1992R3759 — EN — 01.01.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 3759/92
of 17 December 1992
on the common organization of the market in fishery and aquaculture products
(OJ L 388, 31.12.1992, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EEC) No 697/93 of 17 March 1993 L 76 12 30.3.1993
►M2 Council Regulation (EEC) No 1891/93 of 12 July 1993 L 172 1 15.7.1993
►M3 Council Regulation (EC) No 3318/94 of 22 December 1994 L 350 15 31.12.1994
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COUNCIL REGULATION (EEC)No 3759/92
of 17 December 1992
on the common organization of the market in fishery and aquacul-
ture products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the basic provisions concerning the organization of the market
in fishery products must be revised to take account of market develop-ments, changes in recent years in fishing activities and the shortcomingsdetected in the implementation of the rules currently in force; whereasby reason of the number and complexity of the amendments to be made,these provisions, unless they are completely redrafted, will lack theclarity essential for any rules; whereas Council Regulation (EEC) No3687/91 of 28 November 1991 on the common organization of themarketin fishery product s (
3) for reasons of clarity and rationality,
consolidated the provisions in force without affecting the substance ofthe texts; whereas Regulation (EEC) No 3687/91 should therefore bereplaced;
Whereas the common agricultural policy must include, in particular, a
common organization of agricultural markets, which may take variousforms depending on the products concerned;
Whereas the fishing industry is of special importance to the agricultural
economy of certain coastal regions of the Community; whereas thatindustry provides a major part of the income of fishermen in theseregions; whereas it is therefore advisable to encourage market stabilityby appropriate measures;
Whereas one of the steps to be taken to implement the common organ-
ization of the market is the application of common marketing standardsto the products concerned; whereas application of these standardsshould have the effect of keeping products of unsatisfactory quality offthe market and facilitating trade relations based on fair competition,thus helping to improve the profitability of production;
Whereas the application of these standards calls for the inspection of the
products subject to them; whereas provision should therefore be madefor such inspection;
Whereas it is desirable to make provision under the rules regulating the
marketfor measures which would make itpossible t o adjustsupply t omarket requirements and to guarantee, as far as possible, a fair incometo producers; whereas, given the special features of the market infishery products, the formation of producers’ organizations whosemembers would be bound by certain rules, notably in the matter ofproduction and marketing, would contribute to the attainment of theseobjectives;
Whereas, to support the activity of these organizations with regard to
production, thus facilitating greater market stability, Member Statesshould be permitted to extend, under certain conditions, to all non-members who market goods in a specific region the rules adopted bythe organization in the region in question on behalf of its members with
(1) OJ No C 305, 23. 11. 1992.
(2) OJ No C 313, 30. 11. 1992, p. 22.
(3) OJ No L 354, 23. 12. 1991, p. 1.
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regard, in particular, to the management of authorized catch quotas and
marketing;
Whereas application of the system described above involves costs to be
borne by the organization whose rules have been extended; whereas,therefore, non-members should contribute towards these costs; whereasthe Member States concerned should also be afforded the possibility ofgranting an indemnity to those operators in respect of products which,although they meet marketing standards, could not be marketed andwhich are withdrawn from the market;
Whereas it is desirable to adopt provisions to facilitate the formation
and operation of these organizations and the investment entailed inapplying their common rules; whereas to this end Member States shouldbe permitted to make aid available to them, this aid being partlyfinanced by the Community; whereas, however, the amount of this aidshould be limited; whereas, it should also be temporary and degressive,so that the financial responsibility of producers will gradually increase;
Whereas, at all events, provisions should be laid down to ensure that the
producers’ organizations do not hold a dominant position in theCommunity;
Whereas in order to cope with market situations which, in the case of
certain fishery products of special importance to producers’ incomes,are likely to lead to prices which might cause disturbances on theCommunity market, a guide price which is representative of productionareas in the Community and which will be used to determine pricelevels for intervention on the market must be fixed for each of theseproducts;
Whereas, in order to stabilize prices, producers’ organizations should be
able to intervene in the market, notably by applying a withdrawal pricebelow which the products of their members shall be withdrawn from themarket;
Whereas, it is appropriate in specific cases and under certain conditions
to support the activities of producers’ organizations by providing finan-cial compensation for quantities withdrawn from the market;
Whereas the intervention of producers’ organizations must be restricted
to localized excess supplies which the market cannot absorb and whichcannotbe avoided by measures of a differentkind; whereas t he finan-cial compensation must therefore be limited to a volume of productionto be determined;
Whereas, to encourage fishermen to adjust their deliveries more accu-
rately to market requirements, provision should be made for differentlevels of financial compensation depending on the volume of marketwithdrawals;
Whereas in view, in particular, of the scarcity of certain species, the
destruction of fish of a high commercial value which have been with-drawn from the market should be avoided where possible; whereas, tothis end, aid should be granted for the processing and storage, for theirprocessing for human consumption, of certain quantities of fresh prod-ucts withdrawn from the market; whereas all the species likely to bewithdrawn from the market must be able to qualify for that measure;
Whereas, for some species, the regional price disparities do not permit
their being covered at present by the scheme for the grant of financialcompensation to producers’ organizations; whereas, however, in orderto foster greater market stability for the products concerned, with dueaccount being taken of their characteristics and of the diversity of thecircumstances pertaining to their production and marketing, the saidproducts should be covered by a Community price support schemeadapted to their specific features;
Whereas such a scheme, based on the application of a withdrawal price
fixed independently by the producers’ organizations themselves, wasintroduced on a temporary basis; whereas it makes provision forgranting flat-rate aid on certain conditions to producers’ organizationsfor products that have been the subject of independent intervention, inthe form of withdrawal or processing and stocking for human consump-
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tion of limited quantities of those products; whereas, where applicationof such a scheme leads to an alignment of the price as a result of thedevelopment of production and marketing conditions for the speciesconcerned, the inclusion of those species in the financial compensationscheme can be envisaged;
Whereas monitoring of the market in the species concerned indicates
that the effects of applying the temporary scheme have been in line withthe objectives set; whereas the said scheme should therefore be madepermanent, the same principles being maintained but the list of speciesbeing adjusted;
Whereas, where prices for certain frozen products show a significant
tendency to decline, provision should be made to permit the grant ofprivate storage aid to producers’ organizations for such products origin-ating in the Community;
Whereas the effectiveness of the private storage aid scheme should be
improved, account being taken, in particular, of the special features ofthe production in question; whereas the trend in that production alsorequires adaptation of the list of products concerned;
Whereas a fall in import prices for tuna for the canning industry might
threaten the income level of Community producers of this product;whereas provision should therefore be made for compensation to begranted to these producers when necessary;
Whereas, in the case of tuna, in order to rationalize the marketing of a
uniform product, the compensatory allowance should be reserved forproducers’ organizations satisfying certain conditions;
Whereas, in order to assess whether a situation exists on the Community
market linked to the trend of prices on the world market in tuna thatwarrants payment of the compensatory allowance, a check must bemade that the drop in Community market prices stems from a drop inimportprices;
Whereas, in order to discourage an abnormal increase in tuna produc-
tion, provision should be made for limits to be laiddown within whichthe allowance may be granted to producers’ organizations on the basisof supply conditions recorded on the Community market;
Whereas, however, it is in the Community interest that application of
Common Customs Tariff duties should be totally suspended for certainproducts; whereas, since Community production of tuna is inadequate,conditions of supply comparable to those ruling in exporting thirdcountries should be maintained for food-processing industries usingthese products so as not to hinder their development in the context ofinternational conditions of competition; whereas any disadvantagewhich this system might present for Community tuna producers couldbe offset by payment of the indemnities envisaged for this purpose;
Whereas the tariff nomenclature resulting from the application of this
Regulation is included in the Common Customs Tariff; whereas thisRegulation should include the amendments to the Common CustomsTariff;
Whereas experience has shown that it may prove necessary to take tariff
measures very rapidly, in order to ensure the supply of the Communitymarket and to ensure that the Community’s international undertakingsare complied with; whereas, in order to allow the Community to dealwith such situations with all the assiduity called for, provision should bemade for a procedure enabling the requisite measures to be takenrapidly;
Whereas, for certain products, measures should be taken with regard to
imports coming from third countries at abnormally low prices, so as toavoid disturbances on Community markets; whereas, in order to ensurethe greater efficiency of these measures, it is appropriate, on the onehand, to improve the system whereby import prices are established, and,on the other hand, to extend the list of those products which may bemade subject to the reference price system;
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Whereas, for the majority of the products, the system thus introduced
allows for renunciation of all quantitative restrictive measures at theexternal frontier of the Community and for applying only the customsduty of the Common Customs Tariff actually levied;
Whereas, however, for some products, in order to enable the
Community processing industry to adjust its production conditions insuch a way as to improve its competitive position whith regard toimports from certain third countries, Community import arrangementsshould be introduced on a temporary basis for the said products;whereas the objective of the scheme must be to limit the developmentof the quantities imported of the products in question in accordancewith criteria to be defined, while respecting the Community’s inter-national obligations;
Whereas the safeguard mechanism may, in exceptional circumstances
be impaired; whereas, in order not to leave, should this happen, theCommunit y marketdefenceless againstany dist urbances which mightresult therefrom, the Community should be allowed to take necessarymeasures;
Whereas the levying of any customs duty or charge having equivalent
effect and the application of any quantitative restriction or measurehaving equivalent effect are prohibited in the internal trade of theCommunity by the provisions of the Treaty;
Whereas the establishment of a single market based on a common price
system would be jeopardized by the granting of certain aids; whereas,therefore, the provisions of the Treaty whereby aids granted by MemberStates can be examined, and those which are incompatible with thecommon market prohibited, should be made to apply to the fishingindustry;
Whereas the common organization of the market in fishery products
must take appropriate account, at the same time, of the objectives setout in Articles 39 and 110 of the Treaty;
Whereas implementation of this common organization must also take
account of the fact that it is in the Community’s interest to preservefishing grounds as much as possible; whereas the financing of measuresrelating to quantities exceeding those which might be allocated to theMember States should therefore not be permitted;
Whereas, in order to facilitate implementation of the proposed meas-
ures, there should be a procedure for establishing close cooperationbetween Member States and the Commission within a managementcommittee;
Whereas the expenditure incurred by the Member States as a result of
the obligations arising out of the application of this Regulation falls onthe Community in accordance with the provisions of Articles 2 and 3 ofCouncil Regulation (EEC) No 729/70 of 21 April 1970 on the financingof the common agricultural policy (
1),
HAS ADOPTED THIS REGULATION:
Article 1
A common organization of the market in fishery products is hereby
established, comprising a price and trading system and common ruleson competition.
For the purpose of this Regulation the expression ‘fisheries products'
shall include catch products and acquaculture products.
This organization shall cover the following products:
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regula-
tion (EEC) No 2048/88. (OJ No L 185, 15. 7. 1988, p. 1).
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CN code Description
(a)0301 Live fish
0302 Fish, fresh or chilled, excluding fish fillets and other fish
meatof heading No 0304
0303 Fish, frozen, excluding fish fillets and other fish meat of
heading No 0304
0304 Fish fillets and other fish meat (whether or not minced),fresh, chilled or frozen
(b)0305 Fish, dried, salted or in brine; smoked fish, whether or notcooked before or during the smoking process; fish meal, fitfor human consumption
(c)
0306 Crustaceans, whether in shell or not, live, fresh, chilled,
frozen, dried, salted or in brine; crustaceans, in shell, cookedby steaming or by boiling in water, whether or not chilled,frozen, dried, salted or in brine
0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen,dried, salted, or in brine; aquatic invertebrates other thancrustaceans and molluscs, live, fresh, chilled, frozen, dried,salted or in brine
(d)
Animal products, not elsewhere specified or included; dead
animals of Chapter 1 or 3, unfit for human consumption:
— Other:
— — Products of fish or crustaceans molluscs or otheraquatic invertebrates; dead animals of Chapter 3:
0511 91 10 — — — Fish waste
0511 91 90 ———O th e r
(e)1604 Prepared or preserved fish; caviar and caviar substitutes
prepared from fish eggs
(f)1605 Crustaceans, molluscs and other aquatic invertebrates,prepared or preserved
(g)
Pasta, whether or not cooked or stuffed (with meat or other
substances) or otherwise prepared, such as spaghetti,macaroni, noodles, lasagne, gnocchi, ravioli, canelloni; cous-cous, whether or not prepared:
1902 20 10 — Containing more than 20 % by weight of fish, crusta-ceans, molluscs or other aquatic invertebrates
(h)
Flours, meals and pellet s, of meator of meatoffal, of fish or
of crustaceans, molluscs or other aquatic invertebrates, unfitfor human consumption; greaves:
2301 20 00 — Flours, meals and pellets, of fish or of crustaceans,molluscs or other aquatic invertebrates
TITLE I
MARKETING STANDARDS
Article 2
1. Common marketing standards and the scope of such standards
may be determined for the products listed in Article 1 or groups of theseproducts; these standards may, in particular, cover classification byquality, size or weight, packing, presentation and labelling.
2. When marketing standards have been adopted, the products to
which they apply may not be displayed for sale, offered for sale, sold orotherwise marketed unless they conform to these standards, subject tospecial rules which may be adopted for trade with third countries.
3. The marketing standards and general rules for their application,
including the special rules referred to in paragraph 2, shall be adopted
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by the Council acting by a qualified majority on a proposal from theCommission.
4. Other detailed rules of application, and in particular the adjust-
ments to be made to the common marketing standards to take accountof changes in production and sales conditions, shall be adopted inaccordance with the procedure laid down in Article 32.
