COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90) 394 final 
Brussels, 5 September 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Connunity tariff 
quota for prepared or preserved sardines originating in Morocco 
(1991) 
(presented by the Commission) 
lOLKlA1W l\ MIT WW KAW IfP* 
Article 4 of Protocol No 1 to the Agreement between the EEC and Morocco 
on relations in the sea fishery seotor states that prepared or 
preserved sardines falling within CN oode ex 1604 13 10 or ex 
1604 20 50 and originating In Morocco shall be imported duty free Into 
the Community within the lijnits of a Community tariff quota of 17 500 
tonnes (net weight). 
Within the limits of this tariff quota, Spain and Portugal apply 
customs duties calculated in aooordanoe with Council Regulation (EEC) 
No 3139. /88 of 1.40ct<tofla9e8 laying down the arrangements for trade 
between Spain and Portugal on the one hand and Morocco cm the other. 
This tariff quota should therefore be opened fop 1991. 
In order to ensure a regular flow to the Qomnunl ty market under this 
quota, the quantities destined for that market nay not exceed 60% of 
the total volume of the quota in the first half of the year. These 
quantities may not exceed 35% In the first quarter of the year. 
subject to this 
3, It is proposed that tbe toole volume of the products/ tearlff qootà 
should form & Ocraainity reserve to %&ioh ell Member States vlll baa» 
access according to the prooedure laid down in Artlole 4 of ttoe proposed 
Regulation. 
ïhis le tfce purpose of the attached proposal. 
ABDME: proposal far a Regulation 
Proposal for a 
COUNCIL REGULATION (EEC) No../90 
of 
opening, allocating and providing for the administration of a Community tariff 
quota for prepared or preserved sardines, originating in Morocco (1994) 
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 Article 4 of Protocol 1 to the Agreement on 
relations in the sea fisheries sector between the European 
Economic Community and the Kingdom of Morocco (') ** 
states that prepared or preserved sardines falling within 
CN code ex 1604 13 10 or ex 1604 20 50 and originating 
in Morocco shall be imported duty-free into the 
Community within the limits of a Community tariff 
quota of 17 500 tonnes (net weight) ; whereas, in order to 
ensure a regular flow to the Community market under 
this quota, the quantities destined for that market may 
not exceed 60 % of the total volume of the quota in the 
first half of the year and may not exceed 35 % in the first 
quarter of the year ; whereas at the end of each of these 
whereas at the end of each of these periods, thr unused quantities 
of the products in question should automatically be transferred 
to the quantities provided for, respectively, the second half 
and third quarter; 
Whereas, within the limits of- the tariff quota; Spain and 
Portugal shall apply the customs duties calculated according 
to the 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 and 
Syria (2); whereas the Community tariff quota in question 
should therefore be opened for 1 991 
Whereas equal and continuous access to the quota should be 
ensured for all Community importers and the rate laid down 
for the quota should be applied consistently to all imports of 
the products in question into all the Member States until the 
quota is exhausted; 
whereas the necessary measures should be taken to ensure 
that these tariff quotas are administered efficiently and on a Community 
ba-, is, so that Member States have the option of drawing the necessary 
qu.intities corresponding to actual imports recorded, from the quota 
volumes; whereas this method of administration calls for close cooperation 
between the Member States and the Commission; 
(') OJ No L 99, 16. 4. 1988, p. 49. 
{') OJ No L 287. 20. 10. 1988. p. 1. 
- 2 -
Whereas, since the Kingdom of Belgium, the Kingdom of the 
Netherlands and the Grand Duchy of Luxembourg are united 
within and joindy represented by the Benelux Economic 
Union, any operation concerning the administration of the 
quota may be carried 
out by any one of its members, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. From 1 January to 31 December 1991the customs duty 
applicable to imports into the Community of the following 
products, originating in Morocco, shall be suspended at the 
level indicated and within the limits of a Community tariff 
quota as shown below: 
Serul No 
0".1101 eW 
ex 1604 1J 10 
ex 1604 20 50 DcKfipcion 
Prepared or preserved sardines of the type Sardina 
pikhardus Volume of 
tariff quota 
(tonnes) 
17 500 
(net weight) Rate of duty 
0 
(1) Taric codes : 1604 13 10*10, 1604 20 50*11. 
Within the limits of this tariff quota, Spain and Portugal shall 
apply customs duties calculated in accordance with 
Regulation (EEC) No 3189/88. 
arti cle 2 
The tariff quota amounts indicated in article 1, which rapresent 
the quantities likely to be introduced into the Gomnunity market during the first 
and second quarters of 1991 shall be, respectively, 6 125 and 4 375 tomes. 
The said quantities relative to the first and second quarters which remain 
unused at 31 Kirch and 3D June/will automatically be transferred J?531 
to the amounts opened for the second quarter and second half, 
respectively, of the year in question. 
Article 3 
The tariff quota referred to in Article l shall be 
administered by the Commission, which may take any 
appropriate measure with a view to ensuring the efficient 
administration thereof. 
Article 4 
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 nedficabon to 
the Commission, a quantity corresponding to these needs. 
1 
-3 -
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 rife tariff quota. 
If the quantities requested are greater than the available 
balance of the tariff quota, allocation shall be made on a 
pro rata basts with respect to the requests. Member States 
shall be informed by the Commission of the drawings 
made. 
Article '& 
Each Member State shall guarantee importers of the products in question 
equal and continuous access to the quotas as long as the balance of 
the corresponding quota volume allows. 
Article 6 
The Member States and the Commission shall cooperate closely in order 
to ensure that this Regulation is complied with. 
Article 7 
This Regulation shall enter into force on 1 January 1991. 
This Regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels, 
For the Council 
The President 
r 
FICHE FINANCIERE 
1. Ligne budgétaire concernée : Chap. 12, art. 120 
2. Base lurNique : article 113 du traité 
3. Intitulé des mesures tarifaires : Proposition de règlement du 
Conseil portant ouverture et mode de gestion d'un contingent 
tarifaire communautaire de préparations et conserves de sardines, 
originaires du Maroc (1991). 
4. QblectIf : Exécution d'une obligation contractuelle (Accord 
poche CUU/Maroc) 
5. Mode de calcul 
Codes N.C. 
Volume du contingent 
Droit à applIquer 
Droit du T.D.C. ex 1604 13 10 et ex 1604 20 50 
17 500 t 
0 % 
25 % 
6. Perte de recettes : 
La perte de recettes à Inscrire pour 1991 s'élève à 8.387.959 ECU 
(Prix 0 : 1.901 ECU/t) 
En 1990 une perte de 8.019.375 ECU a été Inscrite 
(Prix 0 ; 1.883 ECU/t). 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec un engagement 
contractuel de la Communauté. L'impact décpulant de cette concession a 
été pris en considération lors de la prise de décision d'adoption de ce 
contingent et II n'aura pas un caractère sérieux sur la compétitivité 
et l'emploi dans la Communauté. 

ISSN 0254-1475 
COM(90) 394 final 
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