CELEX: 51983PC0614
Language: en
Date: 1983-10-20
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 (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 614
Vol. 1983/0226
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM( 83) 614 f i n a l
                                                                B r u s s e l s , 20 October 1983
                                        Proposal f o r a
                                  COUNCIL REGULATION (EEC)
    openi ng, a l l o c a t i n g and provi di ng for t he a d mi n i s t r a t i o n of
     Community t a r i f f quotas f or prepared or pres erve d s a r d i n e s
      f a l l i n g wi t hi n subheading 16. 04 D of the Common Customs
                     T a r i f f and o r i g i n a t i n g in Morocco (1984)
                   (submi tted t o t he Council by the Commission)
 COM(83) 614 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 1984.
   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 generally 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 State the percentage thus obtained to the volume of the first
   instalment.
 ---pagebreak---                            -1-
IMPORTATION OF PREPARED AND CONSERVED SARDINES
               ORIGINATING IN MOROCCO
  M em ber            (in tonnes)
  S ta te s
            1978      1979        1980   1981   1982
  BX        1 335     1 190       1 310    892  1 210
  DK          105        3           4      29    41
  D         1 626    2 022        1 335  1 576  1 371
 GR          578        196          0     375    60
 F          6 603    7 100        8 020  7 417  7 613
 IRL          42         5           1       0     0
 IT           88        33          38     109     5
 UK         1 531    3 173        2 971  3 527  1 478
 C.E.       11 908   13 722       13 679 13 925 11 778
 ---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 (1 9 8 4 )
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:
                                                                           Member Slates                      1980      1981      1982
Whereas the Cooperation Agreement between the
Community and Morocco ('), supplemented by Council                                                  8-67      9-58       6-41   10.27
                                                                  Benelux
Regulation (EEC) No 3511/81 of 3 December 1981                                                                                    0.35
                                                                  Denmark                           0-02      0-03      .0-21
laying down the arrangements applicable to trade                                                                                11.64
                                                                  Germany                          14-73       9-76     11-31
between Greece and Morocco (2), provides that prepared                                                                            0.51
                                                                  Greece                            1-43       0-00      2-69
and preserved sardines falling within subheading 16.04 D
                                                                   France                          51-74     58-63      53-28   64 .64
of the Common Customs Tariff ^nd originating in
Morocco, may be imported into the Community free of                Ireland                          0-04       0-01      0-00     0.00
duty; whereas the detailed arrangements must be fixed by           Italy                            0-24       0-27      0-78     0.04
an exchange of letters between the Community and                   United Kingdom                  23-13     21-72      25-32    12.55
 Morocco; whereas, since this exchange of letters has not
yet taken place, it is advisable to renew until 31 December
 1984 the Community arrangements which were applied                Whereas, in view of these factors and of the estimates
 in 1983; whereas it is advisable to open two Community            submitted by certain Member States initial shares may be
 tariff quotas for importations into the Community of the          fixed approximately at the following percentages:
 products in question, one duty-free tariff quota of 14 000
 tonnes and the other of 6 000 tonnes at a rate of duty of
  10%; whereas these tariff quotas are to apply from                       Benelux                                 8 .7
 1 January 198 4 until eithei the conclusion of the                        Denmark                                 0 .2
 exchange of letters provided for in Article 19 of the                     Germany                               10.9
 Cooperation Agreement between the Community and                           Greece                                  1 .1
 Morocco, or until such time as Community arrangements                                                           58.3
                                                                           France
 for imports of the products in question are applied but                                                           0 .1
 until 31 December 1984 at the latest;                                     Ireland
                                                                           Italy                                   0.4
                                                                           United Kingdom                      '20.3
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
                                                                    Whereas, in order to take into account import trends for
 to the abovementioned quotas and uninterrupted
                                                                   the products concerned in the various Member States,
  application of the rates laid down for these quotas to all
                                                                    each quota should be divided into two instalments, the
  imports of the products concerned into all Member States
                                                                    first being shared among the Member States and the
  until the quotas have been used up; whereas, having
                                                                    second constituting a reserve to cover at a later date the
  regard to the principles mentioned above, the
                                                                    requirements of the Member States which have used up
  Community nature of the quotas can be respected by
                                                                    their initial quota shares; whereas, in order to give
  allocating the Community tariff quotas among the
                                                                    importers in each Member State a certain degree of
  Member States; whereas, in order to reflect as ac. jrately
                                                                    security, the first instalment of the Community quotas
  as possible the true trend of the market in the products in
                                                                    should, under the circumstances, be fixed at 70%
  question, such allocation should be in proportion to the
                                                                    respectively of the quota volumes;
  requirements of the Member States, calculated by
  (') OJ No L 264, 27. 9. 1978, p. 2.                               Whereas, the Member States’ initial shares may be used up
  (■) OJ No l. 358, 3. 12. 1981, p. 1.                              at different times; whereas, in order to take this fact into
 ---pagebreak---                                                               -2 -
  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              2.     A first instalment of each quota shall be shared
  thereof;                                                           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                                  850           566
                                                                    Denmark                                     20            10
  Whereas, since the Kingdom of Belgium, the Kingdom of             Germany                              1 070             458
  the Netherlands and the Grand Duchy of Luxembourg                                                          110             46
                                                                    Greece
  are united within and jointly represented by the Benelux                                               5 710
                                                                    France                                             2 448
  Economic Union, any operation relating to the
  administration of the quota shares allocated to that              Ireland                                     10              4
                                                                    Italy                                      40             16
  economic union may be carried out by any of its
  members,                                                          United Kingdom                       1 990             852
                                                                                                         9 800         4 200
 HAS ADOPTED THIS REGULATION:
                                                                    3.     The second instalment ofeach quota, i.e. 4 20 0 and
                                                                    1 800 tonnes respectively, shall constitute corresponding
                             Article 1                              reserves.
