CELEX: 51992PC0090
Language: en
Date: 1992-03-13
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, for the period from 1 March to 30 April 1992

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                C0M(92) 90 final
                                                Brussels, 13 March 1992
                                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, for the period
                        from 1 March to 30 April 1992
                        (presented by the Commission)
mm
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1.  Article 4 of Protocol No 1 to the Agreement between the EEC and
    Morocco on relations in the sea-fisheries sector states that
    prepared or preserved sardines, of CN-codes ex1604 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).
2.  With this Agreement expiring on 29 February 1992, and in order to
    avoid interrupting the supply to the Community market, the
    Community, by Decision .../92, adopted the Agreement  in the form of
    an exchange of letters on the interim prolongation until 30 April
    1992 of the Agreement between the EEC and Morocco on relations in
    the sea-fisheries sector. The provision of this  Decision    introduce
    the opening of a tariff quota for the period from 1 March to 30
    April 1992, with the same volume and principles of regular flow as
    provided for under the abovementioned Agreement, while,
    nonetheless, deducting the quantities imported duty-free under
    Council Regulation (EEC) n* 3732/91 of 12 December 1991< 1 ), viz.
    4 083 tonnes.
3.  Hence, it is proposed that a quota be opened, with a volume of
    3 500 tonnes, of which only 2 042 tonnes may be discharged to the
    Community market before 1 April 1992.
    Within the limits of this tariff quota, Spain and Portugal shall
    apply the customs duties which are calculated in accordance with
    the provisions of Council Regulation (EEC) No. 3189/88 of 14
    October 1988, laying down the arrangements for trade between Spain
    and Portugal, on the one hand, and Morocco, on the other.
(1) O.J. L 352 of 21.12.1991, p. 1
 ---pagebreak---                                                                        3
4.   It is proposed that the total volume of the products subject to
     this tariff quota should form a Community reserve to which all
     Member States will have access according to the procedure laid down
     in Article 4 of the proposed Regulation.
     This is the purpose of the attached proposal.
Annex-. Proposal for a Regulation.
 ---pagebreak---                                                         rrofjosai   Tor  ^                               |i
                                          COUNCIL REGULATION (EEC) No                  /9£                '
                                                          o
                         opening, allocating and providing for the administration of a Community tariff
                        quota for prepared or preserved sardines, originating in Morocco, for the period
                                               l March            to 30 A p r i l 1992
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Article
   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 codes ex 1604 13 10 or ex 1604 20 50 and originating
   in Morocco shall be imported duty-free into the Commu-
   nity 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
 3 5 % of the totf-l volume of the quota in t h e f i r s t         quarter
 o f t h e y e a r ; whereas a t the end o f these p e r i o d , the unused q u a n t i t i e s
 of the products i n question should automatically be transferred t o the
 q u a n t i t i e s provided f o r the second q u a r t e r ;
                                                was
    Whereas the said Agreement on fisheries         due to expire
    at the end of February 1992 and wherezs, pursuant to
    Article 12 of the Agreement, the Contracting Farrier- have
    begun negotiations with a view to the possible conclusion
    of a new agreement;
      whereas, pending the conclusion of these negociations, an initial
  quota was opened, under Council Regulation (EEC) n" 3732/91 of 12
  December             1991 ( 2 ) , to cover the period from 1 January to 29 February
   1992,           for a quantity of the abovementioned products which amounts to
   4 083 tonnes, calculated "pro rata temporis"-,
  (') OJ No L 99, 16. 4. 1988, p. 49.
(2) O.J. n- L 352 of 21.12.1991. p. 1
 ---pagebreak--- whereas, in order to avoid hindering the progres s of the said negociations,                                             P
which are not yet at the final stage and, also, to avoid interrupting the
supply of the goods in question to the Community market, the Community,
by Decision —/92,^adopted the Agreement in the form of an exchange of letters
on the interim prolongation until 30 April 1992 of th'e Agreement between the
EEC and Morocco on relations in the sea-fisherie s sector; that the provisions
of this Decision introduce the opening of a seco nd Community tariff quota for
the period from 1 March to 30 April 1992, with t he principles of regular flow and
the volume as established by the principles laid down the abovementioned Agreement,
but taking account of the quantities covered by the initial quota; whereas, as a
result, the quota-volume to be opened amounts to 3 500 tonnes (net weight), of
which only 2 042 tonnes may be discharged to the Community market before 1 April
1992.
