31986R4118

31 . 12 . 86 Official Journal of the European Communities No L 380 / 27

COUNCIL REGULATION ( EEC ) No 4118 / 86 of 22 December 1986

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 ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , principles , the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the Having regard to the Treaty establishing the European products in question , such allocation should be in Economic Community , and in particular Article 113 proportion to the requirements of the Member States , thereof, 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 proposal from the Commission , economic outlook for the quota period in question ;

Whereas the Cooperation Agreement between the Whereas , during the last three years for which statistics are Community and Tunisia (*), completed by Council available , the corresponding imports into each of the Regulation ( EEC ) No 1080 / 83 of 18 April 1983 laying Member States represent the following percentages of down the arrangements applicable to trade between Greece imports into the Community from Tunisia of the products and Tunisia ( 2 ), provides that prepared and preserved concerned : sardines , falling within subheading 16.04 D of the Common Customs Tariff and originating in Tunisia , may be imported into the Community free of duty ; whereas the Member State 1983 1984 1985 detailed arrangements must be fixed by an exchange of letters between the Community and Tunisia ; whereas , since Benelux _ l this exchange of letters has not yet taken place , it is Denmark — — — advisable to renew until 31 December 1987 the — — — Germany Greece — — Community arrangements which were applied in 1986 ; France — — 100 whereas it is advisable to open a Community tariff quota for the importation into the Community of the products in I ( = 6 t) Ireland — — — question of 100 tonnes free of duty ; whereas this tariff — _ — Italy quota is to apply from 1 January 1987 until either — — — United Kingdom the conclusion of the exchange of letters provided for in Article 18 of the Cooperation Agreement between the European Economic Community and the Republic of Tunisia or until such time as Community arrangements for Whereas these data cannot be considered as representative imports of the products in question are applied , but until and cannot serve as a basis for allocation of the quota 31 December 1987 at the latest ; among the Member States ; whereas it is difficult to forecast the Member States' imports for 1987 because of their situation in previous years ; whereas , in order that the Whereas , since a Protocol as provided for in Articles 179 quota may be allocated fairly , the initial quota shares may and 366 of the Act of Accession of Spain and Portugal does be fixed approximately at the following percentages : not exist , the Community must adopt the measures referred to in Articles 180 and 367 of that Act ; whereas the tariff Benelux 8 measure concerned will , therefore , apply to the Denmark 4 Community of Ten ; Germany 16 Greece 2 France 50 Whereas it is in particular necessary to ensure for all Ireland 2 Community importers equal and uninterrupted access to Italy 2 the abovementioned quota and uninterrupted application United Kingdom 16 of the rate laid down for that quota to all imports of the products concerned into all Member States until the quota has been used up ; whereas , having regard to the above Whereas , in order to take into account import trends for the products concerned in the various Member States , each of the quota amounts should be divided into two (>) OJ No L 265 , 27 . 9 . 1978 , p . 1 . instalments , the first being shared among the Member ( 2 ) OJ No L 120 , 6 . 5 . 1983 , p . 1 . States and the second constituting a reserve to cover at a

No L 380 / 28 Official Journal of the European Communities 31 . 12 . 86

later date the requirements of the Member States which prevent a part of any tariff quota from remaining unused in have used up their initial quota shares ; whereas , in order to one Member State when it could be used in others ; give importers in each Member State a certain degree of security , the first instalment of the Community quota Whereas , since the Kingdom of Belgium , the Kingdom of should , under the circumstances , be fixed at 50 % of the the Netherlands and the Grand Duchy of Luxembourg are quota volume ; united within and jointly represented by the Benelux Economic Union , any operation relating to the administration of the quota shares allocated to that Whereas the Member States' initial shares may be used up economic union may be carried out by any of its at different times ; whereas , in order to take this fact into members , account and avoid any break in continuity , any Member State which has almost used up its initial quota share should draw an additional share from the reserve ; whereas this must be done by each Member State as and when each HAS ADOPTED THIS REGULATION : of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota Article 1 period ; whereas this method of administration requires close cooperation between the Member States and the From 1 January 1987 until the conclusion or the exchange Commission , and the latter must be in a position to of letters referred to in Article 18 of the Cooperation monitor the extent to which the quota volume has been Agreement between the European Economic Community used up and to inform the Member States thereof; and the Republic of Tunisia or until such time as Community import arrangements are applied or until 31 December 1987 , whichever shall be the earliest , the Whereas , if, at a given date in the quota period , a customs duty applicable , on import into the Community of substantial quantity of an initial share remains unused in Ten , for the following products shall be suspended at the any Member State , it is essential that that Member State level and within the limits of a Community tariff quota as should return a significant proportion to the reserve to follows :

CCT Quota Order Quota volume heading Description duty No ( in tonnes ) No ( % )

09.1201 16.04 D Prepared or preserved sardines , originating in Tunisia 100 free

Article2¶

1 . The tariff quota referred to in Article 1 shall be divided 1 . If 90 % or more of a Member State's initial share as into two instalments . specified in Article 2 ( 2 ), or 90 % of that share minus the portion returned to the reserve where Article 5 has been applied , has been used up , then , to the extent permitted by 2 . A first instalment , amounting to 50 tonnes of the the amount of the reserve , that Member State shall Community tariff quota referred to in Article 1 , shall be forthwith , by notifying the Commission , draw a second allocated among the Member States ; the shares , which share equal to 15 % of its initial share, rounded up where subject to Article 5 shall be valid until the end of the period necessary to the next unit . specified in Article 1 , shall be as follows :

2 . If, after one of its initial shares has been used up , 90 % (tonnes) or more of the second share drawn by a Member State has Benelux 4 been used up , then , to the extent permitted by the amount Denmark 2 of the reserve , that Member State shall , in accordance with Germany 8 the conditions laid down in paragraph 1 , draw a third Greece 1 share equal to 7,5 % of its initial share , rounded up where France 25 necessary to the next unit . Ireland 1 1 Italy United Kingdom 8 3 . If, after one of its second shares has been used up , 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance 3 . The second instalment of 50 tonnes shall constitute the with the conditions laid down in paragraph 1 , draw a reserve . fourth share equal to the third .

31 . 12 . 86 Official Journal of the European Communities No L 380 / 29

This process shall continue until the reserve is used up . It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and , to this end , 4 . By way of derogation from paragraphs 1 , 2 and 3 , a notify the amount of that balance to the Member State Member State may draw shares smaller than those fixed in making the last drawing . those paragraphs if there is reason to believe that they might not be used up . It shall inform the Commission of its reasons for applying this paragraph . Article 7

1 . The Member States shall take all measures necessary to Article 4 ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged The additional shares drawn pursuant to Article 3 shall be without interruption against their accummulated shares of valid until the end of the period specified in Article 1 . the tariff quota .

Article 5 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated to them . The Member States shall return to the reserve , not later than 1 October 1987 , such unused portion of their initial 3 . The extent to which a Member State has used up its share as , on 15 September 1987 , is in excess of 20 % of the shares shall be determined on the basis of the imports of initial volume . They may return a larger quantity if there the products in question originating in Tunisia and entered are grounds for believing that this quantity may not be with customs authorities for free circulation . used .

The Member States shall notify the Commission , not later Article 8 than 1 October 1987 of the total quantities of the products in question imported up to 15 September 1987 and charged At the Commission's request , the Member States shall against the tariff quota and of any quantity of the initial shares returned to the reserve . inform it of imports of the products concerned actually charged against their shares .

Article 6 Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 The Member States and the Commission shall cooperate and , as soon as it is notified , shall inform each Member closely to ensure that this Regulation is complied with . State of the extent to which the reserve has been used up .

It shall inform the Member States , not later than 5 October Article 10 1987 , of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 . This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 22 December 1986 .

For the Council

The President

G. HOWE