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 )
Date: 1989-07-14
Institutions: European Commission
Subjects: Portugal, preserved product, tariff quota

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  i n to  the  Coiti;unity  as  c o n s t i t u t ed  on  31  Decemoer  1985, 

free  of  Cormon  Customs  Tariff  d u t i es  up  to  the  U n i ts 

indicated  below  : 

Combined 
hl>ienclature 
code 

16.04 

Description 

Quantities 
(tonnes) 

Prepared  or  preserved  fish 
caviar  and  caviar  s u b s t i t u t es 
prepared  fron  fish  eggs  : 

; 

ex  1604.13-10 
ex  1604.20-50 

-  sardines  on  the  species 
"Sardina  pilchardus" 

1604.14-10 
1604.19-30 

1604.20-70 

1604.15-10 

1604.19-50 

ex  1604.20-50 

- 

-  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  t he  species 

"Orcynopsis  unicolor" 
rackerel  of  the  species 
"Scomber  sconbrus"  and 
"Scomber  japonicus"  and 
fish  of  the  sj^ecies 
"Orcynopsis  unicolorH 

)  5  000 

)  1  000 

)  1  000 

2  Whereas, by virtue of  Regulations (EEC) No3482/88 

33v/oo 

and (EEC) N o . .. J89 
, the custom  duties  applicable  on 
I import  into  the  Community,  excluding  Spain, of  certain  L-
sardines  of  the  species Sardina  pilchardus,  and  mackerel  of  the  species  "Scomber  scambrus" and  "Scomber  japo-

. 

x  ~ 

from  Portugal °tf  suspended;  JWiereas, therefore, the Community tariff  J 
v" 

Iquota for the sardines!in question should not be opened in 
199Q 

— 

I  nicus  and  fish  of  the  species  Orcynopsis 

Urirolor 

/ 

As  regards 
to  be  a p p l i ed  by  aU.  Member  S t a t e s, 

the  method  of  a d m i n i s t r a t i on 

it 

is  proposed  t h at  t he  e n t i re 

quota  volume  be  h e ld  as  a  Oanrnunity  r e s e r ve  to  which  a ll  Mentoer  S t a t es 

w i ll  have  a c c e ss  in  accordance  w i th  t ne  procedure  provided  for 

in 

A r t i c le 

3  of  t he  p r o p o s al  for  a  R e g u l a t i o n. 

This  is  t he  purpose  of  t he  a t t a c h ed  p r o p o s a l. 

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 ('), 
and (EEC) No  . . . / 8 9 i 3,  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; 

(EEC)  No 839/88  (2) 

whereas, therefore,  the Community  tariff 
quota  for  the sardines in question  should not be opened in 
1990, 

W h en  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 

CNcode 

Description 

Quantities 
(tonnes) 

Quota 
duties 

Prepared  or preserved fish: 

caviar  and caviar subsitutes prepared  from  fish eggs: 

09.0502 

«X  1604 14 10 

-  Tunas 

eX  1604 20 70 

— Tunas, 

Article  2 

referred 

tariff  quota 

to  in  Article  1  shall  be 
The 
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 
including  a  request  for 
of  entry  into  free  circulation 
this 
preferential  benefit 
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. 

for  a  product  covered  by 

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

acceptance  of 

the 

1000 

free 

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. 

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. 

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 

COM(89)  357  final 

ISSN 0254-1475 

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 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

14.7.1989