31987R4183

31 . 12 . 87 Official Journal of the European Communities No L 399 / 29

COUNCIL REGULATION ( EEC ) No 4183 / 87

of 22 December 1987

opening, allocating and providing for the administration of Community tariff quotas for prepared or preserved sardines falling within code No ex 1604 13 10 or ex 1604 20 50 of the combined nomenclature and originating in Morocco ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , indicating the combined nomenclature codes and, where appropriate , the Taric code numbers of the products concerned ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Whereas equal and continuous access to the quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all the Member States until the Having regard to the proposal from the Commission , quotas are exhausted ; whereas , in the light of these principles , allocation of the tariff quotas among the Member States would seem to preserve the Community nature of the Whereas the Cooperation Agreement between the quotas; whereas in order to correspond as closely as possible to the real trend of the market the allocation should reflect Community and the Kingdom of Morocco (* ), supplemented the requirements of the Member States based on statistics of by Council Regulation (EEC ) No 3511 / 81 of 3 December 1981 laying down the arrangements applicable to trade imports of those products from Morocco during a between Greece and Morocco ( 2 ), provides that prepared representative reference period and on the economic outlook and preserved sardines falling within code No ex 1604 13 10 for the quota period in question ; or ex 1604 20 50 of the combined nomenclature and originating in Morocco , may be imported into the Whereas during the last three years for which statistics are Community free of duty; whereas the detailed arrangements available , imports of the products in question from Morocco must be fixed by an Exchange of Letters between the into each of the Member States were as follows : Community and the Kingdom of Morocco ; whereas , since that Exchange of Letters has not yet taken place , the Community arrangements which were applied in 1987 (tonnes) should be renewed until 31 December 1988 ; whereas two Community tariff quotas should be opened , namely one Member States 1984 1985 1986 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 Benelux 635 1 039 1 012 are to apply from 1 January 1987 until either the conclusion Denmark — — — of the Exchange of Letters provided for in Article 19 of the Cooperation Agreement between the Community and the 2 814 3 313 Germany 3 278,2 Kingdom of Morocco or until Community import Greece 246 353 239 arrangements for the products in question are applied , but at the latest until 31 December 1988 ; France 8 622 8 747 8 328 Ireland 70 135 108 Whereas, since a Protocol as provided for in Articles 179 and Italy 229 176 146 366 of the Act of Accession of Spain and Portugal does not United Kingdom 2 346 2 790 2 399 exist, the Community must adopt the measures referred to in Articles 180 and 367 of that Act ; whereas the tariff measure concerned will , therefore , apply to the Community as constituted on 31 December 1985 ;

Whereas in the last three years the products in question were imported regularly only by certain Member States and not at Whereas from 1 January 1988 the nomenclature used in the all or only occasionally by the other Member States; whereas , Common Customs Tariff will be replaced by the combined nomenclature based on the International Convention on the under these circumstances , in the first phase , initial shares Harmonized Commodity Description and Coding System ; should be allocated to the genuine importing Member States and the other Member States should be guaranteed access to whereas this Regulation must take account of that fact by the benefit of the tariff quotas when imports actually take place in the latter; whereas these arrangements for allocation 0 ) OJ No L 264 , 27 . 9 . 1978 , p . 2 . will equally ensure the uniform levy of the applicable ( 2 ) OJ No L 358 , 3 . 12 . 1981 , p . 1 . duties ;

No L 399 / 30 Official Journal of the European Communities 31 . 12 . 87

Whereas , in view of these factors and of the forecasts made administration requires close coopertion between the by certain Member States , the initial percentage shares of the Member States and the Commission and the latter must be quota volumes can be expressed respectively as follows : able to monitor quota utilization rates and inform the Member States accordingly ;

Order No Order No Member States Whereas , if, at a given date in the quota period , a quantity of 09.1101 09.1103 a Member State's initial share remains unused , it is essential Benelux that that Member State concerned should return a significant 5,65 5,84 proportion thereof to the corresponding reserve to prevent Germany 41,09 34,85 part of a Community quota from remaining unused in one Greece 1,52 1,52 Member State when it could be used in others ; France 22,79 33,66 Ireland 1,33 0,97 Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united Italy 1,01 1,08 within and jointly represented by the Benelux Economic United Kingdom 26,61 22,08 Union , any operation relating to the administration of the quota shares allocated to that economic union may be carried out by any of its members ,

