H$ COMMISSION OF THE EUROPEAN COMMUNITIES 
Iftï* C0M(91)342 final 
Brussels, 19 September 1991 
Bfc£ 
Mm Proposal for a 
COUNCIL REGUIATIQN (EEC) 
opening and providing for the administration of a Community 
tariff quota for prepared or preserved sardines, 
originating in Morocco (1992) 
fittfc^-
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1. Article 4 of Protocol No 1 to the Agreement between the EEC and 
Morocco on relations in the sea fishery sector states that prepared 
or preserved sardines falling within CN code ex1604 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). 
Within the limits of this tariff quota, Spain and Portugal apply 
customs duties calculated in accordance with Council Regulation 
(EEC) No. 3189/88 of 14 October 1988 laying down the arrangements 
for trade between Spain and Portugal on the one hand and Morocco on 
the other. This tariff quota should therefore be opened for 1992. 
2. 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. 
These quantities may not exceed 35% in the first quarter of the 
year. 
3. It is proposed that the whole volume of the products subject to 
this tariff quota should form a Community reserve to which all 
Member States will have access according to the procedure laid down 
in Article 4 of the proposed Regulation. 
This is the purpose of the attached proposal. 
Annex: Proposal for a Regulation. 
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Proposal for a 
COUNCIL REGULATION (EEC) No . '91 
of 
opening and providing for the administration of a Community tariff quota for 
prepared or preserved sardines, originating in Morocco (1992) 
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 periods, the unused quantities 
of the products in question should automatically be transferred 
to the quantities provided for, respectably, 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 (2); 
whereas the Community tariff quota in question should 
therefore be opened for 1992; 
Whereas equal and continuous access to the quota should be 
ensured for all Community importer* and the rate laid down 
for the quoca 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 basis, so that Member States have the notion 
of drawing the necessary quantities œrresponding to 
actual imports recorded, from the quota volumes; 
whereas this method of administration calls for 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 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, 
(') OJ No L 99, 16. 4. 1988, p. 49. 
(2) OJ No L 287, 20. 10. 1988, p. 1. 
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Article 1 
From 1 January to 31 December 1992 the 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: 
Order No 
09.1101 CNcode 
ex 1604 13 10 
ex 1604 20 50 Description 
Prepared or preserved sardines of the type Sardina pilchardus Volume of 
tariff quotas 
(tonnes) 
17 500 
(net weight) Rate of 
duty 
(%) 
(') Taric codes: 1604 13 10M0 
1604 20 50*11 
Within the limits of this tariff quota, the Kingdom of 
Spain and the Portuguese Republic shall apply customs 
duties calculated in accordance with Regulation (EEC) 
No 3189/88. 
article 2 
The tariff quota amounts indicated in article 1, which represent 
the quantities likely to be introduced into the Gomnunity market during the first 
and second quarters of 1992shall be, respectively, 6 125 and 4 375 tonnes. 
The said quantities relative to the first and second quarters which remain 
unused at 31 ftereh and 3D June/will automatically be transferred J~7932 
to the amounts opened for the second quarter and second half, 
respectively, of the year in question. 
Article % 
The tariff quota 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 if. 
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. 
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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 tariff 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 Ç 
Each Member State shall ensure that importers of the 
product concerned have equal and continuous access to 
the quota for such time as the residual balance of the 
quota volume so permits. 
Article 6 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article £ 
This Regulation shall enter into force on 1 January 1992 
This Regulation shall be binding in its entirety and directly applicable in all Member 
Sûtes. 
Done at Brussels, 
For the Council 
The President 
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FICHE FINANCIERE 
1. Llone budgétaire concernée : Chap. 12, art. 120 
2. Base Juridique : 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 (1992). 
4. Oblectif : Exécution d'une obligation contractuelle (Accord 
poche CEE/Maroc) 
5. Mode de calcul : 
Codes N.C. 
VoIurne du con t i ngen t 
Droit à appliquer 
Droit du T.D.C. ex 1604 13 10 et ex 1604 20 50 
17 500 t 
0 X 
25 % 
6. Perte de recettes : 
La perte de recettes à inscrire pour 1992 s'élève à 8.905.578 ECU 
(Prix 0 : 2.002 ECU/t et 2.463 ECU/t). 
En 1991 une perte de 8.387.959 ECU a été inscrite 
(Prix 0 : 1.901 ECU/t). 
ISSN 0254-1475 
COM(91) 342 final 
DOCUMENTS 
EN 02 
Catalogue number : CB-CO-91-395-EN-C 
ISBN 92-77-75707-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg