COMVIISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 194 final 
Brussels, 17.06.1994 
94/0153 (CNS) 
Proposal for a 
COUNCIL REGULATION (EC) 
til 1 i1 opening and providing for the administration 
of a Community tariff quota for live fry and Juveniles 
of sea bream (Sparus aurata) and bass (Dicentrarchus labrax) 
originating in Ceuta 
(presented by the Commission) 
ty.V • 
« ^ r 
Hi 
§/!< j * faf r 
If # 
it • M 
Mi 
11 s 
EXPLANATORY MEMORANDUM 
1. Article 3(2) of Protocol 2 to the Act of Accession of Spain and 
Portugal stipulates that, certain fishery products originating in 
Ceuta and Mel II la shall qualify for exemption from customs duties 
when Imported into the Community. This Article goes on to specify 
that exemption shall be granted within the limits of Community tariff 
quotas calculated by product and on the average quantities actually 
disposed of during 1982, 1983 and 1984 in that part of Spain which is 
included in the customs territory of the Community or exported to the 
Community as at present constituted. 
2. On 3 February 1994 Spain's Permanent Representation asked the 
Commission to open a tariff quota for live fry and juveniles of sea 
bream and bass (CN code ex 0301 99 90) originating in Ceuta. 
The Spanish authorities backed their request with social and economic 
arguments on Ceuta, showing the constraints under Ceuta's economy is 
operating and the difficulties faced by the local fishing industry. 
3. In the past some fishery products originating in Ceuta have injoyed 
the benefit of tariff quotas when imported into the Community. Later 
exports to the Community fell as a result of a reduction in the 
volume of fishery catches. The use of these quotas then became 
negligible and they were not extended after 1992. 
Live fry and Juveniles of sea bream and bass are covered by Article 3 
of Protocol 2, but have not been able to enjoy the benefit of the 
quotas in question because aquaculture is a new activity in Ceuta. 
A 
.4. It seems Justifiable to open a tariff quota for products of CN code 
ex 0301 99 90 because these products replace, in trade with the 
Community, other products covered by Article 3 of the Protocol. 
Also, preferential tariff is treatment granted by the Community to 
products of the same CN code from some non-member countries. This 
warrants the adoption by the Community of similar tariff measures for 
Ceuta. 
The joint declaration on Protocol 2 concerning the Canary Islands and 
Ceuta and Mel il la argues in favour of a degree of flexibility as to 
the eligibility of products for the tariff quotas in question. In 
signing this declaration, the Community admitted the possibility of 
the substitution of products covered by Article 3 of the Protocol. 
5. The adoption by the Community of tariff preferences for live fry and 
juveniles of sea bream and bass originating in Ceuta entails the 
adjustment of the tariff arrangements introduced by Article 3 of 
Protocol 2. 
This draft Regulation is therefore intended to adjust the 
arrangements applying to Ceuta on the basis of Article 25 of the Act 
of Accession and at the same time to open a zero-duty Community 
tariff quota for live fry and juveniles of sea bream and bass. To 
give aquaculture time to take root and develop in Ceuta, the measure 
covers the period from 1 July 1994 to 31 December 2000. 
The quota year will run from 1 July to 30 June. No unused part of 
the quota may be carried over to the next quota period. 
The annual quota volume is 3 mi 11 ion individual fish. This volume 
has been calculated on the basis of estimated production of these 
products, according to information received by the Spanish 
author it ies. 
6. A Community tariff quota should therefore be opened for the period 
specified in Article 2. 
Such is the purpose of the attached proposal. 
Council Regulation (EC) No .../94 
opening and providing for the administration 
of a Community tariff quota for live fry and juveniles 
of sea bream (Sparus aurata) and bass (Dicentrarchus labrax) 
originating in Ceuta 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the Act of Accession of Spain and Portugal, and in 
particular the final subparagraph of Article 25(4), 
Having regard to Article 3, (3) of the Act of Accession, of Protocol 2 
concerning the Canary Islands and Ceuta and Mel il la, 
Having regard to the proposal from the Commission,1 
Having regard to the opinion of the European Parliament,2 
Whereas, by virtue of Article 3(2) of Protocol 2, certain fishery products 
originating in Ceuta and Mel il la are eligible, as of 1 January 1993, for 
exemption from customs duties in the customs territory of the Community; 
whereas that exemption is granted within the limit of tariff quotas 
calculated by product with reference to the average quantities actually 
disposed of during 1982, 1983 and 1984 in that part of Spain which is 
included in the customs territory of the Community or exported to the 
Community as at present constituted; 
Whereas the products originating in Ceuta which have enjoyed the benefit of 
the tariff arrangements set up by Protocol 2 are no longer exported to the 
Community because of a decrease in volume of fish catches put on to the 
market; whereas the tariff quotas opened for Ceuta were not extended 
beyond 31.12.1992 on this account; whereas live fry and juveniles of sea 
bream and bass henceforth replace these products in trade with the 
Commun i t y ; 
Whereas Ceuta in 1993 exported to the Community 2.5 tonnes of live fry and 
juveniles of sea bream and bass of CN code ex 0301 99 90; whereas these 
products are covered by Article 3 of the Protocol in question; whereas they 
are, however, ineligible for the above-mentioned tariff quotas because 
aquaculture was only recently started in Ceuta; 
Whereas Ceuta's location as an enclave on the African continent poses 
specific problems; whereas the lack of both agriculture and industry leaves 
fishing as Ceuta's primary industry; whereas since the crisis is 
occurring in that sector, aquaculture has the potential to offer Ceuta's 
