CELEX: 51995PC0367
Language: en
Date: 1995-08-16
Title: 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

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)
 ---pagebreak---  ---pagebreak---                          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.
 ---pagebreak---                                     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.
 ---pagebreak---                                          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      CN heading      TARIC         Description of goods        Volume of    Quota
     number                         code                                       quota     duties
                                                                             (tonnes)
  09.1101     ex 1604 13 11     •II        Prepared or preserved sardines 8 750       «•xempt
                                •19        of the species sardina
              ex 1604 13 19     •11        pilchardus
                                •19
              ex 1604 20 50     •13
                                •15
   09.1103    ex 1604 13 11     •11        Prepared or preserved sardines 3 750       10%
                                •19        of the species sardina
              ex 1604 13 19     •11        pilchardus
                                •19
              ex 1604 20 50     •13
                                •15
                                         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.
 ---pagebreak--- 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
 ---pagebreak---                                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   Quantities      Price in  Normal duty   Quota duty     Loss of
       goods                       ECU/unit       (°/4                     revenue
                                                                            (ECU)
   Sardines       8 750 tonnes   2 277       22.5         Exempt        4 482 843
   Sardines       3 750 tonnes   2 277       22.5         10%            1 067 343
Total revenue lost: ECU 5 550 186
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 367 final
                                              DOCUMENTS
EN                                                                        02 03
                                     Catalogue number : CB-CO-95-445-EN-C
                                                              ISBN 92-77-92848-4
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