COUNCIL REGULATION (EC) No 2743/95 of 27 November 1995  opening and providing for the administration of Community tariff quotas for prepared or preserved  sardines originating in Morocco (1 May to 31 December 1995)
THE COUNCIL OF THE  EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement on relations in the sea fisheries sector between the European Economic  Community and the Kingdom of Morocco  (1) expired on 30 April 1995; whereas accordingly the special  trade arrangements laying down the conditions for access to the Community market of prepared or  preserved sardines originating in Morocco no longer apply from that date on;
Whereas under the Cooperation Agreement between the European Economic Community and the Kingdom of  Morocco  (2) prepared or preserved sardines of the species sardina pilchardus falling within CN  headings ex 1604  13  11, ex  1604  13  19 and ex  1604  20  50 and originating in Morocco may be  imported into the Community free of customs duty under certain conditions; whereas since the  details of these arrangements have not yet been laid down, two tariff quotas should be opened, one  of 14  000 tonnes free of duty and one of 6  000 tonnes at a rate of duty of 10  %; whereas the  quantity imported during the first four months of 1995 under the special trade arrangements laid  down in the fisheries agreement should be deducted from these quotas; whereas accordingly a first  quota of 8  750 tonnes free of duty and a second quota of 3  750 tonnes at a rate of duty of 10  %  should be opened,
Between 1 May 1995 and 31 December 1995 customs duties on the import  into the Community of the products listed below and originating in Morocco shall be suspended or  reduced to the levels shown, subject to the relevant Community tariff quotas:
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Imports of the products listed above during November and December 1995 may be counted against the  tariff quotas concerned only up to a maximum quantity of 5  150 tonnes.
The tariff quotas referred to in Article 1 shall be managed by the Commission, which  may take all administrative measures required to ensure effective management.
If an importer submits in a Member State an entry for free circulation which includes an  application for preferential treatment for the products covered by this Regulation and if that  entry is accepted by the customs authorities, the Member State concerned shall, by notifying the  Commission, draw from the tariff quotas a quantity corresponding to his needs.
Applications to draw quantities, stating the date of acceptance of that entry, shall be sent to the  Commission without delay.
Drawing shall be accepted by the Commission, to the extent that the balance available permits, on  the basis of the date of acceptance by the customs authorities of the Member State concerned of the  entry for free circulation.
If a Member State does not make use of the quantities drawn, it shall return the tariff volumes as  soon as possible.
If the quantities requested exceed the balance of the quota volumes available, allocation shall be  made pro rata to applications. The Commission shall inform the Member States of the drawings made.
Each Member State shall guarantee to importers of the products in question equal and  continuous access to the tariff quotas for as long as the balance of quota volumes allows.
The Member States and the Commission shall cooperate closely to ensure compliance with this  Regulation.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
It shall apply from 1 May 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.