COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90)444 final 
Brussels, 21 September 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of Community tariff quotas for 
cod and fish of the species Boreogadus saida, dried, salted or in brine, 
originating in Norway (1991) 
(presented by the Commission) 
Explanatory Memorandum 
1. The Agreements in the form of exchanges of letters between the European 
Economic Community and Norway concerning agriculture and fisheries, 
approved by the Council Decision of 15 September 1986, provide in 
particular for the annual opening, on a date to be arranged by common 
accord, of Community tariff quotas for the following products originating 
in Norway, for which the volumes and duties applicable are given below: 
| Common Customs I Descriptionj Quota | Rate of I 
| Tariff heading | I volume | duty | 
I No | I (tonnes) | | 
j 03.02 j Fish, dried, salted or in brine; | j j 
| | smoked fish, whether or not cooked | | | 
I | before or during the smoking process: | | | 
| | A. Dried, salted or in brine: | | j 
| | I. Whole, headless or in pieces: | | j 
| | b) Cod (Gadus morhua, | | | 
| | Boreogadusssaida, Gadus | j j 
I I ogac): III 
I I -Dried, unsalted j 3 900 | OX | 
j | -Dried, salted j 13 250 | OX | 
j | -Wet salted, or in brine j 10 000 | OX j 
The quota of 3 900 tonnes forseen for cod, dried and not salted is opened, 
at the request of the Norwegian authorities, starting on 1 January 1991. 
The current proposal forsees, therefore the coming into application of the other 
quotas for the period 1 April to 31 December 1991 taking into account the 
entry into force of the Combined Nomenclature which replaces that of the 
Common Customs Tariff. 
In order to respect the ruling of the Court of Justice of 27 September 1988 
in case 51/87 the Commission proposes not to allocate the tariff quota volumes 
among the Member States but to allow the latter to draw against the said volumes 
quantities corresponding to real needs that have been reported, as is 
the usual practice in similar cases. In addition, this procedure is more 
in keeping with the Community nature of these tariff quotas. 
1 0J No L 328, 22.11.1986, p. 76. 
<L 
Proposal for 
COUNCIL REGULATION (EEC) No 
of .../90 
opening and providing for the administration of Community tariff quotas for 
cod and fish of the species Boreogadus saida, dried, salted or in brine, 
originating in Norway (1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, 
Having regard to the Act of Accession of Spain and 
Portugal, 
Having regard to the proposal from the Commission, 
Whereas an Agreement between the European Economic 
Community and the Kingdom of Norway was concluded 
on 14 May 1973 ; whereas, following the accession of the 
Kingdom of Spain and the Portuguese Republic to the 
Community, an Agreement in the form of Exchanges of 
Letters was concluded and approved by Decision 
86/557/EEC (') ; 
Whereas the latter Agreement provides for the opening, 
on a date to be fixed by common accord, of Community 
tariff quotas at reduced or zero duty for cod and fish of 
the species Boreogadus saida originating in Norway ; 
whereas the tariff quotas in question should therefore be 
opened for the period agreed from 1 April to 31 
December 1991; 
Whereas equal and continuous access to the said quotas 
should be ensured for all Community importers and the 
rates laid down for the quotas should be applied consis­tently to all imports of the products in question into all 
the Member States until the quotas are exhausted ; 
Whereas, the necessary measures should be taken to 
ensure that these tariff quotas are administered efficiently 
and on a Community basis, so that Member States have 
the option of drawing the necessary quantities corres­
ponding to actual imports recorded, from the quota 
volumes ; whereas, this method of administration calls for 
close cooperation between the Member States and the 
Commission ; 
Whereas since the Kingdom of Belgium, the Kingdom of 
the Netherlands and the Grand Duchy of Luxembourg 
are united within and jointly represented by the Benelux 
Economic Union, any operation concerning the adminis­
tration of the quotas may by carried out by any one of its 
members, 
HAS ADOPTED THIS REGULATION : 
Article 1 
1. From 1 April to 31 December 1991, the customs 
duties applicable to imports of the following products 
originating in Norway shall be suspended at the levels 
indicated and within the limits of Community tariff 
quotas as shown below : 
Order No CN code(') 
09.0703 
09.0705 0305 
0305 51 
ex 0305 51 90 
0305 59 
0305 59 19 
ex 0305 62 00 
0305 69 
0305 69 10 Inscription 
Fish, dried, salted or in brine ; smoked fish, whether or not cooked 
before or during the smoking process ; fish meal fit for human 
consumption : 
— Dried fish, whether or not salted but not smoked : 
— — Cod (Gadus morhua, Gadus ogac, Gadus mairuupfuilus): 
— — — Dried, salted : 
— Excluding cod of the species Gadus luacrouphalus 
Other : 
— — — Fish of the species Boreogadus saida : 
— — — — Dried, salted 
— Fish, salted but not dried or smoked and fish in brine 
— — Cod (Gadus murium, Gadus »^ai, Gadus mamuvfihalus) : 
— Excluding the species Gadus mairuaphalus 
Other : 
— — — Fish of the species /iono^adus saida Volume 
of quota 
(tonnes) 
I 3 250 
10 000 Rak-
of ilutv 
(%) 
(*) See Taric codes in the Annex hereto. 
