COUNCIL REGULATION (EEC) No 239/93 of 1 February 1993 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in Algeria, Morocco, Tunisia or Egypt (1993)

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 proposal from the Commission,

Whereas the Cooperation Agreements between the European Economic Community of the one part and the People's Democratic Republic of Algeria (1), the Kingdom of Morocco (2), the Republic of Tunisia (3) and the Arab Republic of Egypt (4) of the other part, as supplemented by the additional Protocols thereto (5) (6) (7) (8), provide for the opening by the Community of Community tariff quotas for:

- 39 000 tonnes and 98 000 tonnes of new potatoes falling within CN code ex 0701 90 51 originating in Morrocco and Egypt respectively (1 January to 31 March),

- 10 100 tonnes and 4 200 tonnes of onions, fresh or chilled, falling within CN codes ex 0703 10 11, ex 0703 10 19 and ex 0709 90 90 originating in Egypt (1 February to 15 May), and Morocco (15 February to 15 May),

- 6 400 tonnes of beans, fresh or chilled falling within CN code ex 0708 20 10 originating in Egypt (1 November to 30 April),

- 4 900 tonnes of onions falling within CN code 0712 20 00, originating in Egypt,

- 8 700 tonnes of peas and immature beans of species Phaseolus spp. in pod, prepared or preserved, falling within CN codes 2004 90 50, 2005 40 00 and 2005 59 00, originating in Morocco,

- 8 250 tonnes and 4 300 tonnes of apricot pulp falling within CN code ex 2008 50 91, originating in Morocco and Tunisia respectively,

- 15 000 tonnes of orange juice, falling within CN codes 2009 11 11, 2009 11 19, 2009 11 91, 2009 11 99, 2009 19 11, 2009 19 19, 2009 19 91 and 2009 19 99, originating in Morocco, of which not more than 4 500 tonnes may be imported in packings of a capacity of two litres or less, and,

- 200 000 hectolitres, 50 000 hectolitres and 50 000 hectolitres of certain wines of designated origin, in containers holding two litres or less, falling within CN codes ex 2204 21 25, ex 2204 21 29, ex 2204 21 35 and ex 2204 21 39, originating respectively in Algeria, Morocco and Tunisia,

- 200 000 hectolitres, 85 000 hectolitres and 160 000 hectolitres of wine or fresh grapes falling within CN codes ex 2204 21 and ex 2204 29 originating in Algeria, Morocco and Tunisia respectively;

Whereas, however, the Cooperation Agreement with the Republic of Tunisia provides that certain prepared and preserved sardines falling within CN codes ex 1604 13 11, ex 1604 13 19 and ex 1604 20 50 originating in Tunisia may be imported into the Community free of duty; whereas the detailed arrangements must be fixed by an exchange of letters between the Community and Tunisia; whereas, since that exchange of letters has not yet taken place, the Community arrangements which applied in 1992 should be renewed until 31 December 1993; whereas as duty-free Community tariff quota of 100 tonnes should therefore be opened;

Whereas, however, the volumes of the tariff quotas must be increased by 3 or 5 % each year, as from 1 January 1992 and whereas the customs duties applicable in the Community, as constituted on 31 December 1985, are being eliminated in two equal steps on 1 January 1992 and 1 January 1993, by application of Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the Community of certain agricultural products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria and Tunisia (9);

Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up;

Whereas, the decision for the opening of tariff quotas should be taken by the Community in the execution of its international obligations; whereas, to ensure the efficiency of a common administration of these quotas, there is no reasonable obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;

Whereas within the limit of these tariff quotas, the Portuguese Republic is to apply customs duties calculated in accordance with the relevant provisions of Council Regulation (EEC) No 3189/88 of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco (1) and Council Regulation (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt and Tunisia on the other (2); whereas the Community tariff quotas in question should therefore be opened for 1993;

Whereas the wines of designated origin in question are subject to compliance with the free-at-frontier reference price; whereas, in order that such wine may benefit from this tariff quota, Article 54 of Regulation (EEC) No 822/87 (3), as last amended by Regulation (EEC) No 1756/92 (4), must be complied with; whereas the wine must be put in containers holding two litres or less; whereas the wine must be accompanied either by a certificate of designation of origin in accordance with the model given in Annex D to the Agreement or, by way of derogation, by a document VI 1 or a VI 2 extract annotated in compliance with Article 9 of Regulation (EEC) No 3590/85 (5);

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 operation concerning the administration of these quotas may be carried out by any of its members,

HAS ADOPTED THIS REGULATION:

Article 1

1. The customs duties applicable to imports into the Community of the products listed below originating in Algeria, Morocco, Tunisia or Egypts shall be suspended at the levels, during the periods and within the limits of the Community tariff quotas shown below:

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Within the limits of this tariff quota, the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of Regulations (EEC) No 2573/87 and (EEC) No 3189/88.

2. Importations of the wine in question shall be subject to the free-at-frontier price.

It shall qualify for the tariff quotas only if Article 54 of Regulation (EEC) No 822/87 is adhered to.

3. Each wine, of designated origin in question when imported, shall be accompanied either by a certificate of designation of origin, issued by the relevant Algerian/Moroccan/Tunisian authority or, by way of derogation, by a document VII or a VI 2 extract annotated in compliance with Article 9 of Regulation (EEC) No 3590/85, in accordance with the model annexed to this Regulation.

Article 2

The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.

Article 3

If an importer presents in a Member State a declaration of entry into free circulation including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall draw, from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.

The requests for drawing, with the indication of the date of acceptance of the said declaration, must be communicated to the Commission without delay.

The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.

If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.

If the quantities requested are greater than the available balance of the quota, allocation shall be made on a pro rata basis with respect to the requests. Member States, shall be informed by the Commission of the drawings made.

Article 4

Each Member State shall ensure that importers of the products concerned have equal and continuous access to the quotas for such time as the residual balance of the quota volumes so permits.

Article 5

The Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.

Article 6

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1993.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 February 1993.

For the Council The President N. HELVEG PETERSEN