COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.03.1997 
COM(97) 95 final 
97/0065 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the management of autonomous Community tariff quotas for 
certain live fish originating in the Czech Republic and Slovakia 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Agreements in the form of an exchange of letters were concluded by the European 
Community with the Czech Republic on 22 September 1994 and with Slovakia on 
28 October 1994 to supplement the Europe Agreements with the two countries. Under 
these agreements imports of live trout and carp have been exempt from customs duties 
within tariff quotas of 50 tonnes for trout and 850 tonnes for carp originating in the 
Czech Republic and 50 tonnes for trout and 50 tonnes for carp originating in Slovakia. 
Following enlargement, the Council working party on Central and Eastern Europe 
agreed to take account of the two countries' preferential exports of the fish in question 
to the three new Member States up to a limit of 150 tonnes of trout from Slovakia and 
310 tonnes of carp from the Czech Republic. It was decided to renew these preferences 
by adding the quantities to those provided for in the agreements in the form of exchanges 
of letters referred to above. This will be done through an additional protocol to the 
European Agreements with the two countries. Pending the entry into force of these 
protocols, the measures should be applied on an autonomous basis by opening tariff 
quotas applicable from 1 January this year. 
That is the purpose of the attached proposal for a Regulation. 
i. 
Proposai for a 
COUNCIL REGULATION ŒQ No /97 
of 1997 
opening and providing for the management of autonomous Community tariff 
quotas for certain live fish originating in the Czech Republic and Slovakia 
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, 
Whereas the Agreements in the form of an exchange of letters between the European 
Community and the Czech Republic, signed on 22 September 1994,1 and between the 
European Community and Slovakia, signed on 28 October 1994,2 have supplemented the 
European Agreements with these two countries by providing for duty-free tariff quotas 
for trout and carp; 
Whereas, following the accession of Austria, Finland and Sweden, the Council agreed 
that existing preferential exports to these countries of 150 tonnes of live trout originating 
in Slovakia and 310 tonnes of live carp originating in the Czech Republic should be taken 
into account; whereas it also agreed to renew the Agreements in the forms of an 
exchange of letters by adding the quantities arising from enlargement to those already 
provided for; 
Whereas these tariff measures will be set out in additional protocols to the Europe 
Agreements with Slovakia and the Czech Republic; whereas these concessions should be 
implemented autonomously pending the entry into force of these protocols; whereas 
tariff quotas for the products should be opened from 1 January 1997 and apply until the 
entry into force of the additional protocols, 
Whereas all Community importers should be assured equal and uninterrupted access to 
the tariff quotas; whereas the rates laid down for these quotas should apply to all imports 
of the products in question in all the Member States until the quotas are exhausted; 
1 OJL272, 22.10.1994, p. 50. 
2 OJL 294, 15.11.1994, p. 27. 
S 
Whereas a decision on the opening of autonomous tariff quotas has to be taken by the 
Community; whereas there is no reason why the Member States should not, in the 
interests of an efficient common management of the quotas, be authorized to draw on the 
quotas for the necessary quantities corresponding to actual imports; whereas, however, 
this type of management calls for close liaison between the Member States and the 
Commission, the latter having to be in a position to monitor the rate at which the quotas 
are used up and notify the Member States accordingly, 
V 
HAS ADOPTED THIS REGULATION: 
Article J 
Import duties on products listed in the Annex originating in the Czech Republic and in 
Slovakia are hereby suspended at the levels and within the limits of the annual 
Community tariff quotas set for each. 
Article 2 
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may 
take any appropriate administrative measures to ensure that they are managed efficiently. 
Article 3 
Where an importer presents a declaration for release for free circulation in a Member 
State, applying to take advantage of the preferential arrangements, and for a product 
covered by this Regulation and the entry is accepted by the customs authorities, the 
Member State concerned shall, by notifying the Commission, draw an amount 
corresponding to its requirements from the appropriate quota volume. 
Requests for drawings, indicating the date on which the entries were accepted, must be 
sent to the Commission without delay. 
Drawings shall be granted by the Commission in chronological order of the dates on 
which the customs authorities of the Member States concerned accepted the entries for 
release for free circulation, to the extent that the available balance so permits. 
If a Member State does not use a drawing in full it shall return any unused portion to the 
corresponding quota volume as soon as possible. 
If the quantities requested are greater than the available balance of the quota volume, the 
balance shall be allocated among applicants on a pro rata basis. The Commission shall 
inform the Member States of the drawings made. 
Article 4 
Each Member State shall ensure that importers of the products in question have equal 
and continuous access to the quotas for as long as the balance of the relevant quota 
volume so permits. 
Article 5 
The Member States and the Commission shall cooperate closely to ensure that this 
Regulation is complied with. 
x 
Article 6 
This Regulation shall enter into force on the seventh day following that of its publication 
in the Official Journal. 
It shall apply from 1 January 1997. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
ANNEX 
Order No 
09.5261 
09.5263 CN code 
0301 91 90 
0301 93 00 Description 
Live trout (Salmo trutta, 
Oncorhynchus mykiss, 
Oncorhynchus clarki, 
Oncorhynchus 
aguabonita, 
Oncorhynchus gilae) 
Live carp Duty (%) 
o1 
o1 Annual quota volume 
Originating in 
the Czech 
Republic 
501 
1 1601 Originating in 
Slovakia 
2001 
50 t 
Subject to conformity with the preference price. 
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FINANCIAL STATEMENT 
1. Budget heading concerned: Chapter 12, Article 120 
2. Legal basis: Article 113 of the Treaty 
3. Title of tariff measure, proposal for a Regulation opening and providing for the 
management of autonomous Community tariff quotas for certain live fish 
originating in the Czech Republic and in Slovakia. 
4. Objective: to renew the agreements with the Czech Republic and Slovakia 
concerning the preferential imports of certain live fish and to take account of the 
preferential trade flows between these two countries and the three new Member 
States. 
5. Method of calculation: 
Order No 
09.5261 
(live trout) 
09.5263 
(live carp) Quota volume 
(tonnes) 
CZ 
50 
1 160 SL 
200 
50 Average price 
(ECU/t) 
CZ 
2 084 
1282 SL 
1911 
1418 Normal 
duty (%) 
12 
8 Quota 
duty (%) 
0 
0 Loss of 
revenue 
(ECU) 
58 368 
124 642 
Total loss of revenue. ECU 183 010 
These products were not subject to tariff quotas in 1995 and 1996. 
Anti-fraud measures: Provisions on the management of tariff quotas include the 
measures needed to prevent and combat fraud and irregularities. 
ff 
ISSN 0254-1475 
COM(97) 95 final 
DOCUMENTS 
EN 02 03 11 01 
Catalogue number : CB-CO-97-081-EN-C 
ISBN 92-78-16395-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
3