CELEX: 51987PC0578
Language: en
Date: 1987-12-17
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 No ex 1604 13 10 or ex 1604 20 50 of the Combined Nomenclature and originating in Morocco (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 578
Vol. 1987/0283
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(87 ) 578 final
                                                     Brussels, 17 December 1987
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of Community tariff
 quotas for prepared or preserved sardines falling within No ex 1604 13 10
      or ex 1604 20 50 of the Combined Nomenclature and originating in
                                  Morocco ( 1988 )
                                              f
                                         ^                 N,
                         ( submitted by  the Commission)
                                                   ^    ,-          -■ "“y
                                                       t?   u
C0M(87 ) 578 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1. The 1978 Agreerrent between the Corrmunity and Nbrocco supplemented by
   the Protocol thereto consequent on the accession of Spain and
   Portugal , provides that prepared and preserved sardines originating
   in Nbrocco are to be admitted duty free into the Conmunity on
   conditions that certain minimum prices are observed . The periods and
   the technical details for the application of these arrangements must
   be fixed by an exchange of letters between the contracting parties .
   Since this exchange of letters has net taken place , the Corrmunity
   has , from 1 January 1978 applied a Corrmunity tariff quota system
   which takes the interests involved into account and which enables the
   provisions of the 1978 Agreement relating to prepared and preserved
   sardines to be applied .
2. The Conmission therefore proposes that the Council extends the tariff
   quota system and , to that end , approves the attached proposal for a
   regulation opening , allocating and providing for the administration
   of Conmunity tariff quotas of 14 000 tonnes duty free and 6 000
   tonnes at a rate of duty of 10 % in respect of prepared and preserved
   sardines falling within No ex 1604 13 10 or ex 1604 20 50 of the
   Combined Nomenclature and originating in Morocco . These tariff
   quotas shall apply from 1 January to 31 December 1988 .
   fbwever , since a protocol as provided for in Articles 179 and 366 of
   the Act of Accession of Spain and Portugal does not exist , the
   Corrmunity must adopt the measures referred to in Articles 180 and
   367 of that Act . The tariff quotas in question will therefore apply
   to the Conmunity as constituted on 31 December 1985 .
   This is the purpose of the attached proposal .
3. Fran the date on which the quota is opened the nomenclature used in
   the Common Tariff will be replaced by the Combined Nomenclature based
   on the International Convention on the Harmonized Ccrrmodity
   Description and Coding System . This projoosal must take account of
   that fact by indicating the Combined Nomenclature codes and , where
   appropriate , the TARIC code numbers of the products concerned .
 ---pagebreak---                                      3
4. The Gornmission is aware that the transposition of certain tariff
   concessions from the Cannon Customs Tariff to the Combined
   Nomenclature might raise problems which need to be settled between
   the parties concerned . It may therefore amend its proposal in the
   course of the procedure in order to adapt it where necessary, to
   requirements .
5. The proposal for a regulation opening these tariff quotas provides -
   as is customary in such cases - for the quota volume to be divided
   into two parts , the first being allocated among the Member States as
   quota shares and the second being held as a reserve .
   Allocation of the volume of the first part of the quota should be
   based on the rules applied generally . These involve calculating each
   Member State 's total imports for the last three years as a preportion
   of total Community imports during the same period , and applying the
   percentage thus obtained to the volume of the first part , in order to
   establish each Member State 's share .
 ---pagebreak---                                 NOTE
The tariff quotas concerned might still be modified consequent on the
accession of Spain and Portugal and the outcome of negotiations with
the partner country for the conclusion of an additional protocol to
the Agreement in question . Pending this , the proposed regulation
enables the commitments made by the Community to be respected .
The Commission may therefore amend its proposal in the course of the
procedure .
