ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 441
Vol. 1986/0191
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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COMMISSION OF THE EUROPEAN COMMUNITIES
COM(86) 441 final
Brussels, 11 September 1986
Draft
COUNCIL REGULATION
opening, allocating and providing for the administration of Community
tariff quotas for sardines, Tunny and mackerels, prepared or
preserved falling within heading No ex 16.04 of the
Common Customs Tariff from Portugal (1987)
(submitted to the Council by the Commission)
C0MC86) 441 final
E x p la n a t o r y memorandum
1 . A r t i c l e 3 6 2 o f t h e A c t c o n c e r n in g t h e c o n d i t i o n s o f a c c e s s i o n o f
t h e K ingdom o f S p a in a n d t h e P o r t u g u e s e r e p u b l i c a n d t h e
a d j u s t m e n t s t o t h e T r e a t i e s p r o v i d e s t h a t t h e f o l l o w i n g p r o d u c t s
fr o m P o r t u g a l c a n b e im p o r te d a n n u a l l y d u t y f r e e i n t o t h e
C om m unity o f T e n .
No o f t h e Common D e s c r i p t i o n Q u a n t i t y
C u s to m s T a r i f f in t o n n e s
1 6 . 0 4 P r e p a r e d o r p r e s e r v e d f i s h , i n c l u d i n g
c a v i a r a n d c a v i a r s u b s t i t u e s :
D. S a r d in e s
E . T unny
e x F . B o n i t o (S a r d a s p p . ) , m a c k e r e l :
a n d a n c h o v i s
- M a c k e r e l 1 0 0 0
T h e r e f o r e , t h e s e t a r i f f q u o t a s s h o u ld b e o p e n e d f o r 1 9 8 7 .
2 . T h e p r o p o s a l f o r a r e g u l a t i o n o p e n in g t h e s e t a r i f f q u o t a s
p r o v i d e s - a s i s c u s t o m a r y - f o r t h e d i v i s i o n o f e a c h o f t h e
q u o t a v o lu m e s i n t o tw o i n s t a l m e n t s , t h e f i r s t b e i n g a l l o c a t e d
am ong t h e Member S t a t e s a s q u o t a s h a r e s , t h e s e c o n d b e i n g h e l d a s
a r e s e r v e .
T h e a l l o c a t i o n o f t h e v o lu m e s o f t h e f i r s t i n s t a l m e n t o f e a c h
q u o t a s h o u ld b e b a s e d o n t h e r u l e s g e n e r a l l y a p p l i e d . T h e s e
i n v o l v e c a l c u l a t i n g e a c h Member S t a t e ' s t o t a l i n p o r t s o v e r t h e
l a s t t h r e e y e a r s a s a p r o p o r t io n o f t o t a l C om m unity im p o r t s
d u r in g t h e sa m e p e r i o d a n d a p p l y i n g f o r e a c h Member S t a t e , t h e
p e r c e n t a g e t h u s o b t a i n e d t o t h e v o lu m e o f t h e f i r s t i n s t a l m e n t .
4
In t h i s p r o c e s s a c c o u n t w a s a l s o t a k e n o f t h e f a c t t h a t c e r t a i n
m em ber S t a t e s e f f e c t e d n o o r o n l y o c c a s i o n a l i n p o r t s d u r in g t h e s e
y e a r s . In v i e w o f t h e n e c e s s i t y o f a l l o c a t i n g t h e q u o t a v o lu m e s
i n an e q u i t a b l e m an n er t h e s e Member S t a t e s w e r e g r a n t e d s m a l l
p e r c e n t a g e s r e p r e s e n t i n g c o m m e r c ia l ly e x p l o i t a b l e s h a r e s .
3 . A s r e g a r d s t h e m e th o d o f a d m i n i s t r a t i o n t o b e a p p l i e d b y a l l t h e
Member S t a t e s , t h e C o m m iss io n p r o p o s e s t h e " G reyh ou n d s y s t e m " .
