31987R4178

31 . 12 . 87 No L 399 / 17 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4178 / 87

of 21 December 1987

opening and providing for the administration of a Community tariff quota for certain prepared or preserved sardines falling within subheading ex 1604 13 10 or ex 1604 20 50 of the combined nomenclature and originating in Tunisia ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , nomenclature based on the International Convention on the Harmonized Commodity Description and Coding System ; whereas this Regulation must take account of that fact by Having regard to the Treaty establishing the European indicating the combined nomenclature codes and , where Economic Community, and in particular Article 113 appropriate , the Taric code numbers of the products thereof, concerned ;

Having regard to the proposal from the Commission , Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of Whereas the Cooperation Agreement between the European the products in question into all the Member States until the Economic Community and the Republic of Tunisia ( J ), quota is exhausted ; whereas in this case the quota should not supplemented by Council Regulation ( EEC) No 1080 / 83 of be allocated among the Member States , without prejudice to 18 April 1983 laying down the arrangements applicable to the drawing against the quota volume of such quantities as trade between Greece and Tunisia ( 2 ) and the Additional they may need , under the conditions and according to the protocol to the Cooperation Agreement between the procedure laid down in Article 1(2 ); whereas this method of European Economic Community and the Republic of administration requires close cooperation between the Tunisia ( 3 ), provides that certain prepared and preserved Member States and the Commission and the latter must in sardines falling within code No ex 1604 13 10 or ex particular be able to monitor the rate at which the quota is 1 604 20 50 of the combined nomenclature and originating in used and inform the Member States accordingly; Tunisia may be imported into the Community free of duty ; whereas the detailed arrangements must be fixed by an Whereas since the Kingdom of Belgium , the Kingdom of the Exchange of Letters between the Community and Tunisia ; Netherlands and the Grand Duchy of Luxembourg are united whereas, since that Exchange of Letters has not yet taken within and jointly represented by the Benelux Economic place, the Community arrangements which applied in 1987 Union , any operation concerning the administration of the should be renewed until 31 December 1988 ; whereas a quota shares allocated to that economic union may be carried duty-free Community tariff quota of 100 tonnes should out by any one of its members , therefore be opened ; whereas this tariff quota is to apply from 1 January 1988 either until 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 Community HAS ADOPTED THIS REGULATION : import arrangements for the products concerned are applied , but at the latest until 31 December 1988 ;

Article 1 Whereas , within the limits of the tariff quota , the Kingdom of Spain and the Portuguese Republic are to apply duties 1 . From 1 January 1988 until the conclusion of the calculated in accordance with Council Regulation ( EEC ) No Exchange of Letters referred to in Article 18 of the 2573 / 87 of 11 August 1987 laying down the arrangements Cooperation Agreement between the European Economic for trade between Spain and Portugal on the one hand and Community and the Republic of Tunisia or until Community Algeria , Egypt, Jordan , Lebanon , Tunisia and Turkey on the import arrangements are applied , but at the latest until 31 other ( 4 ); December 1988 , the customs duty applicable to imports into the Community of the following products originating in Whereas from 1 January 1988 the nomenclature used in the Tunisia shall be suspended at the level indicated and within Common Customs Tariff will be replaced by the combined the limits of a Community tariff quota as shown below:

(*) OJ No L 265 , 27 . 9 . 1978 , p. 1 . (2 ) OJ No L 120 , 6 . 5 . 1983 , p. 1 . ( 3 ) OJ No L 297 , 21 . 10 . 1987 , p . 36 . ( 4 ) OJ No L 250 , 1 . 9 . 1987 , p. 1 .

No L 399 / 18 Official Journal of the European Communities 31 . 12 . 87

Order No CN code Amount of quota Quota duty Description (tonnes) ( % )

09.1201 Prepared or preserved fish , caviar and caviar substitutes prepared from fish eggs :

ex 1604 13 10 — sardines of the species Sardina pilchardus 100 Free ex 1604 20 50

Within the limits of this tariff quota the Kingdom of Spain 3 . Member States shall charge imports of the goods and the Portuguese Republic shall apply customs duties against their drawings as and when the goods are entered calculated in accordance with the relevant provisions of the with the customs authorities for free circulation . Protocol to the Cooperation Agreement between the European Economic Community and the Republic of 4 . The extent to which the quota has been used up shall be Tunisia consequent on the accession of the Kingdom of Spain determined on the basis of the imports charged in accordance and the Portuguese Republic of the Community . with paragraph 3 .

2 . If an importer gives notification of imminent imports of the product in question into a Member State and applies to take advantage of the quota , the Member State concerned Article 3 shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance of the reserve so permits . At the request of the Commission , Member States shall inform it of imports actually charged against the quota . 3 . The shares drawn pursuant to paragraph 2 shall be valid until the end of the quota period .

Article4¶

The Member States and the Commission shall cooperate 1 . Member States shall take all appropriate measures to closely to ensure that this Regulation is complied with . ensure that their drawings pursuant to Article 1 (2) enable imports to be charged without interruption against their accumulated shares of the Community quota .

Article 5 2 . Each Member State shall ensure that importers of the product concerned have free access to the quota for such time as the residual balance of the quota volume so permits . This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 21 December 1987 .

For the Council

The President

B. HAARDER