31977R2876

No L 332/4 Official Journal of the European Communities 24. 12. 77

COUNCIL REGULATION ( EEC) No 2876/77 of 20 December 1977 opening, allocating and providing for the administration of Community tariff quotas for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff and originating in Morocco ( 1978)

THE COUNCIL OF THE EUROPEAN of the Member States represent the following percen­ COMMUNITIES, tages of the imports into the Community from Morocco of the products concerned : Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 Member State 1974 1975 1976 and 1 1 3 thereof,

Benelux 100 110 1 1 -3 Having regard to the proposal from the Commission, Denmark 0-2 0-3 0-3 Germany 11-3 10-6 23-3 France 62-2 55-7 561 Having regard to the opinion of the European Parlia­ Ireland 01 0-5 0-5 ment (*), Italy 30 1-4 0-2 United Kingdom 13-2 20-5 8-3 Whereas on 20 December 1977 the Council decided to open two Community tariff quotas for prepared or preserved sardines falling within subheading 16.04 D Whereas, in view of these factors and of the estimates of the Common Customs Tariff and originating in submitted by certain Member States, initial quota Morocco ; whereas the respective quota volumes and shares may be fixed approximately at the following duties are fixed at 14 000 tonnes free of duty and percentages : 6 000 tonnes at a duty rate of 1 0 % ; whereas these tariff quotas are to apply from 1 January 1978 until Of the quota Of the quota Member State of of the conclusion of the exchange of letters provided for 14 000 tonnes 6 000 tonnes in Article 19 of the Cooperation Agreement between the Community and Morocco, until such time as Community arrangements for imports of the products Benelux 13-49 9-54 Denmark 0-28 0-28 in question are applied, or until 31 December 1978 , Germany 13-33 13-33 whichever shall be the earliest ; whereas these Commu­ France 59-52 42-59 nity tariff quotas should therefore be opened ; Ireland 0-36 0-37 Italy 0-64 1-48 United Kingdom 12-38 32-41 Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to Whereas, in order to take into account import trends all imports of the products concerned into all Member for the products concerned in the different Member States until the quotas have been used up ; whereas, States, each of the quota amounts should be divided having regard to the principles mentioned above, the into two instalments, the first instalment being allo­ Community nature of the quotas can be respected by cated among the Member States and the second allocating the Community tariff quotas among the forming a reserve intended ultimately to cover the Member States ; whereas, in order to reflect most accu­ requirements of the Member States which have used rately the actual development of the market in the up their initial quota shares ; whereas, in order to products concerned, such allocation would be in ensure a certain degree of security for importers in proportion to the needs of the Member States, each Member State, the first instalment of the assessed by reference both to the statistics of each Community quotas should be determined at a level State's imports from Morocco over a representative which, under present circumstances, may be 90 % of period and to the economic outlook for the quota each of the quota amounts ; period concerned ;

Whereas the initial quota shares of the Member States Whereas, during the last three years for which statis­ may be used up at different times ; whereas, in order tics are available, the corresponding imports by each to take this fact into account and avoid any break in continuity, any Member State having used up almost (•) OJ No C 299, 12. 12 . 1977, p. 60 . the whole of any one of its initial quota shares should

24 . 12. 77 Official Journal of the European Communities No L 332/ 5

draw an additional quota share from the corres­ 2. A first instalment of each quota shall be shared ponding reserve ; whereas this must be done by each among the Member States ; the respective shares Member State when each of its additional quota shares which, subject to Article 5, shall be valid until the end is almost entirely used up, and repeated as many times of the period specified in Article 1 , shall be as as the reserve allows ; whereas the initial and addi­ follows : tional quota shares must be available for use until the (tonnes) end of the quota period ; whereas this method of administration calls for close cooperation between Member State Article 1 (2) Member States and the Commission , which must, in particular, be able to observe the extent to which the quota amounts are used and inform Member States Benelux 1 700 515 thereof ; Denmark 35 15 Germany 1 680 720 Whereas, if, at a given date in the quota period, a France 7 500 2 300 Ireland 45 20 considerable quantity of the initial share remains in Italy 80 80 any Member State, it is essential that that State should United Kingdom 1 560 1 750 return a significant proportion to the reserve in order to avoid part of the Community quota remaining unused in one Member State when it could be used in Total 12 600 5 400 others ;

