Council Regulation (EEC) No 3732/91 of 12 December 1991 opening, allocating and providing for the administration of a Community tariff quota for prepared or preserved sardines, originating in Morocco, for the period 1 January 1992 to 29 February 1992

COUNCIL REGULATION (EEC) No 3732/91  of 12 December 1991  opening, allocating and providing for the administration of a Community tariff quota for prepared or preserved sardines, originating in Morocco, for the period 1 January 1992 to 29 February  1992
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 proposal from the Commission,
Whereas Article 4 of Protocol 1 to the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco (1) states that prepared or preserved sardines falling within CN codes ex 1604 13 10 or ex 1604  20 50 and originating in Morocco shall be imported duty-free into the Community within the limits of a Community tariff quota of 17 500 tonnes (net weight); whereas, in order to ensure a regular flow to the Community market under this quota, the  quantities destined for that market may not exceed 60 % of the total volume of the quota in the first half of the year and may not exceed 35 % in the first quarter of the year; whereas, at the end of each of these periods, the quantities of the products  in question which have been allocated to, but not used by, the Member States should be returned immediately to the Community reserve;
Whereas the said Agreement on fisheries is due to expire at the end of February 1992 and whereas, pursuant to Article 12 of the Agreement, the Contracting Parties have begun negotiations with a view to the possible conclusion of a new agreement; whereas  in the meantime the tariff quota in question should be opened, for the period 1 January 1992 to 29 February 1992, for a quantity which, calculated pro rata temporis, amounts to 4 083 tonnes;
Whereas, within the limits of the tariff quota, Spain and Portugal shall apply the customs duties calculated according to the provisions of Council Regulation (EEC) No 3189/88 of 14 October 1988 laying down the arrangements to be applied by Spain and  Portugal to trade with Morocco (2);
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down for the quota should be applied consistently to all imports of the products in question into all the Member States until the quota is  exhausted;
Whereas the prepared and preserved sardines sector is encountering, in certain regions of the Community, economic constraints of a particular nature, bearing in mind notably the importance which sardine production may have in the fisheries production  structure as a whole, thus justifying the fact that the traditional commercial outlets for producers on external markets and, as a matter of priority, on the Community market, should not be adversely affected; whereas these specific economic  circumstances make it necessary to maintain the allocation between the Member States of the quota concerned for the period of application of this Regulation;
Whereas, bearing in mind the way in which trade has developed traditionally, the allocation maintained among Member States should, in order to correspond as closely as possible to the real trend of the market for the products in question, be carried out  on a pro rata basis according to the needs of the Member States, calculated on the basis of statistics of imports of the said products from Morocco during a representative reference period and on the economic outlook for the quota periods in question;
Whereas, in the last three years, the products in question were imported regularly only by certain Member States and not at all or only occasionally by the other Member States; whereas, in these circumstances, in the first phase, initial shares should  be allocated to the genuine importing Member States and the other Member States should be guaranteed access to the tariff quota when imports actually take place; whereas these arrangements for allocation will equally ensure the uniform collection of the  duties applicable;
Whereas, to allow for the trend of imports of the products concerned in the various Member States, the quota volume should be divided into two parts, the first being allocated among certain Member States and the second held as a reserve to cover any  subsequent requirements of Member States which have used up their initial shares and any requirements which might arise in the other Member States; whereas, to afford importers in each Member State some degree of certainty, an appropriate level for the  first part of the Community quota would, in the present circumstances, be 20 % of the quota volume, the second part, 80 %, constituting the reserve to which shall also be returned any amounts remaining from the shares allocated when the quota volume was  divided up;
Whereas, for the period concerned, the initial shares may be used up at different rates in each of the periods concerned; whereas, to provide for this eventuality and to avoid any break in the continuity of supplies, any Member State which has entirely  used up its initial share should draw an additional share from the Community reserve; whereas each Member State should effect its drawing whenever its additional share is almost used up, and as many times as the reserve allows; whereas this form of  administration requires close cooperation between Member States and the Commission and the latter must be able to monitor the extent to which the quota volume has been used up and to inform the Member States accordingly;
Whereas if, during the period concerned, the Community reserve is almost completely used up, it is essential that Member States return to the reserve the whole of the unused part of their initial shares and any drawings in order to prevent part of the  Community tariff quota remaining unused in one Member State when 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 concerning the administration of the quota may be carried out  by any one of its members,