15. 11. 89 Official Journal of the European Communities No L 329/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3409/89 of 23 October 1989 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in Morocco, Tunisia or Egypt (1990) 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 Agreements between the European Economic Community of the one part and the Kingdom of Morocco ('), the Republic of Tunisia (3 and the Arab Republic of Egypt () of the other part, as supple- mented by the Additional Protocols thereto () () (), provide for the opening by the Community of Community tariff quotas for: — 39000 tonnes and 98 000 tonnes of new potatoes falling within CN code ex 0701 90 51 originating in Morocco and Egypt respectively (1 January to 31 March), : — 31 556 tonnes of tomatoes, fresh or chilled, falling within CN code ex 07020010 originating in Morocco (1 January to 28 February), — 4 524 tonnes of onions, fresh or chilled, falling within CN code ex 0703 10 11:or ex 0703 1019 originating in Egypt (1 to 15 May), — 4900 tonnes of onions -falling within CN code 0712 20 00, originating in Egypt, — 8700 tonnes of peas and immature beans of the i species Phaseolus spp.-in pod, prepared or preserved, | falling within CN codes 2004 90 50, 2005 40 00 and | 2005 59 00, originating in Morocco, and — 8250 tonnes and 4 300 tonnes of apricot pulp falling | within CN- code ex 2008 50 91, originating in Morocco and Tunisia respectively ; Whereas, however, the Cooperation Agreement with the Republic of Tunisia provides that certain prepared and- preserved sardines falling within CN codes ex 1604 1310 or ex 1604 20 50 originating in Tunisia 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 Tunisia ; whereas, since that Exchange of Letters has not yet taken place, the () OJ No L 264, 27. 9. 1978, p. 2. ) O] No L 265, 27. 9. 1978, p. 2. () OJ No L 266, 27. 9. 1978, p. 2. () OJ No L 224, 13. 8. 1988, p. 17. () OJ No L 297, 21. 10. 1987, p. 36. (9 OJ No L 297, 21. 10. 1987, p. 11. . Community arrangements which applied in 1989 should be renewed until 31 December 1990:; whereas a duty-free Community tariff quota of 100 tonnes should therefore be . opened ; Whereas, within the limits of these tariff quotas, customs duties are to be phased out over the same periods and at the same rates as provided for in Articles 75, 243 and 268 of the Act of Accession of Spain and Portugal ; whereas the quota duty applicable in 1990 is to be 54,5 % of the basic duty with respect to onions, fresh or chilled, 37,5 % of the basic duty with respect to new potatoes, dried onions, peas and immature beans of the species Phaseolus spp- in pod, prepared or preserved and apricot pulp and 35 % of the basic duty with respect to tomatoes, fresh or chilled ; Whereas the quota duty applicable in 1990 to onions. falling within CN code 0712 20 00 is to be 3,7 % until the -erga omnes quota of 12 000 tonnes at 10 % provided for in Regulation (EEC) No 3380/89 () is exhausted; whereas, if and when the latter is exhausted, a preferential duty of 6 % is to apply; Whereas, however, 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 (¥) and Council Regulation (EEC) No:2573/87 of 11 August: 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Egypt and Tunisia on the other (*) provide that Portugal shall defer until 31 December 1990 the application of preferential arrangements for fruit and vegetable products covered by Regulation (EEC) No 1035/72 ("), as last amended by Regulation (EEC) No 1119/89 (') ; whereas the provisions of this Regulation concerning the tariff quotas laid down for the products covered by that Regulation therefore apply only to the Community  excluding Portugal; whereas the Community tariff quotas in question should therefore be opened for 1990 ; Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quotas should be applied () OJ No L 326, 11. 11. 1989, p. 2. () OJ No L 287, 20. 10. 1988, p. 1. () OJ No L 250, 1. 9. 1987, p. 1. (% OJ No L 118, 20. 5. 1972, p. 1. (") OJ No L 118, 29. 4. 1989, p. 12.