30. 12. 88 Official Journal of the European Communities No L 363/23 COUNCIL REGULATION (EEC) 4099/88 of 16 December 1988 opening, allocating and providing for the administration of Community tariff quotas for certain kinds of prepared or preserved fish coming from Portugal (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 362 thereof, Having regard to the proposal from the Commission, . Whereas Article 362 of the Act of Accession provides that during the period of progressive elimination of customs duties between the Community as constituted at 31 December 1985 and Portugal, certain kinds of sardines, tunas, fish of the genus Euthymnus, certain kinds of mackerel and fish of the species Orcynopsis unicolor, prepared or preserved, falling within CN codes ex 1604 13 10, ex 1604 20 50, 1604 14 10, 1604 19 30, 1604 20 70, 1604 15 10, 1604 19 50 and ex 1604 20 50 and coming from Portugal, may be imported free of duty into the Community as constituted at 31 December 1985 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 1981; Whereas, by virtue of Regulations (EEC) No 3482/88 (1) and (EEC) No 839/88 (2), the customs duty applicable on import into the Community, excluding Spain, of certain sardines of the species Sardina pilchardus, coming from Portugal is zero; whereas, therefore, the Community tariff quota for the sardines in question should not be opened in 1989, Whereas it is in particular necessary to ensure for all importers of the Community as constituted at 31 December 1985 equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to all imports of the products concerned into all the Member States until the quotas have been used up; whereas, having regard to the above principles, the Community nature of the quotas can 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 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 (1) O] No L 306, 11. 11. 1988, p. 1. (3) OJ No L 87, 31. 3.1988, p. 1. period and also to the economic outlook for the quota period concerned; Whereas during the last three years for which statistics are available imports into the Member States were as follows: Tunas and fish of the genus Euthynnus (tonnes) Member States 1985 1986 1987 Benelux 1 13 3 Denmark —_ —_ —_ Germany 18,2 22 12 Greece 54 — —_ France 5s 16 58 Ireland — —_ : —_— Icaly 2456,5 2141 2371 United Kingdom — 9 28 Mackerel of the species Scomber scombrus and Scomber japonicus and fish of the species Orcynopsis unicolor (tonnes) Member States 1985 1986 1987 Benelux 135 176 222 Denmark — — —_ Germany —_ 21 — Greece — — — France — 3 1 Ireland — —_ —_ Italy 2216,7 1463 1903 United Kingdom — — — Whereas, for 1989, maintenance of quotas for the Member States is necessary, bearing in mind that it is impossible for the administration concerned in each Member State to introduce, in 1989, the administrative and technical basis for Community administration of the quota; whereas it is, however, possible, bearing in mind the way in which trade had developed in recent years, to provide for a Community reserve of a significantly large amount; Whereas in view of these factors and of the estimates submitted by certain Member States, initial quota shares may be set approximately at the following percentages: