CELEX: 51988PC0387
Language: en
Date: 1988-07-07
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Comnunity tariff quota for herring, fresh or chilled, originating in Sweden (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 387
Vol. 1988/0141
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM ( 88 ) 387   final
                                                       Brussels ,     7 July 1988
                               Proposai for a
                         COUNCIL REGULATION (EEC )
      opening , allocating and providing for the administration
           of a Comnunity tariff quota for herring , fresh
                  or chilled , originating in Sweden
                      ([ presented by the Commission )
                             *
                    O                   -         i. |
                                              £‘ : ' /
                    \X'           Ô--      * . -/
                              1K /, IU<
 ---pagebreak---                               Explanatory mémorandum
1.     Council' s Decision of 15 September 1986 concerning the conclusion of
       the Agreement in the form of Exchange of letters between the
       European Economic Community and the Kingdom of Sweden on the
       Agricultural and fisheries sectors ( 1 ) provides for the opening on a
       date to be determined by common accord of a Community tariff quota
        for herring , fresh or chilled , whole , headless or in pieces , and
       originating in Sweden . The rate of duty to be applied under this
       tariff quota is reduced in Portugal to 9.4 % until 31 December 1988
       and to 7.5 % from 1st January 1989 and to 0 % in the other Member
       .States .
2.     The present proposal aims at implementing this tariff quota for the
       period 15 September 1988 to 14 February 1989 .
3.     The Commission 's proposal for this product is mainly based on those
       usually put forward in the field of tariff quotas insofar as :
            the quota volume is divided into two parts , the first consisting
            of a fairly large quantity , allocated among certain Member
            States , who are regular importers , and the second being a
            reserve intended to cover any additional needs of these Member
            States , as well as the needs that could arise in the other
            Member States ;
            the allocation of initial shares to the Member States is based
            on the available statistics of past imports of Member States
            from Sweden over the last 3 years and on the anticipated needs
            of these Member States over the quota period .
 (1 ) OJ tfo L 328 , 22.11.1986 , p. 89
 ---pagebreak--- Community imports of peas from Sweden have , over the last 3 years , evolved
as follows :
Member State                    1985               1986                1987
Benelux                          310                 58                  18
Denmark                       30 783             25 045              10 872
Germany                        1 553              1 460                 729
Spain                              0                  0                   0
Greece                             0                  0                   0
France                             0                  0                  18
Ireland                            0                  0                   0
Italy                              0                  0                   0
Portugal                           0                  0                   0
United Kingdom                     0                  0                   0
                              32 656             26 563              11 637
On the basis of this information and the anticipated needs of these Member
States , one can make the following initial allocation of percentages to
Member States :
Member State
Benelux                         0.54
Denmark                        94.13
Germany                         5.30
France                          0.03
                                                                   J
 ---pagebreak---                                              Proposai for a
                                        COUNCIL REGULATION (EEC) No
                                                       of
                  opening, allocating and providing for the administration of a Community tariff
                  quota for herring, fresh or chilled.
                                                                    originating in Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       Sweden, into each of the Member States were as follows
                                                               (in tonnes) :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                                                  (tonnes)
thereof,
                                                                          Member State          1985     1986     1937
Having regard to the Act of Accession of Spain and
Portugal ,
Having regard to the proposal from the Commission,             Benelux                            310       58        18
                                                               Denmark                         30 783   25 045   TO' 872
Whereas an agreement between the European Economic             Germany                          1 563    1 460       729
Community and the Kingdom of Sweden was concluded              Spain                              -  0        0        0
on 22 July 1972 ; whereas, following the accession of          Greece                                0        0        0
Spain and Portugal, an Agreement in the form of                 France                               0        0       18
 Exchange of Letters was concluded between the European         Ireland                              0        0         0
 Economic Community and the Kingdom of Sweden on                Italy                                0'       0         0
 the Agricultural and Fisheries sector ; whereas this Agree¬    Portugal                             0        0         0
 ment was adopted by Decision 86/558/EEC (') ;                  United Kingdom                       0        0         0
 Whereas this Agreement provides for the opening, over a
 period to be determined by common accord, of a 20 000                                         32 656   26 563   11 65f
 tonnes duty free Community tariff quota for herring, fresh
 or chilled, whole, headless or in pieces, originating in       Whereas, during the last years under consideration, the
 Sweden ; whereas, therefore, the tariff quota in question      products in question were imported only by certain
 should be opened for the period 15 September 1983 to 14        Member States and not at all by the other Member States ;
 February 1989 and allocated among the Member States ;          whereas, under these circumstances, initial shares should
                                                                be allocated to the importing Member States and the
 Whereas equal and continuous access to the quota should        other Member States should be guaranteed access to the
 be ensured for all Community importers and the rate of         benefit of the tariff quota upon imports into those States
 levy for the tariff quota should be applied consistently to    of the products concerned being notified ; whereas these
 all imports until the quota is used up ; whereas, in the       arrangements for allocation will equally ensure the
 light of the principles outlined above, a Community tariff     uniform application of the Common Customs Tariff ;
 arrangement based on an allocation between the Member
  States would seem to preserve the Community nature of          Whereas, taking into account these factors and the fore¬
  the quota ; whereas, to represent as closely as possible the   casts made by certain Member States, the initial percent¬
  actual development of the market in the said goods, the        age shares in the quota volume can be set approximately
  allocation should follow proportionately the requirements      as follows :
  calculated both from statistics of imports from Sweden
  during a representative reference period and according to                Member State
  the economic outlook for the tariff year in question ;
                                                                           Benelux                          0,54
  Whereas, during the last three years for which statistics                Denmark                        94,13
  are available, imports of this type of fish, originating in                                               5,30
                                                                           Germany
  (' ) OJ No L 328 , 22. 11 . 1986, p. 89 .                                France                           0,03
                                                                                                                         4
 ---pagebreak---                                                                      -2-
Whereas, in order to take into account import trends for                        Whereas if, at a given date in the quota period, a
the products concerned in the various Member States, the                        considerable quantity of a Member State’s initial share
quota volume should be divided into two instalments, the                         remains unused, it is essential that such State should
first being shared among certain Member States and the                           return a significant proportion thereof to the reserve, in
second constituting a reserve to cover the subsequent                            order to prevent a part of the Community tariff quota
requirements of these Member States where they have                              from remaining unused in one Member State while it
used up their initial share and any additional require¬                          could be used in others ;
ments which might arise in the other Member States ;
whereas, in order to give importers in each Member State                         Whereas, since the Kingdom of Belgium, the Kingdom of
a certain degree of security, it is appropriate to fix the first                 the Netherlands and the Grand Duchy of Luxembourg
instalment of the Community quota at a level which, in                           are united within and jointly represented by the Benelux
the circumstances, could be 54 % of the quota volume ;                           Economic Union, any operation relating to the adminis¬
                                                                                 tration of the quota shares allocated to that economic
                                                                                 union may be carried out by any of its members,
Whereas initial shares may be used up at different rates ;
whereas, to avoid disruption of supplies on this account, it
should be provided that any Member State which has
almost used up its initial share should draw an additional                       HAS ADOPTED THIS REGULATION :
share from the reserve ; whereas, each time its additional
share is almost used up, a Member State should draw a
 further share and so on as many times as the reserve
allows ; whereas the initial and additional shares should                                                      Article 1
be valid until the end of the quota period ; whereas this
 form of administration requires close collaboration
 between the Member States and the Commission , and the                           1.    From 15 September 19® to 14 February 1989 the
 latter must be in a position to keep account of the extent                       Common Customs Tariff duty on the following products
 to which the quotas have been used up and to inform the                          shall be suspended at the level and within the limit of the
 Member States accordingly ;                                                      Community tariff quota as shown herewith :
                                                                                                                          Amount of          Rate of
       Order No
                     C Λ/ Cc-ifø.                                      Description                                        tariff quota         duty
                                                                                                                            (tonnes)           ( %i
 09.0616               0302 40 90      Herring and meat of herring,
                    ex0304 10 99       fresh or chilled, originating in Sweden                                           20 000                0(a )
                                                                                                                             20 000            0(a)
 (a) However, when those products are imported into Portugal the duty applicable shall b<9.4 % in 1988 -nd"^ - 5% in 1 9(9 within the limit of the quota-
       shares for which this Member State is eligible.
 2.       Imports of the products in question shall not benefit                   – whole herring : 1 ,
 from the tariff quotas referred to in paragraph 1 unless
 the free-at-frontier prices, which are determined by the                         – flaps of herring : 2,32,
 Member States according to Article 21 of Council Regula¬                         – pieces of herring : 1,96.
 tion ( EEC) No 3796/81 of 29 December 1981 on the
 common organization of the market in fishery
 products ( ' ), as last amended by Regulation (EEC) No
                                                                                  3. The protocol on the definition of the concept of
 3655/84 (J), are at least equal to the reference prices if
                                                                                  originating products and on methods of administrative
 such prices have been fixed or are to be fixed by the                            cooperation, annexed to the Agreement between the
                                                                                  European Economic Community and Sweden, shall be
 Community for the product under consideration or the
                                                                                  applicable.
 categories of the products concerned. For the calculation
 of the reference price the following coefficients shall be
 applicable :
                                                                                                               Article 2
  (' ) OJ No L 379, 31 . 12. 1981 , p. 1 .                                         1.   The tariff quota laid down in Article | ( 1 ) shall be
  [■) Ol No L 340 , 28 . 12. 1984, p. 1 .                                         divided into two instalments.
