CELEX: 51982PC0776
Language: en
Date: 1982-11-26
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff and originating in Morocco (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 776
Vol. 1982/0232
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(82)776 final
                                                           Brussels , 26 November 1982
                                 Proposal for a
                            COUNCIL REGULATION       ( EEC )
        opening , allocating and providing for the administration of
  Community tariff quotas for prepared or preserved sardines falling within
               subheading 16.04 D of the Common Customs Tariff
                         and originating in Morocco
                                   ( 1983 )
                 ( submitted to the Council by the Commission )
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                                       V^*.      • v     -f
    C0MC82 ) 776 final
 ---pagebreak---                      EXPLANATORY MEMORANDUM
1. The 1978 Agreement between the Community and Morocco provides that
   prepared and preserved sardines originating in this country may be
   admitted duty free into the Community on conditions that certain
   minimum prices are respected. The periods and the technical rules for
   application of this system must be fixed by an exchange of letters between
   the contracting parties. Since this exchange of letters has never taken
   place, the Community has, from 1 January 1978 applied a Community
   tariff quota regime which takes the interests involved into account and
   which enables the provisions of the 1978 Agreement relating to prepared
   and preserved sardines to operate .
2. Consequently the Commission is proposing that the Council should extend
   the tariff quota regime and should therefore approve the attached proposal
   for Regulation opening, allocating and providing for the administration of
   Community tariff quotas of 14 000 tonnes duty free and 6 000 tonnes at a
   duty-rate of 10%     in respect of prepared and preserved sardines falling
   within subheading 16.04 D of the Common Customs Tariff originating in
   Morocco .
   These tariff quotas shall apply from 1 January to 31 December 1983.
   This is the subject of the annexed proposal.
3. The proposal for Regulation opening this tariff quotas provides - as is
   customary -for the division of each of the quota volumes into two
   instalments, the first being allocated among the Member States as quota
   shares, the second being held as a reserve.
   The allocation of the volume of the first instalment of the quota is to be
   based on the rules genera^y applied. These involve calculating each
   Member State's total imports for the last three years as a proportion of
   total Community imports during the same period , and applying for each
   Member 1 State the percentage thus obtained to the volume of the first
   instalment .
 ---pagebreak--- IMPORTATION OF PREPARED AND CONSERVED SARDINES
              ORIGINATING IN MOROCCO
  Member             (in tonnes)
  States
          1978       1979        1980   1981
  BX      1 335      1 190       1 310    892
  DK        105          3          4      29
  D       1 626      2 022       1 335  1 576
  GR        578        196          0     375
  F       6 603      7 100       8 020  7 417
  IRL        k2          5          1       0
  IT         88         33         38     109
  UK      1 531      3 173       2 971  3 527
  C.E.    11 908     13 722      13 679 13 925
 ---pagebreak---                                                     PROPOSAL FOR A
                                              COUNCIL REGULATION ( EEC )
                 opening, allocating and providing for the administration of Community tariff quotas for
                 prepared or preserved sardines falling within subheading 16.04 D of the Common Customs
                                                  Tariff and originating in Morocco ( 1983 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              reference to the statistics for imports from Morocco over
                                                                       a representative reference period and also to the economic
                                                                       outlook for the quota period in question ;
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                     Whereas , during the last three years for which statistics
thereof,                                                               are available , the corresponding imports into each of the
                                                                       Member States represent the following percentages of the
                                                                       imports into the. Community from Morocco of the
Having regard to the proposal from the Commission ,                    products concerned :
Whereas the Cooperation Agreement between the                                  Member Stares             1979     1980    1981
Community and Morocco ( ' ), supplemented by Council
Regulation ( EEC) No 3511 / 81 of 3 December 1981                      Benelux                           8-67      9-58    6.41
laying down the arrangements applicable to trade                       Denmark                           0-02      0-03    0.21
between Greece and Morocco ( 2 ), provides that prepared
                                                                       Germany                          14-73      9-76   11.31
and preserved sardines falling within subheading 16.04 D
of the Common Customs Tariff and originating in                        Greece                             1-43     0-00    2.69
Morocco , may be imported into the Community free of                   France                           51-74    58-63    53.28
duty; whereas the detailed arrangements must be fixed by               Ireland                            0-04     0-01    0.00
an exchange of letters between the Community and                                                                   0-27    0.78
                                                                       Italy                              0-24
Morocco; whereas, since this exchange of letters has not
yet taken place , it is advisable to renew until 31 Decembe            United Kingdom                   23-13     21-72  25.32
 1983 the Community arrangements which were applied
in 1982 ; whereas it is advisable to open two Community
tariff quotas for importations into the Community of the
products in question , one duty-free tariff quota of "] 4000           Whereas , in view of these factors and of the estimates
