CELEX: 51987PC0294
Language: en
Date: 1987-07-02
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for herring, fresh or chilled, falling within subheading ex 03.01 B I a) 2 aa) of the Common Customs Tariff, originating in Sweden (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 294
Vol. 1987/0174
 ---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(87 ) 294 final
                                               Brussels , 2 July 1987
                                   Proposai for a
                              COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration of a
            Community tariff quota for herring , fresh or chilled ,
             falling within subheading ex 03.01 B I a ) 2 aa ) of the
                   Common Customs Tariff , originating in Sweden
                           ( submitted by the Commission )
 C0MC87 ) 294 final
 ---pagebreak---                                           5
                              Explanatory memorandum
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 , falling within
      subheading ex 03.01 B I a 2 aa ) of the Common Customs tariff , and
      originating in Sweden . The rate of duty to be applied under this tariff
      quota is reduced in Portugal to 11,3 % until 31 December 1987 and to
      9,4 % from 1 January 1988 and to 0 % in the other Member States .
2.    The present proposal aims at implementing this tariff quota for the
      period 15 September 1987 to 14 February 1987 .
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 ) O.J. No 328 , 22.11.1986 , p. 89 .
 ---pagebreak---                                          3
Community imports of peas from Sweden have , over the last 3 years , evolved
as follows :
Member State                          1984         1985            1986
Benelux                              1 093          310               58
Denmark                             37 900       30 783         25 045
Germany                              2 822        1 563          1 460
Spai n                                   0          0               0
Greece                                   0          0               0
France                                   3          0               0
Ireland                                 16          0               0
Italy                                    0          0               0
Portugal                                 0          0               0
United Kingdom                           0          0               0
                                    41 834       32 656         26 563
On the basis of this information and the anticipated needs of these Member
States , one can make the following inital allocation of percentages to
Member States :
Member State
Benelux                        1,45
Denmark                       92,75
Germany                        5,78
France                         0,02
 ---pagebreak---                            prnnncal
                           , ,        v.
                                         ■for
                                            •
                                               a
                                               ut
                   COUNCIL REGULATION (EEC) No
                                  of
opening, allocating and providing for thè administration of a Community tariff
quota for herring, fresh or chilled, fading within subheading ex 03.01 B I a) 2 aa)
           of thè Common Customs Tariff, originating in Sweden
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               Having regard to the Treaty establishing the European
               Economic Community, and in particular Article 113
               thereof,
               Having regard to the Act of Accession of Spain and
               Portugal,
               Having regard to the proposal from the Commission,
               Whereas an agreement between the European Economic
               Community and the Kingdom of Sweden was concluded
               on 22 July 1972 ; whereas, following the accession of
               Spain and Portugal a n Agreement in the form
               of Exchange of Letters was concluded between the
               European Ecamomi c ■ Communi ty and the Kingdom of Sweden
              on the Agricultural and Fisheries sector / whereas
                this Agreement wdi adopted fcy the council 's Decision
               of 15 September 1986(1 ).
