CELEX: 51989PC0357
Language: en
Date: 1989-07-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CERTAIN KINDS OF PREPARED AND PRESERVED TUNAS COMING FROM PORTUGAL ( 1990 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    C0M(89) 357 final
                                                     Brussels/ 14  July 1989
                             Proposal for a
 opening and providing for the administration of a Community tariff quota
             for certain kinds of prepared and preserved tunas
                        coming from Portugal (1990)
                       (presented by the Commission)
 ---pagebreak---                                                          EXPLANATORY MTMORANDLM
                  1. ArticLe 362 of the Act concerning the conditions of accession of the
                      KuvfJon of Spain and the Portuguese Republic and the adjust/nents t o the
                      Treaties provides that the following products fron Portugal ray be
                      imported annually i n t o the Coiti;unity as c o n s t i t u t e d on 31 Decemoer 1985,
                      free of Cormon Customs Tariff d u t i e s up t o the U n i t s indicated below :
                      Combined                      Description                                    Quantities
                      h
                        l>ienclature                                                                (tonnes)
                      code
                            16.04                    Prepared or preserved fish ;
                                                    caviar and caviar s u b s t i t u t e s
                                                    prepared fron fish eggs :
                      ex 1604.13-10                  - sardines on the species                      ) 5 000
                      ex 1604.20-50                     "Sardina pilchardus"
                            1604.14-10               - tunas and skipjack
                            1604.19-30               - fish of the genus "Euthynnus",               ) 1 000
                                                        other than skipjack
                            1604.20-70               - tunas, skipjack and other
                                                        fish of the genus "Futhynnus"
                            1604.15-10               - ittackerel of the species
                                                        " Scomber scornbrus" and
                                                        "Scomber japonicus)
                            1604.19-50               - fish of t h e species                        ) 1 000
                                                        "Orcynopsis unicolor"
                       ex 1604.20-50                 - rackerel of the species
                                                        "Scomber sconbrus" and
                                                        "Scomber japonicus" and
                                                        fish of the sj^ecies
                                                        "Orcynopsis unicolor H
           2      Whereas, by virtue of Regulations (EEC) No3482/88            33v/oo
                  and (EEC) N o . . . J89 , the custom duties applicable on
                 I import into the Community, excluding Spain, of certain L-
   . x ~          sardines of the species Sardina pilchardus, and mackerel of the species "Scomber scambrus" and "Scomber japo-
from Portugal °tf suspended; JWiereas, therefore, the Community tariff J                 I nicus and fish of the species Orcynopsis
                 Iquota for the sardines!in
                                       v
                                            question  should not  be opened in                                               Urirolor
                  199Q                  "                                                      —                                    /
                        As regards the method of a d m i n i s t r a t i o n
                      t o be a p p l i e d by aU. Member S t a t e s , i t i s proposed t h a t t h e e n t i r e
                     quota volume be h e l d a s a Oanrnunity r e s e r v e t o which a l l Mentoer S t a t e s
                     w i l l have a c c e s s i n accordance w i t h t n e procedure provided for i n
                     Article          3   of t h e p r o p o s a l for a R e g u l a t i o n .
                     This i s t h e purpose of t h e a t t a c h e d p r o p o s a l .
 ---pagebreak---                                                       Proposal for a
                                             COUNCIL REGULATION (EEC)
                 opening                  and providing for the administration orCommunity tariff quota for
                              certain kinds of prepared or preserved^—-^coming from Portugal ( 1990 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the European
 Economic Community,
 Having regard to the Act of Accession of Spain and Portugal,
 and in particular Article 362 thereof,
 Having regard to the proposal from the Commission,
 Whereas Article 362 of the Act of Accession provides that
 during the period of progressive elimination of customs
 duties between the Community as constituted at 31
 December 1985 and Portugal, certain kinds of sardines,
 tunas, fish of the genus Euthynnus, certain kinds of
 mackerel and fish of the species Orcynopsis unicolor,
 prepared or preserved, falling within CN codes
 ex 1604 13 10, ex 1604 20 50, 1604 14 10, 1604 19 30,
  1604 20 70, 1604 15 10, 1604 19 50 and ex 1604 20 50
 and coming from Portugal, may be imported free of duty into
 the Community as constituted at 31 December 1985 within
 the limits of annual Community tariff quotas of 5 000
 tonnes, 1 000 tonnes and 1 000 tonnes respectively;
  Whereas, by virtue of Regulations (EEC) No 3*82/88 ('), (EEC) No 839/88 (2)
  and (EEC) No . . . / 8 9 i 3 , the customs out i es applicable on
  import into the Community, excluding Spain, of certain
  sardines of the species Sardine pilchardus and mackerel cf the species
 'Scomber scombrus" and "Scomber japonicus" and fish
 of the species 'X)rcynops^s unicolor", carina, from
 Portugal ft suspended;
                  whereas, therefore, the Community tariff
 quota for the sardines in question should not be opened in
 1990,
W h e n equal and continuous access to the quota should
be «mired for all Community importers and the rates
hid 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 ;
  (') OJNoL306, 11. 11. 1988, p. 1.
