1997R0669 — EN — 01.09.2001 — 003.001 — 1
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►B COUNCIL REGULATION (EC)No 669/97
of 14 April 1997
opening and providing for the administration of Community tariff quotas ►M2 ◄
►M2 ◄for certain fish and fishery products originating in the Faroe Islands,
defining detailed provisions for amending and adapting these measures and repealing Regulation
(EC)No 1983/95
(OJ L 101, 18.4.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1034/98 of 18 May 1998 L 148 6 19.5.1998
►M2Commission Regulation (EC) No 2471/1999 of 23 November 1999 L 301 3 24.11.1999
►M3Commission Regulation (EC) No 31/2002 of 9 January 2002 L 6 36 10.1.2002
▼B
COUNCIL REGULATION (EC)No 669/97
of 14 April 1997
opening and providing for the administration of Community tariff
quotas►M2 ◄►M2 ◄for certain fish
and fishery products originating in the Faroe Islands, definingdetailed provisions for amending and adapting these measures and
repealing Regulation (EC)No 1983/95
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 113 thereof,
Having regard to the proposal from the Commission,
(1)Whereas Articles 3 and 8 of the Agreement between the European
Community, of the one part, and the Government of Denmark andthe Home Government of the Faroe Islands, of the other part,signed on 6 December 1996(
1), provide for the abolition of
customs duties applicable to imports into the Community of
certain fish and fishery products listed in Protocol 1 attached tothe said Agreement;
(2)Whereas the abolition is subject to Community tariff quotas andceilings and, for some of these products, Community statisticalsurveillance; whereas the said Community tariff quotas and
ceilings in respect of products originating in the Faroe Islands
should therefore be opened for the volumes indicated respectivelyin Annexes I and II to this Regulation and Community statisticalsurveillance established in respect of the products listed in AnnexIII thereto;
(3)Whereas the preferential rates of duty indicated in Annexes I, II
and III apply only where the free-at-frontier price determined by
the Member States in accordance with Article 22 of CouncilRegulation (EEC) No 3759/92 of 17 December 1992 on thecommon organization of the market in fishery products andaquaculture(
2) is at least equal to the reference price set, or to be
set, by the Community for the products or categories of products
concerned;
(4)Whereas, for reasons of simplification, provision should be made
to empower the Commission to give effect, following receipt ofthe opinion of the Customs Code Committee set up by Article 247of Regulation (EEC) No 2913/92(
3), to necessary amendments
and technical adaptations to the Annexes to this Regulation
arising from amendments of the combined nomenclature and
Taricc odes and to adaptations of volume, periods and quota ratesarising from decisions by the Council or by the Commission;
(5)Whereas, for the same reasons, provision should be made for thisprocedure to be applied in cases where the abovementionedAgreement is amended to the extent that the agreed amendmentsspecify the products eligible for tariff quotas or subject to tariff
ceilings or to statistical surveillance, quota-volumes, duties and
tariff periods, and any eligibility criteria;
(6)Whereas the Agreement provides for tariff quotas, tariff ceilingsand statistical surveillance for an indefinite period; whereas,therefore, to make implementation of the measures concernedmore efficient and simpler, this Regulation should apply on a
multiannual basis;
(7)Whereas equal and continuous access to the quotas in respect of
the products likely to benefit from the Community tariff quotaslisted in Annex I should be ensured for all Community importers1997R0669 — EN — 01.09.2001 — 003.001 — 2
(1) OJ No L 53, 22. 2. 1997, p. 2.
(2) OJ No L 388, 31. 12. 1992, p. 1. Regulation as last amended by Regulation
(EC) No 3318/94 (OJ No L 350, 31. 12. 1994, p. 15).
(3) OJ No L 302, 19. 10. 1992, p. 1.
