31985R3386

6 . 12 . 85 No L 327 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC ) No 3386 / 85

of 18 November 1985

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 ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application Having regard to the Treaty establishing the European of the rates laid down for these quotas to all imports of the Economic Community , and in particular Article 113 products concerned into all Member States until the quotas thereof, have been used up ; whereas , having regard to the principles mentioned above , the Community nature of the quotas can be respected by allocating the Community tariff quotas Having regard to the proposal from the Commission , among the Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the Whereas the Cooperation Agreement between the products in question , such allocation should be in Community and Morocco (')> supplemented by Council proportion to the requirements of the Member States, Regulation ( EEC ) No 3511 / 81 of 3 December 1981 laying calculated by reference to the statistics for imports from down the arrangements applicable to trade between Greece Morocco over a representative reference period and also to and Morocco ( 2 ), provides that prepared and preserved the economic outlook for the quota period in question ; sardines , falling within subheading 16.04 D of the Common Customs Tariff and originating in Morocco , may be imported into the Community free of duty ; whereas the detailed arrangements must be fixed by an exchange of letters between the Community and Morocco ; whereas , Whereas , during the last three years for which statistics are since this exchange of letters has not yet taken place , it is available, the corresponding imports into each of the advisable to renew until 31 December 1986 the Member States represent the following percentages of the Community arrangements which were applied in 1985 ; imports into the Community from Morocco of the whereas it is advisable to open two Community tariff products concerned : quotas for importations into the Community of the products in question , one duty-free tariff quota of 14 000 tonnes and the other of 6 000 tonnes at a rate of duty of 10 % ; whereas these tariff quotas are to apply from 1983 1984 Member States 1982 1 January 1986 until either the conclusion of the exchange of letters provided for in Article 19 of the Cooperation Benelux 10,27 7,27 4,30 Agreement between the Community and Morocco or until Denmark 0,35 0,00 0,00 such time as Community arrangements for imports of the Germany 11,64 15,62 18,80 products in question are applied , but until 31 December Greece 0,51 1,02 1,60 1986 at the latest ; France 64,64 57,00 57,60 Ireland 0,00 0,00 0,50 Whereas , since a Protocol as provided for in Articles 179 Italy 0,04 0,76 1,50 and 366 of the Act of Accession of Spain and Portugal does not exist , the Community must adopt the measures referred United Kingdom 12,55 18,33 15,70 to in Articles 180 and 367 of that Act ; whereas the tariff measure concerned will , therefore , apply to the Community of Ten ;

Whereas , in view of these factors and of the estimates (») OJ No L 264 , 27 . 9 . 1978 , p . 2 . submitted by certain Member States initial shares may be ( 2 ) OJ No L 358 , 3 . 12 . 1981 , p . 1 . fixed approximately at the following percentages:

No L 327 / 2 6 . 12 . 85 Official Journal of the European Communities

Benelux 6,5 Cooperation Agreement between the Community and Denmark 0,1 Morocco , until such time as Community import Germany 15,3 arrangements are applied or until 31 December 1986 Greece 1,5 whichever shall be the earliest , a duty-free Community France 56,2 tariff quota of 14 000 tonnes shall be opened for import Ireland 1,9 into the Community of Ten of prepared or preserved Italy 0,8 sardines falling within subheading 16.04 D of the Common United Kingdom 17,7 Customs Tariff and originating in Morocco .

2 . From 1 January 1986 until either the conclusion of the Whereas , in order to take into account import trends for exchange of letters referred to in Article 19 of the the products concerned in the various Member States , each Cooperation Agreeement between the Community and quota should be divided into two instalments , the first Morocco or until such time as Community import being shared among the Member States and the second arrangements are applied but until 31 December 1986 at constituting a reserve to cover at a later date the the latest , a Community of Ten tariff quota of requirements of the Member States which have used up 6 000 tonnes at a duty rate of 10 % shall be opened for their initial quota shares ; whereas , in order to give imports into the Community of prepared or preserved importers in each Member State a certain degree of sardines falling within subheading 16.04 D of the Common security , the first instalment of the Community quotas Customs Tariff and originating in Morocco . should , under the circumstances , be fixed at 75 % respectively of the quota volumes ; Article 2