  (J) OJNoL87, 31.3. 1988, p. 1.
(3) 0J fo I. . . . . ,      . .19U0, P.
                                                                                                            i
 ---pagebreak---  liîereas. it
is appropriate to take the necessary measures
to ensure efficient Community adninistration
of this tariff quota while offering the
                                                                             HAS ADOPTED THIS REGULATION:
Member States the opportunity to draw f ran
the quota volume the necessary quantities
corresponding to actual imports; whereas
this method of adninistration requires                                                                 Article 1
close cooperation between the Member States
and the Commission;
                                                                             From 1 January to 31 December 1990 the customs duty on
Whereas, since the Kingdom of Belgium, the Kingdom of                        imports into the Community as constitued on 31 December 198!
the Netherlands and the Grand Duchy of Luxembourg                    for the following products from Portugal, shall be totally
are united within and jointly represented by the Benelux                     suspended within the limits of Community tariff quota as
Economic Union, any operation concerning the adminis-                        shown herewith:
tration of the quota
may be carried out by any one of its members.
          Order                                                                                                     Quantities     Quota
                       CNcode                                        Description
                                                                                                                     (tonnes)      duties
           No
                                      Prepared or preserved fish:
                                      caviar and caviar subsitutes prepared from fish eggs:
     09.0502        «X 1604 14 10     - Tunas
                                                                                                                        1000        free
                    eX 1604 20 70     — Tunas,
                              Article 2                                           If the quantities requested    are greater than the available
                                                                                 balance of the tariff quota,    allocation shall be made on a
    The tariff quota referred to in Article 1 shall be                           pro rata basis with respect    to the requests. Member States
    administered by the Commission, which may take any                            shall be informed by the       Commission of the drawings
    appropriate measure with a view to ensuring the efficient                     made.
    administration thereof.
                                                                                                             Article 4
                              Article 3
                                                                                  Each Member State shall ensure that importers
    If an importer presents, in a Member State, a declaration                     of the product concerned have equal and con-
    of entry into free circulation including a request for                        tinuous access to the quota for such time as
    preferential benefit for a product covered by this                            the residual balance of the quota volume so
    Regulation, and if this declaration is accepted by the
                                                                                  permits.
    customs authorities, the Member State concerned shall
    draw, from the tariff quota, by means of notification to                                                  Article 5
    the Commission, a quantity corresponding to these needs.
                                                                                    The Member States and the Commission shall cooperate
    The requests for drawing, with the indication of the date                       closely to ensure that this Regulation is complied with.
    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.
                                                                                                               Article 6
     If a Member State does not use the quantities drawn, it
     shall return them as soon as possible to the tariff quota.                      This Regulation shall enter into force on 1 January 19Ç0
                             This Regulation shall be binding in its entirety and directly applicable in all Member
                             States.
                             Done at Brussels,
                                                                                                            For the Council
                                                                                                             The President
                                                                                                                                                4
 ---pagebreak---                  FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec l'article 362 de l'acte d'adhésion,
l'impact découlant de cette concession a été pris en considération lors de la prise
de décision d'adoption de ce contingent et il n'aura pas un caractère sérieux sur
la compétitivité et l'emploi dans la Communauté.
                                                                                    S
 ---pagebreak--- Commission of the European Communities
COM(89) 357 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a Community tariff quota
for certain kinds of prepared and preserved tunas coming from Portugal
(1990)
(submitted to the Council by the Commission)
 14.7.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 5 pp. - Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-52072-8
Catalogue number: CB-CO-89-318-EN-C
 ---pagebreak---                                            ISSN 0254-1475
COM(89) 357 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of
a Community tariff quota for certain kinds of
prepared and preserved tunas coming from
Portugal (1990)
(submitted to the Council by the Commission)
 11     02                                14.7.1989
Catalogue number: CB-CO-89-318-EN-C
ISBN 92-77-52072-8
€
COMMISSION OF THE EUROPEAN COMMUNITIES