tonnes and the other of^QOO connes at a rate of duty of                submitted by certain Member States , initial shares may be
 10 % ; whereas these tariff quotas are to apply from 1                fixed approximately at the following percentages :
January 1983 until either the conclusion of the exchange
of letters provided for in Article 1 9 of the Cooperation                             Benelux                   8.21
Agreement between the Community and Morocco , or                                      Denmark
until such time as Community arrangements for imports                                                           0.09
of the products in question are applied but until 3lDecembe                           Germany                  11.94
 19£ 3at the latest ;                                                                 Greece                    1.38
                                                                                      France                   54.53
                                                                                      Ireland                   0.02
Whereas it is in particular necessary to ensure for all                                                         0.43
Community importers equal and uninterrupted access                                    Italy
to the abovementioned quotas and uninterrupted                                        United Kingdom           23.40
application of the rates laid down for these quotas to all
imports of the products concerned into all Member States
until the quotas have been used up ; whereas, \ :ving                  Whereas, in order to take into acount import trends for
regard to the principles mentioned above , the                         the products concerned in the various Member States,
Community nature of the quotas can be respected by                     each quota should be divided into two instalments , the
allocating the Community tariff quotas among the                       first being shared among the Member States and the
Member States ; whereas , in order to reflect as accurately            second constituting a reserve to cover at a later date the
as possible the true trend of the market in the products in            requirements of the Member States which have used up
question , such allocation should be in proportion to the              their initial quota shares ; whereas , in order to give
requirements of the Member States, calculated by                       importers in each Member State a certain degree of
                                                                       security , the first instalment of the Community quotas
( ' ) 0 | No L. 264 , 27 . 9 . 1978 , p . 2 .                          should , under the circumstances , be fixed at 70 %
(») OJ No L 358 , 3 . 12 . 1981 , p . 1 .                              respectively of the quota volumes;
 ---pagebreak---                                                             - 2 -
Whereas , the Member States initial shares may be used up         3.     Within the limits of these tariff quotas, Greece shall
at different times ; whereas , in order to take this fact into    apply duties calculated in accordance with the relevant
account and avoid any break in continuity , any Member            provisions in the 1979 Act of Accession and Regulation
State which has almost used up its initial quota shares           ( EEC ) No 3511 / 81 .
should draw an additional share from the corresponding
reserve ; whereas this must be done by each Member State
as and when each of its additional shares is almost used
up , and repeated as many times as the reserve allows ;                                        Article 2
whereas the initial and additional shares must be valid
until the end of the quota period; whereas this method of
administration requires close cooperation between the             1.     The tariff quotas laid down in Article 1 shall be
Member States and the Commission and the latter must              divided into two instalments .
be in a position to monitor the extent to which the quota
amounts have been used up and to inform Member States
thereof;                                                          2.     A first instalment of each quota shall be shared
                                                                  among the Member States ; the respective shares which ,
                                                                  subject to Article 5 , shall be valid until the end of the
Whereas if, at a given date in the quota period , a               period specified in Article 1 shall be as follows:
substantial quantity remains unused in any Member
State , it is essential that that Member State should return
                                                                                                                              (tonnes)
a significant proportion to the corresponding reserve to
prevent a part of any tariff quota from remaining unused                     Member States             Article 1 ( 1 ) Article 1 ( 2 )
in one Member' State when it could be used in others ;
                                                                  Benelux                                  804               345
                                                                  Denmark                                     10                 4
Whereas, since the Kingdom of Belgium , the Kingdom of
                                                                  Germany                               1 170                501
the Netherlands and the Grand Duchy of Luxembourg
                                                                  Greece                                    135
are united within and jointly represented by the Benelux                                                                       58
Economic Union , any operation relating to the                    France                               5 344            2 290
administration of the quota shares allocated to that              Ireland                                       2                1
economic union may be carried out by any of its                   Italy                                       42               18
members ,
                                                                  United Kingdom                       2 293                 983
                                                                                                       9 800            4 200
 HAS ADOPTED THIS REGULATION :
                                                                  3.     The second instalment of each quota , i.e. 750
                             Article 1                            and 450 tonnes respectively , shall constitute the
                                                                  corresponding reserve .
