31985R3134

No L 304 / 14 16 . 11 . 85 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3134 / 85

of 22 October 1985

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 ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES, proportion to the requirements of the Member States , calculated , on the one hand , by reference to the statistics for imports from Tunisia over a representative reference period and , on the other hand , by reference to the Having regard to the Treaty establishing the European economic outlook for the quota period in question ; Economic Community , and in particular Article 113 thereof, Whereas , during the last three years for which statistics are available , the corresponding imports into each of the Having regard to the proposal from the Commission , Member States represent the following percentages of imports into the Community from Tunisia of the products concerned : Whereas the Cooperation Agreement between the Community and Tunisia^ 1 ) provides that prepared and preserved sardines , falling within subheading 16.04 D of Member State 1982 1983 1984 the Common Customs Tariff and originating in Tunisia , may be imported into the Community free of duty ; whereas Benelux the detailed arrangements must be fixed by an exchange of Denmark letters between the Community and Tunisia ; whereas , since Germany this exchange of letters has not yet taken place , it is Greece advisable to renew until 31 December 1986 the France 100 Community arrangements which were applied in 1985 , (= 14 whereas it is advisable to open a Community tariff quota tonnes ) Ireland for the importation into the Community of the products in Italy question of 100 tonnes free of duty ; whereas this tariff United Kingdom quota is to apply from 1 January 1986 until either the conclusion of the exchange of letters provided for in Article 18 of the Cooperation Agreement between the Community and Tunisia or until such time as Community arrangements for imports of the products in question are Whereas these data cannot be considered as representative applied , but until 31 December 1986 at the latest ; and cannot serve as a basis for allocation of the quota among the Member States ; whereas it is difficult to forecast the Member States' imports for 1986 because of their Whereas , since a Protocol as provided for in Articles 179 situation in previous years ; whereas , in order that the and 366 of the Act of Accession of Spain and Portugal does quota may be allocated fairly , the initial quota shares may not exist , the Community must adopt the measures referred be fixed approximately at the following percentages: to in Articles 180 and 367 of that Act ; whereas the tariff measure concerned will , therefore , apply to the Benelux 8 Community of Ten ; Denmark 4 Germany 16 Greece 2 Whereas it is in particular necessary to ensure for all France 50 Community importers equal and uninterrupted access to Ireland 2 the abovementioned quota and uninterrupted application Italy 2 of the rate laid down for that quota to all imports of the United Kingdom 16 products concerned into all Member States until the quota has been used up ; whereas , having regard to the above principles , the Community nature of the quota can be Whereas , in order to take into account import trends for respected by allocating the Community tariff quota among the products concerned in the various Member States , each the Member States ; whereas , in order to reflect as of the quota amounts should be divided into two accurately as possible the true trend of the market in the instalments , the first being shared among the Member products in question , such allocation should be in States and the second constituting a reserve to cover at a later date the requirements of the Member States which have used up their initial quota shares ; whereas , in order to give importers in each Member State a certain degree of (>) OJ No L 265 , 27 . 9 . 1978 , p. 1 . security , the first instalment of the Community quota

16 . 11 . 85 No L 304 / 15 Official Journal of the European Communities

should , under the circumstances , be fixed at 50 % of the subject to Article 5 shall be valid until the end of the period quota volume ; specified in Article 1 , shall be as follows :

(tonnes ) Whereas the Member States' initial shares may be used up Benelux 4 at different times; whereas , in order to take this fact into Denmark 2 account and avoid any break in continuity , any Member Germany 8 State which has almost used up its initial quota share Greece 1 should draw an additional share from the reserve ; whereas France 25 this must be done by each Member State as and when each Ireland 1 of its additional shares is almost used up , and repeated as Italy 1 many times as the reserve allows ; whereas the initial and 8 United Kingdom additional shares must be valid until the end of the quota period ; whereas this method of administration requires 3 . The second instalment of 50 tonnes shall constitute the close cooperation between the Member States and the reserve . Commission , and the latter must be in a position to monitor the extent to which the quota volume has been used up and to inform the Member States thereof;

Article 3 Whereas , if, at a given date " in the quota period , a 1 . If 90 % or more of a Member State's initial share as substantial quantity of an initial share remains unused in any Member State, it is essential that that Member State specified in Article 2 ( 2 ), or 90 % of that share minus the should return a significant proportion to the reserve to portion returned to the reserve where Article 5 has been prevent a part of any tariff quota from remaining unused in applied , has been used up , then , to the extent permitted by one Member State when it could be used in others; the amount of the reserve , that Member State shall forthwith , by notifying the Commission , draw a second share equal to 15 % of its initial share , rounded up where Whereas , since the Kingdom of Belgium , the Kingdom of necessary to the next unit. the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux 2 . If, after one of its initial shares has been used up , 90 % Economic Union , any Operation relating to the or more of the second share drawn by a Member State has administration of the quota shares allocated to that been used up , then , to the extent permitted by the amount economic union may be carried out by any of its of the reserve , that Member State shall , in accordance with members , the conditions laid down in paragraph 1 , draw a third share equal to 7,5 % of its initial share , rounded up where necessary to the next unit.

3 . If, after one of its second shares has been used up , HAS ADOPTED THIS REGULATION : 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . Article 1 This process shall continue until the reserve is used up . From 1 January 1986 until the conclusion or the exchange 4 . By way of derogation from paragraphs 1 , 2 and 3 , a of letters referred to in Article 18 of the Cooperation Member State may draw shares smaller than those fixed in Agreement between the Community and Tunisia , until those paragraphs if there is reason to believe that they such time as Community import arrangements are applied might not be used up . It shall inform the Commission of its or until 31 December 1986 , whichever shall be the earliest, reasons for applying this paragraph . a duty-free Community tariff quota of 100 tonnes shall be opened for imports into the Community of Ten of prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff and originating in Tunisia . Article 4

The additional shares drawn pursuant to Article 3 shall be Article 2 valid until the end of the period specified in Article 1 .

1 . The tariff quota referred to in Article 1 shall be divided into two instalments . Article 5

2 . A first instalment, amounting to 50 tonnes of the The Member States shall return to the reserve , not later Community tariff quota referred to in Article 1 , shall be than 1 October 1986 , such unused portion of their initial allocated among the Member States ; the shares , which share as , on 15 September 1986 , is in excess of 20 % of the

No L 304 / 16 Official Journal of the European Communities 16 . 11 . 85

initial volume . They may return a larger quantity if there are opened in such a way that imports may be charged are grounds for believing that this quantity may not be without interruption against their accummulated shares of used . the tariff quota .

The Member States shall notify the Commission , not later 2 . The Member States shall ensure that importers of the than 1 October 1986 , of the total quantities of the products products in question have free access to the shares allocated in question imported up to 15 September 1986 and charged to them . against the tariff quota and of any quantity of the initial shares returned to the reserve . 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports of the products in question originating in Tunisia and entered Article 6 with customs authorities for free circulation .

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 Article 8 and , as soon as it is notified , shall inform each Member State of the extent to which the reserve has been used up . At the Commission's request , the Member States shall inform it of imports of the products concerned actually It shall inform the Member States , not later than 5 October charged against their shares . 1986 , of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 .

It shall ensure that the drawing which exhausts any reserve Article 9 does not exceed the balance available and , to this end , notify the amount of that balance to the Member State The Member States and the Commission shall cooperate making the last drawing. closely to ensure that this Regulation is complied with .

Article 7 Article 10 1 . The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 This Regulation shall enter into force on 1 January 1986 .

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

Done at Luxembourg, 22 October 1985 .

For the Council

The President

J. F. POOS