economic operators an alternative source of income to sea fishing; 
Whereas the Community accords some non-member countries preferential tariff 
treatment in the form of exemption from customs duties for products of 
&CN code 0301 99 90; whereas steps should be taken to ensure that the 
tariff treatment of such products originating in Ceuta and imported into 
the Community is comparable to that accorded to certain non-member 
countries; whereas the tariff arrangements applied to Ceuta need to be 
adjusted accordingly; 
Whereas the Joint declaration on Protocol 2 is intended to permit the 
substitution of products covered by Article 3 of the Protocol In question; 
Whereas the Kingdom of Spain has asked that the Commission open a zero-duty 
Community tariff quota for live fry and Juveniles of sea bream and bass 
originat ing in Ceuta; 
Whereas a zero-duty Community tariff quota should therefore be opened for 
live fry and juveniles of sea bream and bass originating in Ceuta and the 
annual quota volume fixed on the basis of annual production at 3 million 
individual fish; whereas the quota year must run from 1 July to 30 June 
for the lifetime of this Regulation; whereas application of the tariff 
quota is subject to compliance with the rules laid down for the common 
organization of the markets; 
Whereas it is, in particular, necessary to guarantee all Community 
importers equal and continuous access to the quota and ensure the 
uninterrupted application of the rate laid down for the quota to all 
imports of the products in question into all Member States until the quota 
is exhausted; 
Whereas it is for the Community, in compliance with its international 
obligations, to decide to open tariff quotas-, whereas there is, however, no 
reason why the Member States should not be authorized, in the interests of 
the efficient administration of the quota, to draw from the quota volumes 
the quantities needed to cover actual imports; whereas this method of 
administration calls for close cooperation between the Member States and 
the Commission, which must in particular be able to monitor the rate at 
which the quota is used up and inform the Member States accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation shall apply without prejudice to the arrangements provided 
for by Protocol N* 2 to the Act of Accession and its detailed rules of 
application to the products not covered by this Regulation. 
Article 2 
From 1 July to 30 June of every year, and from 30 June until 
31 December 2000, the customs duties applicable on importation into the 
Community of live fry and Juveniles of sea bream and bass originating in 
Ceuta shall be suspended at the level and within the limit of the Community 
tariff quota shown below: 
Order No CN code Taric 
subdivision Description Amount of 
quota 
(individual 
fish) Quota duty 
(in X) 
09.0321 ex 0301 99 90 Live fry and juveniles of 
sea bream (Sparus aurata) 
and bass (Dicentrarchus labrax) 
1 July to 30 June 3 000 000 Free 
•T 
The quota volume for the period 30 June-31 December 2000 shall be allocated 
on a pro rata basis. 
Article 3 
The product's originating status shall be proven in accordance with 
Article 6 of Council Regulation (EEC) No 1135/88 of 7 March 1988.1 
Article 4 
The tariff quota referred to in Article 1 shall be administered by the 
Commission, which may take all appropriate measures to ensure efficient 
administration thereof. 
Article 5 
Where an importer declares in a Member State a product covered by this 
Regulation for release for free circulation and applies to take advantage 
of the preferential arrangements, and that declaration is accepted by the 
customs authorities, the Member State concerned shall, by notifying the 
Commission, draw an amount corresponding to its requirements from the quota 
volume. 
Requests for drawings, indicating the date of acceptance of the said 
declarations, must be sent to the Commission without delay. 
The drawings shall be granted by the Commission by reference to the date of 
acceptance of the declaration for release for free circulation by the 
customs authorities of the Member State concerned, to the extent that the 
available balance so permits. 
If a Member State does not use the quantities drawn, it shall return them 
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 on a pro rata basis. The 
Commission shall inform the Member States of the drawings made. 
1 OJ No 2 L 114, 2 May 1988, p.1. 
Article 6 
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. 
Art icle 7 
The Member States and the Commission shall cooperate closely to ensure that 
this Regulation is complied with. 
Article 8 
This Regulation shall enter into force on the third day following that of 
its publication in the Official Journal of the European Communities. 
It shall apply from 1 July 1994. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, ... 
For the CounciI 
The President 
? 
FINANCIAL STATEMENT 
Budget heading involved: Chapter 12, Article 120 
Legal basis: Article 25 of the Act of Accession of Spain and 
Portugal, and Protocol 2 to that Act. 
Title of tariff measure: Draft Council Regulation (EC) opening and 
providing for the administration of a Community tariff quota for live 
fry and Juveniles of sea bream and bass originating in Ceuta. 
Aim: Contractual obligation of the Community (Act of Accession) 
Method of calculation: 
CN code: 
Volume of quota: 
Duty to be applied: 
CCT duty: 
Average unit price: Sea bream 
Bass ex 0301 99 90 
3 000 000 (individual fish) 
OX 
16% 
ECU 0.6/individual fish 
ECU 0.4/individual fish 
(100 000 individual fish to the 
tonne) 
0.6 X 1 500 000 - 900 000 
0.4 X 1 500 000 - 600 000 
TOTAL ECU 1 500 000 x 16% - ECU 240 000 
Loss of revenue 
The loss of revenue for each quota period amounts to ECU 240 000. At 
constant prices, the total loss of revenue for the quota periods laid 
down in this Regulation is ECU 1 560 000. 
t 
ISSN 0254-1475 
COM (94) 194 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-94-209-EN-C 
ISBN 92-77-68809-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
?