 ---pagebreak---                                                                  -3-
2.     A first instalment of this quota, amounting to 10 800       share which, on 1 January 1989 is in excess of 20 % of
tonnes, shall be shared among certain Member States ; the          the initial volume . They may return a greater portion if
respective shares, which, subject to Article 5, shall be valid      there are grounds for believing that it may not be used in
until 14 February 198?, shall be as follows :                       full .
             Member States                (in tonnes)               Member States shall, not later than 15 January 198$
              Benelux                            53                 notify the Commission of the total quantities of tKe
              Denmark
                                                                    product in question imported up to and including 1
                                             10 166
                                                                    January 19© and charged against the Community quota
              Germany                           573                 and of any portion of their initial shares returned to the
              France                              3                 reserve .
3.     The second instalment of the quota, being 9 200                                         Article 6
tonnes, shall constitute the reserve.
                                                                    The Commission shall keep an account of the shares
4.      If an importer notifies the imminent import of the          opened by the Member States pursuant to Articles 2 and 3
products in question into a Member State that does not              and shall, as soon as the information reaches it, inform
participate in the initial allocation and requests the              each State of the extent to which the reserve has been
benefit of the quota, the Member State concerned shall              used up.
inform the Commission and draw an amount correspond¬
ing to these requirements to the extent that the available           It shall, not later than 20 January 1989, inform the
balance of the reserve so permits.                                   Member States of the amount still in reserve, following
                                                                     any return of shares pursuant to Article 5.
                            Article 3                                It shall ensure that the drawing which exhausts the
                                                                     reserve does not exceed the balance available, and to this
 1.      If a Member State has used 90 % or more of its
                                                                     end shall notify the amount of that balance to the
 initial share as fixed in Article 2 (2), or of that share           Member State making the last drawing.
 minus any portion returned to the reserve pursuant to
Article 5, it shall forthwith, by notifying the Commission,
 draw a second share, to the extent that the reserve so                                        Article 7
 permits, equal to 10 % of its initial share, rounded up as
                                                                     1.    The Member States shall take all appropriate
 necessary to the next whole number.
                                                                     measures to ensure that additional shares drawn pursuant
 2.      If a Member State , after exhausting its initial share,     to Article 3 are opened in such a way that importations
 has used 90 % or more of the second share drawn by it,              may be charged without interruption against their
 that Member State shall forthwith, in the manner and to             accumulated shares of the Community quota.
 the extent provided in paragraph 1 , draw a third share             2.    TJie Member States shall ensure that importers of
 equal to 5 % of its initial share, rounded up as necessary          the product in question have free access to the shares
 to the whole number .
                                                                     allocated to them.
 3.      If a Member State, after exhausting its second share,       3.    The Member States shall charge imports of the
 has used 90 % or more of the third share drawn by it,               product in question against their shares as and when the
 that Member State shall , in the manner and to the extent           product is entered with the customs authorities for free
 provided in paragraph 1 , draw a fourth share equal to the          circulation .
 third .
                                                                      4. The extent to which a Member State has used up its
 This process shall apply until the reserve is used up.               share shall be determined on the basis of the imports
                                                                      charged in accordance with paragraph 3.
 4. By way of derogation from paragraphs 1 , 2 and 3, a
 Member State may draw shares lower than those specified
  in those paragraphs if there are grounds for believing that                                   Article 8
  those specified may not be used in full . Any Member
  State applying this paragraph shall inform the Commis¬              At the request of the - Commission, the Member States
  sion of its grounds for so doing.
                                                                      shall inform it of imports actually charged against their
                                                                      shares .
                             Article 4                                                          Article 9
  Additional shares drawn pursuant to Article 3 shall be              The Member States and the Commission shall cooperate
  valid until 14 February 1989                                        closely to ensure that this Regulation is complied with.
                             Article 5                                                         Article 10
  Member State shall, not later than 15 January 1989,                 This Regulation shall enter into force on 15 September
  return to the reserve the unused portion of their initial           1983 .
                                                                                                                                £
 ---pagebreak---                                                 -4-
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                         For the Council
                                                           The President
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Chap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      Intitulé de la mesure tarifaire : Proposition de règlement du
        Conseil portant ouverture , répartition et mode de gestion d' un
        contingent tarifaire ccnmunautaire pour des harengs , frais ou
        réfrigérés , originaires de Suède
4.      Objectif : Respecter les engagements contractés par la Carmunautê
        vis-à-vis de la Suède
5.      Mode de calcul :
        - Volume du contingent : 20 000 tonnes
        - Droit à appliquer : 0 %
        - Droit applicable :   15 %
6.      Perte de recettes :
        Valeur d' une tonne : 392,5 écus
        Val pur totale : 7 850 000 écus
        Perte de recette ( 15 % ) : 1 177 500 écus
        Par rapport à la période précédente , augmentation des pertes de
        recettes de 1 177 500 écus - 1 066 380 écus = 111 120 écus .
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent ex.
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Conmunauté .