COMMISSION REGULATION (EEC) No 3900/92
of 23 December 1992
laying down the special rules of  application for the Community import arrangements for certain species of preserved tuna, bonito and  sardines and fixing the quantities of those products which may be imported during 1993
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization  of the market in fishery and aquaculture products  (1), and in particular Article 21 (5) thereof,
Whereas Article 21 of Regulation (EEC) No 3759/92 establishes arrangements limiting for a period of  four years from its date of entry into force increases in the quantities of the products referred  to in Annex IV C thereof which may be imported into the Community; whereas these arrangements apply  with due regard to the Community's international commitments;
Whereas the limits in question must be determined by applying to the volumes imported during the  reference year a rate of increase calculated according to the method laid down by Article 21 (2) of  Regulation (EEC) No 3759/92, which may not be less than 6  %; whereas, therefore, the quantities of  the products concerned which may be imported into the Community in 1993 should be fixed in  accordance with this method;
Whereas Article 21 (4) of Regulation (EEC) No 3759/92 lays down that the abovementioned import  arrangements must be generally applied in accordance with the provisions of Article 11 of Council  Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports  (2); whereas, therefore,  the importation of the products concerned must be subject to the issuing of the import document  referred to in the said Regulation so that the authorized volumes of imports can be recorded and  controlled;
Whereas, in order to apply the import arrangements, measures must be adopted to reconcile the needs  of efficient management and the interests of the importers concerned; whereas the conditions for  the issuing of the import document and the time limits for applications by importers should be laid  down; whereas, to prevent fraudulent practices by the said importers, the issuing of import  documents should be subject to the lodging of an adequate security;
Whereas management of the import arrangements requires the establishment of a system of tri-weekly  communications between the competent national authorities and the Commission; whereas where the  quantities for which import applications are submitted exceed the quantities available provision  should be made for the Commission to take the relevant decision within the necessary time limit;
Whereas the Management Committee for Fishery Products could not express an opinion as regards the  measures provided for in this Regulation within the time required by its President,
1.  Import into the Community of the  products referred to in Article 21 of Regulation (EEC) No 3759/92 originating in third countries  not linked to the Community by a conventional preference agreement or in countries linked to the  Community by an agreement not covering the said products shall be subject, until 31 December 1996,  to the issuing of the import document provided for in Article 11 of Regulation (EEC) No 288/92.
2.  For 1993 the import document referred to in paragraph 1 shall be issued for the following  quantities: >TABLE>
1.  The import document referred to in Article 1 (1) shall  be issued by the competent body of the importer Member State in accordance with Article 11 (1) and  (2) of Regulation (EEC) No 288/82.
2.  The import document shall only be valid for the products for which it has been requested and  shall give the right to import the specified quantity of that product during the document's period  of validity. That period of validity shall be six months from the date of issue of the document.
1.  The overall quantity referred to in Article 1 (2) for each of the products  concerned shall be allocated as follows:
(a)  a total of 85  % to importers having imported those same products originating in the third  countries referred to in Article 1 (1), during the two preceding calendar years;
(b)  a total of 15  % to importers not fulfilling the condition laid down in (a).
However, where no applications are submitted for the quantity available for the group of importers  referred to in subparagraph (a) or (b) or are submitted for only a part of that quantity, the  available quantity shall be allocated to the applications submitted by the other group of  importers. The allocation shall be made not later than 30 September of the current year.
2.  (a)  Applications for import documents submitted by the importers referred to in paragraph 1  (a) shall not relate, per six-month period, to a quantity exceeding 60  % of the average annual  quantity imported by that same importer during the two preceding calendar years.
(b)  Applications for import documents submitted by the importers referred to in paragraph 1 (b)  shall not relate, per six-month period, to a quantity exceeding 10  % of the quantity available  under that same paragraph 1 (b).
3.  Applications for import documents by the importers referred to in paragraph 1 (a) shall be  accompanied by information which, to the satisfaction of the competent national authorities,  permits verification of compliance with the conditions laid down in paragraphs 1 (a) and 2 (a).
4.  The import document shall be issued after a security has been lodged equal to a fixed amount  per unit of weight for the total quantity for which authorization to import has been requested;  that amount shall be ECU 50 per tonne.
1.  For each of the products referred to in  Article 1 (2), the Member States shall inform the Commission by telex or fax of the total  quantities for which import documents have been requested, broken down by application, as follows:
-  each Wednesday, as regards applications made on Monday and Tuesday,
-  each Friday, as regards applications made on Wednesday and Thursday,
-  each Monday, as regards applications made on Friday of the previous week.
2.  If the quantities applied for exceed the quantity available, the Commission shall set a uniform  percentage reduction for the applications in question and suspend the right of Member States to  issue import documents against subsequent applications.
3.  Import documents shall be issued on the fifth working day following that on which applications  are lodged provided that special measures are not adopted in the meantime.
4.  The Commission shall regularly inform the Member States of the utilization of the quantities  laid down in Article 1 (2).
5.  Member States shall inform the Commission, by 31 December 1992 at the latest, of the name and  address of the body or bodies responsible for issuing the import document referred to in Article 1  (1).
This Regulation shall not apply to quantities of the products referred to in  Article 1 (2) which it can be proven, to the satisfaction of the competent national authorities,  were in the course of being shipped to the Community's territory on the date of application of  Regulation (EEC) No 3759/92, provided that the said quantities are released into free circulation  by 15 January 1993 at the latest.
Without prejudice to the special provisions laid down  in the present Regulation, Member States shall, mutatis mutandis, apply as and when required, the  rules and procedures defined by Commission Regulation (EEC) No 3719/88 laying down common detailed  rules for the application of the system of import and export licenses and advance fixing  certificates for agricultural products  (1).
This Regulation shall enter into force on  the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1993, with the exception of Article 4 (5) which shall apply from the  date of its entry into force.
This Regulation shall be binding in its entirety  and directly applicable in all Member States.