COUNCIL REGULATION (EC) No 2905/94 of 23 November 1994 establishing detailed rules for the application of the trade monitoring system for certain fishery products coming from Norway
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland, Norway and Sweden, and in particular Article 53 (3) thereof,
Having regard to the proposal from the Commission,
Whereas, in order to apply the trade monitoring system provided for by the Act of Accession for consignments from Norway to the Community of certain products covered by Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), reference quantities must be defined for the purpose of calculating indicative ceilings; whereas the annual indicative ceilings must be adjusted at a rate of increase reflecting the growth of the trade concerned; whereas it is approriate, given the seasonal fluctuations in quantity of the consignments in question, to provide for quarterly indicative ceilings;
Whereas, for the monitoring system to be implemented, the Norwegian authorities will have to adopt provisions for, in particular, statistical monitoring of the consignments concerned; whereas these provisions should be notified to the Commission;
Whereas the quantities sent to the other Member States from Norway must be communicated to the Commission weekly so that appropriate measures may be taken without delay in cases where the circumstances justify such measures;
Whereas it is the responsibility of the Member States to carry out the appropriate inspections in order to verify that the products concerned have been sent in accordance with the provisions of this Regulation;
Whereas procedures should be established for taking the measures provided for in Article 53 (2) of the Act of Accession and arrangements should be made for the application of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation establishes detailed rules for applying the trade monitoring system applicable from 1 January 1995 to 31 December 1998 in respect of consignments from Norway to the other Member States of certain fishery products listed in the Annex to this Regulation and covered by Regulation (EEC) No 3759/92, as provided for in Article 53 of the Act of Accession of Austria, Finland, Norway and Sweden, hereinafter referred to as the Act of Accession.
Article 2
1. For each of the fishery products subject to the monitoring system, an indicative ceiling shall be set by product or group of products covered by the CN codes listed in Article 1 of Regulation (EEC) No 3759/92. It shall be set for each year of application of the mechanism on the basis of the total volume of imports of the said products from Norway recorded during 1994, hereinafter referred to as 'the reference year', adjusted by an annual rate of increase.
For 1995, the import volume during the reference year shall be calculated on the basis of an estimate and adjusted as necessary when the actual import volume is confirmed.
2. The annual rate of increase referred to in paragraph 1 shall be obtained by taking the arithmetical average of the rate of growth of imports of the products concerned from Norway during the reference year and the two years preceding it, but shall not be lower than 6 %.
3. The indicative annual ceiling determined pursuant to paragraphs 1 and 2 shall be broken down into quarterly indicative ceilings on the basis of the average quarterly fluctuations in import volume noted for the products concerned during the reference year and the two years preceding it.
4. The indicative ceilings established pursuant to this Article are indicated in the Annex to this Regulation for each year of application of the mechanism.
Article 3
1. Consignments to other Member States of products subject to the monitoring system shall be the subject of statistical monitoring organized by the Norwegian authorities which shall, in particular, make it compulsory for operators to declare their consignments of the products concerned, and require that an identification stamp certifying the registration of the consignment for statistical monitoring purposes be attached to bills of sale and other commercial documents accompanying the consignment.
2. Before the date of application of this Regulation, the Norwegian authorities shall submit for Commission approval the provisions they have adopted for the statistical monitoring referred to in paragraph 1, and a specimen of the identification stamp. The Commission shall publish this specimen in the C series of the Official Journal of the European Communities.
Article 4
1. The Norwegian authorities shall communicate to the Commission the quantities consigned for each product concerned. The quantities for each week shall be communicated not later than the last working day of the following week.
2. Where Article 53 (2) of the Act of Accession applies, the appropriate measures shall be adopted in accordance with the procedure provided for in Article 22 (6) of Regulation (EEC) No 3759/92.
Article 5
The authorities of the Member States other than Norway shall carry out, in particular in marketing centres, on-the-spot checks to verify that the commercial documents accompanying the products subject to the trade monitoring system are endorsed as laid down in Article 3 (1).
Article 6
The Norwegian authorities shall adopt the measures necessary to ensure compliance with this Regulation.
Article 7
Without prejudice to the procedure provided for in Article 4 (2), the provisions necessary for the application of this Regulation shall be adopted according to the procedure provided for in Article 32 of Regulation (EEC) No 3759/92, including any adjustments to be made to the indicative ceilings provided for in Article 2.
Article 8
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1995 to 31 December 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 1994.