           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 19»8 laying down the arrange-
             ments to be applied by Spain and Portugal to trade with
             Morocco (2.J;
           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, it is appropriate to take the necessary measures
          to ensure efficient Community administration of this
          tariff quota while offering the Member States the opportu-
          nity to draw from the quota volume the necessary quanti-
          ties corresponding to actual imports; whereas this
          method of administration required close cooperation
          between the Member States and the Commission ;
           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 adminis-
           tration of the quota may be carried out by any one of its
            members,
           HAS ADOPTI.!) THIS REGULATION
                                         Article 1
           From l March t o 30 Apri I                   1992         the customs
           duty applicable to imports into the Community       J            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 :
     Order No          CN-c<xJe                                                                               Volnr.j
                                                                       Description                           tan<» ci
                                                                                                              (in iu.i'.
   09.?S31          :, j ^ 0 4 ) ) 10                                             iV>eC
                                       Prepared or , - , .•;*?,] WiXJincs of the        ^r/){l bil.-hatdus "? ';.r|j;
                                      Of
 ---pagebreak---             Within the limit of this tariff quota, the Kingdom of            £
            Spain and the Portuguese Republic shall apply customs
            duties calculated in accordance with Regulation (EEC)
            N o 3189/88.
                           Article 2
The tariff quota amounts indicated in article 1, which represent
the quantities likely to be introduced into the Community market
until 31 March 1992 shall be 2 042 tonnes.
Any unused quantities at this date shall be transferred automati-
cally to the volume provided for the month of April 1992.
                                  Article
           The tariff quotas referred to in Article 1 shall be managed
           by the Commission, which may take any appropriate
           administrative measures to ensure that they are managed
           efficiently.
                                   Article
               If an importer presents in a Member State a declaration of
               entry into free circulation including a request for prefe-
               rential benefit for a product covered by this Regulation
               and if this declaration is accepted by the customs authori-
               ties, the Member State concerned shall draw, from the
                tariff quota, by means of notification to the Commission,
                a quantity corresponding to these needs.
               The requests for drawing, with the indication of the date
               of acceptance of the said declaration, must be com muni
               cated 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 the tariff quota.
                If the quantities requested are greater than the available
                balance of the quota, allocation shall be made on a pro
                rata basis with respect to the requests. Member States shall
                be informed by the Commission of the drawings made.
 ---pagebreak---                                                                                           •?
                                               Article       £
                           Each Member State shall ensure that importers of the
                           products concerned have free access to the quotas for
                           such time as the residual balance of the quotas so permits.
                                                    Arttclt   $
                           Member States and the Commission shall cooperate
                          closely to ensure that this Regulation is complied with.
                                                    Article 4>
                          This Regulation shall enter into force on     1 March      1992
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
D o n e at Brussels,
                                                            For the Council
 ---pagebreak--- FINANCIAL RECORD                                                       2
1.  Budget line concerned : Chap. 12 Art. 120
2.  Legal basis : Art. 113 of the Treaty
    Title of the tariff measure concerned : ProposaI for a Counc iI
    Regulation (EEC) opening and providing for the administration of a
    Community tariff quota for prepared or preserved sardines,
    originating in Morocco, for the period from 1 March to 30 April
    1992
4.  Oblect ive : To ensure an adequate supply under favourable
    conditions for Community user-industries
5.  Method of calculation
    CCT heading                  ex 1604 13 10 and ex 1604 20 50
    Volume of the quota          3 500  T
    Duty to be applied           0 %
    Normal CCT duty              25 %
6.  Duty-IOSS :
    Loss of revenue for the period 1 March to 30 April 1992 stands at
    I 780 625 ECU
    (Price 0 : 2 035 ECU/T).
    In 1991 (for 12 months), the loss stood at 8 316 875 ECU
    (Price 0 : 1 901 ECU/T).
 ---pagebreak---                                                                       ISSN 0254-1475
                                                                COM (92) 90 final
                                                       DOCUMENTS
EN                                                                          03 02
                                  Catalogue number: CB-CO-92-101-EN-C
                                                              ISBN 92-77-41872-9
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