Council Regulation (EEC) No 1613/88 of 9 June 1988 opening, allocating and providing for the administration of a Community tariff quota for herrings

COUNCIL  REGULATION (EEC) No 1613/88
of 9 June 1988
opening, allocating and providing for the administration of a Community tariff quota for herrings
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 the Community undertook to open an annual duty-free Community tariff quota for 34 000 tonnes of herrings, imported from 16 June 1988 to 14 February 1989 in a fresh, chilled or frozen state, subject to compliance with the reference price; whereas, therefore, it is appropriate to open, for the period 16 June 1988 to 14 February 1989, the duty-free tariff quota in question, bearing in mind the obligation to comply with the reference price fixed;
Whereas equal and continuous access to the said quota should be ensured for all importers and the rate of levy for the tariff quota should be applied consistently to all imports until the said 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, this allocation should follow proportionately the requirements of the Member States calculated both from statistics of imports from third countries during a representative reference period and according to the economic outlook for the quota period in question;
Whereas, during the last three years for which complete statistics are available, the imports of each Member State represent the following percentages in relation to the total imports of the products in question:
1.2.3.4 //  //  //  //  //  // 1984   // 1985   // 1986   //   //   //   //   // Benelux   // 4,06   // 3,70   // 2,73  // Denmark   // 66,39   // 68,88   // 71,86   // Germany  // 24,44   // 19,30   // 20,56   // Greece   // -   // -  // -   // Spain   // -   // -   // -   // France   // 2,35  // 5,47   // 2,62   // Ireland   // 0,02   // -   // -  // Italy   // 0,02   // -   // -   // Portugal   // -   // -  // -   // United Kingdom   // 2,72   // 2,65   // 2,23   //  //   //   //
Whereas, in view of the above and of the foreseeable trend of the market for these products in the quota period, the initial quota shares may be as indicated in Articles 2 and 3;
Whereas, to take account of the possible import trends for this product, the quota volume should be divided into two parts, the first being allocated between the Member States and the second held as a reserve to cover any subsequent requirements of Member States which have used up their initial share; whereas, to give importers some degree of certainty, the first part of the tariff quota should be fixed at a high level, which in this case could be 25 500 tonnes;
Whereas initial shares may be used up at different rates; whereas, to take account of this fact and to avoid any interruption, it should be provided that any Member State which has 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 Commission must, in particular, 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 of the quota period, a con- siderable 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 measure concerning the administration of the share allocated to that economic union may be carried out by any one of its members,