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and the rates of duty laid down for the quotas should be applied
consistently to all imports of the products in question in allMember States until the quotas are exhausted;
(8)Whereas the Community should take the decision to open tariffquotas in the execution of its international obligations; whereas,to ensure the efficiency of a common administration of these
quotas, there is no reason why the Member States should not be
authorized to draw from the quota-volumes the necessaryquantities corresponding to actual imports; whereas this methodof administration does, however, require close cooperationbetween the Member States and the Commission, which mustbe able to monitor the rate at which the quotas are used up and
inform the Member States accordingly;
(9)Whereas, in respect of products listed in Annex II and subject to
Community tariff ceilings, Community surveillance may beeffected by charging imports of these products against the
ceilings at Community level as and when the products are
presented at customs and declared for free circulation; whereasthis method of administering the ceilings should enable customsduties to be restored as soon as the ceilings in question arereached at Community level;
(10)Whereas this method of administering the ceilings calls for closeand especially speedy cooperation between the Member Statesand the Commission, which must be able to monitor the levelreached by imports charged against the ceilings and inform the
Member States accordingly; whereas this cooperation should be
close enough to allow the Commission to take appropriate steps torestore customs duties as soon as one of the ceilings is reached;
(11)Whereas, for the products listed in Annex III, it would seem
appropriate to have recourse to the system of statistical
surveillance administered by the Commission pursuant to therelevant provisions of Regulations (EC) No 1172/95(
1) and (EEC)
No 2658/87(2);
(12)Whereas Regulation (EC) No 1983/95(3), which brought into
force the measures applicable pursuant to the old agreement,should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December each year, the customs duties applicable
to imports into the Community of products listed in ►M2the Annex ◄
and originating in the Faroe Islands shall be suspended at the levels andwithin the limits of the Community tariff quotas specified therein.
Article 2
The tariff quotas referred to in Article 1 shall be administered by the
Commission, which may take any appropriate administrative measure to
ensure efficient operation.
Article 3
Where an importer enters a product covered by this Regulation for free
circulation in a Member State accompanied by:
— a request for preferential treatment, and
— a movement certificate, complying with the rules laid down in the
Protocol concerning the definition of the concept of originating1997R0669 — EN — 01.09.2001 — 003.001 — 3
(1) OJ No L 118, 25. 5. 1995, p. 10.
(2) OJ No L 256, 7. 9. 1987, p. 1.
(3) OJ No L 192, 15. 8. 1995, p. 1.
▼B
products and methods of administrative cooperation annexed to
Decision 97/126/EC(1),
and his declaration is accepted by the customs authorities, the Member
State concerned shall, by notifying the Commission accordingly, draw a
quantity from the quota concerned to satisfy the requirement.
Applications for drawings from the quotas shall indicate the date on
which the declarations were accepted and shall be sent to theCommission forthwith.
Drawings shall be granted by the Commission on the basis of the date
when the declarations for free circulation were accepted by the customs
authorities of the Member State concerned, provided the available
balance is sufficient.
Where a Member State fails to use the quantities drawn, it shall return
them as soon as possible to the relevant quota.
Where the quantities applied for are in excess of the available balance,
allocation shall be made in proportion to the requirements. The Member
State shall be informed by the Commission of the quantities drawn.
Article 5
1. The provisions necessary to apply this Regulation, in particular:
(a) any technical amendments and adaptations which may be needed as
a a result of changes to the combined nomenclature or Taric codes;
(b) any adaptations needed following a change to the Agreement
between the European Community and the Faroe islands, asapproved by an act of the Council,
shall be adopted in accordance with the procedure set out in Article 6
(2).
2. The provisions adopted pursuant to paragraph 1 do not authorize
the Commission to:
— carry over preferential quantities from one quota period to another,
— amend the timetables laid down in the Agreements or protocols,— transfer quantities from one quota to another,— open and administer quotas resulting form new agreements,— adopt legislation affecting the administration of quotas subject to
import certificates.
Article 6
1. The Commission shall be assisted by the Customs Code
Committee.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion shallbe delivered by the majority as laid down in Article 148 (2) of the Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of theCommittee, they shall forthwith be communicated by the Commission tothe Council. In that event the Commission shall defer application of the1997R0669 — EN — 01.09.2001 — 003.001 — 4
(1) OJ No L 53, 22. 2. 1997, p. 1.▼M2
▼B
▼B
measures which it has adopted for three months from the date of such
communication.
The Council, acting by a qualified majority, may take a different
decision within the time limit specified in the previous subparagraph.
3. The Committee may examine any question concerning the
application of this Regulation which is raised by its chairman either atthe latter's initiative or at the request of a Member State.