4 . S u c h i s t h e p u r p o s e o f t h e a p p e n d e d p r o p o s a l .
5 0 0 0
1 000
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration of Community tariff
quotas for certain prepared or preserved fish, falling within heading No ex 16.04
of the Common Customs Tariff, from Portugal (1 9 8 7 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 1983 1984 1985
Sardines
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 28
thereof,
Having regard to the draft Regulation submitted by the
Commission,
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
7,4 6,7
1,6 2,1
28,3 23,1
0,2 0,1
21,4 17,0
0,2 0,1
5,1 4,5
35,8 46,4
6.4
2 .628.1
19.0
0.3
7.1
36.5
Tunny
Whereas Article 362 of the Act of Accession provides that
during the period of progressive elimination of customs
duties between the Community of Ten and Portugal
prepared or preserved sardines, prepared or preserved
tunny, prepared or preserved mackerel, falling within
headings No 16.04 D, E and ex F of the Common
Customs Tariff from Portugal can be imported duty-free
into the Community of Ten within the limits of annual
Community tariff quotas of 5 000 tonnes, 1 000 tonnes
and 1 000 tonnes respectively ; whereas these quotas
should be opened for 1 9 8 7 .
Whereas it is in particular necessary to ensure for all
importers of the Community of Ten equal and uninter
rupted access to the abovementioned quotas and uninter
rupted application of the rates laid down for these quotas
to all imports of the products concerned into all these
Member States until the quotas have been used u p ;
whereas having regard to the above principles, the
Community nature of the quotas can be respected by allo
cating the Community tariff quotas among these Member
States; whereas, in order to reflect as accurately as
possible the true trend of the market in the products
concerned, such allocation should be in proportion to the
requirements of the Member States, assessed by reference
to the statistics of each State’s imports from Portugal over
a representative reference period and also to the economic
outlook for the quota period concerned ;
Whereas, during the last three years for which statistics
are available, the corresponding imports of each Member
State represent the following percentages of imports into
the Community from Portugal of the product in question.
Benelux
Denmark — —
Germany — 1,1
Greece — —
France 2,9 7,2
Ireland — —
Italy 97,1 91,7
United Kingdom — —
Mackerel
0.7
2.1
2.1
3 5 . 1
Benelux 10,3 7,4 5.7
Denmark — — -
Germany — — -
Greece — —
France — 0,3 ■*
Ireland ____ ____ -
Italy 89,7 90,0 94.3
United Kingdom — 2,3 —
Whereas both these percentages and the estimates from
certain Member States should be taken into account as
well as the need to ensure that, in the circumstances the
obligations provided for in the Act of Accession are allo
cated fairly among the Member States; whereas the
approximate percentages of the initial quotas shares may
therefore be fixed as follows :
Sardines Tunny Mackerel
Benelux 7,1 1,0 10,0
Denmark 1,9 1,0 1,0
Germany 31,1 3,0 1,0
Greece 0,2 5 ,0 1,0
France 15,0 10,0 1,0
Ireland 0,3 1,0 1,0
Italy 4,8 7 7 ,0 84,0
United Kingdom 39,6 1,0 1,0
- 2 -
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
instalments, the first instalment being allocated among
the Member States which have used up their initial quota
shares; whereas, in order to give importers in each
Member State a certain degree of security, the first instal
ment of the Community quotas should, under the present
circumstances, be fixed at around 80 % of each of the
quota amounts ;
Whereas the initial quota shares of the Member States
may be used up at different times ; whereas, in order to
take this fact into account and avoid any break in conti
nuity, any Member State which has almost used up its
initial quota share should draw an additional quota share
from the corresponding reserve ; whereas this must be
done by each Member State as and when each of its addi
tional shares is almost used up and repeated as many
times as the reserve allows ; whereas, the initial and addi
tional quota shares must be valid until the end of the
quota period; whereas this method of administration
requires close cooperation between Member States and
the Commission and the latter must, in particular, be in a
position to monitor the extent to which the quota
volumes have been used up and to. inform the Member
States thereof ;
Whereas if, at a given date in the quota period, a substan
tial quantity of one of the initial shares remains unused in
one or other Member State it is essential that that
Member State should return a significant proportion to
the reserve to prevent a part of any Community quota
from remaining unused in 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 united within and jointly represented by the Benelux
Economic Union any operations relating to the adminis
tration of the quota shares allocated to that economic
union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION :
-· 3 -!