 1.     From 1 January 198 4 until the conclusion of the
 exchange of letters referred to in Article 19 of the                                          Article 3
Cooperation Agreement between, the Community and
Morocco, until such time as Community imporr
arrangements are applied or until 31 December 198 4,                1.     If 90 % or more of a Member State’s initial share as
whichever shall be the earliest, a duty-free Community             specified in Article 2 (2), or 90 % of that share minus the
tariff quota of 14 000 tonnes shall be opened, for imports         portion returned to the corresponding reserve where
into the Community of prepared or preserved sardines               Article 5 has been applied, has been used up, then, to the
falling within subheading 16.04 D of the Common                    extent permitted by the amount of the reserve, that
Customs Tariff and originating in Morocco.                         Member State shall forthwith, by notifying the
                                                                   Commission, draw a second share equal to 10% of its
                                                                   initial share, rounded up where necessary to the next
2.     From 1 January 198 4Until either the conclusion of          unit.
the exchange of letters referred to in Article 19 of the
Cooperation Agreement between the Community and
Morocco, or until such time as Community import                    2.      If, after one of its initial shares has been used up,
arrangements are applied but until 31 December 1984 at             90 % or more of the second share drawn by a Member
the latest, a Community tariff quota of 6 000 tonnes at a          State has been used up, then that Member State shall, in
duty rate of 1 0% shall be opened, for imports into the            accordance with the conditions laid down in paragraph 1,
Community, of prepared or preserved sardines falling               draw a third share equal to 5% of its initial share,
within subheading 16.04 D of the Common Customs                    rounded up where necessary to the next unit.
Tariff and originating in Morocco.
                                                                   3.     If, after its second share has been used up, 90% or
3.     Within the limits of these tariff quotas, Greece shall      more of the third share drawn by a Member State has been
apply duties calculated in accordance with the relevant            used up, that Member State shall, in accordance with the
 ---pagebreak---                                                               -3-
conditions laid down in paragraph 1, draw a fourth share          quantities have been returned thereto pursuant to Article
equal to the third.                                               5.
This process shall continue until the reserve is used up.         It shall ensure that the drawing which exhausts any
                                                                  reserve does not exceed the balance available and, to this
4.     By way of derogation from paragraphs 1 ,2 and 3, a         end, shall notify the amount of that balance to the
Member State may draw shares smaller than those fixed             Member State making the last drawing.
in those paragraphs if there is reason to believe that they
might not be used up. It shall inform the Commission of
its reasons for applying this paragraph.                                                   Article 7
                                                                  1.     The Member States shall take all measures
                            Article 4                             necessary to ensure that additional shares drawn
                                                                  pursuant to Article 3 are opened in such a way that
Each of the additional shares drawn pursuant to Article 3         imports may be charged without interruption against
shall he valid until the end of the period laid down in           their accumulated shares of the tariff quota.
Article 1.
                                                                  2.     The Member States shall ensure that importers of
                                                                  the products in question                             have
                            Article 5                             free access to the shares allocated to them.
The Member States shall return to the reserve, not later          3. The extent to which a Member State has used up its
than 1 October 198 4_ such unused portion of their initial        shares shall be determined on the basis of the imports of
share as, on 15 September 198 \ is in excess of 20% of            the products concerned originating in Morocco and
the initial volume. They may return a larger quantity if          entered with customs authorities for free circulation.
there are grounds for believing that this quantity may not
be used.
                                                                                           Article 8
The Member States shall notify the Commission, not later
than 1 October 1 9 8 ^ of the total quantities of the             At the Commission’s request, the Member States shall
products in question imported up to 15 September 1984             inform it of imports of the products concerned actually
 and charged against the tariff quota and of any quantity         charged against their shares.
of the initial shares returned to the reserve.
                                                                                            Article 9
                            Article 6
                                                                   The Member States and the Commission shall cooperate
 The Commission shall keep an account of the shares                closely to ensure that this Regulation is complied with.
 opened by the Member States pursuant to Articles 2 and 3
 and, as soon as it is notified, shall inform each State of the
 extent to which the reserves have been used up.                                           Article 10
 It shall inform the Member States, not later than                 This Regulation shall enter into force on 1 January
 5 October 198.4, Qf the amount in each reserve after              1984.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                   For the Council
                                                                                     The President