3. 8.91 Official Journal of the European Communities No L 216/3 COUNCIL REGULATION (EEC) No 2358/91 of 29 July 1991 openmg and providing for the adminitration of a Commumty tariff quota for herring, fresh or chilled, originating in Sweden THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty éstablishing 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, an Agreement in the form of an Exchange of Letters wasconcluded between the European Economic' Community and the Kingdom of Sweden on the agriculturan and fisheries sector ; whereas this Agree- ment was adopted by Decision 86/558/EEC ('); Whereas this Agreement provides for the opening, over a period to be determined by common accord, of a 20 000 tonne 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 1 September 1991 to 14 February 1992 ; 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, it is appropriate to take the necessary measures to ensure effi- cient Community administration of this tariff quota while offering the Member States the opportunity to draw from the quota volume the necessary quantities corresponding to actual imports ; whereas this method of administration requires close cooperation between the Member States and the Commission ; . 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, all transactions concerning the admi- nistration of this quota may be carried out by one of its members, HAS ADOPTED THIS REGULATION : Article 1 1. From 1 September 1991 to 14 February 1992 the Common Customs Tariff duty on the following products shall be suspended at the level and within the time limit of the Community tariff quota as shown herewith : Amount Order No CN ,COde Description of quota Q“OI; duty 0 (in tonnes) (%) 09.0615 ex 03024090 | Herring and meat of herring, fresh or chilled, originating in 20 000 0@ ex 03041093 | Sweden ex 03041098 (") Taric codes: ex 030240 90 * 20, ex 0304 10 93" 20, ex 0304 10 98 * 16. (" However, within the limits of this quota, Portugal shall benefit from a reduced duty of 3,8 % in 1991 and 1,9 % in 1992 2. Imports of the products in question shall not benefit from the tariff quotas referred to in paragraph 1 unless the free-at-frontier prices, which are determined by the Member States according to Article 21 of Council Regula- tion (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (%, as last amended by Regulation (EEC) No 2886/89 (), are at least equal to the reference prices if such prices have been fixed or are to be fixed by the Community for the product under consideration or the levy of the products concerned. For the calculation of the () () 0 OJ No L 328, 22. 11. 1986, p. 89. OJ No L 379, 31. 12. 1981, p. 1. OJ No L 282, 2. 10. 1989, p. 1. reference price, the following coefficients shall be appli- cable : '— whole herring : 1 — flaps of herring: 2,32, — pieces of herring: 1,96. 3. The Protocol on the definition of the concept of originating products and on methods of administrative cooperating, annexed to the Agreement between the European Economic Community and Sweden, shall be applicable.