Whereas, since the Kingdom of Belgium, the 3 . The second instalment of each quota, 1 400 Kingdom of the Netherlands and the Grand Duchy of tonnes and 600 tonnes respectively, shall constitute Luxemburg are united within and jointly represented the corresponding reserve. by the Benelux Economic Union, any measure concerning the administration of the quota shares allo­ cated to that economic union may be carried out by Article 3 any one of its members, 1 . If 90 % or more of one of the initial shares of a Member State, as laid down in Article 2 (2), or 90 % HAS ADOPTED THIS REGULATION : or more of that share less the amount returned into the corresponding reserve, where the provisions of Article 5 have been applied, has been exhausted, that Article 1 Member State shall proceed without delay, by noti­ fying the Commission, to draw a second share equal 1 . From 1 January 1978 until the conclusion of the to 10 % of its initial share, rounded up to the next exchange of letters referred to in Article 19 of the unit where appropriate, to the extent that the amount Cooperation Agreement between the Community and in the reserve allows . Morocco, until such time as Community import arran­ gements are applied or until 31 December 1978 , 2 . If, after one or other of its initial shares has been whichever shall be the earliest, a duty-free Commu­ exhausted , 90 % or more of the second share drawn nity tariff quota of 14 000 tonnes shall be opened for by a Member State has been used , that Member State imports into the Community of prepared or preserved shall proceed in the manner specified in paragraph 1 sardines falling within subheading 16.04 D of the to draw a third share equal to 5 % of its initial share, Common Customs Tariff and originating in Morocco. rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . 2. From 1 January 1978 until the conclusion of the exchange of letters referred to in Article 19 of the 3 . If, after one of its second shares has been Cooperation Agreement between the Community and exhausted, 90 % or more of the third share drawn by Morocco, until such time as Community import arran­ a Member State has been used, that Member State gements are applied or until 31 December 1978 , shall proceed in the manner specified in paragraph 1 , whichever shall be the earliest, a Community tariff to draw a fourth share equal to the third. quota of 6 000 tonnes at a duty rate of 10 % shall be opened for imports into the Community of prepared This process shall be applied until the reserve is or preserved sardines falling within subheading 16.04 exhausted . D of the Common Customs Tariff and originating in Morocco . 4 . By way of derogation to paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares Article 2 smaller than those fixed in those paragraphs if there is any reason to believe that those shares might not be 1 . The tariff quotas laid down in Article 1 shall be used up . They shall inform the Commission of the divided into two instalments . reasons which led them to apply this paragraph .

No L 332/6 Official Journal of the European Communities 24. 12 . 77

Article 4 and for this purpose, shall specify the amount thereof to the Member State which makes the final drawing. Each of the additional shares drawn pursuant to Article 3 shall be valid until the end of the period Article 7 defined in Article 1 . 1 . The Member States shall take all appropriate Article 5 measures to ensure that when additional shares are drawn pursuant to Article 3 it is possible for charges The Member States shall return to the reserve, not to be made without interruption against their accumu­ later than 1 October 1978 , the unused portion of their lated shares of the Community tariff quotas. initial share which, on 15 September 1978 , is in excess of 20 % of the initial amount. They may return 2. The Member States shall ensure that importers a larger quantity if there are reasons to believe that of the said goods established in their territory have free access to the shares allocated to them . such quantity might not be used. The Member States shall, not later than 1 October 3 . The extent to which a Member State has used up 1978, notify the Commission of the total imports of its share shall be determined on the basis of imports the products concerned effected up to 15 September of the products in question originating in Morocco when entered for home use . 1978 inclusive and charged against the Community quotas and, where appropriate, the proportion of their initial shares which is being returned to each reserve. Article 8 At the Commission's request Member States shall Article 6 inform it of imports of the products concerned actu­ The Commission shall keep account of the shares ally charged against their shares. opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent Article 9 to which the reserves have been used as soon as it The Member States and the Commission shall coop­ receives the notifications . erate closely in order to ensure that this Regulation is The Commission shall, not later than 5 October 1978 , observed . notify Member States of the amount in each reserve after the return of shares pursuant to Article 5. Article 10

The Commission shall ensure that any drawing which This Regulation shall enter into force on 1 January uses up any reserve is limited to the balance available 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 20 December 1977.

For the Council The President

H. SIMONET