CELEX: 51988PC0503
Language: en
Date: 1988-09-30
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for prepared or preserved sardines originating in Morocco (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 503
Vol. 1988/0181
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(88 ) 503 final
                                           Brussels , 30 September 1988
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of a
       Community tariff quota for prepared or preserved sardines
                           originating in Morocco
                                   ( 1989 )
                       ( presented by the Commission )
 ---pagebreak---                            EKPIAKATQRY MHCÎRANDOM
1 . Article 4 of Protocol No 1 to the Agreement between the ESC aid Morocco
    on relations in the sea fisheries sector states that prepared or
    preserved sardines falling within GN code ex 1601 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 ) .
    Within the limits of this tariff quota , Spain and Portugal apply
    customs duties calculated in accordance with Council Regulation ( EEC )
    No ... / 88 of . 1968 laying down the arrangements for trade
    between Spain and Portugal on the one hand and Morocco on the other .
    This tariff quota should therefore be opened for 1989 .
2.  In order to ensure a regular flow to the Community market under this
    quota , the quantifies destined for that market may 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 . Any of
    the quantities allocated to the Member States which remain unused at
    the end of the first and second quarters shall be returnee immediately
    to the Community reserve .
3.  The tariff arrangements proposed are based on the assumption that the
    Council Regulation laying down the arrangements for trade between Spain
    and Portugal on the one hard and Morocco on the other will be
    implemented before 1 January 1939 . If this should not be the case , the
    Caumissicn nay withdraw or amend ins proposal in the course of the
    procedure .
 ---pagebreak---                                              O
4. The proposal for a Regulation opening the tariff qu::w ra :es tr: mui,
   - as is customary - for the division of the quota vclur.w no tv
   parts , the first of which is allocated by shares among all herbs:-'
   States , while the second constitutes a roserve .
   Allocation of the first part of the quota should be based on t'.w
   applied generally . These involve calculating each Kerbs.-? State ' c towl-
   imports for the last three years as a proportion of total
   1 tiuv'rts during tius sates p©ri r»1 . uw appuyiig t;x> •'*&> rt.jo t ut
   obtained to the voluiite of the first part of woo quota , _ii order to
   establish each Member State 's share .
 ---pagebreak---                            Proposai   tur a
                        COUNCIL KSiULATICiJ (EEC)
opening , allocating and providing for the administration of a Community
tariff quota for prepared or preserved sardines originating in Morocco
( I960 )
THE COUNCIL OF THE EUROPEAN COhifuNITIES ,
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 cf Protocol No 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 fall'og
within CM     code   ex 1640 13 * 0     or  ex 1604 20 50 originating in
Morocco shall be imported        duty-free   into   the   Community within
the limits of a Community tariff quota of 17 500 tonnes ( net weignt );
whereas In order to ensure a regular flow to the Community narket under
this quota , the quantities destined for that market may not exceed 60% of
the total volume of the quote, 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 periods the quantities oi the products in question which have been
allocated to tie Member Slates and remain unused by the latter should be
returned immediately to the Community reserve ;
Vhoreas within the litres of uie -'tariff quota Spain and Portugal shall
apply the customs duties calculated according to the previsions cf Council
Regulation ( EEC ) No . / 56 of . 1968 layi.ng down the arrangements
for trade between Spain and Portugal on trie one hand and Morocco on the
other ; 2 whereas the Community tariff quota in question should therefore be
opened for 1989 ;
1 OJ No L 99 , 16.4.1988 , p. 49 .
2 Ou No L       ,      1988 , p.
                                                                             h
 ---pagebreak---                                                    O
VLiereas equal and continuous access to the quota Simula be ensured lor ai*.
Community importers and the rate laid down for the quota should le r'dlv
CK )Ufi4 R frart. i Y t,r> all .imports or the*- pn * l\u )!./-> in quon Hi .1 . . .0 a.Li        ^
States until the quota is exhausted ; whereas , in the l.ght of thee ,
principles , allocation of the tariff quota among the he her £cates vjul-
seem to preserve the Community nature of the quota ; whereas in order t :
correspond as closely as possible to the reel trend of ‘the market for :,u.