Article 3
1. Products for which common marketing standards have been
adopted shall be subject to inspection by Member States for conformitywith these standards.
This inspection may take place at all marketing stages and during
transport.
2. Member States shall take all appropriate measures to penalize
infringements of Article 2.
3. Not later than one month after the entry into force of each
marketing standard, Member States shall notify the other Member Statesand the Commission of the name and address of the bodies entrustedwith the inspection of each product or group of products for which astandard has been adopted.
4. Detailed rules for the application of paragraph 1 shall be adopted
as necessary in accordance with the procedure laid down in Article 32,account being taken in particular of the need to ensure coordination ofthe work of the inspection bodies and uniformity in the interpretationand application of common marketing standards.
TITLE II
PRODUCERS’ ORGANIZATIONS
Chapter 1
Role of producer’s organizations
Article 4
1. For the purpose of this Regulation, ‘producers’ organization'means
any recognized organization or association of such organizations, estab-lished on producers’ own initiative for the purpose of taking suchmeasures as will ensure that fishing is carried out along rational linesand that conditions for the sale of their products are improved.
These measures, which shall be designed in particular to promote imple-
mentation of catch plans, concentrations of supply and regularization ofprices, shall require members:
— to dispose, through the organization, of their total output of the
product or products in respect of which they are members; theorganization may decide that this requirement can be waived ifproducts are disposed of in accordance with common rules estab-lished in advance,
— to apply, with regard to production and marketing, rules which have
been adopted by the organization with the particular aim ofimproving product quality, adapting the volume of supply to marketrequirements and ensuring proper management of the catch quotasauthorized,
— to apply, where the Member State concerned has provided for the
management of some or all of its national catch quota or quotas tobe managed by producers’ organizations, within the limit of anyquantities allocated to that Member State from the total volume ofallowable catches for the stock or group of stocks in question, themeasures necessary to ensure the proper management of the catchquotas authorized.
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2. The producers’ organizat ions mustnothold a dominantposit ion
on the common market unless necessary in pursuance of the objectivesin Article 39 of the Treaty.
3. The Council, acting by qualified majority on a proposal from the
Commission, shall adopt general rules for the application of this Article.
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Article 4a
Member States may exclusively recognize a producers’ organization for
a special area of activity if it is found to be representative under theterms of Article 5 (1).
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Article 5
1. Where a producers’ organization is considered to be representative
of production and marketing in one or more landing places on part ofthe coast of a Member State, the Member State concerned may obligeproducers who are not members of the organization and who marketany of the products referred to in Article 1 within the area of which theproducers’ organization is representative to comply with:
(a) the marketing or production rules referred to in the second indent of
the second subparagraph of Article 4 (1);
(b) the rules adopted by the organization concerned on market with-
drawal and carry-over for the fresh or chilled products referred to inpoints (a) and (c) of the second paragraph of Article 1.
However, the rules can be extended to non-members in the case of the
products listed in Annex I, parts A and D only in so far as thewithdrawal price is equal to the price fixed in accordance with Article11 and, in the case of the products listed in Annex I, E, only if theintervention price is equal to the price fixed in accordance with Article13.
It may be decided that the rules referred to above shall not apply to
certain categories of sales.
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2. Before their decision enters into force, Member States shall notifyto the Commission the rules which they intend to make obligatorypursuantt o paragraph 1.
Where the Commission is unsure as to validity of the decision, it may
ask the Member State in question within one month of receipt of thesaid notification to suspend application of the decision in whole or inpart. In this case and within two months from that same date, theCommission:
— shall confirm that the rules notified may be made obligatory,
or
— by means of a reasoned decision, declare null and void the extension
of the rules decided by the Member State where it finds them to beincompatible with Community law. In this case the Commissiondecision shall apply from the date on which the request to suspendthe rules was sent to the Member State.
The Commission shall inform the other Member States promptly at each
stage of the procedure foreseen in this paragraph.
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3. Member States shall take all appropriate measures to:
— ensure that the rules referred to in paragraph 1 are complied with,
— penalize breaches of those rules.
They shall forthwith inform the Commission of such measures.4. Where paragraph 1 is applied, the Member State concerned may
decide that non-members are liable to the organization for all or part ofthe fees paid by member producers in so far as these fees are intended
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to cover administrative costs resulting from the application of the
system referred to in paragraph 1.
5. Where paragraph 1 is applied, Member States shall effect, where
necessary, through the agency of the producers’ organizations, the with-drawal of products not satisfying the marketing rules or which could notbe sold at a price at least equal to the withdrawal price.
6. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the application of this Article.
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Article 5a
1. Non-members who market, within the area for which a producers’
organization is representative, one or more products for which measureshave been adopted pursuant to Articles 22, 23 or 24 of this Regulationmay, for the period in which the said measures apply, be required tocomply with the rules referred to in Article 5 (1) (a) and (b), should theproducers’ organization concerned apply them to the products in ques-tion.
In this case the Member States may apply Article 5 (4) and (5) and
grant non-members an indemnity under the terms laid down in Article6.
2. At the start of each fishing year, the Member States shall prepare
and notify to the Commission the updated list of the producers’ organ-izations that fulfil the conditions for representativeness and the corre-sponding areas for which they are representative.
This list shall be published as an annex to the measures adopted by the
Commission pursuant to Articles 22, 23 or 24.
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Article 6
1. Where Article 5 (1) is applied, the Member State may grant an
indemnity to producers who are not members of an organization andwho are established in the Community in respect of products which:
— cannot be marketed pursuant to Article 5 (1) (a), or
— have been withdrawn from the market pursuant to Article 5 (1) (b).
The indemnity shall be granted without discrimination as to the nation-
ality or place of establishment of the recipients. It may not exceed 60 %of the amount arrived at by applying to the quantities withdrawn:
— the withdrawal price fixed in accordance with Article 11 for the
products listed in Annex I, parts A and D, or
— the selling price fixed in accordance with Article 13 for the products
listed in Annex I, part E.
2. The expenditure resulting from the granting of the indemnity
referred to in paragraph 1 shall be borne by the Member Stateconcerned.
Chapter 2
Aid for producers’ organizations
Article 7
1. Member States may make aid available to producers’ organ-
izations established after 1 January 1993 to encourage their formationand to facilitate their operation.
2. Such aid shall relate to the three years following recognition. For
the first, second and third years the aid shall not exceed 3 %, 2 % and1 % respectively of the value of production marketed under theauspices of the producers’ organization. Nor shall it exceed 60 %,40 % and 20 % of the organization’s administrative expenses in thefirst, second and third years respectively.
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Payment of the aid shall be made within five years of the date of
recognition.
3. The value of production marketed shall be established on a
standard basis for each year, namely:
— members’ average marketed production during the three calendar
years preceding the period for which aid is requested,
— average producer prices obtained by those members over the same
period.
4. During the five years immediately following the creation of the
intervention funds referred to in Article 8, Member States may make aidavailable to producers’ organizations, either directly or through creditinstitutions, in the form of loans on special terms to cover part of theanticipated cost of market intervention within the meaning of Article 8.
5. The aid referred to in paragraph 2 shall be notified to the Commis-
sion in a report which Member States shall forward to it at the end ofeach financial year.
When the aid referred to in paragraph 4 is granted, the Commission
shall be notified immediately.
6. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the application of this Article.
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Chapter 3
Specific measures to improve product quality
Article 7a
1. The Member States may grant specific recognition to producers’
organizations as referred to in Article 4 (1) that market the products forwhich common marketing standards have been laid down by Regula-tions (EEC) No 103/76 (
1) and (EEC) No 104/76 (2) and that have
submitted a plan to improve the quality and the marketing of theproducts approved by the competent national authorities.
2. The primary purpose of the plan referred to in paragraph 1 shall be
to include all stages of the production and marketing of the plan, shallprovide for the following in particular:
— a marked improvement in the quality of products on board,
— optimal quality maintenance during unloading, transport and
marketing of the products,
— application of adequate improvements shall have, in principle, an
innovative nature.
3. The Member States shall forward to the Commission the plans that
the producers’ organizations submit to them. These plans may not beapproved by the competent authority in the Member State until theyhave been sent to the Commission and 60 days have subsequentlyelapsed during which t he Commission can requestchanges or rejectt heplan.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
Article 7b
1. Article 7 notwithstanding, the Member States may grant the
producers’ organizations that have been specifically recognized underArticle 7a (1) aid to facilitate the implementation of their plans to
(1) OJ No L 20, 28. 1. 1976, p. 29. Regulation as last amended by Regula-
tion (EEC) No 1935/93 (OJ No L 176, 20. 7. 1993, p. 2).
(2) OJ No L 20, 28. 1. 1976, p. 35. Regulation as last amended by Regula-
tion (EEC) No 3162/91 (OJ No L 300, 31. 10. 1991, p. 1).
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improve quality and marketing, unless the improvement is necessary to
fulfil statutory requirements.
Entitlement to the aid in question shall be for the three years following
the date on which specific recognition was granted.
2. The aid in the first, second and third years may not exceed 3 %,
2 % and 1 % respectively of the production value of the productscovered by the plan and marketed by the producers’ organizations. As apercentage of the research and administrative costs allocated by theorganization to carry out the plan the aid may not be greater than 60 %in the first year, 50 % in the second year and 40 % in the third year.
The aid shall be paid in the year following that for which it was
approved.
Fifty per cent of the aid granted shall be refunded by the European
Agricultural Guidance and Guarantee Fund, Guidance Section.
3. The Member State shall monitor the implementation of the plans
to improve quality and marketing which they have approved.
Each year they shall send the Commission, along with their application
for payment of the Community contribution, a report describingprogress as regards improvements in quality for each producers’ organ-ization benefiting from the specific recognition provided for in Article7a.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
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TITLE III
INTERVENTION
Chapter 1
Withdrawal schemes
Article 8
1. For the products listed in Article 1, producers’ organizations may
fix a withdrawal price below which they will not sell products suppliedby their members.
In this event, for quantities withdrawn from the market, producers’
organizations:
— shall grant an indemnity to members in respect of the products listed
in Annex I, parts A and D and in Annex VI which conform to thestandards adopted in accordance with Article 2,
— may grant an indemnity to members in respect of other products
listed in Article 1 but not in Annex I, parts A and D nor in AnnexVI.
For each product listed in Article 1, a maximum level for the with-
drawal price may be fixed in accordance with paragraph 5.
2. The disposal of products thus withdrawn from the market must be
determined by producers’ organizations in such a way as not to interferewith normal marketing of the product in question.
3. To finance these withdrawal measures, producers’ organizations
shall create intervention funds fed by contributions assessed on quant-ities offered for sale or shall, alternatively, have recourse to an equaliza-tion system.
4. Producers’ organizations shall supply the following information to
the national authorities who shall communicate it to the Commission:
— a list of the products for which they intend to operate the system
described in paragraph 1,
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— the period during which withdrawal prices are applicable,
— the level of withdrawal prices proposed and applied.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
Article 9
1. A guide price shall be fixed before the beginning of the fishing
year for each of the products listed in Annex I, parts A, D and E and foreach of the products and groups of products listed in Annex II.
These prices shall be valid for the whole Community and shall be fixed
for each fishing year or for each of the periods into which that year issubdivided.
2. The guide price shall be based on:
— the average of prices recorded for a significant proportion of
Community output and a product with given commercial character-istics on representative wholesale markets or in representative portsduring the three fishing years immediately preceding the year forwhich the price is fixed,
— an assessment of production and demand prospects.
In fixing the price, account shall also be taken of the need to:
— stabilize market prices and avoid the formation of surpluses in the
Community,
— help supportproducers’ incomes,— consider consumers’ interests.
3. The Council, acting by a qualified majority on a proposal from the
Commission, shall determine the level of the guide prices referred to inparagraph 1.
Article 10
1. Throughout the period during which the guide price is applicable,
Member States shall notify the Commission of the price recorded onrepresentative wholesale markets or in representative ports for productshaving the characteristics selected for fixing the guide price.
2. Markets and ports in Member States where a significant propor-
tion of Community output of a given product is marketed shall beregarded as representative within the meaning of paragraph 1.
3. Detailed rules for the application of this Article shall be adopted,
and the list of representative markets and ports referred to in paragraph2 approved, in accordance with the procedure laid down in Article 32.
Article 11
1. For each of the products listed in Annex I, parts A and D, a
Community withdrawal price shall be fixed on the basis of the fresh-ness, size or weight and the presentation of the product, hereinaftercalled ‘productcat egory', by applying t o an amountequal atleastt o70 %, and not exceeding 90 %, of the guide price, the conversionfactor of the category of the product concerned. These conversionfactors shall reflect the price relationship between the category ofproducts under consideration and that adopted for fixing the guide price.The Community withdrawal price must, however, in no case exceed90 % of the guide price.
2. In order to ensure producers in landing zones which are very far
away from the principal consumption centres on the Community accessto markets under satisfactory conditions, the prices referred to in para-graph 1 may be weighted, for these zones, by adjustment conversions.
3. The procedures for applying this Article and, in particular, the
ascertainment of the percentage of the guide price serving as an elementin the calculation of the Community withdrawal prices and the deter-mination of the landing zones referred to in paragraph 2, as well as the
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prices, shall be adopted in accordance with the procedure laid down inArticle 32.
Article 12
1. Member States shall grant financial compensation to producers’
organizations which intervene pursuant to Article 8 in respect of theproducts listed in Annex I, parts A and D on condition that:
(a) the withdrawal price applied by these organizations is the
Community withdrawal price fixed in accordance with Article 11, amargin of tolerance extending 10 % below and 10 % above thisprice being, however, permitted to take account in particular ofseasonal fluctuations in market prices;
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The 10 % margin of tolerance below the Community price may not
be applied to products whose importation is subject to the terms ofArticle 22 (4) (b) and (c);
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(b) products withdrawn conform to the standards adopted in accordance
with Article 2;
(c) the indemnity granted to members in respect of quantities with-
drawn from t he marketis atleastequal, for t he various bands ofquantities withdrawn, to the percentage of the withdrawal priceapplied by these organizations for quantities, referred to in para-graph 3, plus 10;
(d) a withdrawal price no less than the price referred to in Article 11 is
applied for each category of the product concerned. However, aproducers’ organization which, as one of the measures referred to inArticle 4 (1), applies a ban on the sale of certain categories ofproducts shall not be required to apply the Community withdrawalprice for those categories of products.
2. Financial compensation shall be granted only where products
withdrawn from the market are disposed of for purposes other thanhuman consumption or in such a way as not to interfere with normalmarketing of the products referred to in Article 11.
3. The financial compensation shall be equal to:
— 87,5 % of the withdrawal price applied by the producers’ organ-
ization concerned for quantities withdrawn from the market by theproducers’ organizations concerned which do not exceed 7 %,
— 75 % of the withdrawal price applied by the producers’ organ-
ization concerned for quantities withdrawn from the market by theproducers’ organizations concerned which exceed 7 % and do notexceed 14 %,
— 0 % of the withdrawal price applied by the producers’ organization
concerned for quantities withdrawn from the market by the produ-cers’ organizations concerned which exceed 14 %
of the annual quantities of the product concerned which are put up for
sale in accordance with Article 4 (1).
4. Production by members of an organization withdrawn from the
market by that organization or another organization pursuant to Article5 shall be taken into consideration for the purpose of calculating thefinancial compensation to be granted to the organization to which theproducers in question belong.
5. The financial compensation shall be reduced by the value, set at a
standard amount, of the product intended for purposes other than humanconsumption or by the net proceeds from the disposal of products forhuman consumption in accordance with paragraph 2. The above valueshall be setatt he beginning of t he fishing year. Itshall, however, beadjusted if significant and lasting price charges take place onCommunity markets.
6. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
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Article 12a
1. Where, in a given calendar month, the withdrawals effected by a
producers’ organization, due to exceptional circumstances beyond theircontrol, reach, in the case of a product listed in Anne xIAo rD ,1 0 %
of the quantities of the said product placed on sale in the same monthpursuant to the rules adopted by the producers’ organization in accord-ance with Article 4 (1), the Member State shall grant the producers’organization concerned which so requested it special financialcompensation, equivalent to 93 % of the withdrawal price applied bythe said organization, for the quantities of the product in questionwithdrawn from the market which do not exceed 14 % of the quantitiesplaced on sale in the month in question.
Eligibility for this special financial compensation shall be granted
subject to compliance with the terms and rules laid down in Article 12(1), (2), (4) and (5), except for the increase mentioned in Article 12 (1)(c), which shall be reduced to five.
Special financial compensation may not be granted for more than two
successive calendar months and may be granted only for a maximum ofthree calendar months over the whole fishing year.
The quantities accepted for special financial compensation shall not be
eligible for the financial compensation provided for in Article 12, norfor the carry-over aid provided for in Article 14.
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
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Article 13
For each of the products listed in Annex I, part E, a Community selling
price shall be fixed according to the same conditions as those laid downin Article 11 for fixing the withdrawal price.
Article 14
1. The following shall be eligible for a carry-over aid:
— the products listed in Annex I, parts A and D withdrawn from the
market at the withdrawal price referred to in Article 11,
— the products listed in Annex I, part E which have been put for sale
but for which it has been established that a buyer has not been foundat the Community selling price fixed in accordance with Article 13.
A margin of tolerance extending 10 % below and 10 % above these
prices, however, is permitted to take account in particular of seasonalfluctuations in market prices.
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The 10 % margin of tolerance below the Community price may not beapplied to products whose importation is subject to the terms of Article22 (4) (b) and (c).
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2. Only such quantities shall be considered as eligible for a carry-over aid as:
— have been supplied by a member producer,
— meet certain quality, size and presentation requirements,— are either processed to stabilize them and stored or preserved in
accordance with conditions and for a period to be determined.
3. For each of the products concerned, the aid shall be granted only
for quantities not exceeding 6 % of the annual quantity of the productsin question put up for sale in accordance with Article 4 (1).
The amount of this aid may not exceed the amount of the technical and
financial costs associated with the operations which are essential forstabilization and storage.
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4. The processing methods referred to in this Article are:
(a) — freezing,
— salting,— drying,— and, where appropriate, boiling;
(b) filleting or cutting-up and, where appropriate, heading where these
are accompanied by one of the processes listed in (a).
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
Article 15
1. For products listed in Annex VI, Member States shall grant flat-
rate aid to producers’ organizations which practise intervention inaccordance with Article 8, on condition that:
(a) the said organizations determine a withdrawal price, hereinafter
called an ‘autonomous withdrawal price', before the beginning ofthe fishing year; the producers’ organizations shall apply that pricethroughout the fishing year, a tolerance of 10 % below and 10 %above being allowed; the price may not, however, exceed 80 % ofthe weighted average price recorded for the product categories inquestion in the area of activity of the producer’s organizationsconcerned during the previous three fishing years;
(b) the products withdrawn meet the standards adopted in accordance
with Article 2;
(c) the indemnity granted to associated producers in respect of the
products withdrawn from the market is equal to the autonomouswithdrawal price applied by the producers’ organizations.
2. The flat-rate aid shall be granted for quantities withdrawn from the
marketwhich have been putup for sale in accordance wit h Art icle 4 (1)and which are disposed of in a way t hatdoes notaffectt he normaldisposal of production.
3. The amount of the flat-rate aid shall be 75 % of the autonomous
withdrawal price applied during the current fishing year, this amountbeing reduced by the value, fixed at a standard amount, of the productwhich is disposed of as specified in paragraph 2.
4. The flat-rate aid shall also be granted for quantities withdrawn
from the market which are either processed to stabilize them and storedor preserved in accordance with conditions and for a period to bedetermined. The amount of the flat-rate aid in such cases may notexceed the amount of the technical and financial costs associated withthe operations which are essential for stabilization and storage.
5. The sum of the quantities eligible for the flat-rate aid pursuant to
paragraphs 2 and 4 may together not exceed 10 % of the annualquantities of the products concerned put up for sale in accordance withArticle 4 (1).
6. The Member States concerned shall introduce a control system
ensuring that products for which the flat-rate aid is applied do in factqualify for it.
For the purposes of this control system, recipients of the flat-rate aid
shall keep stock records which meet criteria to be determined. MemberStates shall communicate to the Commission at intervals to be laiddown a table showing average product and category prices recorded atrepresentative wholesale markets or ports.
7. The Council, acting by a qualified majority on a proposal from the
Commission shall decide, depending on the alignment of the prices forthe species referred to under this Article, on their inclusion in the list ofproducts in Annex I, part A.
8. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
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Chapter 2
Private storage aid
Article 16
1. Private storage aid for the products listed in Annex II may be
granted to producers’ organizations applying Article 4 (1) to productionand marketing during the current fishing year.
2. The private storage aid shall be granted where the average prices
realized for a product offered for sale by the producers’ organizationsduring a significant period to be determined are less than 85 % of theguide price referred to in Article 9 (1).
3. The following rules shall apply to the grant of private storage aid:
— the products must have been fished, frozen on board and landed in
the Community by a member of a producers’ organization,
— the aid shall be restricted to 15 % of the average quantity of the
products offered for sale in the Community in accordance withArticle 4 during the same period of three fishing years preceding thefishing year in respect of which the aid is granted. Aid may not,however, be granted for more than 15 % of the quantity offered forsale during the period in progress,
— the products must be stored for a minimum period and then placed
on the Community market again.
4. The amount of the private storage aid may not exceed the sum of
technical costs and interest for a maximum period of three months. Thisamountshall be fixed each mont h degressively.
5. Detailed rules for the application of this Article, in particular the
amount of the private storage aid and the conditions on which it isgranted, shall be adopted in accordance with the procedure laid down inArticle 32.
Chapter 3
Tuna for ►
M3 processing ◄
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Article 17
1. The Council, acting by qualified majority on a proposal from the
Commission, shall fix for each of the products listed in Annex III aCommunity producer price before the start of the fishing year. Thisprice shall be established in accordance with the first and secondindents of Article 9 (2).
In fixing this price, account shall also be taken of the need to:
— consider the supply conditions for the Community processing
industry,
— help supportproducers’ incomes,— avoid the creation of surpluses in the Community.
These prices shall apply throughout the Community and shall be fixed
for each fishing year.
2. The Member States shall notify the Commission of the average
prices recorded at representative wholesale markets or ports for prod-ucts of Community origin as referred to in paragraph 1 which havedefined commercial characteristics.
3. For the purposes of paragraph 2, the representative markets and
ports in the Member States shall be those where a significant proportionof Community tuna production is marketed.
4. Detailed rules for the application of this Article, in particular the
fixing of conversion factors for the various species, sizes and presenta-tions of tuna and a list of the representative markets and ports referredto in paragraph 3, shall be adopted in accordance with the procedurelaid down in Article 32.
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Article 18
1. An allowance may be granted to the producers’ organizations for
the quantities of products listed in Annex III caught by their members,then sold and delivered to processing industries established within thecustoms territory of the Community and intended for the industrialmanufacture of products falling within CN code 1604. This allowanceshall be granted when, for a given quarter,
— the average selling price recorded on the Community marketand
— the free-at-frontier price referred to in Article 22 plus, where appro-
priate, the applicable countervailing charge
are both lower than a triggering threshold equivalent to 91 % of the
Community producer price for the product in question.
The Member States shall prepare or update and notify to the Commis-
sion the list of the industries referred to in this paragraph before thestart of each fishing year.
2. The amountof t he allowance in any case may notexceed:
— either the difference between the triggering threshold and the
average selling price of the product in question on the Communitymarket,
— or a flat-rate amount equivalent to 12 % of this threshold.
3. The maximum total quantity of each of the products eligible for
the allowance shall be limited to an amount equal to the average of thequantities sold and delivered, under the terms set out in paragraph 1,during the equivalent quarter in the three fishing years preceding thequarter for which the allowance is paid.
4. The amount of the allowance granted to each producers’ organ-
ization shall be equal to:
— the ceiling laid down in paragraph 2 for the quantities of the product
in question which have been disposed of in accordance with para-graph 1 and which do not exceed the average of the quantities soldand delivered under the same conditions by its members in theequivalent quarter in the three fishing years preceding the quarterfor which the allowance is paid,
— 50 % of the ceiling laid down in paragraph 2 for the quantities of
the product in question which exceed the quantities referred to in thefirst indent and which are equal to the surplus of the quantitiesresulting from the allocation of the quantities eligible pursuant toparagraph 3 among the producers’ organizations.
The allocation shall be made proportionally between the producers’
organizations in question on the basis of their respective averageproduction in the equivalent quarter in the three fishing years precedingthe quarter for which the allowance is paid.
5. The producers’ organizations shall allocate the allowance granted
to their members proportionally on the basis of the quantities producedby them and sold and delivered in accordance with paragraph 1.
6. Detailed rules for the application of this Article, in particular the
amount and the conditions under which the allowance is granted, shallbe adopted in accordance with the procedure laid down in Article 32.
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TITLE IV
TRADE WITH THIRD COUNTRIES
Chapter 1
Customs arrangements
Article 19
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1. The tariff and statistical nomenclature of the Common Customs
Tariff is hereby amended in accordance with Annex VII.
2. The general rules for interpretation of the Common Customs
Tariff and the particular rules for its application shall be applicable tothe classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beadopted in the Common Customs Tariff.
3. Save as otherwise provided in this Regulation, or where deroga-
tion therefrom is decided by the Council, acting by a qualified majorityon a proposal from the Commission, the following shall be prohibited:
— the levying of any charge having an effect equivalent to a customs
duty,
— the application of any quantitative restriction.
Article 20
1. In an emergency caused by:
— supply difficulties on the Community market,
or
— the fulfilment of international commitments,
it may be decided wholly or partly to suspend the Common Customs
Tariff duties in respect of the products listed in Article 1, in accordancewith the procedure laid down in Article 32.
2. The Commission shall inform the European Parliament and the
Council of any decision taken pursuant to paragraph 1.
Chapter 2
Particular provisions for certain products
Article 21
1. For a period of four years from the entry into force of this
Regulation, the annual imports into the Community of the preservedproducts listed in Annex IV, part C shall be limited to a maximumamount equal to the total volume of imports recorded during the year1991, hereinafter called the ‘reference year', multiplied by an annualrate of increase.
However, for the products listed in point 1 of Annex IV, part C, this
Article shall apply only to products manufactured from sardines of thespeciessardina pilchardus complying with the standards laid down by
Council Regulation (EEC) No 2136/89 of 21 June 1989 laying downcommon marketing standards for preserved sardines (
1). For the prod-
ucts listed in point 2 of Annex IV, part C this Article shall apply only toproducts manufactured of the species listed in the Annex to CouncilRegulation (EEC) No 1536/92 of 9 June 1992 laying down commonmarketing standards for preserved tuna and bonito (
2) and complying
with the standards laid down by that Regulation.
2. The annual rate of increase referred to in paragraph 1 shall result
from the arithmetical average of the rates of development of consump-tion of the products concerned in the Community during the referenceyear and the two years preceding it, but may not be below a minimumo f6% .
3. The annual rate of increase defined in paragraph 2 shall apply for
the purpose of calculating the maximum annual amount referred to inparagraph 1, from the first year following the reference year.
(1) OJ No L 212, 22. 7. 1989, p. 79.
(2) OJ No L 163, 17. 6. 1992, p. 1.
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4. This Article shall be applied in accordance with the provisions of
Article 11 of Council Regulation (EEC) No 288/82 of 5 February 1982on common rules for imports (
1).
5. The other detailed rules of application shall be adopted in accord-
ance with the procedure laid down in Article 32.
Chapter 3
Reference prices
Article 22
1. In order to obviate disturbances caused by supplies from third
countries at abnormal prices or under such conditions as would jeopar-dize the stabilization measures referred to in Articles 11, 12, 13, 14, 16or 17 reference prices valid for the Community shall be fixed each year,by product category, for the products specified in Annexes I, II, III, IV,part B, and V, subject to the consultation procedures laid down forcertain products by the international commitments of the Communitywithin the framework of the General Agreement on Tariffs and Trade(GATT).
2. The reference price for the products specified in Annex I, parts A
and D shall be equal to the withdrawal price fixed in accordance withArticle 11 (1). The reference price for the products specified in Annex I,part C shall be fixed on the basis of the reference price for the productsspecified in Annex I, part A, taking account of the processing costs andof the need to ensure a relationship of prices in keeping with the marketsituation.
The reference price for the products specified in Annex I, part E shall
be equal to the Community selling price fixed in accordance withArticle 13.
The reference price for the products specified in Annexes I, part B, IV,
B and V shall be determined on the basis of the average reference pricefor the fresh product, taking account of the processing costs and of theneed to ensure a relationship of prices in keeping with the marketsituation. Where there is no reference price for a fresh product, thisprice shall be determined on the basis of the reference price applied to acommercially similar fresh product.
The reference price for the products specified in Annex II shall be
derived from the guide price referred to in Article 9 (1) by reference tothe price level specified in Article 16 (2) at which the interventionmeasures provided for therein may be taken and taking account of thesituation of the market in these products.
The reference price for the tuna specified in Annex III intended for use
by the canning industry shall be based on the weighted average of thefree-at-frontier prices recorded on the most representative importmarkets or in the most representative ports of import in the MemberStates during the three years immediately preceding the date on whichthe reference price is fixed, reduced by an amount equal to any customsduties and charges levied on the products and by the cost of unloadingand transport from Community frontier crossing points to those marketsor ports.
The conversion factors fixed in accordance with the procedure laid
down in Article 17 (5) shall be applied to the various types of tuna andto the various forms of presentation.
3. For the products specified in Annex I, parts A, D and E, a
free-at-frontier price shall be established, based on the prices recordedby the Member States for the various product categories at a specificmarketing stage for the imported product on the representative importmarkets or in the representative ports of import, reduced by an amount
(1) OJ No L 35, 9. 2. 1982, p. 1. Regulation as last amended by Regulation
(EEC) No 848/92 (OJ L 89, 4. 4. 1992, p. 1).
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equal to the customs duty in the Common Customs Tariff actually
levied and any charges levied on these products and by the cost ofunloading and transport from Community frontier crossing points tothose markets or ports.
For the products specified in Annexes I, parts B and C, II, III, IV, parts
B and V, a free-at-frontier price shall be established, based on the pricerecorded by each Member State for the usual commercial quantitieswhich are imported into the Community, reduced by an amount equal tothe customs duty in the Common Customs Tariff actually levied andany charges levied on the products and by the cost of unloading andtransport.
Member States shall notify the Commission regularly of:
— the prices of the products referred to in the first subparagraph
recorded on representative markets or at representative ports,
— the prices of the products referred to in the second subparagraph.
4. When the free-at-frontier price for a given product imported from
a third country is lower than the reference price, and if significantquantities of the product are imported:
(a) autonomous suspension of the Common Customs Tariff duties may
be abolished in the case of imports for which the free-at-frontierprice is lower than the reference price;
(b) in the case of the products specified in Annex I, part A (with the
exception of the product referred to in point 3), Annex I, parts C, Dand E, Annex II, Annex IV, partB and Annex V, import s may besubjected to the requirements that the free-at-frontier price deter-mined in accordance with paragraph 3 is at least equal to thereference price;
(c) in the case of the products specified in Annex I, parts A (3) and B
and Annex III, imports may be subjected to a countervailing charge,provided that this complies with the GATT rules on binding.However, where imports at entry prices lower than the referenceprice are from certain countries only or of certain species only, thecountervailing charge shall be levied only on imports from thosecountries or of those species.
The countervailing charge shall be equal to the difference between
the reference price and the free-at-frontier price. This charge, whichshall be the same for all Member States, shall be added to thecustoms duties in force.
5. However, the measures referred to in paragraph 4 (c) shall not
apply to third countries which undertake, on specific terms, that theirproducts will be offered at prices to be determined in accordance withparagraph 3 which are at least equal to the reference price, and whichdo in practice observe this price in their deliveries to the Community.
6. Detailed rules for the application of this Article, in particular the
level of the reference price, shall be adopted pursuant to the procedurelaid down in Article 32. The application and repeal of the measuresprovided for in paragraph 4 shall be decided on in accordance with thesame procedure.
However, in the intervals between the periodic meetings of the manage-
ment committee, these measures shall be adopted by the Commission.In this event, they shall remain valid until any measures adopted inaccordance with the procedure laid down in Article 32 enter into force.
Article 23
1. In order to obviate disturbances caused by supplies from third
countries at abnormally low prices, reference prices for the productsreferred to in Annex IV, part A may be fixed before the beginning ofeach marketing year. These prices may be fixed at different levelsduring periods to be determined within each marketing year accordingto seasonal fluctuation in prices.
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2. The reference prices referred to in paragraph 1 shall be fixed on
the basis of the average of the producer prices recorded during the threeyears preceding the date on which the reference price is fixed for aproduct with given commercial characteristics in the representativeproduction areas of the Community.
3. If the free-at-frontier price valid for a consignment of a normal
commercial quantity of the products referred to in paragraph 1 ofspecified provenance is lower than the reference price, imports of thoseproducts from the third country in question may be made subject, incompliance with the GATT rules on binding, to a countervailing chargeequal to the difference between the reference price and the free-at-fron-tier price plus the Common Customs Tariff duty actually levied. TheCommission shall follow regularly the trend in free-at-frontier prices ofproducts imported from each provenance.
4. The countervailing charge provided for in paragraph 3 shall not,
however, be levied in the case of third countries which are willing andable to guarantee that, when the products referred to in paragraph 1originating in and coming from their territory are imported into theCommunity, the price plus the Common Customs Tariff duty actuallylevied will not be less than the reference price and that deflections oftrade will be avoided.
5. Detailed rules for the application of this Article, in particular the
level of the reference prices, shall be adopted in accordance with theprocedure laid down in Article 32. Decisions to introduce, alter orwithdraw the countervailing charge, or to admit a particular thirdcountry to the benefit of paragraph 4, shall be taken in accordance withthe same procedure.
Chapter 4
Emergency measures
Article 24
1. If, by reason of imports or exports, the Community market in one
or more of the products specified in Article 1 experiences or is threat-ened with serious disturbances which may endanger the objectives ofArticle 39 of the Treaty, appropriate measures may be applied in tradewith third countries until such disturbance or threat of disturbance hasceased.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt detailed rules for the application of this para-graph.
2. If the situation mentioned in paragraph 1 arises, the Commission
shall, at the request of a Member State or in its own initiative, adopt thenecessary measures; the measures shall be communicated to theMember States and shall be immediately applicable. If the Commissionreceives a request from a Member State, it shall take a decision thereonwithin five working days from receipt of the request.
3. The measures adopted by the Commission may be referred to the
Council by any Member State within five working days of the day onwhich they were communicated. The Council shall meet without delay.It may, acting by a qualified majority, amend or repeal the measures inquestion.
TITLE V
GENERAL PROVISIONS
Article 25
1. Fifty per cent of the aid granted by the Member States pursuant to
Article 7 (1) and (2) shall be reimbursed by the Guidance Section of theEuropean Agricultural Guidance and Guarantee Fund.
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2. Intervention measures shall be financed as provided for in Articles
6, 12, 14, 15, 16 and 18 in respect of products from a stock or group ofstocks only up to the limit of any quantities allocated to the MemberState in question from the total volume of allowable catches for thestock or group of stocks in question.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 32.
Article 26
Without prejudice to other Community provisions, the measures shall
take the necessary steps to ensure that all fishing vessels flying the flagof one of the Member States enjoy equal access to ports and first-stagemarketing installations together with all associated equipment and tech-nical installations.
Article 27
Subject to any provisions to the contrary adopted pursuant to Articles
42 and 43 of the Treaty, Articles 92, 93 and 94 of the Treaty shall applyto production of and trade in the products specified in Article 1.
Article 28
Where a price rise exceeding one of the guide prices referred to in
Article 9 (1) or the Community producer price referred to in Article 17(1) by a percentage to be determined is recorded on the Communitymarket and where this situation is likely to persist and is disturbing orthreatens to disturb the market, appropriate measures may be taken toremedy the situation.
The Council, acting by a qualified majority on a proposal from the
Commission shall adopt general rules for the application of this Article.
Article 29
The Council, acting by a qualified majority on a proposal from the
Commission may amend the Annexes hereto and the percentages speci-fied in Articles 11 and 16.
Article 30
Member States and the Commission shall communicate to each other
the information necessary for the implementation of this Regulation.Rules for the communication and distribution of such information shallbe adopted in accordance with the procedure laid down in Article 32.
Article 31
A Management Committee for Fishery Products (hereinafter called ‘the
Committee') shall be established, consisting of representatives of theMember States and presided over by a representative of the Commis-sion.
Article 32
Where the procedure laid down in this Article is to be followed, the
chairman shall refer the matter to the Committee either on his owninitiative or at the request of the representative of a Member State.
The representative of the Commission shall submit to the Committee a
draft of the measures to be taken. The Committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown according to the urgency of the matter. The opinion shall bedelivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the Committee shall be weighted in the mannersetoutin t hatArt icle. The chairman shall notvot e.
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The Commission shall adoptmeasures which shall apply immediat ely.
However, if these measures are not in accordance with the opinion ofthe Committee, they shall be communicated by the Commission to theCouncil forthwith. In that event the Commission may defer applicationof t he measures which ithas decided for a period of notmore t han onemonth from the date of such communication.
The Council, acting by a qualified majority, may take a different
decision within the time limit referred to in the previous subparagraph.
Article 33
The Committee may consider any other question referred to it by its
chairman either on his own initiative or at the request of the repres-entative of a Member State.
Article 34
This Regulation shall be so applied that appropriate account is taken at
the same time of the objectives set out in Articles 39 and 110 of theTreaty.
Article 35
1. Regulations (EEC) No 3687/91, (EEC) No 2202/82 (
1) and (EEC)
No 2203/92 (2) are hereby repealed, as from the date of the entry into
force of this Regulation.
2. References to the repealed Regulation (EEC) No 3687/91 shall be
construed as reference to this Regulation and should be read in accord-ance with the correlation table in Annex VIII.
Article 36
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 235, 10. 8. 1982, p. 1.
(2) OJ No L 235, 10. 8. 1982, p. 4.
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CN codes Description▼B
ANNEX I
A.Fresh or chilled products of heading Nos 0302 and 0307:
1. 0302 22 00 Plaice (Pleuronectes platessa)
2.ex 0302 29 90 Dab (Limanda Limanda)
3. 0302 29 10 Megrim (Lepidorhombus spp.)
4.ex 0302 29 90 Common flounder (Platichthys Flesus)
5. 0302 31 10 and
0302 31 90Albacore of long finned tunas (Thunnus alalunga)
6.ex 0302 40 Herring of the species Clupea harengus
7. 0302 50 10 Cod of the species Gadus morhua
8. 0302 61 10 Sardines of the species Sardina pilchardus
9. 0302 62 00 Haddock (Melanogrammus aeglefinus)
10. 0302 63 00 Coalfish (Pollachius virens)
11.ex 0302 64 Mackerel of the species Scomber scombrus andScomber japonicus
12. 0302 65 20 and
0302 65 50Dogfish(Squalus acanthias andScyhorhinus spp.)
13. 0302 69 31 and
0302 69 33Redfish(Sebastes spp.)
14. 0302 69 41 Whiting (Merlangus merlangus)
15. 0302 69 45 Ling (Molva spp.)
16. 0302 69 55 Anchovies (Engraulis spp.)
17.ex 0302 69 65 Hake of the species Merluccius merluccius
18. 0302 69 75 Ray’s bream (Brama spp.)
19. 0302 69 81 Monkfish (Lophius spp.)
20.ex 0307 41 80 Cuttlefish (Sepia officinalis andRossia macrosoma)
B.Frozen products of heading Nos 0303 and 0304:
ex 0303 50 10 Herring of the species Clupea harengus
ex 0303 50 90
ex 0304 90 21 and
ex 0304 90 25
C. Fish fillets and other fish meat (whether or not minced)of the species listed in A above, fresh
or chilled, falling within combined nomenclature code ex 0304 10 31, ex 0304 10 39,ex 0304 10 92, ex 0304 10 93 or ex 0304 10 98
▼
M3
D.Live, fresh or chilled products or products cooked by steaming or by boiling in water:
ex 0306 23 10
ex 0306 23 31 andex 0306 23 39Shrimps of the species Crangon crangon and Deep-water prawn
(Pandalus borealis)
▼
B
E.Live, fresh or chilled products or products cooked by steaming or by boiling in water:
0302 23 00 Sole (Solea spp.)
ex 0306 24 30 Edible crabs (Cancer pagurus)
ex 0306 29 30 Norway lobsters (Nephrops norvegicus)
1992R3759 — EN — 01.01.1995 — 001.001 — 25
▼B
CN codes DescriptionANNEX II
A.Frozen products of heading Nos 0303 and 0304:
0303 31 10 Lesser or Greenland halibut (Reinhardtius
hippoglossoides)
0303 78 10 and0304 20 57Hake of the genus Merluccius spp.
0303 79 71 Sea bream (Dentex dentex andPagellus spp.)
B.Frozen products of heading No 0306
0306 13 90 Shrimps of the family Penalidae
C.Frozen products of heading No 0307:
1. 0307 49 19 Cuttlefish of the species Sepia officinalis,
Rossia macrosoma andSepiola rondeletti
2. 0307 49 31
0307 49 330307 49 35 and
0307 49 38Squid(Loligo spp.)
3.
0307 49 51 Squid (Ommastrephes sagittatus)
4. 0307 59 10 Octopus (Octopus spp.)
5. 0307 99 11 Illexspp.
1992R3759 — EN — 01.01.1995 — 001.001 — 26
▼B
CN codes
Description
Fresh or chilled FrozenANNEX III
Tuna (of the genus Thunnus ), skipjack or stripe-bellied bonito [Euthynnus (Katsuwonus) pelamis]
and other species of the genus Euthynnus, fresh, chilled or frozen, intended for industrial
manufacture of products falling within heading No 1604and classified under one of the followingcombined nomenclature codes:
Presented in a form other than those
mentioned under heading No 0304
I. The following species:
(a) Albacore or longfinned tuna (Thunnus
alalunga), excluding fresh or chilled:
1. Weighing more than 10 kg each (*) 03034111, 03034113 and
03034119
2. Weighing notmore t han 10 kg
each (*)03034111, 03034113 and03034119
(b) Yellowfin tuna (Thunnus albacares):
1. Weighing notmore t han 10 kg each 03023210 (*) 03034212, 03034232 and
03034252
2. Weighing notmore t han 10 kg each 03023210 (*) 03034218, 03034238 and
03034258
(c) Skipjack or stripe-bellied tuna
(Euthynnus (Katsuwonus) pelamis)03023310 03034311, 03034313 and
03034319
(d) Bluefin tuna (Thunnus
thynnus), excluding fresh or chilledex03034911, ex03034913 and
ex03034919
(e) Other species of the genera Thunnus and
Euthynnusex03023910 and03026921ex03034911, ex03034913,
ex03034919, 03037921,03037923 and 03037929
II. Presented in one of the following ways:
(a) Whole
(b) Gilled and gutted
(c) Other (for example heads of)
(*) Reference to weight applies to the whole product.
1992R3759 — EN — 01.01.1995 — 001.001 — 27
▼B
CN code Description
Falling within one of the following CN codes
The following speciesFish, frozen,
excluding fish
fillets and
other fish
meatof
heading No
0304Fish, fillets
and other fish
meat(whet her
or not
minced),
frozenSalted fish,
whether or
notdriedPrepared or
preserved fish
of heading No
1604Frozen crusta-
ceansANNEX IV
A.Live, fresh, chilled or frozen products:
1. 0301 91 00, 0302 11 00, 0303 21 00,
0304 10 11, ex 0304 10 91, 0304 20 11 andex 0304 90 10Trout(Salmotrutta, Salmogairdneri, Salmo
clarki, Salmoaguabo nita, Salmogilae)
0301 93 00, 0302 69 11, 0303 79 11,
ex 0304 10 19, ex 0304 10 91, ex 0304 20 19and ex 0304 90 10Carp
2. 0301 99 11, 0302 12 00, 0303 10 00,
0303 22 00, 0304 10 13, ex 0304 10 91,0304 20 13 and ex 0304 90 10Pacific salmon (Oncorhynchus spp.), Atlantic
salmon(Salmosalar) and Danube salmon
(Huchohucho )
0306 12 and 0306 22 Lobster(Homarus spp.)
B.Frozen or salted products; frozen crustaceans:
Coalfish(Polla-
chius virens)03037300 03042031and03049041 ex03053090,ex03055990andex03056990ex16041991
Cod of the speciesGadus morhua 03036011 ex03042029and03049038 ex03053019,ex03055190andex03056200ex16041991
Dogfish(Squalus
acanthias and
Scyliorhinus spp.)03037520
and0303755003042061andex03049097 ex03053090,ex03055990andex03056990ex16041991
Haddock (Melanog-
rammus aeglefinus)03037200 03042033and03049045 ex03053090,ex03055990andex03056990ex16041991
Hake of the speciesMerluccius merluc-cius ex03037810 ex03049047 ex03053090,ex03055990andex03056990ex16041991
Herring of thespeciesClupea
harengusex03035010andex03035090 ex03042075,ex03049021andex03049025ex03053090,ex03055930andex03056100ex16041210
Ling(Molva spp.) 03037951 03042043
andex03049097ex03053090,ex03055990andex03056990ex16041991
Mackerel of thespeciesScomber
scombrus and
Scomber japonicus03037411and03037419 ex03042053andex03049097 ex03053090,ex03055990andex03056990ex16041510
1992R3759 — EN — 01.01.1995 — 001.001 — 28
▼B
Falling within one of the following CN codes
The following speciesFish, frozen,
excluding fish
fillets and
other fish
meatof
heading No
0304Fish, fillets
and other fish
meat(whet her
or not
minced),
frozenSalted fish,
whether or
notdriedPrepared or
preserved fish
of heading No
1604Frozen crusta-
ceans
CN code DescriptionMegrim(Lepidor-
hombus spp.)03033920 03042079
and03049051ex03053090,ex03055990andex03056990ex16041991
Monkfish (Lophius
spp.)03037981 03042083and03049057 ex03053090,ex03055990andex03056990ex16041991
Plaice(Pleuro-
nectes platessa)03033200 03042071andex03049097 ex03053090,ex03055990andex03056990ex16041991
Ray’s bream(Brama spp.) 03037975 03042081
and03049055ex03053090,ex03055990andex03056990ex16041991
Redfish(Sebastes
spp.)03037935and03037937 03042035,03042037and03049031ex03053090,ex03055990andex03056990ex16041991
Whiting(Merlangus
merlangus)03037945 03042041andex03049097 ex03053090,ex03055990andex03056990ex16041991
Edible crabs(Cancer pagurus) 03061430
Norway lobsters
(Nephrops norve-gicus)03061930
Sardines(Sardina
pilchardus)03037110 ex03042097ex03049097 ex16042050ex16041311ex16041319
Tuna (of the genusThunnus and fish of
the genusEuthynnusex03042045ex03042045 ex16041419ex16042070
C.Preserved products:
1. 1604 13 11, 1604 13 19 and ex 1604 20 50 Sardines
2. ex 1604 14 11, ex 1604 14 19, ex 1604 19 30
and ex 1604 20 70Tuna(Thunnus spp.), Skipjack or stripe-bellied
bonito[Euthynnus (Katsuwonus) pelamis] and
other species of the genus Euthynnus
1992R3759 — EN — 01.01.1995 — 001.001 — 29
▼B
Falling within one of the following CN codes
The following speciesFish, frozen,
excluding fish
fillets and other
fish meatof
heading No 0304Fish fillets and
other fish meat
(whether or not
minced), frozenSalted fish,
whether or not
driedFish fillets, raw,
merely coated
with batter or
breadcrumbs,
whether or not
pre-fried in oil,
deep frozenCrustaceansANNEX V
Frozen or salted products; frozen or salted crustaceans; shelled and simply cooked by steaming
or by boiling in water
Alaska pollack
(Theragra chalcog-ramma)ex 0303 79 55 0304 20 85and0304 90 61 ex 0305 30 90,ex 0305 59 90andex 0305 69 90ex 1604 19 91
Fish of the speciesBoreogadus saida 0303 79 41 ex 0304 20 29andex 0304 90 39 ex 0305 30 19,ex 0305 59 19andex 0305 69 10ex 1604 19 91
Cod of the speciesGadus ogac and
Gadus macroce-phalus0303 60 19and0303 60 90 0304 20 21,ex 0304 20 29,0304 90 35 andex 0304 90 39ex 0305 30 11,ex 0305 30 19,ex 0305 51 90andex 0305 62 00ex 1604 19 91
Flounder (Platich-
thys flesus)0303 39 10 0304 20 73and0304 90 97 ex 0305 30 90,ex 0305 59 90andex 0305 69 90ex 1604 19 91
Hake(Merluccius
spp., exceptt hespeciesMerluccius
merluccius)ex 0304 90 47 ex 0305 30 90,ex 0305 59 90andex 0305 69 90ex 1604 19 91
Herring of thespeciesClupea
pallasiiex 0303 50 10andex 0303 50 90 ex 0304 20 75,ex 0304 90 21andex 0304 90 25ex 0305 30 90,ex 0305 59 30andex 0305 61 00ex 1604 12 10
Fish of the speciesOrcynopsis unicolor 0303 79 61and0303 79 63 ex 0304 20 53andex 0304 90 97 ex 0305 30 90,ex 0305 59 90andex 0305 69 90ex 1604 19 50
Pollack(Pollachius
pollachius)ex 0303 79 55 ex 0304 20 98andex 0304 90 97 ex 0305 30 90,ex 0305 59 90andex 0305 69 90ex 1604 19 91
Swordfish (Xiphias
gladius)0303 79 87 ex 0304 20 870304 90 65 ex 0305 30 90,ex 0305 59 90andex 0305 69 90ex 1604 19 91
Shrimps andprawns, other thanshrimps of thespeciesCrangon
crangon— frozen
ex 0306 13
— salted:
ex 0306 23 10,
ex 0306 23 39andex 0306 23 90
— shelled and
simplycooked bysteaming orby boilingin water
ex 1605 20 00
1992R3759 — EN — 01.01.1995 — 001.001 — 30
▼B
Fresh or chilled products of the following species CN codeANNEX VI
1. Lemon sole (Microstomus kitt) ex 0302 29 90
2. Bluefin tunas (Thunnus thynnus) ex 0302 39 10
ex 0302 39 90
3. Pollack (Pollachius pollachius) ex 0302 69 51
4. Blue whiting (Micromesistius poutassou orGadus poutassou) 0302 69 85
5. Pout (Trisopterus luscus) and Mediterranean cod (Trisopterus
minutus)ex 0302 69 97
6. Bogue (Boops boops) ex 0302 69 97
7. Picarel (Maena smaris) ex 0302 69 97
8. Conger (Conger conger) ex 0302 69 97
9. Gurnard (Trigla spp.) ex 0302 69 97
10. Horse mackerel (Trachurus spp.) ex 0302 69 97
11. Mullet (Mugil spp.) ex 0302 69 97
12. Skate (Raja spp.) ex 0302 69 97 and
ex 0304 10 98
13. Scabbard fish (Lepidopus caudatus) — and(Aphanopus carbo) ex 0302 69 97
1992R3759 — EN — 01.01.1995 — 001.001 — 31
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5▼M1
ANNEX VII
0301 Live fish:
0301 10 – Ornamental fish:
0301 10 10 – – Freshwater fish 10 Free —
0301 10 90 – – Saltwater fish 15 15 —
– Other live fish:
0301 91 00 – – Trout (Salmotrutta, Salmogairdneri, Salmo
clarki, Salmoaguabo nita, Salmogilae) (1)16 12 —
0301 92 00 – – Eels (Anguilla spp.) 10 3—
0301 93 00 – – Carp 10 8—
0301 99 – – Other:
– – – Freshwater fish:
0301 99 11 –––– Pacific salmon (Oncorhynchus spp.),
Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho ) (2)16 2—
0301 99 19 ––––O th e r 10 8—
0301 99 90 – – – Saltwater fish 17 16 —
0302 Fish, fresh or chilled, excluding fish fillets and
other fish meat of heading No 0304:
– Salmonidae, excluding livers and roes:
0302 11 00 – – Trout (Salmotrutta, Salmogairdneri, Salmo
clarki, Salmoaguabo nita, Salmogilae) (1)16 12 —
0302 12 00 – – Pacific salmon (Oncorhynchus spp.),
Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho ) (2)16 2—
0302 19 00 – – Other 16 8—
– Flatfish (Pleuronectidae, Bothidae, Cynoglos-
sidae, Soleidae, Scophthalmidae andCitharidae),
excluding liver and roes:
0302 21 – – Halibut (Reinhardtius hippoglossoides,
Hippoglossus hippoglossus, Hippoglossus steno-lepis):
0302 21 10 – – – Lesser or Greenland halibut (Reinhard-
tius hippoglossoides)15 8—
0302 21 30 –––A t lantic halibut (Hippoglossus hippo-
glossus)15 8—
0302 21 90 – – – Pacific halibut (Hippoglossus stenolepis) 15 15 —
0302 22 00 – – Plaice (Pleuronectes platessa) 15 15 —
0302 23 00 – – Sole (Solea spp.) 15 15 —
0302 29 – – Other:
0302 29 10 – – – Megrim (Lepidorhombus spp.) 15 15 —
0302 29 90 –––O th e r 15 15 —
– Tunas (of genus Thunnus ), skipjack or stripe-
bellied bonito (Euthynnus (Katsuwonus)
pelamis) , excluding livers and roes:
0302 31 – – Albacore or longfinned tunas (Thunnus
alalunga):
0302 31 10 – – – For the industrial manufacture of prod-ucts falling within heading No 1604 (
3)25 (4)(5)22 (4)(6)—
1992R3759 — EN — 01.01.1995 — 001.001 — 32
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0302 31 90 –––O th e r 25 (4) 22 (4)(6)—
0302 32 – – Yellowfin tunas (Thunnus albacares):
0302 32 10 – – – For the industrial manufacture of prod-
ucts falling within heading No 1604 (3)25 (4)(5)22 (4)(6)—
0302 32 90 –––O th e r 25 (4) 22 (4)(6)—
0302 33 – – Skipjack or stripebellied bonito:
0302 33 10 – – – For the industrial manufacture of prod-ucts falling within heading No 1604 (
3)25 (4)(5)22 (4)(6)—
0302 33 90 –––O th e r 25 (4) 22 (4)(6)—
0302 39 – – Other:
0302 39 10 – – – For the industrial manufacture of prod-ucts falling within heading No 1604 (
3)25 (4)(5)22 (4)(6)—
0302 39 90 –––O th e r 25 (4) 22 (4)(6)—
0302 40 – Herrings (Clupea harengus, Clupea pallasii),
excluding livers and roes:
0302 40 10 – – From 15 February to 15 June Free Free —
0302 40 90 – – From 16 June to 14 February 20 (4) 15 (4)(7)—
0302 50 – God(Gadus morhua, Gadus ogac, Gadus
macrocephalus), excluding livers and roes:
0302 50 10 – – Of the species Gadus morhua 15 12 —
0302 50 90 – – Other 15 15 —
– Other fish, excluding livers and roes:
0302 61 – – Sardines (Sardina pilchardus, Sardinops
spp.), sardinella ( Sardinella spp.), brisling or
sprats(Sprattus sprattus):
0302 61 10 – – – Sardines of the species Sardina
pilchardus25 23 —
0302 61 30 – – – Sardines of the genus Sardi-
nops; sardinella (Sardinella spp.)15 15 —
– – – Brisling or sprats (Sprattus sprattus):
0302 61 91 –––– From 15 February to 15 June Free Free —
0302 61 99 –––– From 16 June to 14 February 20 13 —
0302 62 00 – – Haddock (Melanogrammus aeglefinus) 15 15 —
0302 63 00 – – Coalfish (Pollachius virens) 15 15 —
0302 64 – – Mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus):
0302 64 10 – – – From 15 February to 15 June Free Free —
0302 64 90 – – – From 16 June to 14 February 20 20 —
0302 65 – – Dogfish and other sharks:
0302 65 20 – – – Dogfish of the species (Squalus acan-
thias)15 8(8)—
0302 65 50 – – – Dogfish of the species (Scyliorhinus spp.) 15 8—
0302 65 90 –––O th e r 15 8—
0302 66 00 – – Eels (Anguilla spp.) 10 3—
0302 69 – – Other:
– – – Freshwater fish:
0302 69 11 –––– Carp 10 8—
0302 69 19 ––––O th e r 10 8—
1992R3759 — EN — 01.01.1995 — 001.001 — 33
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
– – – Saltwater fish:
–––– Fish of the genus Euthynnus, other
than the skipjack or stripebellied bonitos(Euthynnus (Katsuwonus) pelamis) mentioned in
subheading 0302 33:
0302 69 21 –––––F o r th e industrial manufacture of
products falling within heading No 1604 (3)25 (4)(5)22 (4)(9)—
0302 69 25 –––––O th e r 25 (4) 22 (4)(9)—
–––– Redfish(Sebastes spp.):
0302 69 31 –––––O f th e speciesSebastes marinus 15 8—
0302 69 33 –––––O th e r 15 15 —
0302 69 35 –––– Fish of the species Boreogadus saida 15 12 —
0302 69 41 –––– Whiting(Merlangus merlangus) 15 15 —
0302 69 45 –––– Ling(Molva spp.) 15 15 —
0302 69 51 –––– Alaska pollack (Theragra chalcog-
ramma) and pollack (Pollachius pollachius)15 15 —
0302 69 55 –––– Anchovies (Engraulis spp.) 15 15 —
0302 69 61 ––––S e a bream(Dentex dentex and
Pagellus spp.)15 15 —
0302 69 65 –––– Hake(Merluccius spp.,Urophycis spp.) 15 15 (10)—
0302 69 75 –––– Ray’s bream (Brama spp.) 15 15 —
0302 69 81 –––– Monkfish (Lophius spp.) 15 15 —
0302 69 85 –––– Blue whiting (Micromesistius
poutassou orGadus poutassou )15 15 —
0302 69 87 –––– Swordfish (Xiphias gladius) 15 15 —
0302 69 91 –––– Horse mackerel (scad) (Caranx
trachusus, Trachurus trachurus)15 15 —
0302 69 97 ––––O th e r 15 15 —
0302 70 00 – Livers and roes 14 10 —
0303 Fish, frozen, excluding fish fillets and other fishmeatof heading No 0304:
0303 10 00 – Pacific salmon (Oncorhynchus spp.),
excluding livers and roes (11)16 2—
– Other salmonidae, excluding livers and roes:
0303 21 00 – – Trout (Salmotrutta, Salmogairdneri, Salmo
clarki, Salmoaguabo nita, Salmogilae) (1)16 12 —
0303 22 00 – – Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho )16 2—
0303 29 00 – – Other 16 9—
– Flatfish (Pleuronectidae, Bothidae, Cynoglos-
sidae, Soleidae, Scophthalmidae andCitharidae),
excluding livers and roes:
0303 31 – – Halibut (Reinhardtius hippoglossoides,
Hippoglossus hippoglossus, Hippoglossus steno-lepis):
0303 31 10 – – – Lesser or Greenland halibut (Reinhard-
tius hippoglossoides)15 8—
0303 31 30 –––A t lantic halibut (Hippoglossus hippo-
glossus)15 8—
1992R3759 — EN — 01.01.1995 — 001.001 — 34
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0303 31 90 – – – Pacific halibut (Hippoglossus stenolepis) 15 15 —
0303 32 00 – – Plaice (Pleuronectes platessa) 15 15 —
0303 33 00 – – Sole (Solea spp.) 15 15 —
0303 39 – – Other:
0303 39 10 – – – Flounder (Platichthys flesus) 15 15 —
0303 39 20 – – – Megrim (Lepidorhombus spp.) 15 15 —
0303 39 90 –––O th e r 15 15 —
– Tunas (of the genus Thunnus ), skipjack or stri-
pebellied bonito (Euthynnus (Katsuwonus)
pelamis), excluding livers and roes:
0303 41 – – Albacore or longfinned tunas (Thunnus
alalunga):
– – – For the industrial manufacture of prod-ucts falling within heading No 1604 (
3)
0303 41 11 –––– Whole 25 (4)(5)22 (4)(6)—
0303 41 13 –––– Gilled and gutted 25 (4)(5)22 (4)(6)—
0303 41 19 ––––O th e r (for example ‘heads off') 25 (4)(5)22 (4)(6)—
0303 41 90 –––O th e r 25 (4) 22 (4)(6)—
0303 42 – – Yellowfin tunas (Thunnus albacares):
– – – For the industrial manufacture of prod-
ucts falling within heading No 1604 (3):
–––– Whole:
0303 42 12 ––––– Weighing more than 10 kg each 25 (4)(5)20 (4)(6)—
0303 42 18 –––––O th e r 25 (4)(5)20 (4)(6)—
–––– Gilled and gutted:
0303 42 32 ––––– Weighing more than 10 kg each 25 (4)(5)22 (4)(6)—
0303 42 38 –––––O th e r 25 (4)(5)22 (4)(6)—
––––O th e r (for example ‘heads off'):
0303 42 52 ––––– Weighing more than 10 kg each 25 (4)(5)22 (4)(6)—
0303 42 58 –––––O th e r 25 (4)(5)22 (4)(6)—
0303 42 90 –––O th e r 25 (4) 22 (4)(6)—
0303 43 – – Skipjack or stripebellied bonito:
– – – For the industrial manufacture of prod-
ucts falling within heading No 1604 (3):
0303 43 11 –––– Whole 25 (4)(5)22 (4)(6)—
0303 43 13 –––– Gilled and gutted 25 (4)(5)22 (4)(6)—
0303 43 19 ––––O th e r (for example ‘heads off') 25 (4)(5)22 (4)(12)—
0303 43 90 –––O th e r 25 (4) 22 (4)(12)—
0303 49 – – Other:
– – – For the industrial manufacture of prod-
ucts falling within heading No 1604 (3):
0303 49 11 –––– Whole 25 (4)(5)22 (4)(12)—
0303 49 13 –––– Gilled and gutted 25 (4)(5)22 (4)(12)—
0303 49 19 ––––O th e r (for example ‘heads off') 25 (4)(5)22 (4)(12)—
0303 49 90 –––O th e r 25 (4) 22 (4)(12)—
0303 50 – Herrings (Clupea harengus, Clupea pallasii),
excluding livers and roes:
1992R3759 — EN — 01.01.1995 — 001.001 — 35
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0303 50 10 – – From 15 February to 15 June Free Free —
0303 50 90 – – From 16 June to 14 February 20 (4) 15 (4)(7)—
0303 60 – Cod(Gadus morhua, Gadus ogac, Gadus
macrocephalus), excluding livers and roes:
0303 60 11 – – Of the species Gadus morhua 15 12 (13)—
0303 60 19 – – Of the species Gadus ogac 15 15 (13)—
0303 60 90 – – Of the species Gadus macrocephalus 15 15 —
– Other fish, excluding livers and roes:
0303 71 – – Sardines (Sardina pilchardus, Sardinops
spp.), sardinella ( Sardinella spp.), brisling or
sprats(Sprattus sprattus):
0303 71 10 – – – Sardines of the species Sardina
pilchardus25 23 —
0303 71 30 – – – Sardines of the genus Sardinops; sardi-nella(Sardinella spp.) 15 15 —
– – – Brisling or sprats (Sprattus sprattus):
0303 71 91 –––– From 15 February to 15 June Free Free —
0303 71 99 –––– From 16 June to 14 February 20 13 —
0303 72 00 – – Haddock (Melanogrammus aeglefinus) 15 15 —
0303 73 00 – – Coalfish (Pollachius virens) 15 15 —
0303 74 – – Mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus):
–––O f th e speciesScomber scombrus and
Scomber japonicus:
0303 74 11 –––– From 15 February to 15 June Free Free —
0303 74 19 –––– From 16 June to 14 February 20 20 —
0303 74 90 –––O f th e speciesScomber australasicus 15 15 —
0303 75 – – Dogfish and other sharks:
0303 75 20 – – – Dogfish of the species Squalus acanthias 15 8(8)—
0303 75 50 – – – Dogfish of the species Scyliorhinus spp. 15 8—
0303 75 90 –––O th e r 15 8—
0303 76 00 – – Eels ( Anguilla spp.) 10 3—
0303 77 00 – – Sea bass (Dicentrarchus labrax, Dicen-
trarchus punctatus)15 15 —
0303 78 – – Hake ( Merluccius spp.,Urophycis spp.):
0303 78 10 – – – Hake of the genus Merluccius 15 15 (10)—
0303 78 90 – – – Hake of the genus Urophycis 15 15 —
0303 79 – – Other:
– – – Freshwater fish:
0303 79 11 –––– Carp 10 8—
0303 79 19 ––––O th e r 10 8—
– – – Saltwater fish:
–––– Fish of the genus Euthynnus, other
than the skipjack or stripebellied bonitos(Euthynnus (Katsuwonus) pelamis) mentioned in
subheading 0303 43:
–––––F o r th e industrial manufacture of
products falling within heading No 1604 (3):
1992R3759 — EN — 01.01.1995 — 001.001 — 36
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0303 79 21 –––––– Whole 25 (4)(5)22 (4)(14)—
0303 79 23 –––––– Gilled and gutted 25 (4)(5)22 (4)(14)—
0303 79 29 ––––––O th e r (for example ‘heads off') 25 (4)(5)22 (4)(14)—
0303 79 31 –––––O th e r 25 (4) 22 (4)(14)—
–––– Redfish(Sebastes spp.):
0303 79 35 –––––O f th e speciesSebastes marinus 15 8—
0303 79 37 –––––O th e r 15 15 —
0303 79 41 –––– Fish of the species Boreogadus saida 15 12 (13)—
0303 79 45 –––– Whiting(Merlangus merlangus) 15 15 —
0303 79 51 –––– Ling(Molva spp.) 15 15 —
0303 79 55 –––– Alaska pollack (Theragra chalcog-
ramma) and pollack (Pollachius pollachius)15 15 —
–––– Fish of the species Orcynopsis
unicolor:
0303 79 61 ––––– From 15 February to 15 June Free Free —
0303 79 63 ––––– From 16 June to 14 February 20 20 —
0303 79 65 –––– Anchovies (Engraulis spp.) 15 15 —
0303 79 71 ––––S e a bream(Dentex dentex and
Pagellus spp.)15 15 —
0303 79 75 –––– Ray’s bream (Brama spp.) 15 15 —
0303 79 81 –––– Monkfish ( Lophius spp.) 15 15 —
0303 79 83 –––– Blue whiting (Micromesistius
poutassou orGadus poutassou)15 15 —
0303 79 87 –––– Swordfish (Xiphias gladius) 15 15 —
0303 79 91 –––– Horse mackerel (scad) (Caranx
trachurus, Trachurus trachurus)15 15 —
0303 79 97 ––––O th e r 15 15 —
0303 80 00 – Livers and roes 14 10 —
0304 Fish fillets and other fish meat (whether or notminced), fresh, chilled or frozen:
0304 10 – Fresh or chilled:
– – Fillets:
–––O f freshwater fish:
0304 10 11 ––––O f t rout(Salmotrutta, Salmogaird-
neri, Salmoclarki, Salmoaguabo nita, Salmogilae) (
1)16 12 —
0304 10 13 ––––O f Pacific salmon (Oncorhynchus
spp.), Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho ) (15)16 2—
0304 10 19 ––––O f o th e r freshwater fish 13 9—
–––O t her:
0304 10 31 ––––O f c o d (Gadus morhua, Gadus ogac,
Gadus macrocephalus) and of fish of the species
Boreogadus saida18 18 —
1992R3759 — EN — 01.01.1995 — 001.001 — 37
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0304 10 33 ––––O f coalfish(Pollachius virens) 18 18 —
0304 10 35 ––––O f redfish (Sebastes spp.) 18 18 —
0304 10 38 ––––O th e r 18 18 —
– – Other fish meat (whether or not minced):
0304 10 91 –––O f freshwater fish 8 8—
–––O t her:
–––– Flaps of herring:
0304 10 92 ––––– From 15 February to 15 June Free Free —
0304 10 93 ––––– From 16 June to 14 February 20 15 (7)—
0304 10 98 ––––O th e r 18 15 (7)—
0304 20 – Frozen fillets:
– – Of freshwater fish:
0304 20 11 –––O f t rout(Salmotrutta, Salmogairdneri,
Salmoclarki, Salmoaguabo nita, Salmogilae) (1)16 12 —
0304 20 13 –––O f Pacific salmon ( Oncorhynchus spp.),
Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho ) (15)16 2—