Whereas, to allow for the trend of imports of the products concerned in the various Member States , each quota volume should be divided into two parts , the first being allocated HAS ADOPTED THIS REGULATION : among cerain Member States and the second held as a reserve to cover any subsequent requirements of those Member States which have used up their initial share and also any requirements which may arise in the other Member States ; whereas , to afford importers in each Member State some Article 1 degree of certainty, an appropriate level for the first part of the Community quotas would , in the present circumstances , be 77 % of each quota volume; 1 . From 1 January 1988 until the conclusion of the Exchange of Letters referred to in Article 19 of the Cooperation Agreement between the Community and the Whereas the initial shares of the Member States may be used Kingdom of Morocco or until Community import up at different rates; whereas, in order to avoid any break in arrangements are applied , but at the latest until 31 December the continuity of supplies on this account, it should be 1988 , the customs duty applicable to imports into the provided that any Member State which has used up one of its Community as constituted on 31 December 1985 of the initial shares should draw from the relevant reserve following products originating in Morocco shall be quantities corresponding to its actual requirements , and so suspended at the levels and within the limits of Community on as many times as the reserve allows ; whereas this form of tariff quotas as shown below :

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

1604 Prepared or preserved fish ; caviar and caviar substitutes prepared from fish eggs: 09.1101 ex 1604 13 10 — sardines , of the species Sardina pilchardus 14 000 0 ex 1604 20 50 09.1103 ex 1604 13 10 — sardines , of the species Sardina pilchardus 6 000 10 ex 1604 20 50

Article 2 2 . The first part of each quota shall be allocated among certain Member States ; the quota shares which , subject to 1 . The tariff quotas referred to in Article 1 shall be Article 5 , shall be valid until the end of the period specified in divided into two parts . Article 1 , shall be as follows :

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

basis with respect to the requests . Member States shall be Order No Order No Member States 09.1101 09.1103 informed by the Commission in accordance with the same procedures . Benelux 615 270 Germany 4 470 1 610 Greece 165 70 Article 4 France 2480 1 555 Ireland 145 45 Each of the additional shares drawn pursuant to Article 3 Italy 110 50 shall be valid until the end of the period specified in Article 1 . United Kingdom 2 895 1 020

10 880 4 620

Article5¶

By 1 October 1988 at the latest Member States must return to 3 . The second part of each quota , 3 120 and 1 380 tonnes the reserve the unused portion of their initial share which , on respectively, shall constitute the corresponding reserves . 1 5 September 1 988 , is in excess of 20 % of the initial volume . They may return a greater portion if there is reason to believe that it might not be used . 4 . If the products in question are presented in Denmark supported by a declaration of entry into free circulation accepted by the customs authorities , the Member State By 1 October 1988 at the latest Member States must notify concerned shall , by way of notification to the Commission , the Commission of the total quantities of the products draw a corresponding amount, under the conditions set out concerned imported on or before 15 September 1988 and in Article 3 . charged against the Community quotas and of any portion of their initial shares that they are returning to each of the reserves .

Article 3 Article 6 If a Member State has used its entire initial share as specified in Article 2 ( 2 ), or of that share less any portion returned to The Commission shall keep account of the shares drawn by Member States pursuant to Articles 2 and 3 and shall inform the reserve pursuant to Article 5 , the following provisions shall apply. each Member State of the extent to which the reserves have been used up as soon as it has been notified .

If an importer presents in a Member State a declaration of It shall inform the Member States not later than 5 October entry into free circulation , including a request for preferential 1988 of the state of each of the reserves following any return benefit for a product covered by this Regulation and if this of quota shares pursuant to Article 5 . request is accepted by the customs authorities , the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements from the reserve It shall ensure that the drawing which exhausts one of the referred to in Article 2 ( 3 ). reserves does not exceed the balance available and , to this end , shall notify the amount of that balance to the Member State making the final drawing. The drawing requests , with indication of the date of acceptance of the said declarations , must be transmitted to the Commission without delay. Article 7 The drawings are granted by the Commission by reference to the date of acceptance of the declarations of entry into free 1 . Member States shall take all appropriate measures to circulation by the customs authorities of the Member State ensure that additional drawings of shares pursuant to Article concerned to the extent that the available balance so 3 enable imports to be charged without interruption against permits . their accumulated shares of the Community tariff quotas .

2 . Member States shall ensure that importers of the If a Member State does not use the quantities drawn , it shall products concerned have free access to the quota shares return them as soon as possible to the reserve . allocated to them .

If the quantities requested are greater than the available 3 . The extent to which a Member State has used up its balance of the reserve, allocation shall be made on a pro rata shares shall be determined on the basis of the imports of the

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products concerned originating in Morocco and entered with Article 9 the customs authorities for free circulation . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 8

At the request of the Commission, Member States shall Article 1 0 inform it of imports of the products concerned actually charged against their quota shares . 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 , 22 December 1987 .

For the Council The President N. WILHJELM