                Whereas this Agreement                     provides for the  '
                opening, over a period to be determined by common
                accord, of a 20 000 tonnes duty free Community tariff
                quota for herring, fresh or chilled, whole, headless or in
                pieces, originating in Sweden ; whereas, therefore, thè
                tariff quota in question should be opened for thè period
                15 September 198 < to 14 February 198 3 and allocated
                among thè Member States ;
                Whereas equal and continuous access to the quota should
                be ensured for all Community importers and the rate of
                levy for the tariff quota should be applied consistently to
                all imports until the quota is used up ; whereas, in the
                light of the principles outlined above, a Community tariff
                arrangement based on an allocation between the Member
                States would seem to preserve the Community nature of
                the quota ; whereas, to represent as closely as possible the
                actual development of the market in the said goods, the
                allocation should follow proportionately the requirements
                calculated both from statistics of imports from Sweden
                during a representative reference period and according to
                the economic outlook for the tariff year in question ; '
                ( 1 ) 0J N 0 L 328 , 22.11.1986 , p.89
 ---pagebreak---    Whereas, during the last      years for which statistics are
   available, imports of this type of fish, originating in
   Sweden , into each of the Member States were as follows
   (in tonnes) :
                 Member State                1984
                                                        1985      1986
   Benelux                                   1 093         310       58
   Denmark                                  37 900    30 783     25 045
   Germany                                   2 822      1 563     1 460
   Spain                                          0            0       Q
   Greece                                         0            0       0
   France                                         3            0       0
   Ireland                                      16             0       0
   Italy                                          0            0       0
   Portugal                                       0
                                                               0       0
   United Kingdom                                 0            0       0
                                            41 834    32 656     26 563
   Whereas, during the             years under consideration,
 , the products in question were imported only by certain
   Member States and not at all by the other Member States ;
   whereas, under these circumstances, initial shares should
   be allocated to the importing Member States and the
   other Member States should be guaranteed access to the
   benefit of the tariff quota upon imports into those States
   of the products concerned being notified ; whereas these
   arrangements for allocation will equally ensure the
   uniform application of the Common Customs Tariff 1
1 Whereas, taking into account these factors and the fore¬
   casts made by certain Member States, the initial percent¬
   age shares in the quota volume can be set approximately
   as follows :
             Member State
             Benelux                           1,45
             Denmark                          92,75
             Germany                           5,78
             France
                                               0,02
 ---pagebreak--- Whereas, in order to take into account import trends for
the products concerned in the various Member States, the
quota volume should be divided into two instalments, the
first being shared among certain Member States and the
second constituting a reserve to cover the subsequent
requirements of these Member States where they have
used up their initial share and any additional requirp-
ments which might arise in the other Member States ;
whereas, in order to give importers in each Member State
a certain degree of security, it is appropriate to fix the first
instalment of the Community quota at a level which, in
the circumstances, could be 67% of the quota volume ;
Whereas initial shares may be used up at different rates ;
whereas, to avoid disruption of supplies on this account, jt
should be provided that any Member State which hcjs
almost used up its initial share should draw an additional
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
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
latter must be in a position to keep account of the extent
to which the quotas have been used up and to inform the
Member States accordingly ;
Whereas if, at a given date in the quota period, a
considerable quantity of a Member State’s initial share
remains unused , it is essential that such State should
return a significant proportion thereof to the reserve, in
order to prevent a part of the Community tariff quota
from remaining unused in one Member State while it
could be used in others ;
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 operation relating to the adminis¬
tration of the quota shares allocated to that economic
union may be carried out by any of its members,
 ---pagebreak---                                           1
                          HAS ADOPTED THIS REGULATION :
                                              Article 1
1.    From 15 September 1987 to 14 February 1988 , the Common Customs
      Tariff duty on the following products shall be suspended at the
      level and within the limit of a Community tariff quota as shown
        herewith :
 Order       CCT                Description                     Amount of Rate of
   N0         heading                                           tariff       duty
              N,                                                guota ( t_)^ _ (%)^ _
09.0616       03.01      Fish , fresh ( live or
                         dead ), chi lied or
                         frozen
                         B. Saltwater fish :
                             I. Whole , headless
                                or in pièces :
                                a ) Herring :
                                    2.  From 16 June
                                        to 14 February :
                                        aa ) Fresh or chilled _
                            originating in Sweden               20 000         0(a )
    ( a ) However , when these products are imported into Portugal thè duty
          applicable shall be 11,3% in 1987 and 9,4% in 1988 within thè
          limit of thè quota-shares allocated to this Member State .
 ---pagebreak---                                    n
                                   >
      Imports of the products in question shall not benefit front
     the tariff quota referred to in paragraph I unless the fre -
     at-froi.ticr prices, which are determined by the Member
     States according to Article 21 of Council Regulation
     (EEC) NT 3796/81 of 29 December 1981 on the common
      organization of the market in fishery products ('), as last
      amended by Regulation (EEC) No 36.55/84 (2), are at least
      equal to the reference prices if such prices have been
      fixed or are to be fixed by the Community for the product
      under consideration or the categories of the products
      concerned. For the calculation of the reference price the
      following coefficients shall be applicable :
      – whole herring : 1 ,
     – flaps of herring : 2,32,
     – pièces of herring : 1,96.