 ---pagebreak---                                                   Proposai for
                                          COUNCIL REGULATION ( EEC )
                    opening, allocating and providing for the administration of Community tariff quotas for
                     prepared or preserved sardines falling within No ex 1604 13 10 or ex 1604 20 50 of
                    the Canbined Nomenclature and originating in Morocco ( 1988 )
 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     the     Cooperation    Agreement     between    the    _
 Community and/Klorocco (’ ), supplemented by Council _/the Kingdom of
 Regulation ( EEC ) No 3511 / 81 of 3 December 1981 laying
 down the arrangements applicable to trade between Greece
 and Morocco ! 2 ), provides that prepared_ and preserved
 sardines falling within No ex Io04 13 1u or ex 1604 20 50 of the Combined
   Nomenclature               and originating in Morocco , may
 be imported into the Community free of duty ; whereas the
 detailed arrangements must be fixed by an exchange of
 letters between the Community and Morocco ; whereas ,
 since that exchange of letters has not yet taken place,
  The Community arrangements which were applied in 1987 should
  be renewed until 31 December 1988; whereas two Corrmunity
  tariff quotas should be opened, namely
                               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
       1 January 1987 until either the conclusion of the exchange
      of letters provided for in Article 19 of the Cooperation           _
      Agreement between the Community amj/Morocco or until             _/the Kingdom of
                       Community import arrangements for the
      products in question are applied, but /until 31 December /at the latest
       1988;
      Whereas , since a Protocol as provided for in Articles 179
      and 366 of the Act of Accession of Spain and Portugal does
      not exist , the Community must adopt the measures referred
      to in Articles 180 and 367 of that Act ; whereas the tariff
      measure concerned will , therefore , apply to the
      Community as constituted on 31 December 1985;
Whereas from the date on which the quotas are opened the nomenclature used in the
Common Customs Tariff will be replaced by the Combined Nomenclature based on the
International Convention on the Harmonized Commodity Description and Coding
System; whereas this Regulation must take account of that fact by indicating the
Combined Nomenclature codes and, where appropriate, the TARIC code nuibers
of the products concerned;
( 1 ) 0J No L 264, 27.9.1978, p. 2 .
( 2) 0J No L 358, 3.12.1981 , p. 1 .
 ---pagebreak--- Whereas equal and continuous access to the quotas should be ensured for all
Conmunity importers and the rates laid down for the quotas should be applied
consistently to all imports of the products in question into all the Member States
until the quotas are exhausted; whereas, in the tight of these principles,
allocation of the tariff quota among the Member States would seem to
preserve the Community nature of the quotas; whereas in order to correspond
as closely as possible to the real trend of the market the allocation
should reflect the requirements of the Member States based on statistics of
imports of those 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 products in question from Morocco into each of the Member States were as
foUows:                                                     / /*             J
             Member States          1984      1985     198Ó
 Benelux                            635     1 039     1 012
                                      -         -        -
 Denmark
 Germany                          2 814     3 278,2 3 313
 Greece                             246       353        239
 France                           8 622     8 747     8 328
 Ireland                              70       135       108
 Italy                              229        176       146
 United Kingdom                   2 346     2 790     2 399
   Whereas in the last three years the products in question
   were imported regularly only by certain Member States and
   not at all or only occasionally by the other Member States;
   whereas, under these circumstances , in the first phase ,
   initial shares should be allocated to the genuine importing
   Member States and the other Member States should be
   guaranteed access to the benefit of the tariff quotas when
   imports actually take place in the latter; whereas these
   arrangements for allocation will equally ensure the uniform
   application of the Common Customs tariff;
    Whereas , in view of these factors and of the forecasts made
                 by certain Member States , the initial percentage shares of the
     quota volunes can be expressed approx i mete ly as follows :
            Benelux                             5,71
            Germany                            20,00
            Greece                              1,78
            France                             54,65
            Ireland                             0,67
            Italy                               1,17
            United Kingdom                     16,02
 ---pagebreak--- Whereas, to allow for the trend of imports of the products concerned in
the various Member States , each 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 those Member States which have used up
their initial share and also any requirements which may arise in the other Member
States; whereas, to afford importers in each Member State some degree of certainty,
an appropriate level for the first part of the Community quotas would, in the
present circumstances, be 67 % of each quota volume;
Whereas the initial shares of the Member States may be used up at different
rates; whereas, in order to avoid any break in the continuity of supplies
on this account , it should be provided that any Member State which has
used up one of its initial shares should draw from the relevant reserve
quantities corresponding to its actual requirements, and so on as many times
as the reserve allows; whereas this form of administration requires close
cooperation between the Member States and the Commission and the latter
must be able to monitor quota utilization rates and inform the Member States
accordingly;
 /. C’tfJ / Ve-zv'^                   j
         Whereas , if, at a given date in the quota period , a _
                    ■quantit^fremains' unused,                      /of a Member State 's initial share
         it is essential that that Member State/^should return a       /concerned
        significant proportionate) the corresponding reserve to         /thereof
      prevent part of a **         quota from remaining unused in     **Communi ty
      one Member State when it could be used in others ;
      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 relating to the
      administration of the quota shares allocated to that
      economic union may be carried out by any of its
      members ,
      HAS ADOPTED THIS REGULATION :
                                 Article 1
       1 . From 1 January 198 8 until the conclusion of the
      exchange of letters referred to in Article 19 of the
       Cooperation Agreement between the Community and the Kingdom of
       Morocco oruntil                         Community    import
       arrangements are applied ,. **          31 December 1988,         **tx/t 3t the Istest LTltil
                                        the customs duty applicable
        to     imporCinto the Community as constituted on 31 December 1985
        of the following
      products shall be suspended at the levels and within the
      limits of Community tariff quotas as       shewn below :
 ---pagebreak---              Combined                                                                  Amount of
  Order
   No        Nomenc latur                               Description                   tariff quota Sate of duty
                N°                                                                     (tonnes )        (%)
                              Prepared or preserved fish; caviar and caviar
                              substitutes prepared from fish eggs :
09.1100     ex 1604 13 1C Prepared or preserved sardines originating in Morocco             14 000          0
            ex 1604 20 5C
09.1102     ex 1604 13 1C Prepared or preserved sardines originating in Morocco              6000          10
            ex 1604 20 5C
                                    Article 2
         1 . The tariff quotas **           in Article 1 shall be divided      Preferred to
        into two      parts .
