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
Date: 1992-03-13
Institutions: European Commission
Subjects: Morocco, preserved product, sea fish, tariff quota

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 

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. 

3 

Annex-. Proposal  for  a Regulation. 

r r o f j o s ai  Tor  ^ 

COUNCIL  REGULATION  (EEC)  No 

/9£ 

|i 

' 

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  A p r il 

1992 

o 

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 

t he  y e a r;  whereas  at  the  end of  these  p e r i o d,  the  unused  q u a n t i t i es 

35  %  of  the totf-l  volume  of  the  quota 
of 
of  the  products  in  question  should  automatically  be  transferred  to  the 
q u a n t i t i es  provided  f or  the  second  q u a r t e r; 

f i r st  q u a r t er 

t he 

in 

due to  expire 
Whereas  the said  Agreement  on  fisheries 
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; 

was 

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, 
to avoid  interrupting  the 
market,  the  Community, 
form  of  an exchange  of  letters 

P 

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 

shall  apply 

Whereas,  within  the  limits  of  the  tariff  quota,  Spain  and 
Portugal 
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 
this 
imports;  whereas 
ties  corresponding 
method  of  administration 
required  close  cooperation 
between  the  Member  States  and  the  Commission  ; 

to  actual 

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 

Article  1 

From  l  March  to  30  Apri  I 
the  customs 
duty  applicable  to  imports  into  the  Community  of  the 
in  Morocco,  shall  be 
following  products,  originating 
suspended  at the level  indicated  and within  the limits  of a 
Community  tariff  quota  as  shown  below : 

1992 

J 

Order  No 

CN-c<xJe 

Description 

V o l n r .j 
tan<»  ci 
(in  iu.i'. 

09.?S31 

:, 

j ^ 04  )  )  10 

Prepared  or  , -, 

.•;*?,]  W i XJ in cs  of  the  iV>eC^r/){l 

bil.-hatdus 

"? 

';.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. 

A r t i c le 

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. 

•? 

A r t i c le  £ 

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 
closely  to  ensure  that  this  Regulation  is complied  with. 

the  Commission  shall  cooperate 

This  Regulation  shall  enter  into  force  on 

1  M a r ch  1 9 92 

Article  4> 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

D o ne  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 

ex  1604 13 10 and ex  1604 20 50 

Volume of  the quota 

3 500  T 

Duty  to be applied 

Normal  CCT  duty 

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