11. 9. 86 Official Journal of the European Communities No L 259/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2794/86 of 8 September 1986 ’ opening, allocating and providing for the administration of a Community tariff quota for herring, fresh or chilled, falling within subheading ex 03.01 B I a) 2 aa) of the Common Customs Tariff, originating in Sweden THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the Act of Accession of Spain and Portugal, Having regard to the proposal from the Commission, Whereas an agreement between the European Economic Community and the Kingdom of Sweden was concluded on 22 July 1972; whereas, following the accession of Spain and Portugal to the Community, a supplementary protocol will be signed in the near future; whereas pending the entry into force of the said protocol, the Council, by Regulation (EEC) No 573/86 ('), laid down the trade arrangements for fishery products with Sweden in particular, on account of these accessions ; Whereas Regulation (EEC) No 573/86 provides for the opening, over a period to be determined by common accord, of a 20 000 tonnes duty free Community tariff quota for herring, fresh or chilled, whole, headless or in pieces, originating in Sweden; whereas, therefore, the tariff quota in question should be opened for the period 15 September 1986 to 14 February 1987 and allocated among the Member States; Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate of - levy for the tariff quota should be applied consistently to _all imports until the quota is used up; whereas, in the light of the principles outlined above, a Community tariff arrangement based on an allocation between the Member States would seem to preserve the Community nature of the quota ; whereas, to represent as closely as possible the actual development of the market in the said goods, the allocation should follow proportionately the requirements calculated both from statistics of imports from Sweden during a representative reference period and according to the economic outlook for the tariff year in question ; () OJ No L 56, 1. 3. 1986, p. 110. Whereas, during the last two years for which statistics are available, imports of this type of fish, originating in Sweden, into each of the Member States were as follows (in tonnes): Member State 1983 1984 Benelux 3318 1093 Denmark \ 37757 37 900 Germany 3831 2822 Spain 0 0 Greece ' 0| 0 France ' : 77 3 Ireland 0 16 Italy 0 0 Portugal - 0 0 United Kingdom 0 0 44 983 .| 41834 Whereas, during the last two years under consideration, the products in question were imported only by certain Member States and not at all by the other Member States ; whereas, under these circumstances, initial shares should be allocated to the importing Member States and the other Member States should be guaranteed access to the benefit of the tariff quota upon imports into those States of the products concerned being notified ; whereas these arrangements for allocation will equally ensure the uniform application of the Common Customs Tariff ; Whereas, taking into account these factors and the fore- casts made by certain Member States, the initial percent- age shares in the quota volume can be set approximately as follows : Member State Benelux 496 Denmark 85,03 Germany 7,48 France | 2,53