0304 20 19 –––O f o th e r freshwater fish 13 9—
––O f c o d (Gadus morhua, Gadus macroce-
phalus, Gadus ogac) and of fish of the species
Boreogadus saida:
0304 20 21 –––O f c o d o f th e speciesGadus macroce-
phalus18 15 —
0304 20 29 –––O th e r 18 15 (16)(13)—
0304 20 31 – – Of coalfish (Pollachius virens) 18 15 —
0304 20 33 – – Of haddock (Melanogrammus aeglefinus) 18 15 —
– – Of redfish (Sebastes spp.):
0304 20 35 –––O f th e speciesSebastes marinus 18 12 —
0304 20 37 –––O th e r 18 15 —
0304 20 41 – – Of whiting (Merlangus merlangus) 18 15 —
0304 20 43 – – Of ling (Molva spp.) 18 15 —
0304 20 45 – – Of tuna (of the genus Thunnus ) and of fish
of the genus Euthynnus18 18 —
– – Of mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus) and of fish of
the species Orcynopsis unicolor:
0304 20 51 –––O f mackerel of the species Scomber
australasicus18 15 —
0304 20 53 –––O th e r 18 15 —
– – Of hake (Merluccius spp.,Urophycis spp.):
0304 20 57 –––O f hake of the genus Merluccius 18 15 (17)(18)—
0304 20 59 –––O f hake of the genus Urophycis 18 15 —
– – Of dogfish and other sharks:
0304 20 61 –––O f dogfish(Squalus acanthias and
Scyliorhinus spp.)18 15 —
1992R3759 — EN — 01.01.1995 — 001.001 — 38
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Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0304 20 69 –––O f o th e r sharks 18 15 —
0304 20 71 – – Of plaice (Pleuronectes platessa) 18 15 —
0304 20 73 – – Of flounder (Platichthys flesus) 18 15 —
0304 20 75 – – Of herring (Clupea harengus, Clupea
pallasii)18 15 —
0304 20 79 – – Of megrim (Lepidorhombus spp.) 18 15 —
0304 20 81 – – Of Ray’s bream (Brama spp.) 18 15 —
0304 20 83 – – Of monkfish (Lophius spp.) 18 15 —
0304 20 85 – – Of Alaska pollack (Theragra chalcog-
ramma)18 15 —
0304 20 87 – – Of swordfish (Xiphias gladius) 18 15 —
0304 20 97 – – Other 18 15 —
0304 90 – Other:
0304 90 05 – Surimi 15 15 —
– – Other:
0304 90 10 – – Of freshwater fish 8 8—
– – Other:
–––O f herring(Clupea harengus, Clupea
pallasii):
0304 90 21 –––– From 15 February to 15 June Free Free —
0304 90 25 –––– From 16 June to 14 February 20 (4) 15 (4)(7)—
0304 90 31 –––O f redfish(Sebastes spp.) 15 8—
–––O f c o d (Gadus morhua, Gadus ogac,
Gadus macrocephalus) and of fish of the species
Boreogadus saida:
0304 90 35 ––––O f c o d o f th e speciesGadus macroce-
phalus15 15 —
0304 90 38 ––––O f c o d o f th e speciesGadus morhua 15 12 (13)—
0304 90 39 ––––O th e r 15 15 (13)—
0304 90 41 –––O f coalfish(Pollachius virens) 15 15 —
0304 90 45 –––O f haddock(Melanogrammus aeglefinus) 15 15 —
–––O f hake (Merluccius spp.,Urophycis
spp.):
0304 90 47 ––––O f hake of the genus Merluccius 15 15 (19)—
0304 90 49 ––––O f hake of the genus Urophycis 15 15 —
0304 90 51 –––O f megrim(Lepidorhombus spp.) 15 15 —
0304 90 55 –––O f Ray’s bream (Brama spp.) 15 15 —
0304 90 57 –––O f monkfish (Lophius spp.) 15 15 —
0304 90 59 –––O f blue whiting ( Micromesistius
poutassou orGadus poutassou )15 15 —
0304 90 61 –––O f Alaska pollack (Theragra chalcog-
ramma)15 15 —
0304 90 65 –––O f swordfish (Xiphias gladius) 15 15 —
0304 90 97 –––O th e r 15 15 —
0305 Fish, dried, salted or in brine; smoked fish,
whether or not cooked before or during thesmoking process; flours, meals and pellets offish, fitfor human consumpt ion:
1992R3759 — EN — 01.01.1995 — 001.001 — 39
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Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0305 10 00 – Flours, meals and pellets of fish, fit for human
consumption15 13 —
0305 20 00 – Livers and roes, dried, smoked, salted or inbrine 15 11 —
0305 30 – Fish fillets, dried, salted or in brine, but notsmoked:
––O f c o d (Gadus morhua, Gadus ogac, Gadus
macrocephalus) and of fish of the species Boreo-
gadus saida:
0305 30 11 –––O f c o d o f th e speciesGadus macroce-
phalus18 16 —
0305 30 19 –––O th e r 20 20 —
0305 30 30 – – Of Pacific salmon (Oncorhynchus spp.),
Atlantic salmon (Salmosalar), and Danube
salmon(Huchohucho ), salted or in brine (21)18 15 —
0305 30 50 – – Of lesser or Greenland halibut (Reinhard-
tius hippoglossoides), salted or in brine18 15 —
0305 30 90 – – Other 18 16 —
– Smoked fish, including fillets:
0305 41 00 – – Pacific salmon ( Oncorhynchus spp.),
Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho ) ed or in brine (21)16 13 —
0305 42 00 – – Herrings (Clupea harengus, Clupea
pallasii)16 10 —
0305 49 – – Other:
0305 49 10 – – – Lesser or Greenland halibut (Reinhard-
tius hippoglossoides)16 15 —
0305 49 20 –––A t lantic halibut (Hippoglossus hippo-
glossus)16 16 —
0305 49 30 – – – Mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus)16 14 —
0305 49 40 – – – Trout (Salmotrutta, Salmogairdneri,
Salmoclarki, Salmoaguabo nita, Salmogilae) (1)16 14 —
0305 49 50 – – – Eels (Anguilla spp.) 16 14 —
0305 49 90 –––O th e r 16 14 —
– Dried fish, whether or not salted but not
smoked:
0305 51 – – Cod (Gadus morhua, Gadus ogac, Gadus
macrocephalus):
0305 51 10 – – – Dried, unsalted 13 13 (20)—
0305 51 90 – – – Dried, salted 13 13 (20)—
0305 59 – – Other:
– – – Fish of the species Boreogadus saida:
0305 59 11 –––– Dried, unsalted 13 13 (20)—
0305 59 19 –––– Dried, salted 13 13 (20)—
0305 59 30 – – – Herrings (Clupea harengus, Clupea
pallasii)12 12 —
0305 59 50 – – – Anchovies (Engraulis spp.) 15 10 —
0305 59 60 – – – Lesser or Greenland halibut (Reinhard-
tius hippoglossoides), and Pacific halibut (Hippo-
glossus stenolepis)15 12 —
1992R3759 — EN — 01.01.1995 — 001.001 — 40
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0305 59 70 –––A t lantic halibut (Hippoglossus hippo-
glossus)15 ——
0305 59 90 –––O th e r 15 12 —
– Fish, salt ed, butnotdried or smoked and fishin brine:
0305 61 00 – – Herrings (Clupea harengus, Clupea
pallasii)12 12 —
0305 62 00 – – Cod (Gadus morhua, Gadus ogac, Gadus
macrocephalus)13 13 (22)—
0305 63 00 – – Anchovies (Engraulis spp.) 15 10 —
0305 69 – – Other:
0305 69 10 – – – Fish of the species Boreogadus saida 13 13 (22)—
0305 69 20 – – – Lesser or Greenland halibut (Reinhard-
tius hippoglossoides) and Pacific halibut (Hippo-
glossus stenolepis)15 12 —
0305 69 30 –––A t lantic halibut (Hippoglossus hippo-
glossus)15 ——
0305 69 50 – – – Pacific salmon (Oncorhynchus spp.),
Atlantic salmon (Salmosalar) and Danube
salmon(Huchohucho ) (23)15 11 —
0305 69 90 –––O th e r 15 12 —
0306 Crustaceans, whether in shell or not, live, fresh,
chilled, frozen, dried, salted or in brine; crusta-ceans, in shell, cooked by steaming or by boilingin water, whether or not chilled, frozen, dried,salted or in brine:
– Frozen:
0306 11 00 – – Rock lobster and other sea crawfish (Pali-
nurus spp.,Panulirus spp.,Jasus spp.)25 (24)—
0306 12 – – Lobsters (Homarus spp.):
0306 12 10 – – – Whole 25 8(13)—
0306 12 90 –––O th e r 25 16 —
0306 13 – – Shrimps and prawns:
0306 13 10 –––O f th e familyPandalidae 18 12 —
0306 13 30 – – – Shrimps of the genus Crangon 18 18 —
0306 13 90 –––O th e r 18 18 —
0306 14 – – Crabs:
0306 14 10 – – – Crabs of the species Paralithodes
camchaticus, Chionoecetes spp. andCallinectes
sapidus18 8—
0306 14 30 – – – Crabs of the species Cancer pagurus 18 15 —
0306 14 90 –––O th e r 18 15 —
0306 19 – – Other, including flours, meals and pellets of
crustaceans, fit for human consumption:
0306 19 10 – – – Freshwater crayfish 18 15 —
0306 19 30 – – – Norway lobsters (Nephrops norvegicus) 14 12 —
0306 19 90 –––O th e r 14 12 —
– Notfrozen:
0306 21 00 – – Rock lobster and other sea crawfish (Pali-
nurus spp.,Panulirus spp.,Jasus spp.)25 (24)—
1992R3759 — EN — 01.01.1995 — 001.001 — 41
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Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0306 22 – – Lobsters (Homarus spp.):
0306 22 10 – – – Live 25 8(13)—
–––O t her:
0306 22 91 –––– Whole 25 8(13)—
0306 22 99 ––––O th e r 25 20 —
0306 23 – – Shrimps and prawns:
0306 23 10 –––O f th e familyPandalidae 18 12 —
– – – Shrimps of the genus Crangon:
0306 23 31 –––– Fresh, chilled or cooked by steaming
or by boiling in water18 18 —
0306 23 39 ––––O th e r 18 18 —
0306 23 90 –––O th e r 18 18 —
0306 24 – – Crabs:
0306 24 10 – – – Crabs of the species Paralithodes
camchaticus, Chionoecetes spp. andCallinectes
sapidus18 8—
0306 24 30 – – – Crabs of the species Cancer pagurus 18 15 —
0306 24 90 –––O th e r 18 15 —
0306 29 – – Other, including flours, meals and pellets of
crustaceans, fit for human consumption:
0306 29 10 – – – Freshwater crayfish 18 15 —
0306 29 30 – – – Norway lobsters (Nephrops norvegicus) 14 12 —
0306 29 90 –––O th e r 14 12 —
0307 Molluscs, whether in shell or not, live, fresh,
chilled, frozen, dried, salted or in brine; aquaticinvertebrates other than crustaceans andmolluscs, live, fresh, chilled, frozen, dried, saltedor in brine; flours, meals and pellets of aquaticinvertebrates other than crustaceans, fit forhuman consumption:
0307 10 – Oysters:
0307 10 10 – – Flat oysters (of the genus Ostrea ), live and
weighing (shell included) notmore t han 40 geachFree Free —
0307 10 90 – – Other 18 18 —
– Scallops, including queen scallops, of thegeneraPecten, Chlamys orPlacopecten:
0307 21 00 – – Live, fresh or chilled 8 8—
0307 29 – – Other:
0307 29 10 – – – Coquilles StJacques (Pecten maximus),
frozen8 8—
0307 29 90 –––O th e r 8 8—
– Mussels ( Mytilus spp.,Perna spp.):
0307 31 – – Live, fresh or chilled:
0307 31 10 –––Mytilus spp. 10 10 —
0307 31 90 –––Perna spp. 8 8—
0307 39 – – Other:
0307 39 10 –––Mytilus spp. 10 10 —
0307 39 90 –––Perna spp. 8 8—
1992R3759 — EN — 01.01.1995 — 001.001 — 42
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
– Cuttle fish (Sepia officinalis, Rossia macro-
soma, Sepiola spp.); and squid ( Ommastrephes
spp.,Loligo spp.,Nototodarus spp.,Sepioteuthis
spp.):
0307 41 – – Live, fresh or chilled:
0307 41 10 – – – Cuttle fish (Sepia officinalis, Rossia
macrosoma, Sepiola spp.)8 8—
– – – Squid (Ommastrephes spp.,Loligo spp.,
Nototodarus spp.,Sepioteuthis spp.):
0307 41 91 –––– Loligo spp.,Ommastrephes sagittatus 8 6—
0307 41 99 ––––O th e r 8 8—
0307 49 – – Other:
– – – Frozen:
––––C u ttl e fish(Sepia officinalis, Rossia
macrosoma, Sepiola spp.):
0307 49 11 –––––O f th e genusSepiola other than
Sepiola rondeleti8 8—
0307 49 19 –––––O th e r 8 8—
–––– Squid(Ommastrephes spp.,Loligo
spp.,Nototodarus spp.,Sepioteuthis spp.):
––––– Loligo spp.:
0307 49 31 –––––– Loligo vulgaris 8 6—
0307 49 33 –––––– Loligo pealei 8 6—
0307 49 35 –––––– Loligo patagonica 8 6—
0307 49 38 ––––––O th e r 8 6—
0307 49 51 ––––– Ommastrephes sagittatus 8 6—
0307 49 59 –––––O th e r 8 8—
–––O t her:
0307 49 71 ––––C u ttl e fish(Sepia officinalis, Rossia
macrosoma, Sepiola spp.)8 8—
–––– Squid (Ommastrephes spp.,Loligo
spp.,Nototodarus spp.,Sepioteuthis spp.):
0307 49 91 ––––– Loligo spp.,Ommastrephes sagit-
tatus8 6—
0307 49 99 –––––O th e r 8 8—
– Octopus (Octopus spp.):
