CELEX: 51991PC0342
Language: en
Date: 1991-09-19
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 ( 1992 )

H$      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   C0M(91)342  final
  Iftï*
                                                   Brussels, 19 September 1991
 Bfc£
                                     Proposal for a
                                COUNCIL REGUIATIQN (EEC)
             opening and providing for the administration of a Community
Mm
                   tariff quota for prepared or preserved sardines,
                            originating in Morocco (1992)
fittfc^-
                             (presented by the Commission)
 ---pagebreak---                                   -I-
                         EXPLANATORY MEMORANDUM
1.  Article 4 of Protocol No 1 to the Agreement between the EEC and
    Morocco on relations in the sea fishery sector states that prepared
    or preserved sardines falling within CN code 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).
    Within the limits of this tariff quota, Spain and Portugal apply
    customs duties calculated in accordance with 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. This tariff quota should therefore be opened for 1992.
2.  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.
    These quantities may not exceed 35% in the first quarter of the
    year.
3.  It is proposed that the whole 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---                                                                            -1-
                                                          Proposal for a
                                          COUNCIL REGULATION (EEC) No .               '91
                                                         of
                   opening               and providing for the administration of a Community tariff quota for
                                   prepared or preserved sardines, originating in Morocco (1992)
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 periods, the unused quantities
of the products in question should automatically be transferred
to the quantities provided for, respectably, the second half
and third 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 (2);
 whereas the Community tariff quota in question should
 therefore be opened for 1992;
 Whereas equal and continuous access to the quota should be
 ensured for all Community importer* and the rate laid down
 for the quoca 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 basis, so that Member States have the notion
 of drawing the necessary quantities œrresponding to
 actual imports recorded, from the quota volumes;
 whereas this method of administration calls for 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 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,
  (') OJ No L 99, 16. 4. 1988, p. 49.
  (2) OJ No L 287, 20. 10. 1988, p. 1.
 ---pagebreak---                                                                                    -4-
                                Article 1
From 1 January to 31 December 1992 the 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    Rate of
                      CNcode                                      Description                          tariff quotas  duty
     Order No
                                                                                                         (tonnes)     (%)
 09.1101           ex 1604 13 10       Prepared or preserved sardines of the type Sardina pilchardus      17 500
                                                                                                      (net weight)
                   ex 1604 20 50
 (') Taric codes: 1604 13 1 0 M 0
                  1604 20 50*11
  Within the limits of this tariff quota, the Kingdom of
 Spain and the Portuguese Republic shall apply customs
 duties calculated in accordance with Regulation (EEC)
  No 3189/88.
                                             article 2
                 The t a r i f f quota amounts indicated in article 1 , which represent
the quantities likely to be introduced into the Gomnunity market during the f i r s t
                 and second quarters of 1992shall be, respectively, 6 125 and 4 375 tonnes.
                 The said quantities relative to the f i r s t and second quarters which remain
                 unused at 31 ftereh and 3D June/will automatically be transferred                   J~7932
                 to the amounts opened for the second quarter and second half,
                 respectively, of the year in question.
                                Article %
The tariff quota referred to in Article 1 shall be
 administered by the Commission, which may take any
 appropriate measure with a view to ensuring the efficient
 administration thereof.
                                Article if.
 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 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
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.
 ---pagebreak---                                                                      -T
                                                                                          Article  Ç
                                                                Each Member State shall ensure that importers of the
                                                                product concerned have equal and continuous access to
                                                                the quota for such time as the residual balance of the
                                                                quota volume so permits.
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.                                Article 6
                                                                The Member States and the Commission shall cooperate
If the quantities requested are greater than the available      closely to ensure that this Regulation is complied with.
balance of the tariff quota, allocation shall be made on a
pro rata basis with respect to the requests. Member States                                Article £
shall be informed by the Commission of the drawings
made.                                                           This Regulation shall enter into force on 1 January 1992
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 Sûtes.
                 Done at Brussels,
                                                                            For the Council
                                                                             The President
 ---pagebreak---                                        -6    -
FICHE FINANCIERE
1.   Llone budgétaire concernée : Chap. 12, art. 120
2.   Base Juridique : 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 (1992).
4.   Oblectif : Exécution d'une obligation contractuelle (Accord
                  poche CEE/Maroc)
5.   Mode de calcul :
Codes N.C.                 ex 1604 13 10 et ex 1604 20 50
VoIurne du con t i ngen t  17 500 t
Droit à appliquer          0 X
Droit du T.D.C.            25 %
6.   Perte de recettes :
La perte de recettes à inscrire pour 1992 s'élève à 8.905.578 ECU
(Prix 0 : 2.002 ECU/t et 2.463 ECU/t).
En 1991 une perte de 8.387.959 ECU a été inscrite
(Prix 0 : 1.901 ECU/t).
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 342 final
                                                      DOCUMENTS
EN                                                                              02
                                 Catalogue number : CB-CO-91-395-EN-C
                                                             ISBN 92-77-75707-8
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