CELEX: 51990PC0394
Language: en
Date: 1990-09-05
Title: 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 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(90) 394  final
                                           Brussels, 5   September 1990
                                Proposal for a
                          COUNCIL REGULATION (EEC)
   opening and providing for the administration of a Connunity t a r i f f
    quota f o r prepared or preserved sardines originating in Morocco
                                    (1991)
                        (presented by the Commission)
 ---pagebreak---                               lOLKlA1W l\ MIT W W K A W 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, I t i s proposed that tbe toole volume of the products/ tearlff qootà
   should form & Ocraainity reserve to %&ioh e l l Member States v l l l 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
 ---pagebreak---                                                                Proposal for a
                                                     COUNCIL REGULATION (EEC) N o . . / 9 0
                                                                   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 imported duty-free 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
                  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 r d 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 9 1
                   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 N o L 99, 16. 4. 1988, p. 49.
                             {') OJ N o L 287. 20. 10. 1988. p. 1.
 ---pagebreak---                                                                     -  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
                                quota                                            may be carried
                                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:
                                                                                                   Volume of
   Serul No        e                                                                              tariff quota
                                                                                                               Rate of duty
                     W                                     DcKfipcion
                                                                                                    (tonnes)
0".1101         ex 1604 1J 10    Prepared or    preserved   sardines  of  the type  Sardina         17 500          0
                ex 1604 20 50    pikhardus                                                       (net weight)
          (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 t i 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                        J?531
                             to the amounts opened for the second quarter and second half,
                             respectively, of the year in question.
                                                       Article     3
                            The tariff quota referred to in Article 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
 ---pagebreak---                                           -3 -
               The requests for drawing, with the indication of the date
               of acceptance of the said declaration, must be
               communicated 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 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.
                                          Article       '&
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
 ---pagebreak--- 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        0 %
Droit du T.D.C.          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).
 ---pagebreak---             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.
 ---pagebreak---  ---pagebreak---                                                                                ISSN 0254-1475
                                                               COM(90) 394 final
                                                     DOCUMENTS
EN                                                                                      02 i l
                                Catalogue number : CB-CO-90-419-EN-C
                                                              ISBN 92-77-63749-8
PRICE                        1-30 pages: 3.50 ECU       per additional 10 pagts: 1.25 ECU
      for Official Publications of the European Communities
  Ï985 Luxembourg