1997R0669 — EN — 01.08.1999 — 002.001 — 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
1997R0669 — EN — 01.08.1999 — 002.001 — 2
▼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,
Havingreg ard to the Treaty establishingthe European Community, andin particular Article 113 thereof,
Havingreg ard to the proposal from the Commission,
(1)Whereas Articles 3 and 8 of the Agreement between the Euro-
pean Community, of the one part, and the Government ofDenmark and the Home Government of the Faroe Islands, of theother part, signed on 6 December 1996 (
1), provide for the aboli-
tion of customs duties applicable to imports into the Communityof certain fish and fishery products listed in Protocol 1 attachedto the 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 ceil-ings in respect of products originating in the Faroe Islands shouldtherefore be opened for the volumes indicated respectively inAnnexes 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, IIand III apply only where the free-at-frontier price determined bythe 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 and aqua-culture(
2) is at least equal to the reference price set, or to be set,
by the Community for the products or categories of productsconcerned;
(4)Whereas, for reasons of simplification, provision should be madeto empower the Commission to give effect, following receipt ofthe opinion of the Customs Code Committee set up by Article247 of Regulation (EEC) No 2913/92 (
3), to necessary amend-
ments and technical adaptations to the Annexes to this Regulationarisingfrom amendments of the combined nomenclature andTaric codes and to adaptations of volume, periods and quota ratesarisingfrom 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 tariffceilings or to statistical surveillance, quota-volumes, duties andtariff 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 amultiannual basis;
(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 Regula-
tion (EC) No 3318/94 (OJ No L 350, 31. 12. 1994, p. 15).
(3) OJ No L 302, 19. 10. 1992, p. 1.
1997R0669 — EN — 01.08.1999 — 002.001 — 3
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(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 importersand the rates of duty laid down for the quotas should be appliedconsistently 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 thesequotas, there is no reason why the Member States should not beauthorized to draw from the quota-volumes the necessary quant-ities correspondingto actual imports; whereas this method ofadministration does, however, require close cooperation betweenthe Member States and the Commission, which must be able tomonitor the rate at which the quotas are used up and inform theMember States accordingly;
(9)Whereas, in respect of products listed in Annex II and subject toCommunity tariff ceilings, Community surveillance may beeffected by charging imports of these products against the ceil-ings at Community level as and when the products are presentedat customs and declared for free circulation; whereas this methodof administeringthe ceiling s should enable customs duties to berestored as soon as the ceilings in question are reached atCommunity level;
(10)Whereas this method of administeringthe ceiling s 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 theMember States accordingly; whereas this cooperation should beclose enough to allow the Commission to take appropriate stepsto restore customs duties as soon as one of the ceilings isreached;
(11)Whereas, for the products listed in Annex III, it would seemappropriate to have recourse to the system of statistical surveil-lance administered by the Commission pursuant to the relevantprovisions 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 applic-
able to imports into the Community of products listed in ►M2the
Annex◄and originating in the Faroe Islands shall be suspended at the
levels and within the limits of the Community tariff quotas specifiedtherein.
Article 2
The tariff quotas referred to in Article 1 shall be administered by the
Commission, which may take any appropriate administrative measure toensure efficient operation.
(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.
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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, complyingwith the rules laid down in the
Protocol concerningthe definition of the concept of orig inatingproducts and methods of administrative cooperation annexed toDecision 97/126/EC (
1),
and his declaration is accepted by the customs authorities, the Member
State concerned shall, by notifyingthe Commission according ly, draw aquantity 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 the Commis-sion forthwith.
Drawings shall be granted by the Commission on the basis of the date
when the declarations for free circulation were accepted by the customsauthorities of the Member State concerned, provided the availablebalance 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 MemberState shall be informed by the Commission of the quantities drawn.
▼
M2
▼B
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 resultingform new ag reements,— 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 shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down accordingto the urg ency of the matter. The opinion shallbe delivered by the majority as laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives of
(1) OJ No L 53, 22. 2. 1997, p. 1.
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the Member States within the Committee shall be weighted in themanner 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 ofthe Committee, they shall forthwith be communicated by the Commis-sion to the Council. In that event the Commission shall defer applicationof the measures which it has adopted for three months from the date ofsuch communication.
The Council, actingby a qualified majority, may take a different
decision within the time limit specified in the previous subparagraph.
3. The Committee may examine any question concerningthe applica-
tion of this Regulation which is raised by its chairman either at thelatter’s initiative or at the request of a Member State.
▼
M2
▼B
Article 8
The Commission shall adopt all appropriate measures, in close coopera-
tion 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.
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Order
numberCN codeTARIC
sub-divi-
sionDescriptionRate of
dutyQuota
volume(tonnes)▼M2
ANNEX
FISHERY PRODUCTS SUBJECT TO TARIFF QUOTAS
09.0671 0301 Live fish: 700
— Other live fish:
ex 0301 91 90 *10 — — — Trout of the species Oncorhynchus
mykiss0
0302 Fish fresh or chilled, excludingfish filletsand othe fish meat of headingNo 0304:
— Salmonidae, excludinglivers and roes:
ex 0302 11 90 *10 — — — Trout of the species Oncorhynclus
mykiss0
0303 Fish, frozen, excludingfish fillets or otherfish meat of headingNo 0304:
ex 0303 21 90 *10 — — — Trout of the species Oncorhynclus
mykiss0
0304 Fish fillets and other fish meat (whether ornot minced), fresh, chilled or frozen:
0304 10 — Fresh or chilled:
— — Fillets:
———O f freshwater fish:
ex 0304 10 11 *10 ———— Trout of the species Oncorhyn-
clus mykiss0
0304 20 — Frozen fillets:
— — Of freshwater fish:
ex 0304 20 11 *10 ———— Trout of the species Oncorhyn-
clus mykiss0
0304 90 — Other:
ex 0304 90 10 ———O f freshwater fish:
*11 ———— Trout of the species Oncorhyn-
clus mykiss0
09.0675 1604 Prepared or preserved fish; caviar and caviarsubstitutes prepared from fish eggs: 400
— Fish, whole or in pieces, but not minced:
ex 1604 11 00 — — Salmon:
*30 — — — Atlantic salmon ( Salmo salar ) 0
1604 19 — — Other
ex 1604 19 10 — — — Salmonidae, other than salmon:
*10 ———— Trout of the species Oncorhyn-
clus mykiss0
1604 20 — Other prepared or preserved fish:
ex 1604 20 10 — — — Salmon:
*30 ———— Atlantic salmon ( Salmo salar )0
ex 1604 20 30 — — — Salmonidae, other than salmon:
*10 ———— Trout of the species Oncorhyn-
clus mykiss0
09.0681 1604 Prepared or preserved fish; caviar and caviarsubstitutes 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
1997R0669 — EN — 01.08.1999 — 002.001 — 7
▼M2
Order
numberCN codeTARIC
sub-divi-
sionDescriptionRate of
dutyQuota
volume(tonnes)
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:
*20 ———— Preserved smoked coalfish 0
———— Brislingor sprats ( Sprattus
sprattus):
*30 —————I n airtight cans (1) 0
*35 ————— Other 0
*40 ————O f mackerel ( Scomber australa-
sicus)0
*50 ———— Lamprey 0
*90 ———— Other 0
09.0679 1605 Crustaceans, molluscs, and other aquatic
invertebrates, prepared or preserved:2 000
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 exceeding2 kg0
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 sustainingdamag e.