Article 1
From 1 January to 31 December 1987, the applicable customs duties on
importations into the Community of Ten for the following products shall
be suspended at the levels and within the limits of the Community
tariff quotas as shown herewith :
Ì Order No
!
i
Common
Customs
Heading
Description Quota
volume
in tonnes
Quota
duty
09.0501
09.0502
09.0503
16.04 D
16.04 E
ex 16.04 F
Sardines, coming
from Portugal
Tunny, coming from
Portugal
Mackerel, coming
from Portugal
5 000
1 000
1 000
free
free
free
Article 2
1. Each of the tariff quotas referred to in Article 1 shall
be divided into two instalments.
2. (a) The first instalment of each quota shall be allocated
among the Member States ; the respective shares,
which, subject to Article 5, shall be valid until 31
December 1986, shall be as follows :
(in tonnes)
Member States
Prepared or preserved
Sardines Tunny Mackerel
Benelux 284 8 80
Denmark 76 8 , 8
Germany ! 244 24 8
Greece 8 40 8
France 600 80 .8
Ireland 12 8 8
Italy 192 624 672
United Kingdom 1 584 8 8
Total 4 000 800 800
(b) The second instalment of each quota, namely
1 000, 200 and 200 tonnes respectively, shall
constitute the corresponding reserve.
Article 3
1. If 90 % or more of one of the Member State’s initial
shares as specified in Article 2 (2) or of that share minus
the portion returned to the reserve, where Article 5 is
applied, has been used up, then, to the 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 unit.
2. If, after one of its initial shares has been used up,
90 % or more of the second share drawn by a Member
State has been used up, then, to the extent permitted by
the amount of the reserve, that Member State shall, in
accordance with the conditions laid down in paragraph 1,
draw a third share equal to 5 % of its initial share,
rounded up where necessary to the next unit.
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
with the conditions laid down in paragraph 1, draw a
fourth share equal to the third.
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, a
Member State may draw shares smaller than those fixed in
those paragraphs if there is reason to believe that these
might not be used up. It shall inform the Commission of
its reasons for applying this paragraph.
Article 4
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 December 198 7 .
Article 5
The Member States shall return to the reserve, not later
than 1 October 198 7 the unused portion of their initial
share which, on 15 September 198 7 is in excess of 20 %
of the initial volume. They may return a larger quantity if
there are grounds for believing that it might not be used.
The Member States shall, not later than 1 October 1987
notify the Commission of the total quantities of the
products concerned imported up to 15 September· 1987
and charged against the Community quotas and of any
quantities of the initial shares returned to each reserve.
Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall, as soon as it is notified, inform each State of the
extent to which the reserves have been used up.
It shall inform the Member States, not later than 5
October 198 '7of the amount in the reserve after quantities
have been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and, to this
This Regulation shall be binding in its
States.
end, notify the amount of the balance to the Member
State making the last drawing.
Article 7
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
without interruption against their accumulated shares of
the tariff quotas.
2. The Member States shall ensure that importers of
the products in question have free access to the shares
allocated to them.
3. The Member States shall charge the importers of the ■
products concerned against their shares as and when the
products are entered with customs authorities for free
circulation.
4. The extent to which a Member State has used up its
share shall be determined on the basis of the imports
originating in Portugal, entered with customs authorities
for free circulation.
Article 8
At the Commission’s request the Member States shall
inform it of imports actually charged against their shares.
Article 9
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with.
Article 10
This Regulation shall enter into force on 1 J a n u a r y 1 9 8 7 .
and directly applicable in all Member
Done at Brussels,
For the Council
The President
Full & Egal Universal Law Academy