COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 90 final 
Brussels, 13 March 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community 
tariff quota for prepared or preserved sardines, 
originating in Morocco, for the period 
from 1 March to 30 April 1992 
(presented by the Commission) 
mm 
EXPLANATORY MEMORANDUM 
1. Article 4 of Protocol No 1 to the Agreement between the EEC and 
Morocco on relations in the sea-fisheries sector states that 
prepared or preserved sardines, of CN-codes 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). 
2. With this Agreement expiring on 29 February 1992, and in order to 
avoid interrupting the supply to the Community market, the 
Community, by Decision .../92, adopted the Agreement in the form of 
an exchange of letters on the interim prolongation until 30 April 
1992 of the Agreement between the EEC and Morocco on relations in 
the sea-fisheries sector. The provision of this Decision introduce 
the opening of a tariff quota for the period from 1 March to 30 
April 1992, with the same volume and principles of regular flow as 
provided for under the abovementioned Agreement, while, 
nonetheless, deducting the quantities imported duty-free under 
Council Regulation (EEC) n* 3732/91 of 12 December 1991<1), viz. 
4 083 tonnes. 
3. Hence, it is proposed that a quota be opened, with a volume of 
3 500 tonnes, of which only 2 042 tonnes may be discharged to the 
Community market before 1 April 1992. 
Within the limits of this tariff quota, Spain and Portugal shall 
apply the customs duties which are calculated in accordance with 
the provisions of 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. 
(1) O.J. L 352 of 21.12.1991, p. 1 
3 
4. It is proposed that the total 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. 
rrofjosai Tor ^ |i 
COUNCIL REGULATION (EEC) No /9£ ' 
o 
opening, allocating and providing for the administration of a Community tariff 
quota for prepared or preserved sardines, originating in Morocco, for the period 
l March to 30 April 1992 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 
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 codes ex 1604 13 10 or ex 1604 20 50 and originating 
in Morocco shall be imported duty-free into the Commu­
nity 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 
35 % of the totf-l volume of the quota in the first quarter 
of the year; whereas at the end of these period, the unused quantities 
of the products in question should automatically be transferred to the 
quantities provided for the second quarter; 
was Whereas the said Agreement on fisheries due to expire 
at the end of February 1992 and wherezs, pursuant to 
Article 12 of the Agreement, the Contracting Farrier- have 
begun negotiations with a view to the possible conclusion 
of a new agreement; 
whereas, pending the conclusion of these negociations, an initial 
quota was opened, under Council Regulation (EEC) n" 3732/91 of 12 
December 1991(2), to cover the period from 1 January to 29 February 
1992, for a quantity of the abovementioned products which amounts to 
4 083 tonnes, calculated "pro rata temporis"-, 
(') OJ No L 99, 16. 4. 1988, p. 49. 
(2) O.J. n- L 352 of 21.12.1991. p. 1 
whereas, in order to avoid hindering the progres 
which are not yet at the final stage and, also, 
supply of the goods in question to the Community 
by Decision —/92,^adopted the Agreement in the 
on the interim prolongation until 30 April 1992 
EEC and Morocco on relations in the sea-fisherie 
of this Decision introduce the opening of a seco 
the period from 1 March to 30 April 1992, with t 
the volume as established by the principles laid 
but taking account of the quantities covered by 
result, the quota-volume to be opened amounts to 
which only 2 042 tonnes may be discharged to the 
1992. s of the said negociations, P 
to avoid interrupting the 
market, the Community, 
form of an exchange of letters 
of th'e Agreement between the 
s sector; that the provisions 
nd Community tariff quota for 
he principles of regular flow and 
down the abovementioned Agreement, 
the initial quota; whereas, as a 
3 500 tonnes (net weight), of 
Community market before 1 April 
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 19»8 laying down the arrange­
ments to be applied by Spain and Portugal to trade with 
Morocco (2.J; 
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, it is appropriate to take the necessary measures 
to ensure efficient Community administration of this 
tariff quota while offering the Member States the opportu­
nity to draw from the quota volume the necessary quanti­
ties corresponding to actual imports; whereas this 
method of administration required 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 ADOPTI.!) THIS REGULATION 
J the customs Article 1 
From l March to 30 Apri I 1992 
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.?S31 CN-c<xJe 
:, j ^04 ) ) 10 Description 
Prepared or ,-, .•;*?,] WiXJincs of the iV>eC^r/){l bil.-hatdus Volnr.j 
tan<» ci 
(in iu.i'. 
"? ';.r|j; 
Of 
Within the limit 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 Community market 
until 31 March 1992 shall be 2 042 tonnes. 
Any unused quantities at this date shall be transferred automati­
cally to the volume provided for the month of April 1992. 
Article 
The tariff quotas referred to in Article 1 shall be managed 
by the Commission, which may take any appropriate 
administrative measures to ensure that they are managed 
efficiently. 
Article 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for prefe­
rential benefit for a product covered by this Regulation 
and if this declaration is accepted by the customs authori-
ties, 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 com muni 
cated 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 £ 
Each Member State shall ensure that importers of the 
products concerned have free access to the quotas for 
such time as the residual balance of the quotas so permits. 
Arttclt $ 
Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 4> 
This Regulation shall enter into force on 1 March 1992 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council •? 
FINANCIAL RECORD 2 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 113 of the Treaty 
Title of the tariff measure concerned : ProposaI for a Counc iI 
Regulation (EEC) opening and providing for the administration of a 
Community tariff quota for prepared or preserved sardines, 
originating in Morocco, for the period from 1 March to 30 April 
1992 
4. Oblect ive : To ensure an adequate supply under favourable 
conditions for Community user-industries 
5. Method of calculation 
CCT heading 
Volume of the quota 
Duty to be applied 
Normal CCT duty ex 1604 13 10 and ex 1604 20 50 
3 500 T 
0 % 
25 % 
6. Duty-IOSS : 
Loss of revenue for the period 1 March to 30 April 1992 stands at 
I 780 625 ECU 
(Price 0 : 2 035 ECU/T). 
In 1991 (for 12 months), the loss stood at 8 316 875 ECU 
(Price 0 : 1 901 ECU/T). 
ISSN 0254-1475 
COM (92) 90 final 
DOCUMENTS 
EN 03 02 
Catalogue number: CB-CO-92-101-EN-C 
ISBN 92-77-41872-9 
Office for Official Publications of the European Communities 
i ^-2985 Luxembourg