Council Regulation (EEC) No 727/90 of 22 March 1990 opening and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin and originating in Morocco (1990/91)

COUNCIL  REGULATION (EEC) No 727/90
of 22 March 1990
opening and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin and originating in Morocco (1990/91)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to Treaty establishing in European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission.
Whereas Article 21 of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (1) stipulates that certain wines having a registered designation of origin, falling within CN codes ex 2204 21 25, ex 2204 21 29, ex 2204 21 35 and ex 2204 21 39 and originating in Morocco, specified in the Agreement in the form of an exchange of letters of 12 March 1977 (2), shall be imported into the Community free of customs duties within the limits of an annual Community tariffa quota of 50 000 hectolitres;
Whereas by virtue of the provisions of a common declaration of the Contracting Parties forming an integral part of the said Agreement the accounting of the quantities of the products in question must begin on 1 January each year; whereas to keep this arrangement it is fitting to open the quota in question for the period 1 November 1989 to 31 December 1990 with the consequence that the quota, by applying the pro rata clause, must be fixed at 75 000 hectolitres;
Whereas these wines must be put in containers holding two litres or less; whereas these wines must be accompaanied either by a certificate of designation of origin in accordance with the model given in Annex D to the Agreement or, by way of derogation, by a document VI 1 or VI 2 extract annotated in compliance with Article 9 of Regulation (EEC) No 3590/85 (3), as last amended by Commission Regulation (EEC) No 2039/88 (4);
Whereas Council Regulation (EEC) No 3189/88 of 14 October 1988 laying down the aggrangements to be applied by Spain and Portugal to trade with Morocco and Syria (5), provides that the Kingdom of Spain shall apply a duty progressively reduging the gap between the rate of the basic duty and that of the preferential duty, whilst the Portuguese Republic is to defer application of the preferential arrangements for the products in question until 31 December 1990; whereas this Regulation shall not apply to Portugal, up to and including 31 December 1990, while, from 1 January 1991, it shall apply in the Community as constituted at present; whereas, within the limits of this quota, the Portuguese Republic shall apply, from 1 January 1991, the customs duties calculated in accordance with Regulation (EEC) No 3189/88;
Whereas the wines in question are subject to compliance with the free-at-frontier reference price; whereas, in order that such wine may benefit from this tariff quota, Article 54 of Regulation (EEC) No 822/87 (5), as last amended by Regulation (EEC) No 1236/89 (6), must be complied with;
Whereas equal and continuous access of the quota should be ensured for all Community importers and the rates laid down for the quopta 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 not to provide for allocation among Member States, without prejudice to the drawing, on the tariff quota, of such quantities as they may need, under conditions and according to the procedure in Article 3; whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the tariff quota is used and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are untied within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of the quota may be carried out by any of its members,