COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(89) 357 final 
Brussels/ 14 July 1989 
Proposal for a 
opening and providing for the administration of a Community tariff quota 
for certain kinds of prepared and preserved tunas 
coming from Portugal (1990) 
(presented by the Commission) 
EXPLANATORY MTMORANDLM 
1. ArticLe 362 of the Act concerning the conditions of accession of the 
KuvfJon of Spain and the Portuguese Republic and the adjust/nents to the 
Treaties provides that the following products fron Portugal ray be 
imported annually into the Coiti;unity as constituted on 31 Decemoer 1985, 
free of Cormon Customs Tariff duties up to the Units indicated below : 
As regards the method of administration 
to be applied by aU. Member States, it is proposed that the entire 
quota volume be held as a Oanrnunity reserve to which all Mentoer States 
will have access in accordance with tne procedure provided for in 
Article 3 of the proposal for a Regulation. 
This is the purpose of the attached proposal. 2 Whereas, by virtue of Regulations (EEC) No3482/88 33v/oo 
and (EEC) No... J89 , the custom duties applicable on 
I import into the Community, excluding Spain, of certain L-
. x ~ sardines of the species Sardina pilchardus, and mackerel of the species "Scomber scambrus" and "Scomber japo-
from Portugal °tf suspended; JWiereas, therefore, the Community tariff J I nicus and fish of the species Orcynopsis 
Iquota for the sardines!in question should not be opened in Urirolor 
199Q v" — / Combined 
hl>ienclature 
code 
16.04 
ex 1604.13-10 
ex 1604.20-50 
1604.14-10 
1604.19-30 
1604.20-70 
1604.15-10 
1604.19-50 
ex 1604.20-50 Description 
Prepared or preserved fish ; 
caviar and caviar substitutes 
prepared fron fish eggs : 
- sardines on the species 
"Sardina pilchardus" 
- tunas and skipjack 
- fish of the genus "Euthynnus", 
other than skipjack 
- tunas, skipjack and other 
fish of the genus "Futhynnus" 
- ittackerel of the species 
" Scomber scornbrus" and 
"Scomber japonicus) 
- fish of the species 
"Orcynopsis unicolor" 
- rackerel of the species 
"Scomber sconbrus" and 
"Scomber japonicus" and 
fish of the sj^ecies 
"Orcynopsis unicolorH Quantities 
(tonnes) 
) 5 000 
) 1 000 
) 1 000 
Proposal for a COUNCIL REGULATION (EEC) 
opening and providing for the administration orCommunity tariff quota for 
certain kinds of prepared or preserved^—-^coming from Portugal ( 1990 ) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to the Act of Accession of Spain and Portugal, 
and in particular Article 362 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 362 of the Act of Accession provides that 
during the period of progressive elimination of customs 
duties between the Community as constituted at 31 
December 1985 and Portugal, certain kinds of sardines, 
tunas, fish of the genus Euthynnus, certain kinds of 
mackerel and fish of the species Orcynopsis unicolor, 
prepared or preserved, falling within CN codes 
ex 1604 13 10, ex 1604 20 50, 1604 14 10, 1604 19 30, 
1604 20 70, 1604 15 10, 1604 19 50 and ex 1604 20 50 
and coming from Portugal, may be imported free of duty into 
the Community as constituted at 31 December 1985 within 
the limits of annual Community tariff quotas of 5 000 
tonnes, 1 000 tonnes and 1 000 tonnes respectively; 
Whereas, by virtue of Regulations (EEC) No 3*82/88 ('), (EEC) No 839/88 (2) 
and (EEC) No .../89i3, the customs out i es applicable on 
import into the Community, excluding Spain, of certain 
sardines of the species Sardine pilchardus and mackerel cf the species 
'Scomber scombrus" and "Scomber japonicus" and fish 
of the species 'X)rcynops^s unicolor", carina, from 
Portugal ft suspended; 
whereas, therefore, the Community tariff 
quota for the sardines in question should not be opened in 
1990, 
When equal and continuous access to the quota should 
be «mired for all Community importers and the rates 
hid 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 ; 
(') OJNoL306, 11. 11. 1988, p. 1. 
(J) OJNoL87, 31.3. 1988, p. 1. 
(3) 0J fo I. ...., . .19U0, P. i 
liîereas. it 
is appropriate to take the necessary measures 
to ensure efficient Community adninistration 
of this tariff quota while offering the 
Member States the opportunity to draw f ran 
the quota volume the necessary quantities 
corresponding to actual imports; whereas 
this method of adninistration 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, any operation concerning the adminis­
tration of the quota 
may be carried out by any one of its members. HAS ADOPTED THIS REGULATION: 
Article 1 
From 1 January to 31 December 1990 the customs duty on 
imports into the Community as constitued on 31 December 198! 
for the following products from Portugal, shall be totally 
suspended within the limits of Community tariff quota as 
shown herewith: 
Order 
No 
09.0502 CNcode 
«X 1604 14 10 
eX 1604 20 70 Description 
Prepared or preserved fish: 
caviar and caviar subsitutes prepared from fish eggs: 
- Tunas 
— Tunas, Quantities 
(tonnes) 
1000 Quota 
duties 
free 
Article 2 
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 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 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 4 
Each Member State shall ensure that importers 
of the product concerned have equal and con­
tinuous access to the quota for such time as 
the residual balance of the quota volume so 
permits. 
Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 
This Regulation shall enter into force on 1 January 19Ç0 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 4 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec l'article 362 de l'acte d'adhésion, 
l'impact découlant de cette concession a été pris en considération lors de la prise 
de décision d'adoption de ce contingent et il n'aura pas un caractère sérieux sur 
la compétitivité et l'emploi dans la Communauté. 
S 
Commission of the European Communities 
COM(89) 357 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff quota 
for certain kinds of prepared and preserved tunas coming from Portugal 
(1990) 
(submitted to the Council by the Commission) 
14.7.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 — 5 pp. - Format: 21.0 * 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-52072-8 
Catalogue number: CB-CO-89-318-EN-C 
ISSN 0254-1475 
COM(89) 357 final 
DOCUMENTS 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of 
a Community tariff quota for certain kinds of 
prepared and preserved tunas coming from 
Portugal (1990) 
(submitted to the Council by the Commission) 
11 02 
Catalogue number: CB-CO-89-318-EN-C 
ISBN 92-77-52072-8 14.7.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES