31986R4127

31 . 12 . 86 Official Journal of the European Communities No L 380 / 53

COUNCIL REGULATION ( EEC ) No 4127 / 86 of 22 December 1986

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 ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , be respected by allocating the Community tariff quotas 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 by reference to the statistics for imports from Morocco over a reference period and also to the economic outlook for the quota period in question ; Having regard to the proposal from the Commission ,

Whereas the Cooperation Agreement between the Whereas , during the last three years for which statistics are Community and Morocco 0 ), supplemented by Council available , the corresponding imports into each of the Regulation ( EEC ) No 3511 / 81 of 3 December 1981 laying Member States represent the following percentages of the down the arrangements applicable to trade between Greece imports into the Community from Morocco of the and Morocco ( 2 ), provides that prepared and preserved products concerned : 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 Member States 1983 1984 1985 detailed arrangements must be fixed by an exchange of letters between the Community and Morocco ; whereas , Benelux 7,27 4,3 6,3 since this exchange of letters has not yet taken place , it is Denmark 0,00 0,0 0,0 advisable to renew until 31 December 1987 the Germany 15,62 18,8 19,8 Community arrangements which were applied in 1986 ; Greece 1,02 1,6 2,1 whereas it is advisable to open two Community tariff France 57,00 57,6 53,0 quotas for import^tioijs into the Community of the Ireland 0,00 0,5 0,8 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 Italy 0,76 1,5 1,1 10 %■; whereas these tariff quotas are to apply from United Kingdom 18,33 15,7 16,9 1 January 1987 until either the conclusion of the exchange of letters provided for in Article 19 of the Cooperation Agreement between the Community and Morocco or until such time as Community arrangements for imports of the Whereas , in view of these factors and of the estimates products in question are applied , but until 31 December submitted by certain Member States initial shares may be 1987 at the latest ; fixed approximately at the following percentages :

Whereas , since a Protocol as provided for in Articles 179 Benelux 6,0 and 366 of the Act of Accession of Spain and Portugal does Denmark 0,3 not exist , the Community must adopt the measures referred Germany 17,9 to in Articles 180 and 367 of that Act ; whereas the tariff Greece 1,6 measure concerned will , therefore , apply to the France 54,8 Community of Ten ; Ireland 0,6 Italy 1,2 Whereas it is in particular necessary to ensure for all United Kingdom 17,6 Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application Whereas , in order to take into account import trends for of the rates laid down for these quotas to all imports of the the products concerned in the various Member States , each products concerned into all Member States until the quotas quota should be divided into two instalments , the first have been used up ; whereas , having regard to the principles being shared among the Member States and the second mentioned above , the Community nature of the quotas can 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 (!) OJ No L 264 , 27 . 9 . 1978 , p. 2 . importers in each Member State a certain degree of ( 2 ) OJ No L 358 , 3 . 12 . 1981 , p. 1 . security , the first instalment of the Community quotas

No L 380 / 54 Official Journal of the European Communities 31 . 12 . 86

should , under the circumstances , be fixed at 75 % prevent a part of any tariff quota from remaining unused in respectively of the quota volumes ; one Member State when it could be used in others ;

Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are Whereas , the Member States' initial shares may be used up united within and jointly represented by the Benelux at different times ; whereas , in order to take this fact into Economic Union , any operation relating to the account and avoid any break in continuity , any Member administration of the quota shares allocated to that State which has almost used up its initial quota shares economic union may be carried out by any of its should draw an additional share from the corresponding members , reserve; whereas this must be done by each Member State as and when each of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas HAS ADOPTED THIS REGULATION : the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration requires close cooperation between the Member States and Article 1 the Commission and the latter must be in a position to monitor the extent to which the quota amounts have been 1 . From 1 January 1987 until the conclusion of the used up and to inform Member States thereof; exchange of letters referred to in Article 19 of the Cooperation Agreement between the Community and Morocco , until such time as Community import arrangements are applied or until 31 December 1987 , Whereas, if, at a given date in the quota period , a whichever shall be the earliest the customs duty applicable substantial quantity remains unused in any Member State , on the import into the Community of Ten for the following it is essential that that Member State should return a products shall be suspended at the levels and within the significant proportion to the corresponding reserve to limits of Community tariff quotas as follows :

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

09.1101 16.04 D Prepared or preserved sardines originating in Morocco 14 000 0 09.1103 16.04 D Prepared or preserved sardines originating in Morocco 6 000 10

Article 2 3 . The second instalment of each quota , i.e. 3 440 and 1 470 tonnes respectively , shall constitute corresponding 1 . The tariff quotas laid down in Article 1 shall be divided reserves . into two instalments .

2 . A first instalment of each quota shall be shared among the Member States ; the respective shares which , subject to Article 3 Article 5 , shall be valid until the end of the period specified in Article 1 shall be as follows : 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 2 ), or 90 % of that share minus Order Order the portion returned to the corresponding reserve where Member States No No Article 5 has been applied , has been used up , then , to the 09.1101 09.1103 extent permitted by the amount of the reserve , that Member State shall forthwith , by notifying the Benelux 630 270 Commission , draw a second share equal to 10 % of its Denmark 30 10 initial share , rounded up where necessary to the next Germany 1 890 810 unit . Greece 170 70 France 5 790 2 480 Ireland 60 30 2 . If, after one of its initial shares has been used up , Italy 130 60 90 % or more of the second share drawn by a Member 1 860 800 State has been used up , then that Member State shall , in United Kingdom accordance with the conditions laid down in paragraph 1 , 10 560 4 530 draw a third share equal to 5 % of its initial share , rounded up where necessary to the next unit .

31 . 12 . 86 Official Journal of the European Communities No L 380 / 55

3 . If, after one of its second shares has been used up , It shall inform the Member States , not later than 5 October 90 % or more of the third share drawn by a Member State 1987 , of the amount in each reserve after quantities have has been used up , that Member State shall , in accordance been returned thereto pursuant to Article 5 . with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and , to this end , shall This process shall continue until the reserve is used up . notify the amount of that balance to the Member State making the last drawing . 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in Article 7 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 . 1 . The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged Article 4 without interruption against their accumulated shares of the tariff quota . The additional shares drawn pursuant to Article 3 shall be 2 . The Member States shall ensure that importers of the valid until the end of the period specified in Article 1 . products in question have free access to the shares allocated to them . Article 5 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports of The Member States shall return to the reserve , not later the products concerned originating in Morocco and entered than 1 October 1987 , such unused portion of their initial with customs authorities for free circulation . share as , on 15 September 1987 is in excess of 20 % of the initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be Article 8 used . At the Commission's request , the Member States shall The Member States shall notify the Commission , not later inform it of imports of the products concerned actually than 1 October 1987 , of the total quantities of the products charged against their shares . in question imported up to 15 September 1987 and charged against the tariff quota and of any quantity of the initial shares returned to the reserve . Article 9

The Member States and the Commission shall cooperate Article 6 closely to ensure that this Regulation is complied with .

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 Article 10 and , as soon as it is notified , shall inform each State of the extent to which the reserves have been used up . 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. SHAW