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 ( 1991 )
Date: 1990-09-05
Institutions: European Commission
Subjects: Morocco, preserved product, sea fish, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(90)  394 

f i n al 

B r u s s e l s,  5  September  1990 

Proposal 

for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  a  Connunity  t a r i ff 

quota  f or  prepared  or  preserved  sardines  originating 

in  Morocco 

(1991) 

(presented  by the Commission) 

lOLKlA1W l\  MIT  WW  K AW  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 e ll  Member States  v l ll  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)  N o . . / 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 
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 

imported  duty-free 

** 

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 t h i rd  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 9 91 

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 
may be carried 
quota 
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 

eW 

DcKfipcion 

Volume of 
tariff quota 
(tonnes) 

Rate of duty 

0".1101 

ex  1604  1J  10 
ex  1604  20  50 

Prepared  or  preserved  sardines  of 
pikhardus 

the 

type  Sardina 

17 500 
(net  weight) 

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. 

a r ti  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 
to  the  amounts opened for  the  second quarter  and second  half, 
respectively,  of  the  year in question. 

J?531 

Article 

3 

tariff  quota  referred  to  in  Article 

The 
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 
said  declaration,  must  be 
of  acceptance  of 
communicated  to  the  Commission  without  delay. 

the 

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. 

A r t i c le 

'& 

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. 

ex  1604 13 10 et ex  1604 20 50 

Volume du contingent 

17 500 t 

Droit à applIquer 

Droit  du T.D.C. 

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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