COUNCIL REGULATION (EEC) No 2282/92
of 3 August 1992
opening and providing for  the administration of a Community tariff quota for herring, fresh or chilled, 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, an Agreement in  the form of an Exchange of Letters was concluded between the European Economic Community and the  Kingdom of Sweden on the agriculturan and fisheries sector; whereas this Agreement was adopted by  Decision 86/558/EEC  (1);
Whereas this Agreement provides for the opening, over a period to be determined by common accord,  of a 20  000 tonne duty-free Community tariff quota for herring, fresh or chilled, whole, headless  or in pieces, originating in Sweden; whereas, therefore, the tariff quota in question should be  opened for the period 15 August 1992 to 14 February 1993;
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, it is appropriate to take the necessary measures to ensure efficient Community  administration of this tariff quota while offering the Member States the opportunity to draw from  the quota volume the necessary quantities corresponding to actual imports; whereas this method of  administration requires close cooperation between the Member States and the Commission;
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, all  transactions concerning the administration of this quota may be carried out by one of its members,
1.  From 15 August 1992 to 14 February  1993 the Common Customs Tariff duty on the following products shall be suspended at the level and  within the time limit of the Community tariff quota as shown herewith: >TABLE>
(1)  Taric  codes: ex  0302  40  90  *  20, ex  0304  10  93  *  20, ex  0304  10  98  *  16.
(a)  However, within the limits of this quota, Portugal shall benefit from a reduced duty of 1,9  %  in 1991 and 0  % in 1992.
2.  Imports of the products in question shall not benefit from the tariff quotas referred to in  paragraph 1 unless the free-at-frontier prices, which are determined by the Member States according  to Article 21 of Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization  of the market in fishery products  (1), 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 levy  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,
-  pieces of herring: 1,96.
3.  The Protocol on the definition of the concept of originating products and on methods of  administrative cooperating, annexed to the Agreement between the European Economic Community and  Sweden, shall be applicable.
The tariff quota referred to in Article 1 shall be  administered by the Commission, which may take all appropriate administrative measures in order to  ensure effective administration thereof.
If an importer presents, in a Member State, a  declaration of entry into free circulation, including a request for preferential benefit for a  product covered by this Regulation and if this declaration is accepted by the customs authorities,  the Member State concerned shall inform the Commission and draw an amount corresponding to its  requirements from the quota amount.
The drawing requests, with indication of the date of acceptance of the said declarations, must be  transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the  declaration of entry into free circulation by the customs authorities of the Member State concerned  to the extend that the available balance so permits.
If a Member States does not use the quantities drawn, it shall return them as soon as possible to  the quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation  shall be made on a pro rata basis with respect to the requests. Member States shall be informed by  the Commission thereof.
Each Member State shall ensure that importers of the products  concerned have equal and continuous access to the quota for such time as the residual balance of  the quota volume so permits.
Member States and the Commission shall collaborate closely  in order to ensure that this Regulation is complied with.
This Regulation shall enter  into force on 15 August 1992.
This Regulation shall be binding in its entirety  and directly applicable in all Member States.