1.      From 1 January 1983 until the conclusion of the
exchange of letters referred to in Article 19 of the
Cooperation Agreement between the Community and                                                Article 3
Morocco , until such time as Community import
arrangements are applied or until 3li«einb«^198 3.,
whichever shall be the earliest , a duty-free Community           1.     If 90 % or more of a Member State's initial share as
tariff quota ofMtooo tonnes shall be opened , for imports         specified in Article 2 ( 2), or 90 % of that share minus the
into the Community of prepared or preserved sardines              portion returned to the corresponding reserve where
falling within subheading 16.04 D of the Common                   Article 5 has been applied , has been used up , then , to the
Customs Tariff and originating in Morocco .                       extent permitted by the amount of the reserve , that
                                                                  Member State shall forthwith , by notifying the
                                                                  Commission , draw a second share equal to 10 % of its
2.      From 1 January 198 3until either the conclusion of        ini^l share, rounded up where necessary to the next
the exchange of letters referred to in Article 19 of the          unit .
Cooperation Agreement between the Community and
Morocco , or until such time as Community import
arrangements are applied but until 3 lt^cemW 98 3at the           2.     If, after one of its initial shares has been used up ,
latest , a Community tariff quota of ^ OOQtonnes at a duty        90 % or more of the second share drawn by a Member
rate of 10 % shall be opened , for imports into the               State has been used up , then that Member State shall , in
Community , of prepared or preserved sardines falling             accordance      with     the   conditions       laid  down         in
within subheading 16.04 D of the Common Customs                   paragraph 1 , draw a third share equal to 5 % of its initial
Tariff and originating in Morocco.                                share , rounded up where necessary to the next unit.
 ---pagebreak--- 3.      If, after its second share has been used up , 90 % or   It shall inform the Member States, not later than 5 October
more of the third share drawn by a Member State has been        1983 />f the amount in each reserve after quantities have
used up , that Member State shall , in accordance with the      been returned thereto pursuant to Article 5 .
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .                                            It shall ensure that the drawing which exhausts any
                                                                reserve does not exceed the balance available and , to this
This process shall continue until the reserve is used up .      end , shall notify the amount of that balance to the
                                                                Member State making the last drawing.
4.      By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed
in those paragraphs if there is reason to believe that they                              Article 7
might not be used up . It shall inform the Commission of
its reasons for applying this paragraph .                       1.     The    Member    States  shall take    all  measures
                                                                necessary to ensure that additional shares drawn
                                                                pursuant to Article 3 are opened in such a way that
                            Article 4
                                                                imports may be charged without interruption against
                                                                their accumulated shares of the tariff quota .
Each of the additional shares drawn pursuant to Article 3
                                                                2.     The Member States shall ensure that importers of
shall be valid until the end of the period laid down in         the products in question established in their territory have
Article 1 .
                                                                free access to the shares allocated to them .
                            Article 5
                                                                3.     The extent to which a Member State has used up its
                                                                shares shall be determined on the basis of the imports of
                                                                the products concerned originating in Morocco and
The Member States shall return to the reserve , not later       entered with customs authorities for free circulation .
than 1             1983 , such unused portion of their initial
share as, on 15 September 1 9£3 , is in excess of 20 % of the
initial volume. They may return a larger quantity if there                               Article 8
are grounds for believing that this quantity may not be
used .
                                                                At the Commission 's request , the Member States shall
                                                                inform it of imports of the products concerned actually
The Member States shall notify the Commission , not later
                                                                charged against their shares .
than 1 0cio\>*y 198 of the total quantities of the products
in question imported up to 15^*^f>>\>*»1983 and charged
against the tariff quota and of any quantity of the initial                              Article 9
shares returned to the reserve .
                                                                The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with .
                             Article 6
The Commission shall keep an account of the shares                                       Article 10
opened-fey*lre Member States pursuant to Articles 2 and 3
and , as soon as-iris notified , shall inform each State of the This Regulation shall enter into force on 1 January
extent to which the reserves have been used up .                 1983 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels,      .... 1982 .
                                                                                 For the Council
                                                                                  The President