products in question the allocation should reflect the requirements of the
Member States based on statistics of imports of the said products from
Morocco during a representative reference period and on the economic
outlook for the quota period in question ;
Whereas during the last three years for which statistics are available ,
imports of the produots in question from Morocco into each of the Member
States were as follows :
                                                                                   ( tonnes )
                       Member State                  1985                 1986                 1967
                                                                                       I
     Benelux                                  1    1 039            1    1 012         1        980
     Denmark                                  1        –            ¡      –           1         14
     Germany                                  1    3 276            1   3 313          1      3 555
     Greeoe                                   I        353          1      239         1        300
      Spain                                   1        –            1      –           1
     France                                   1    8 747            1    8 328         1    10 993
      Ireland                                 1        135          1      108         I         89
      Italy                                   1        176          1      146         1        406
      Portugal                                1        –            1      –           1        –
     United Kingdom                           1    2 790            1   2 399          1      2 778
Whereas in the last three years the produots in question wore import* it
regularly only by certain Member States and not at all or only occasionally
by the other Member States ; whereas , in these oircumstanoes , in the first
phase , Initial shares should be allooated to the genuine importing Member
States and the other Member States should be guaranteed aooess to the
tariff quota when imports actually take place ; whereas these arrangements
for allocation will equally ensure the uniform oollection of the duties
 ---pagebreak---                                       - 3 -
Whereas in view of these factors and the forecasts made by certain :i . te¬
states , the Initial percentage shares of the quota volume can be expressed
as follows :
Benelux            5.92
Denmark            0.03
Germany           19 . 63
Greece             1 . 74
France            54.64
Ireland            0.65
Italy              1 . 42
United Kingdom 15.57
Whereas , to allow for the trend cf imports of the products concerned in the
various Member States , the quota volume should be divided into two parts ,
the first being allocated among certain Member States and the second held
as a reserve to cover any subsequent requirements of Member States which
have used up their initial shares and any requirements which might arise in
the o'-ner Member States ; whereas , to afford importers in each Member State
some degree of oertainty , an appropriate level for the first part of the
Community quota would , in the present circumstances , be 60% of the quota
volume , the second part (40%) constituting the reserve to which shall also
be returned any amounts remaining from the shares allocated when the quota
volume was divided up for the first and second quarters of the current
year ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in cider to avoid any break in the continuity of supplies
on this account , it should be provided that any Member State which has
almost used up its initial share should draw from the reserve quantities
corresponding to its actual requirements , and so on as many times as the
r -serve allows ;  whereas •ins form of administration requires close
c'-ooe-"ation between the Member States and the Commission and the latter
Ui'uirl’j able to monitor the e stent to which the quota volume has been used
up and inform the Member States accordingly ;
Whrrems , to take account of the restrictions aimed at ensuring a regular
flow to the Community market , the quota volume should be divided into three
parts covering the first and second quarters and the second six months of
the quota period respectively ;
Whereas if at a given date in the quota period a considerable quantity of a
Member State 's initial share remains unused , it is essential that the
Member State concerned should return a significant proportion thereof to
the Community reserve in order to prevent part of the Community tariff
quota from remaining unused in one Member State when it could be used in
 others ;
                                        \
                                                                              <1
 ---pagebreak---                                      - За -
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 administration of
the quota shares allocated to that economic union may be carried out by ary
one of its members ,
HAS ADOPTED THIS REGULATION :
                                   Article 1
1.   From 1 January to 31 December 1969 the customs duty applicable to
     imports into the Ctammunity of the following products , originating n
     Morocco , shall be suspended at the level indicated and within the
     limits of a Community tariff quota as shown below :
 Serial No      Combined       Description   Volume of   Rote of        j
                Nomenclature                 tariff      duty (% )
                code                         quota
                                             ( tonnes')
   09.1101      ex 1604 13 10
                ex 1604 20 50
                              Prepared or
                              preserved
                                               17 500
                                                                   0    i
                              sardines of                               !
                              the type                                  1
                              Sardina                                   1
                              pilchardus
                              walhaum
                                                                        !
Within the limits of this tariff quota , Spain and Portugal shall apply
customs duties calculated in accordance with Regulation (EEC ) No
. /88 .
                                   Artide 2
1 . The tariff quota referred to in Article 1 shall be divided into two
parts .
                                                                            t
 ---pagebreak---                                      - 4 -
2 . The first part of the quota ( 10 500 tonnes ) shall be allocated among
     oertain Member States ; the quota shares corresponding to the first
     quarter , the second quarter and the second half of the year
     respectively shall be as follows ;
                             1st half-year (60%)          2nd      If-vear
    Member States     1st quarter    2nd quarter
                         (35% )         (25%)
    Benelux              218                 155                    250
    Germany              729                 521                    833
    Greece                64                  46                     73
    France             2 015               1 440               2 303
    Ireland               24                  17                     27
    Italy                 52                  37                     60
    United Kingdom       573                 409                    66x
                       3 675               2 625               · ": 2C3
3 . The second part of the quota (7 000 tonnes ), divided into 2 450 , 1 750
     and 2 800 tonnes corresponding to the first quarter , the second quarter
     and the second half-year respectively , shall constitute the Comramity
     reserve .
4.   If the products concerned are presented in the other Member States
     along with a declaration of entry into free circulation accepted by the
     customs authorities , the Member State concerned shall inform the
     Commission and draw a corresponding amount pursuant to Article 3 .
5 . The Member States referred to in paragraph 2 shall on 31 March or
    30 June 1989 return immediately to the reserve any unused quantity
    of the quota shares allocated to them when the quota volumes
    relating to the first and second quarters were divided up .
 ---pagebreak---                                             - 5 -
                                          Article .3
If a Member State has used its entire initial share as specified in
Artiole 2(2 ), or that share 1 nrfl ary JOT- tier returned to the mini-vrt
pursuant to Article 4 tiie l'olli'wlig provru-boiiS sliall apply .
 If an importer presents in a Member State a declaration of entry into circulation, for a product
covered by this Regulation and if this request is accepted by the customs
authorities , the Member State concerned shall inform the Commission and
draw an amount corresponding to its req booments from the reserve referred
to in Article 2(3 ).
Requests for drawings , with an Indication of the date of aooeptanoe of the
said declarations , must be transmitted to the ‘Commission without delay .
The drawings shall be granted by the Commission , by reference to the date of
acceptance of the declarations of entry into free circulation by the
customs authorities of the Member State concerned , to tne extent that the
available balance so permits .
If a Member State does not use tiie quantities drawn , it shall return them
as soon as possible to the reserve .
If the quantities requested are greater than the available balance of the
reserve , allocation shall, be made on a basis proportionate to the requests .
Member States shall be informed by tire Cteraission in accordance with the
same procedures .
By 1 October 1939 at the latest Member States moist return to the reserve
the unused portion of their initial share which , on 15 September 1989 , is
in excess of 2C% of the initial volute .            They may return a greater portion
if ’there is reason to believe that it might not be used .
By 1 October 1989 at the latest Member States roust notify the Commission of
the total quantities of the products coroamed imported on or before 15
September 1989 and charged against the Community quotas and of any portion
of their initial shares tliat they are returning to each of the reserves .
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the
extent to which the reserves have been used up as soon as it has been
notified .
It fiha.l 1 inform the Member States rot later than 5 October 1989 of the
state of each of the reserves following any return of quota shares pursuant
to Article 4 .
It shall ensure that the drawing which exhausts the reserve does not exceed
the balance available , and to this end shall notify the amount of that
balance to the Member State making the final drawing .
 ---pagebreak---                                    Article.fi
1.  Member States siiall take aJ l appropriate moa.s*ures to ensur e that
    additional drawings of shares pursuant to Article 3 enable imports to
    be charged without interruption against their accumulated share of the
    Community tariff quota .
2.  Member States shall ensure that importers of the products concerned
    have free access to the quota shares all ooated to them .
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 entered with the customs authorities for
    free circulation .
                                   Article 7
At the request of the Commission , Member States shall inform it of imports
actually charged against their quota shares .
                                   Article .8
This Regulation shall enter into foroe on 1 January 1989 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                          For the Council
                                          The President
 ---pagebreak--- FI OK FINANCIERE
1.      Ligne budgetaire ccncemée : Chap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      Intitulé de la mesure tarifaire : Proposition de règlement de la
        Commission portant ouverture , r%>artition et mode de gestion d' un
        contingent tarifaire corrmunautaire de préparations et conserves de
        sardines , originaires du Maroc (1989 )
4.      Objectif : Anticipation autonane à une future obligation
        contractuelle ( Accord CEE/ Maroc )
5.      Mode de calcul :
        Codes NC              : ex
                                ex 1604
                                     ±OVK* 13
                                           IJ 10
                                              îu et
                                                 ec ex
                                                    ex 1604
                                                       louH 20
                                                            zu 50
                                                               DU
        Volume du contingent : 17 500 t
        Droit à appliquer     : 0 %%
        Droit du T. D.C.      : 25 %
6.      Perte de recettes :
        La même mesure a été appliquée en 1988, ( Perte 8 830 800 ECU , prix
        0 : 2 007 ECU/t)
        Pour l' année 1989 la perte s' élèvera à 9 008 125 ECU ( Prix 0 :
        2 059 ECU/t)