5.8 87 Official Journal of the European Communities No L 215/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2358/87 of 31 July 1987 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, an Agreement in the form of Exchange of Letters was concluded between the European Economic Community and the Kingdom of Sweden on the Agricultural 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 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 1987 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 ; Whereas, during the last three years for which statistics are available, imports of this type of fish, originating in () OJ No L 328, 22. 11. 1986, p. 89. Sweden, into each of the Member States were as follows (in tonnes): (tonmx)‘ Member State 1984 1985 1986 Benelux 1093 310 58 Denmark 37 900 30783 25045 Germany 2822 1563 1460 Spain 0 0 0 Greece 0 0 0 France 3 0 0 Ireland 16 0 0 Italy 0 0 0 Portugal 0 0 0 United Kingdom 0 0 0 41 834 32656 26 563 Whereas, during the last 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 1,45 Denmark 92,75 Germany 5,78 France 0,02