(') OJ No L 328, 22. II. 1986, p. 76. 
I 
Within the limits of the above tariff quotas the Kingdom 
of Spain and the Portuguese Republic shall apply duties 
of 1,7 and 0 % respectively. 
2. Where the Community has fixed a reference price 
for the products or categories of products concerned, 
imports of those products shall benefit from the quotas 
referred to in paragraph 1 only if the free-at-frontier price 
determined by the Member States in accordance with 
Article 21 of Regulation (EEC) No 3796/81 ('), as last 
amended by Regulation (EEC) No 2886/89 (2), is at least 
equal to the reference price. 
3. The Protocol concerning the definition of the 
concept of 'originating products' and methods of adminis­
trative cooperation annexed to the Agreement between 
the European Economic Community and the Kingdom of 
Norway shall apply. 
Article 2 
The tariff quota referred to in Article 1 shall be managed 
by the Commission, which may take all appropriate 
administrative measures in order to ensure effective 
administration thereof. inform the Commission and draw an amount corre­
sponding to its requirements from the quota volume. 
The drawing requests, with indication of the date of 
acceptance of the said declarations, must be transmitted 
to the Commission without delay. 
The drawings shall be granted by the Commission by 
reference to the date of acceptance of the declarations of 
entry into free circulation by the customs authorities of 
the Member States concerned to the extent that the 
available balance so permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon as possible to the corresponding 
quota amount. 
If the quantities requested are greater than the available 
balance of the quota amount, allocation shall be made on 
a pro rata basis with respect to the requests. Member 
States shall be informed thereof by the Commission. 
Article 4 
Each Member State shall ensure importers of the products 
concerned equal and continuous access to the quotas for 
such time as the residual balance of the quota volumes so 
permits. 
Article 3 
If an importer presents in a Member State a declaration of 
entry into free circulation, including a request for benefit 
under the preferential system for a product covered by 
this Regulation and if this declaration is accepted by the 
customs authorities, the Member States concerned shall Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 
This Regulation shall enter into force on 1 April <j^ç/| 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
(') OJ No L 379, 31. 12. 1981. p. I. 
(') Oj No L 282, 2.10.1989, p. 1 
4 
ANNfîX 
Tarie codes 
Order No CN code Tarie codes 
09.0703 ex 0305 51 90 0305 51 90 ' 11 
' 19 
'20 
09.0705 ex 0305 62 00 030 5 62 00 ' I I 
' 19 
'21 
"29 
•31 
'39 
r 
FICHE FINANCIERE 
1. Ligne budgétaire concernée, : Chap. 12 art. 120 
2. Base juridique : art. 113 du traité 
3. Intitulé de la mesure tarifaire. : Proposition de règlement 
du Conseil portant ouverture et mode de gestion de 
contingents tarifaires communautaires pour des morues et 
des poissons de l'espèce Boreogadus saida, originaires de 
Norvège. 
4. Objectif : Respecter les engagements contractés par la 
Communauté vis-à-vis de la Norvège. 
5. 
oodes da la N.C. : ex 0305 51 90 ex 0305 62 00 
volumes des contingents : 0305 59 19 0305 09 10 
(en tomes) 
droit â appliquer : 0 % 0 % 
droit normal : 13% 13 % ' 
- valeur d'une terne : 4 576 écus 3 594 ecus 
- valeur totale : 60 632 000 écus 35 940 000 écus 
- Perte de recette : 7 882 160 écus 4 672 200 écus 
Perte totale 12.554.360 écus 
Par rapport à 1990, augrentatlon des pertes de 12.554.360 écus 
11.085.705 écus - 668.655 écus. 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec des engagements 
contractuels de la Communauté. L'impact découlant de ces 
concessions a été pris en considération lors de la prise de 
décision d'adoption de ces contingents et il n'aura pas un 
caractère sérieux sur la compétitivité et l'emploi dans la 
Communauté. 

ISSN 0254-1475 
COM(90) 444 final 
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