Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for prepared or preserved sardines originating in Morocco ( 1 May to 31 December 1995
Date: 1995-08-16
Institutions: European Commission
Subjects: Morocco, preserved product, sea fish, tariff quota

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  16.08  l*>95 
(  OM(95)  .U>7  final 

95/0218  (ACC) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

opening and providing for the administration of 
Community tariff quotas for prepared or preserved sardines 
originating in Morocco 
(1 May to 31 December  1995) 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The fisheries  agreement between the European Community and the Kingdom of  Morocco 
expired  on 30 April  1995. The arrangements  for  these products are once again  governed 
by the Cooperation  Agreement  between  the Community  and  Morocco. Accordingly,  the 
tariff  quotas  planned  should  be  opened  with  due  regard  to  imports  under  the  fisheries 
agreement  during  the  first  four  months  of  1995. 

Proposai  for  a 

COUNCIL  REGULATION  (EC) 

opening  and  providing  for  the  administration  of  Community  tariff  quotas  for  prepared 

or  preserved  sardines  originating  in  Morocco 

(1  May  to  31  December  1995) 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article  113  thereof, 

Having  regard  to  the  proposal  from  the Commission  , 

Whereas the fisheries  agreement  between the European  Community  and the Kingdom  of 

Morocco  expired  on  30 April  1995; whereas  accordingly  the special  trade  arrangements 

laying down the conditions for access- to the Community  market of prepared or preserved 

sardines  originating  in  Morocco  no  longer  apply  from  that  date  on; 

Whereas under the Cooperation Agreement between the Community  and the Kingdom  of 
Morocco1 prepared  or preserved  sardines of the species sardina pilchdrdus falling  within 

CN  headings  ex  1604  13  11,  ex  1604  13  19  and  ex  1604  20  50  and  originating  in 

Morocco  may  be  imported  into  the  Community  free  of  customs  duty  under  certain 

conditions; whereas, since the details of these arrangements have not yet been laid  down, 

two tariff  quotas  should  be opened, one of  14 000 tonnes free  of duty  and  one of 6 000 

tonnes  at  a  rate  of  duty  of  10%;  whereas  the  quantity  imported  during  the  first  four 

months of  1995 under the special trade arrangements laid down in the fisheries  agreement 

should  be deducted  from  these quotas; whereas accordingly  a first  quota of  8 750  tonnes 

free  of  duty  and" a  second  quota  of  3  750  tonnes  at  a  rate  of  duty  of  10%  should  be 

opened, 

HAS  ADOPTED  THIS  REGULATION: 

OJNo  L 264, 27.9.1978, p. 2. 

Article 1 

Between  1  May  1995  and  31  December  1995  customs  duties  on  the  import  into  the 

Community  of the products  listed  below  and originating  in Morocco  shall  be  suspended 

or  reduced  to  the  levels  shown,  subject  to  the  relevant  Community  tariff  quotas: 

Serial 

number 

CN  heading 

TARIC 

code 

09.1101 

ex  1604  13  11 

ex  1604  13  19 

ex  1604  20  50 

09.1103 

ex  1604  13  11 

ex  1604  13  19 

ex  1604  20  50 

•II 

•19 

•11 

•19 

•13 

•15 

•11 

•19 

•11 

•19 

•13 

•15 

Description of  goods 

Volume  of 

quota 

(tonnes) 

Quota 

duties 

Prepared or preserved  sardines 

8  750 

«•xempt 

of  the species sardina 

pilchardus 

Prepared or preserved  sardines 

3  750 

10% 

of the species sardina 

pilchardus 

Article 2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  managed  by  the  Commission,  which 

may  take  all  administrative  measures  required  to ensure effective  management. 

If an importer  submits  in a Member  State an entry for  free  circulation  which includes an 

application  for  preferential  treatment  for  the  products covered  by  this  Regulation  and  if 

that  entry  is  accepted  by  the  customs  authorities, the  Member  State  concerned  shall,  by 

notifying  the  Commission,  draw  from  the  tariff  quotas  a  quantity  corresponding  to  his 

needs. 

Applications to draw quantities, stating the date of acceptance  of that entry, shall be sent 

to the  Commission  without  delay. 

Drawing  shall  be  accepted  by  the  Commission,  to the  extent  that  the  balance  available 

permits, on the basis of the date of acceptance by the customs authorities of the  Member 

State concerned  of the entry  for  free  circulation. 

If a  Member  State  does  not  make  use  of  the  quantities  drawn,  it  shall  return  the  tariff 

volumes as soon  as possible. 

If the quantities requested exceed  the balance of the quota volumes available,  allocation 

shall  be made pro rata to applications. The Commission shall inform the Member States 

of the drawings made. 

Article 3 

Each Member  State  shall  guarantee  to  importers  of  the products  in question  equal  and 

continuous access to the tariff quotas for as long as the balance of quota volumes allows. 

The  Member  States  and  the  Commission  shall  cooperate  closely  to  ensure  compliance 

with this Regulation. 

Article 4 

This Regulation shall enter into force on the day of its publication in the Official  Journal 

of the European Communities. 

It shall  apply  from  1 May  1995. 

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

States. 

Done at Brussels, 

For the Council 

FINANCIAL  STATEMENT 

1 .Budget  heading  concerned:Chapter  12, Article  120 

2.Legal  basis:Article  113 of  the  Treaty 

3 .Title  of  the  tariff  measure:Proposal  for  a  Council  Regulation  (EC)  opening  and 
providing  for  the  administration  of  Community  tariff  quotas  for  prepared  or  preserved 
sardines  originating  in  Morocco  (1  May  to  31  December  1995) 

4.Purpose:To  take  account  of  the  Cooperation  Agreement  with  Morocco 

5.Method  of  calculation: 

Description of 
goods 

Quantities 

Price in 
ECU/unit 

Normal duty 
(°/4 

Quota duty 

Loss of 
revenue 
(ECU) 

Sardines 

8  750  tonnes 

2  277 

Sardines 

3  750  tonnes 

2  277 

22.5 

22.5 

Exempt 

4  482  843 

10% 

1  067  343 

Total  revenue  lost:  ECU  5 550  186 

ISSN 0254-1475 

COM(95) 367 final 

DOCUMENTS 

EN 

02  03 

Catalogue number  : CB-CO-95-445-EN-C 

ISBN 92-77-92848-4 

Office for Official  Publications of the European Communities 

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