     3. The protocol on the définition of the concept of
     originating products and on methods of administrative
     coopération, annexed to the Agreement between the
      European Economie Community and Sweden, shall be
     applicable.
                                Article 2
      1.    The tariff quota laid down in Article 1 ( 1 ) shall be
     divided into two instalments.
      2.    A first instalment of this quota, amounting to 13400
      tonnes, shall be shared among certain Member States ; the
      respective sharcs, which , subject to Article 5, shall be valid
     until 14 Fehruary 198 ^ shall be as follows :
                 Member States                 (in tonnes)
                 Benelux                             194
                 Denmark                        12 428
                 Germany                             775
                 France                                 3
      3.    The second instalment of the quota, being 6 400
      tonnes, shall constitute the reserve.
     4.     If an importer notifies the imminent import of the
      products in question into a Member State that does not
      participate in the initial allocation and requests the
      benefit of the quota, the Member State concerned shall
      inform the Commission and draw an amount correspond¬
      ing to these requirements to the extent that the available
      balance of the reserve so permits.
( ' ) O ) No 1. 379, 31 . 12. 1981 , p. I
(!) OJ No I 140, 28 . 12. 1984, p. I
 ---pagebreak---                              Article 3
  1.      If a Member State has used 90% or more of its
  initial share as fixed in Article 2 (2), or of that share
  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
  permits, equal to 10 % of its initial share, rounded up as
  necessary to the next whole number.
  2.      If a Member State, after exhausting its initial share,
  has used 90 % or more of the second share drawn by it,
 that Member State shall forthwith , in the manner and to
 the extent provided in paragraph 1 , draw a third share
 equal to 5 % of its initial share, rounded up as necessary
 to the 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, in the manner and to the extent
provided 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, a
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 Commis¬
sion of its grounds for so doing.
                            Article 4
Additional shares drawn pursuant to Article 3 shall be
valid until 14 February 198g .
                            Article 5
Member State shall , not later than 15 January 19fQ ,
return to the reserve the unused portion of their initial
share which, on 1 January 19S8 is in excess of 20 % of
the initial volume . They may return a greater portion if
there are grounds for believing that it may not be used in
full .
Member States shall , not later than 15 January 1988 ,
notify the Commission of the total quantities of the
product in question imported up to and including 1
January 1988 and charged against the Community quota
and of any portion of their initial shares returned to the
reserve .
                            Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as the information reaches it, inform
each State of the extent to which the reserve has been
used up .
 ---pagebreak---                                                 40
                   It shall, not later than 20 January 1988, inform the
                   Member States of the amount still in reserve, following
                   any return of shares pursuant to Article 5.
                   It shall ensure that the drawing which exhausts the
                   reserve does not exceed the balance available, and to this
                   end shall notify the amount of that balance to the
                   Member State making the last drawing.
                                             Article 7
                   1 . The Member States shall take all appropriate
                   measures to ensure that additional shares drawn pursuant
               ; to Article 3 are opened in such a way that importations
               I may be charged, without interruption against their
                   accumulated shares of the Community quota.
                   2. The Member States shall ensure that importers of
                , the product in question hâve free access to the shares
                   allocated to them .
                   3. The Member States shall charge imports of the
                 . product in question against their shares as and when the
                   product is entered with the customs authorities for free
                   circulation .
                   4. The extent to which a Member State has used up its
                   share shall be determined on the basis of the imports
                   charged in accordance with paragraph 3.
                                             Article 8
                   At the request of the Commission, the Member States
                   shall inform it of imports actually charged against their
                   shares .
                                             Article 9
                   The Member States and the Commission shall cooperate
                   closely to ensure that this Regulation is complied with.
                                            Article 10
                   This Régulation shall enter into force on 15 September
                   198 7
This Régulation shall be binding in its entirety and directly applicable in ail Member
States .
Done at Brussels,
                                                               For the Counci!
                                                                The President
 ---pagebreak---                 FICHE D' IMPACT SUR IA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engajenent
contractuel de la Conmunautê . L' impact découlant de cette concession a
été pris en considération lors de la prise de décision d' adoption de ce
cont iirjent et il n' aura pas un caractère sérieux sur la conjiétitivité e
L' eapLoi dans la Cotnuunauté .