        2 . The first part of each quota shall be allocated among certain
              Member States ; the quota shares^which , subject to
        Article 5 , shall be valid until the end of the period specified
        in Article \f shall be as follows:
                                                  Order             Order
                     Member States                 No                No
                                                 09.1 ioO         0».110(j
        Benelux                                     535                230
        Germany                                 1 875                  805
        Greece                                      165                 70
        France                                  5 130               2 195
        Ireland                                      60                 30
        Italy                                      110                  50
        United Kingdom                          1 505                 640
                                                9 380              4 020
         3 . The second         part     of each quota , 4 620            and
        1 980 tonnes respectively, shall constitute/corresponding                /the
         reserves .                                                             ~
        4. If an importer gives notification of imninent imports of the products in question
      /0 tin hrt ct -rK,                       arc* applies to take advantage of the quota,-** Member
        State concerned shall inform the Commission and draw an amount corresponding to its
        retirements to the extent that the available balance of the reserve so permits.
 ---pagebreak---                Artide    3
   If a Member State has used its entire initial share as specified
in Article 2 ( 2 ), or of that share less any portion returned to the
reserve pursuant to Article 5 , the following provisions shall apply :
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 to 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 requirements from the
reserve referred to in Article 2 ( 3 ).
The drawing requests , with indication of the date of acceptance of the
said declarations , must be transmitted to the Commission without delay .
The drawings are 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 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 reserve .
If the quantities requested are greater than the available balance of the
reserve , allocation shall be made on a pro rata basis with respect to
the requests . Member States shall be informed by the Commission in
accordance with the same procedures .
                           Article 4
Each of the additional shares drawn pursuant to Article 3 shall be valid
until the end of the period specified in Article 1 .
                           Article 5
By 1 October 1988 at the latest Member States must return to the reserve
the unused portion of their initial share which , on 15 September 1988 ,
is in excess of 20 % of the initial volume . They may return a
greater portion if there is reason to believe that it might not be used .
By 1 October 1988 at the latest Member States must notify the Commission
of the total quantities of the products concerned imported on or before
15 September 1988 and charged against the Community quotas and of any
portion of their initial shares that they are returning to each of the
reserves .
                            Article 6
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 .
 ---pagebreak---                                                       \©
It shall inform the Member States not later than 5 October 1988 of the state
of each of the reserves following any return of quota shares pursuant to
Article 5 .
It shall ensure that the drawing which exhausts one of the reserves 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 .
                                        Article 7
1 . Member States shall take all appropriate measures to ensure that
additional drawings of shares pursuant to Article 3 enable imports to be
charged without interruption against their accumulated shares of the
Community tariff quotas .
2 . Member States shall ensure that importers of the products concerned
have free access to the quota shares allocated 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       _
   widj/fustoms authorities for free circulation.                  / the
                              Article 8
   At therecjjest of the Commission, Member States shall
   inform it of imports of the products concerned actually
   charged against their quota shares .
                             Article 9
   The Member States and the Commission shall cooperate
   closely to ensure that this Regulation is complied with .
                            Article 10
   This Regulation shall enter into force on 1 January 1988.
   This Regulation shall be binding in its entirety and directly applicable in all Member
   States .
   Done at Brussels ,
                                                                      For the Council
                                                                       The President
                        /
 ---pagebreak---                                         U
FICHE D ' IMPACT SUR IA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel de la Cortmunauté . 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 Cor.munauté .