Whereas , the Member States' initial shares may be used up 1 . The tariff quotas laid down in Article 1 shall be divided into two instalments . at different times ; whereas , in order to take this fact into account and avoid any break in continuity , any Member State which has almost used up its initial quota shares 2 . A first instalment of each quota shall be shared among should draw an additional share from the corresponding the Member States ; the respective shares which , subject to reserve ; whereas this must be done by each Member State Article 5 , shall be valid until the end of the period specified in Article 1 shall be as follows : as and when each of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas f tonnes) the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration Member States Article 1 ( 1 ) Article 1 ( 2 ) requires close cooperation between the Member States and the Commission and the latter must be in a position to Benelux 680 230 monitor the extent to which the quota amounts have been 30 5 Denmark used up and to inform Member States thereof; 1 600 535 Germany Greece 160 50 France 5 890 1 960 Whereas , if, at a given date in the quota period , a Ireland 200 70 substantial quantity remains unused in any Member State , it is essential that that Member State should return a 80 30 Italy 1 860 620 significant proportion to the corresponding reserve to United Kingdom prevent a part of any tariff quota from remaining unused in 10 500 3 500 one Member State when it could be used in others ;

Whereas , since the Kingdom of Belgium , the Kingdom of 3 . The second instalment of each quota , i.e. 3 500 and the Netherlands and the Grand Duchy of Luxembourg are 2 500 tonnes respectively , shall constitute corresponding reserves . united within and jointly represented by the Benelux Economic Union , any operation relating to the administration of the quota shares allocated to that Article 3 economic union may be carried out by any of its members , 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 2 ), or 90 % of that share minus the portion returned to the corresponding reserve where Article 5 has been applied , has been used up , then , to the HAS ADOPTED THIS REGULATION : extent permitted by the amount of the reserve , that Member State shall forthwith , by notifying the Commission , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next Article 1 unit .

1 . From 1 January 1986 until the conclusion of the 2 . If, after one of its initial shares has been used up , 90 % exchange of letters referred to in Article 19 of the or more of the second share drawn by a Member State has

6 . 12 . 85 Official Journal of the European Communities No L 327 / 3

been used up , then that Member State shall , in accordance and , as soon as it is notified , shall inform each State of the with the conditions laid down in paragraph 1 , draw a third extent to which the reserves have been used up . share equal to 5% of its initial share , rounded up where necessary to the next unit . It shall inform the Member States , not later than 5 October 1986 , of the amount in each reserve after quantities have 3 . If, after one of its second shares has been used up , been returned thereto pursuant to Article 5 . 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance It shall ensure that the drawing which exhausts any reserve with the conditions laid down in paragraph 1 , draw a does not exceed the balance available and , to this end , shall fourth share equal to the third . notify the amount of that balance to the Member State making the last drawing . This process shall continue until the reserve is used up .

Article 7 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in 1 . The Member States shall take all measures necessary to those paragraphs if there is reason to believe that they might not be used up . It shall inform the Commission of its ensure that additional shares drawn pursuant to Article 3 reasons for applying this paragraph . are opened in such a way that imports may be charged without interruption against their accumulated shares of the tariff quota . Article 4 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated The additional shares drawn pursuant to Article 3 shall be to them . valid until the end of the period specified in Article 1 .

3 . The extent to which a Member State has used up its Article 5 shares shall be determined on the basis of the imports of the products concerned originating in Morocco and entered with customs authorities for free circulation . The Member States shall return to the reserve , not later than 1 October 1986 such unused portion of their initial share as , on 15 September 1986 is in excess of 20 % of the Article 8 initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be At the Commission's request , the Member States shall used . inform it of imports of the products concerned actually charged against their shares . The Member States shall notify the Commission , not later than 1 October 1986 , of the total quantities of the products in question imported up to 15 September 1986 and charged Article 9 against the tariff quota and of any quantity of the initial shares returned to the reserve . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

Article 6 Article 10 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 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 Brussels , 18 November 1985 .

For the Council

The President

M. FISCHBACH