31977R2877

24 . 12 . 77 Official Journal of the European Communities No L 332/7

COUNCIL REGULATION ( EEC) No 2877 /77 of 20 December 1977 opening, allocating and providing for the administration of a Community tariff quota for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff and originating in Tunisia ( 1978 )

THE COUNCIL OF THE EUROPEAN against the imports into the Community from Tunisia COMMUNITIES, of the products concerned :

Member State 1974 1975 1976 Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof, Benelux Denmark — — Germany Having regard to the proposal from the Commission, France 100 100 100 (= 36 t) (= 33 t) (= 14 t) Ireland — — — Having regard to the opinion of the European Parlia­ — — — Italy ment (J ), .— — — United Kingdom

Whereas on 20 December 1977 the Council decided to open a Community tariff quota for prepared or preserved sardines falling within subheading 16.04 D Whereas these data cannot be considered as represen­ of the Common Customs Tariff and originating in tative to serve as a basis for allocation of the quota Tunisia ; whereas this quota is for a quantity of 100 volume among the Member States ; whereas it is diffi­ tonnes free of duty ; whereas this tariff quota is to cult to estimate imports by Member States for 1978 apply from 1 January 1978 until the conclusion of the because of the absence of any pattern in previous exchange of letters provided for in Article 18 of the years ; whereas, to allocate the quota volume on a fair Cooperation Agreement between the Community and basis, the initial quota shares may be fixed approxi­ Tunisia, until such time as Community arrangements mately at the following percentages : for imports of the products in question are applied or until 31 December 1978 , whichever shall be the earliest ; whereas this Community tariff quota should Benelux 10 % therefore be opened ; Denmark 3 % Germany 15 % France 50 % Whereas it is in particular necessary to ensure im­ Ireland 3 % porters of the Member States equal and uninterrupted Italy 4 % access to the quota and uninterrupted application of United Kingdom 15 % the rate laid down for that quota to all imports of the products in question into the Member States until the quota has been used up ; whereas having regard to the above principles the Community nature of the quota Whereas, to take account of future import trends in can be respected by allocating the tariff quota among the Member States ; whereas to reflect most accurately the various Member States for the products concerned, the quota volume should be divided into two instal­ the actual development of the market in the products in question, such allocation should be in proportion ments, the first instalment being allocated among the Member States and the second held as a reserve to the requirements of the Member States, assessed by intended to cover at a later date the requirements of reference both to the statistics relating to imports Member States which have used up their initial share ; from Tunisia over a representative reference period whereas, in order to ensure a certain degree of security and to the economic outlook for the quota period concerned ; to importers of each Member State, the first instal­ ment of the Community tariff quota could be fixed at 80 % of the quota volume ; Whereas, during the last three years for which statis­ tics are available, the corresponding imports of each Member State represent the following percentages as Whereas the initial shares may be used up at different (!) OJ No C 299 , 12 . 12 . 1977, p. 60 . times ; whereas, in order to take this fact into account

No L 332/8 24 . 12. 77 Official Journal of the European Communities

and to avoid any break in continuity, it is important the end of the period specified in Article 1 , shall be as follows : that any Member State which has used up almost all of its initial share should draw a supplementary share (tonnes) from the reserve ; whereas this must be done by each Benelux 8 Member State if each of its supplementary shares is Denmark 2 almost used up, and as many times as the reserve Germany 12 allows ; whereas each initial and supplementary share France 40 must be valid until the end of the quota period ; Ireland 2 whereas this form of administration requires close 4 Italy collaboration between Member States and the 12 United Kingdom Commission, and the Commission must be in a posi­ tion to follow the extent to which the tariff quotas 3 . The second instalment of 20 tonnes shall consti­ have been used up and inform the Member States tute the reserve . thereof ; Article 3 Whereas if, at a given date in the quota period, a considerable quantity of the initial share remains in 1 . If 90 % or more of any Member State's initial any Member State, it is essential that that State should share, as laid down in Article 2 (2), or 90 % or more return a significant proportion to the reserve in order of that share less the amount returned into the to avoid part of the Community quota remaining reserve, where Article 5 has been applied, has been unused in one Member State when it could be used in exhausted, that Member State shall without delay, by others ; notifying the Commission, draw a second share in the quota equal to 1 5 % of its initial share, rounded up to the next unit, where appropriate, to the extent that the Whereas, since the Kingdom of Belgium, the amount in the reserve allows . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented 2. If, after its initial share has been exhausted, by the Benelux Economic Union, any measure 90 % or more of the second share drawn by a concerning the administration of the quota shares allo­ Member State has been used, that Member State shall, cated to that economic union may be carried out by in accordance with the conditions laid down in para­ any one of its members, graph 1 , draw a third share equal to 7-5 % of its initial share .

3 . If, after its second share has been exhausted, 90 % or more of the third share drawn by a Member HAS ADOPTED THIS REGULATION : State has been used, that Member State shall , in accor­ dance with the same conditions, draw a fourth share equal to the third . Article 1 This process shall be applied until the reserve is exhausted . From 1 January 1978 until the conclusion of the exchange of letters referred to in Article 18 of the 4. By way of derogation from paragraphs 1 , 2 and Cooperation Agreement between the Community and 3, Member States may draw smaller shares than those Tunisia, until such time as Community import fixed in those paragraphs if there is reason to believe arrangements are applied or until 31 December 1978 , that these shares might not be used up. They shall whichever shall be the earliest, a duty-free Commu­ inform the Commission of their reasons for applying nity tariff quota of 100 tonnes shall be opened for this paragraph . imports into the Community of prepared or preserved sardines falling within subheading 16.04 D of the Article 4 Common Customs Tariff and originating in Tunisia. Each of the additional shares drawn pursuant to Article 3 shall be valid until the end of the period specified in Article 1 . Article 2

Article 5 1 . The tariff quota referred to in Article 1 shall be divided into two instalments . The Member States shall , not later than 1 October 1978 , return to the reserve the unused portion of their 2. A first instalment, amounting to 80 tonnes of initial share which, on 15 September 1978 , is in the Community tariff quota referred to in Article 1 , excess of 20 % of the initial amount. They may return shall be allocated among the Member States ; the a greater portion if there are grounds for believing shares, which subject to Article 5 shall be valid until that such portion may not be used in full.

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The Member States shall, not later than 1 October pursuant to Article 3 are opened in such a way that 1978, notify the Commission of the total imports of charges may be made without interruption against the products concerned effected under the Commu­ their accumulative shares of the Community quota . nity quota up to and including 15 September 1978 , 2. Member States shall ensure that importers of the and where appropriate, the proportion of their initial said products established in their territory have free shares that they are returning to the reserve. access to the shares allocated to them . Article 6 3 . The extent to which a Member State has used up its share shall be determined on the basis of the The Commission shall keep account of the shares imports of the products in question originating in opened by the Member States in accordance with Arti­ Tunisia when entered for home use . cles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as it Article 8 receives the notifications . At the Commission's request Member States shall The Commission shall , not later than 5 October 1978 , inform it of the products concerned actually charged notify the Member States of the state of the reserve against their shares. after the return of shares pursuant to Article 5. Article 9 The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available The Member States and the Commission shall coop­ and, for this purpose, shall specify the amount thereof erate closely in order to ensure that this Regulation is of the Member State which makes the final drawing. observed .

Article 7 Article 10 1 . The Member States shall take all measures neces­ This Regulation shall enter into force on 1 January sary to ensure that supplementary shares drawn 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