Articles 179             situation in previous years ; whereas , in order that the
and 366 of the Act of Accession of Spain and Portugal does             quota may be allocated fairly , the initial quota shares may
not exist , the Community must adopt the measures referred             be fixed approximately at the following percentages:
to in Articles 180 and 367 of that Act; whereas the tariff
measure concerned will , therefore , apply to the                              Benelux                                        8
Community of Ten ;                                                             Denmark                                        4
                                                                               Germany                                      16
                                                                               Greece                                         2
Whereas it is in particular necessary to ensure for all                        France                                       50
Community importers equal and uninterrupted access to                          Ireland                                        2
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
principles , the Community nature of the quota can be                 Whereas , in order to take into account import trends for
respected by allocating the Community tariff quota among              the products concerned in the various Member States , each
the Member States ; whereas , in order to reflect as
                                                                      of the quota amounts should be divided into two
accurately as possible the true trend of the market in the            instalments , the first being shared among the Member
products in question , such allocation should be in
                                                                      States and the second constituting a reserve to cover at a
                                                                      later date the requirements of the Member States which
                                                                      have used up their initial quota shares ; whereas , in order to
                                                                      give importers in each Member State a certain degree of
(>) OJ No L 265 , 27 . 9 . 1978 , p. 1 .                              security , the first instalment of the Community quota
 ---pagebreak---  16 . 11 . 85                            Official Journal of the European Communities                                 No L 304 / 15
 should , under the circumstances , be fixed at 50 % of the          subject to Article 5 shall be valid until the end of the period
 quota volume ;                                                      specified in Article 1 , shall be as follows :
                                                                                                                        (tonnes )
 Whereas the Member States' initial shares may be used up                   Benelux                                         4
 at different times; whereas , in order to take this fact into              Denmark                                         2
 account and avoid any break in continuity, any Member                      Germany                                         8
 State which has almost used up its initial quota share                     Greece                                          1
 should draw an additional share from the reserve ; whereas                 France                                         25
 this must be done by each Member State as and when each                    Ireland                                         1
 of its additional shares is almost used up, and repeated as                Italy                                           1
 many times as the reserve allows; whereas the initial and                  United Kingdom                                  8
 additional shares must be valid until the end of the quota
 period; whereas this method of administration requires              3.  The second instalment of 50 tonnes shall constitute the
 close cooperation between the Member States and the
                                                                    reserve .
 Commission , and the latter must be in a position to
 monitor the extent to which the quota volume has been
 used up and to inform the Member States thereof;
                                                                                                 Article 3
 Whereas , if, at a given date " in the quota period , a
 substantial quantity of an initial share remains unused in          1.  If 90 % or more of a Member State's initial share as
 any Member State, it is essential that that Member State           specified in Article 2 ( 2 ), or 90 % of that share minus the
 should return a significant proportion to the reserve to           portion returned to the reserve where Article 5 has been
 prevent a part of any tariff quota from remaining unused in        applied , has been used up , then , to the extent permitted by
 one Member State when it could be used in others;                  the amount of the reserve , that Member State shall
                                                                    forthwith , by notifying the Commission , draw a second
                                                                    share equal to 15 % of its initial share , rounded up where
Whereas , since the Kingdom of Belgium , the Kingdom of             necessary to the next unit.
 the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux                2 . If, after one of its initial shares has been used up , 90 %
Economic Union , any Operation relating to the                      or more of the second share drawn by a Member State has
administration of the quota shares allocated to that                been used up , then , to the extent permitted by the amount
economic union may be carried out by any of its                     of the reserve, that Member State shall , in accordance with
members ,                                                           the conditions laid down in paragraph 1 , draw a third
                                                                    share equal to 7,5 % of its initial share , rounded up where
                                                                    necessary to the next unit.
                                                                    3 . If, after one of its second shares has been used up ,
HAS ADOPTED THIS REGULATION :
                                                                    90 % or more of the third share drawn by a Member State
                                                                    has been used up , that Member State shall , in accordance
                                                                    with the conditions laid down in paragraph 1 , draw a
                                                                    fourth share equal to the third .
                           Article 1
                                                                    This process shall continue until the reserve is used up .
From 1 January 1986 until the conclusion or the exchange
of letters referred to in Article 18 of the Cooperation             4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Agreement between the Community and Tunisia , until                 Member State may draw shares smaller than those fixed in
such time as Community import arrangements are applied              those paragraphs if there is reason to believe that they
or until 31 December 1986 , whichever shall be the earliest,        might not be used up . It shall inform the Commission of its
a duty-free Community tariff quota of 100 tonnes shall be           reasons for applying this paragraph .
opened for imports into the Community of Ten of prepared
or preserved sardines falling within subheading 16.04 D of
the Common Customs Tariff and originating in Tunisia .
                                                                                                Article 4
                                                                    The additional shares drawn pursuant to Article 3 shall be
                           Article 2
                                                                    valid until the end of the period specified in Article 1 .
1 . The tariff quota referred to in Article 1 shall be divided
into two instalments .
                                                                                                Article 5
2 . A first instalment, amounting to 50 tonnes of the               The Member States shall return to the reserve, not later
Community tariff quota referred to in Article 1 , shall be         than 1 October 1986 , such unused portion of their initial
allocated among the Member States ; the shares , which              share as , on 15 September 1986 , is in excess of 20 % of the
 ---pagebreak--- No L 304 / 16                             Official Journal of the European Communities                                 16 . 11 . 85
initial volume . They may return a larger quantity if there          are opened in such a way that imports may be charged
are grounds for believing that this quantity may not be              without interruption against their accummulated shares of
used .                                                               the tariff quota .
The Member States shall notify the Commission , not later            2 . The Member States shall ensure that importers of the
than 1 October 1986 , of the total quantities of the products        products in question have free access to the shares allocated
in question imported up to 15 September 1986 and charged             to them .
against the tariff quota and of any quantity of the initial
shares returned to the reserve .                                     3 . The extent to which a Member State has used up its
                                                                     shares shall be determined on the basis of the imports of
                                                                     the products in question originating in Tunisia and entered
                           Article 6                                 with customs authorities for free circulation .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
                                                                                                Article 8
and , as soon as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .
                                                                     At the Commission's request , the Member States shall
It shall inform the Member States , not later than 5 October         inform it of imports of the products concerned actually
1986 , of the amount in the reserve after quantities have            charged against their shares .
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts any reserve                                     Article 9
does not exceed the balance available and , to this end ,
notify the amount of that balance to the Member State                The Member States and the Commission shall cooperate
making the last drawing.                                             closely to ensure that this Regulation is complied with .
                           Article 7
                                                                                               Article 10
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3            This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Luxembourg, 22 October 1985 .
                                                                                         For the Council
                                                                                           The President
                                                                                             J. F. POOS