Article 8
The Commission shall adopt all appropriate measures, in close
cooperation with the Member States, to apply this Regulation.
Article 9
Regulation (EC) No 1983/95 shall be repealed.
Article 10
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1997R0669 — EN — 01.09.2001 — 003.001 — 5
▼M2
▼B
ANNEX
FISHERY PRODUCTS SUBJECT TO TARIFF QUOTAS
Order
numberCN codeTARIC
sub-divi-
sionDescriptionRate of
dutyQuota
volume
(tonnes)
09.0671 0301 Live fish: 700
— Other live fish:
ex 0301 91 90 *10 — — — Trout of the species Oncorhynchus mykiss 0
0302 Fish fresh or chilled, excluding fish fillets and othe fish meat of heading No
0304:
— Salmonidae, excluding livers and roes:
ex 0302 11 90 *10 — — — Trout of the species Oncorhynclus mykiss 0
0303 Fish, frozen, excluding fish fillets or other fish meat of heading No 0304:
ex 0303 21 90 *10 — — — Trout of the species Oncorhynclus mykiss 0
0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:0304 10 — Fresh or chilled:
— — Fillets:
———O f freshwater fish:
ex 0304 10 11 *10 ———— Trout of the species Oncorhynclus mykiss 0
0304 20 — Frozen fillets:
— — Of freshwater fish:
ex 0304 20 11 *10 ———— Trout of the species Oncorhynclus mykiss 0
0304 90 — Other:
ex 0304 90 10 ———O f freshwater fish:
* 1 1 ———— Trout of the species Oncorhynclus mykiss 0
09.0675 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish
eggs:400
— Fish, whole or in pieces, but not minced:
ex 1604 11 00 — — Salmon:
*30 — — — Atlanticsalmon ( Salmo salar )0▼M21997R0669 — EN — 01.09.2001 — 003.001 — 6
Order
numberCN codeTARIC
sub-divi-
sionDescriptionRate of
dutyQuota
volume
(tonnes)
1604 19 — — Other
ex 1604 19 10 — — — Salmonidae, other than salmon:
* 1 0 ———— Trout of the species Oncorhynclus mykiss 0
1604 20 — Other prepared or preserved fish:
ex 1604 20 10 — — — Salmon:
* 3 0 ———— Atlanticsalmon ( Salmo salar )0
ex 1604 20 30 — — — Salmonidae, other than salmon:
* 1 0 ———— Trout of the species Oncorhynclus mykiss 0
09.0681 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish
eggs:1 200
— Fish, whole or in pieces, but not minced:
1604 19 92 —————C o d( Gadus morhua, Gadus ogac, Gadus macrocephalus )0
1604 19 93 ————— Coalfish ( Pollachius virens )0
1604 19 94 ————— Hake (Merluccius spp.Urophycis spp.) 0
1604 19 95 ————— Alaska pollack ( Theragra chalcogramma ) and Pollach
(Pollachius pollachius )0
1604 19 98 ————— Other 0
1604 20 — Other prepared or preserved fish:
1604 20 05 — — Preparations of surimi: 0
ex 1604 20 90 ———O f other fish:
* 2 0 ———— Preserved smoked coalfish 0
———— Brisling or sprats ( Sprattus sprattus ):
* 3 0 —————I n airtight cans (1)0
* 3 5 ————— Other 0
* 4 0 ————O fm a c kerel (Scomber australasicus )0
* 5 0 ———— Lamprey 0
* 9 0 ———— Other 0▼M21997R0669 — EN — 01.09.2001 — 003.001 — 7
Order
numberCN codeTARIC
sub-divi-
sionDescriptionRate of
dutyQuota
volume
(tonnes)
09.0679 1605 Crustaceans, molluscs, and other aquatic invertebrates, prepared or preserved:
►M3
3 000
◄
1605 20 — Shrimps and prawns:
1605 20 10 — — In airtight containers 0
— — Other:
1605 20 91 ———I n immediate packings of a net content not exceeding 2 kg 0
1605 20 99 — — — Other 0
ex 1605 40 00 — Other crustaceans:
*20 — — Nephrops norvegicus 0
(1) ‘Airtight cans’ means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened without sus taining damage.▼M21997R0669 — EN — 01.09.2001 — 003.001 — 8