0307 51 00 – – Live, fresh or chilled 8 8—
0307 59 – – Other:
0307 59 10 – – – Frozen 8 8—
0307 59 90 –––O th e r 8 8—
0307 60 00 – Snails, other than sea snails 6 Free —
– Other, including flours, meals and pellets of
aquatic invertebrates other than crustaceans, fitfor human consumption:
1992R3759 — EN — 01.01.1995 — 001.001 — 43
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
0307 91 00 – – Live, fresh or chilled 11 11 —
0307 99 – – Other:
– – – Frozen:
0307 99 11 –––– Illexspp. 8 8—
0307 99 13 ––––S t riped venus and other species of the
familyVeneridae8 8—
0307 99 19 ––––O th e r aquatic invertebrates 14 11 —
0307 99 90 –––O th e r 16 11 —
0511 Animal products not elsewhere specified or
included; dead animals of Chapter 1 or 3, unfitfor human consumption:
0511 91 – – Products of fish or crustaceans, molluscs orother aquatic invertebrates; dead animals ofChapter 3:
0511 91 10 – – – Fish waste Free Free —
0511 91 90 –––O th e r Free (25)—
1604 Preparations and preserved fish; caviar and caviarsubstitutes prepared from fish eggs:
– Fish, whole or in pieces, butnotminced:
1604 11 00 – – Salmon 20 5,5 —
1604 12 – – Herrings:
1604 12 10 – – – Fillets, raw, merely coated with batter orbreadcrumbs, whether or not prefried in oil, deepfrozen 18 15 —
1604 12 90 –––O th e r 23 20 —
1604 13 – – Sardines, sardinella and brisling or sprats:
– – – Sardines:
1604 13 11 ––––I n olive oil 25 25 —
1604 13 19 ––––O th e r 25 25 —
1604 13 90 –––O th e r 25 20 —
1604 14 – – Tunas, skipjack and bonito (Sarda spp.):
– – – Tunas and skipjack
1604 14 11 ––––I n vegetable oil 25 24 —
1604 14 19 ––––O th e r 25 24 —
1604 14 90 – – – Bonito ( Sarda spp.) 25 25 —
1604 15 – – Mackerel:
–––O f th e speciesScomber scombrus and
Scomber japonicus:
1604 15 11 –––– Fillets 25 25 —
1604 15 19 ––––O th e r 25 25 —
1604 15 90 –––O f th e speciesScomber australasicus 25 20 —
1604 16 00 – – Anchovies 25 ——
1604 19 – – Other:
1604 19 10 – – – Salmonidae, other than salmon 20 7—
1604 19 30 – – – Fish of the genus Euthynnus, other than
skipjack(Euthynnus (Katsuwonus) pelamis)25 24 —
1992R3759 — EN — 01.01.1995 — 001.001 — 44
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
1604 19 50 – – – Fish of the species Orcynopsis unicolor 25 25 —
–––O t her:
1604 19 91 –––– Fillets, raw, merely coated with batter
or breadcrumbs, whether or not prefried in oil,deep frozen18 15 —
––––O t her:
1604 19 92 –––––C o d (Gadus morhua, Gadus ogac,
Gadus macrocephalus)25 20 —
1604 19 93 ––––– Coalfish(Pollachius virens) 25 20 —
1604 19 94 ––––– Hake(Merluccius spp.,Urophycis
spp.)25 20 —
1604 19 95 ––––– Alaska pollack (Theragra chalcog-
ramma) and pollack (Pollachius pollachius)25 20 —
1604 19 98 –––––O th e r 25 20 —
1604 20 – Other prepared or preserved fish:
1604 20 05 – Preparations of surimi 25 20 —
– – Other
1604 20 10 – – Of salmon 20 5,5 —
1604 20 30 – – Of salmonidae, other than salmon 20 7—
1604 20 40 – – Of anchovies 25 ——
1604 20 50 – – Of sardines, bonito, mackerel of the species
Scomber scombrus andScomber japonicus, fish
of the species Orcynopsis unicolor25 25 —
1604 20 70 – – Of tunas, skipjack or other fish of the genus
Euthynnus25 24 —
1604 20 90 – – Of other fish 25 20 —
1604 30 – Caviar and caviar substitutes:
1604 30 10 – – Caviar (sturgeon roe) 30 30 —
1604 30 90 – – Caviar substitutes 30 30 —
1605 Crustaceans, molluscs and other aquatic inverte-brates, prepared or preserved:
1605 10 00 – Crab 20 16 —
1605 20 00 – Shrimps and prawns 20 20 —
1605 30 00 – Lobster 20 20 —
1605 40 00 – Other crustaceans 20 20 —
1605 90 – Other:
1605 90 10 – – Molluscs 20 20 —
1605 90 90 – – Other aquatic invertebrates 26 26 —
1902 Pasta, whether or not cooked or stuffed (withmeat or other substances) or otherwise prepared,such as spaghetti, macaroni, noodles, lasagne,gnocchi, ravioli, cannelloni; couscous, whether ornotprepared:
– Uncooked pasta, not stuffed or otherwiseprepared
1902 20 – Stuffed pasta, whether or not cooked or other-wise prepared:
1902 20 10 – – Containing more than 20 % by weight offish, crustaceans, molluscs or other aquatic inver-tebrates 17 17 —
1992R3759 — EN — 01.01.1995 — 001.001 — 45
▼M1
Rate of duty
CN code Description autonomous
(%) or levy
(AGR)conventional
(%)Supplemen-
tary unit
1 2 3 4 5
2301 Flours, meals and pellet s, of meator meatoffal,
of fish or of crustaceans, molluscs or otheraquatic invertebrates, unfit for human consump-tion; greaves:
2301 20 00 – Flours, meals and pellets, of fish or of crusta-ceans, molluscs or other aquatic invertebrates 5 2 —
(1) Change of scientific names:
Obsolete scientific name Replaced by
Salmogairdneri Onco rhynchus mykiss
Salmoclarki Onco rhynchus clarkiSalmo aguabonita Oncorhynchus aguabonitaSalmogilae Onco rhynchus gilae
(2)Oncorhynchus spp.: with the exception of the species listed in footnote 1.
(3) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.
(4) Subject to compliance with the reference price. A countervailing tax is provided for in the case of non-compli-
ance with the reference price.
(5) Total suspension for an indefinite period.
(6) Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303, intended for
the canning industry, within the limits of a global annual tariff quota of 17 250 tonnes to be granted by thecompetent Community authorities and subject to compliance with the reference price. Qualification for this quotais subject to conditions laid down in the relevant Community provisions.
(
7) Duty exemption for herring falling within subheadings 0302 40 90, 0303 50 90, 0304 10 93, 0304 10 98 and
0304 90 25 within the limits of a global annual tariff quota of 34 000 tonnes to be granted by the competentCommunity authorities and subject to compliance with the reference price.
(
8) Duty rate reduced to 6 % for piked dogfish (Squalus acanthias) falling within subheadings 0302 65 20 and
0303 75 20 within the limits of a global annual tariff quota of 5 000 tonnes to be granted by the competentCommunity authorities.
(
9) Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303, intended for
the canning industry, within the limits of a global annual tariff quota of 17 250 tonnes to be granted by thecompetent Community authorities and subject to compliance with the reference price. Qualification for this quotais subject to condition laid down in the relevant Community provisions.
(
10) Duty rate reduced to 8 % for silver hake (Merluccius bilinearis) falling within subheadings 0302 69 65,
0303 78 10 and 0304 90 47, within the limits of a global annual tariff quota of 2 000 tonnes to be granted by thecompetent Community authorities.
(
11)Oncorhynchus spp.: with the exception of the species listed in footnote 7.
(12) Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303, intended for
the canning industry, within the limits of a global annual tariff quota of 17 250 tonnes to be granted by thecompetent Community authorities and subject to compliance with the reference price. Qualification for this quotais subject to conditions laid down in the relevant Community provisions.
(
13) Subject to limits and conditions to be determined by the competent authorities.
(14) Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303, intended for
the canning industry, within the limits of a global annual tariff quota of 17 250 tonnes to be granted by thecompetent Community authorities and subject to compliance with the reference price. Qualification for this quotasubject to conditions laid down in the relevant Community provisions.
(
15)Oncorhynchus spp.: with the exception of the species listed in footnote 1.
(16) Duty rate reduced to 8 % for cod of the species Gadus morhua within the limits of a global annual tariff quota of
10 000 tonnes to be granted by the competent Community authorities.
(17) Subject to compliance with the reference price.
(18) Duty rate reduced to 10 % and subject to compliance with the reference price for frozen fillets presented as
industrial blocks, with bones (standard) within the limits of a global annual tariff quota of 5 000 tonnes, for theperiod 1 July to 31 December, to be granted by the competent Community authorities.
(
19) Duty rate reduced to 8 % for silver hake (Merluccius bilinearis) falling within subheadings 0302 69 65,
0303 78 10and 0304 90 47, within the limits of a global annual tariff quota of 2 000 tonnes to be granted by thecompetent Community authorities.
(
20) Duty exemption for cod of the species Gadus morhua andGadus ogac falling within subheadings 0305 51 10,
0305 51 90and 0305 62 00, and for fish of the species Boreogadus saida falling within subheadings 0305 59 11,
0305 59 19 and 0305 69 10 within the limits of a global annual tariff quota of 25 000 tonnes to be granted by thecompetent authorities.
(
21)Oncorhynchus spp.: with the exception of the species listed in footnote 3.
(22) Duty exemption for cod of the species Gadus morhua andGadus ogac falling within subheadings 0305 51 10,
0305 51 90 and 0305 62 00, and for fish of the species Boreogadus saida falling within subheadings 0305 59 11,
0305 59 19 and 0305 69 10 within the limits of a global annual tariff quota of 25 000 tonnes to be granted by thecompetent authorities.
1992R3759 — EN — 01.01.1995 — 001.001 — 46
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(23)Oncorhynchus spp. with the exception of the species listed below:
—Oncorhynchus mykiss (obsolete scientific name: Salmogairdneri )
—Oncorhynchus clarki (obsolete scientific name: Salmoclarki )
—Oncorhynchus aguabonita (obsolete scientific name: Salmoaguabo nita )
—Oncorhynchus gilae (obsolete scientific name: Salmogilae ).
(24) See Annex to Regulation (EEC) No 2886/89 (GATT concessions).
(25) See Annex.
1992R3759 — EN — 01.01.1995 — 001.001 — 47
Regulation (EEC) No 3687/91 This Regulation▼B
ANNEX VIII
CORRELATION TABLE
Article 1er Article 1
Article 2 Article 2
Article 3 Article 2 (4)
Article 4 Article 3
Article 5 Article 4
Article 6 Article 7
Article 7 Article 5
Article 8 Article 6
Article 9 Article 8
Article 10 Article 9
Article 11 Article 10
Article 12 Articles 11 and 13
Article 13 Article 12
Article 14 Article 14
Article 15 —
Article 16 Article 15
Article 17 Article 9
Article 18 Article 16
Article 19 Article 17
Article 20 Article 18
Article 21 —
Article 22 Article 19
Article 23 Article 20
Article 24 Article 22
Article 25 Article 23
Article 26 —
Article 27 Article 24
Article 28 —
Article 29 Article 25
Article 30 Article 26
Article 31 Article 27
Article 32 Article 28
Article 33 Article 29
Article 34 Article 30
Article 35 Article 31
1992R3759 — EN — 01.01.1995 — 001.001 — 48
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Regulation (EEC) No 3687/91 This Regulation
Article 36 Article 32
Article 37 Article 33
Article 38 Article 34
Article 39 Article 35
Article 40 Article 36
Annexes I to VII Annexes I to VII