EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 25.7.2005 
COM(2005) 345 final 
2005/0142 (ACC)   
Proposal for a 
COUNCIL REGULATION 
temporarily reducing the autonomous common customs tariff duties for certain tropical 
fishery products 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1) CONTEXT OF THE PROPOSAL  
110 • Grounds for and objectives of  the proposal/General context  
120 It is in the interest of the EU to allow im portation of certain tropical fishery products in 
2005 at a temporarily reduced customs tariff in  order to avoid disruptions of trade. 
130 • Existing provisions in the area of the proposal  
Council Regulation (EEC) No 2658/87 on the ta riff and statistical nomenclature and on 
the Common Customs Tariff1 as last amended by Re gulation (EC) No 1810/2004.2 
140 • Consistency with other policies and objectives of the Union  
In line with agricultural, fisheries, trade, development and external relations policies.  
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
 • Consultation of interested parties  
211 Consultation methods, main sectors targ eted and general pr ofile of respondents  
The Management Committee for Fishery produc ts and the Committee 133 representing 
the interests of Member States were consulted. 
212 Summary of responses and how th ey have been taken into account  
The proposed measures are supported by a large majority of Member States. 
 • Collection and use of expertise  
221 Scientific/expertise domains concerned  
Experts representing the MS on the Mana gement Committee for Fishery Products 
222 Methodology used  
Open consultation 
223 Main organisations/experts consulted  
Experts designated by each of the Member States. 
                                                 
1 OJ L 256, 7.9.1987, p. 1. 
2 OJ L 327, 30.10.2004, p. 1. 
 
EN 3   EN 2249 Summary of advice received and used  
The existence of potentially serious risks with  irreversible conse quences has not been 
mentioned. 
225  
226 Means used to make the exper t advice publicly available  
Publication of the Proposal 
230 • Impact assessment  
Not applicable 
Proposal not included in the Commission's Working and Legislative Programme 2005. 
3) LEGAL ELEMENTS OF THE PROPOSAL  
305 • Summary of the proposed action  
Proposal for a Council Regulation temporar ily reducing the common customs tariff 
duties on certain tropical fishery products 
310 • Legal basis  
Article 133 
329 • Subsidiarity principle  
The proposal falls under the ex clusive competence of the Co mmunity. The subsidiarity 
principle therefore does not apply. 
 • Proportionality principle  
The proposal complies with the proportionali ty principle for the following reason(s). 
331 It is necessary to adopt interim measures to avoid disruptions of trade in certain 
tropical fishery products between su pplier countries and the Community. 
332 This set of measures is in line with the prin ciples set out to simplify the procedures for 
operators engaged in foreign trade and in accordance with the Commission 
communication concerning autonomous tari ff suspensions and quotas (98/C 128/02) 
 
EN 4   EN  • Choice of instruments  
341 Proposed instruments: Council regulation. 
342 Other means would not be adequate for the following reason(s). 
Autonomous tariff suspensions and reductions  as well as quotas  are approved by the 
Council acting on a qualified majority on the basis of a Commission proposal. A 
regulation is required to en sure direct applicability and uniformity throughout the 
Community.  
4) BUDGETARY IMPLICATION  
401 Uncollected customs duties 
5) ADDITIONAL INFORMATION  
 • Review/revision/sunset clause  
533 The proposal includes a sunset clause.  
560 • European Economic Area  
The proposed act concerns an EEA matter a nd should therefore exte nd to the European 
Economic Area. 
  
 
EN 5   EN  
2005/0142 (ACC) 
Proposal for a 
COUNCIL REGULATION 
temporarily reducing the autonomous common customs tariff duties for certain tropical 
fishery products 
  
(Text with EEA relevance) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
133 thereof, 
Having regard to the proposal from the Commission
3, 
Whereas: (1) The Common Customs Tariff is laid down in Council Regulation (EEC) No 2658/87.
4 
(2) The Community is a major consumer of cer tain tropical fishery products. It has to 
import important quantities of su ch products in order to satis fy its needs. In order to 
avoid disruptions of trade, it is in the inte rest of the Community to reduce temporarily 
the Common Customs tariff for the importation of these products. 
HAS ADOPTED THIS REGULATION: 
Article 1 
The autonomous Common Customs Tariff dutie s as contained in Regulation (EEC) No 
2658/87 are reduced, in respect of the products lis ted in the Annex to this Regulation to the 
rate laid down therein. 
                                                 
3 OJ C , , p. . 
4 OJ L 256, 7.9.1987, p. 1 as last amended by Regulation (EC) No 1810/2004, OJ L 327, 30.10.2004, p. 
1. 
 
EN 6   EN Article 2 
This Regulation shall enter into force on the se venth day following that of its publication in 
the Official Journal of  the European Union .  
It shall apply from 1 August 2005 to 31 December 2005.  
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Council 
 The President   
 
EN 7   EN ANNEX  
The products for which autonomous Common Cust oms Tariff duties are reduced from the 1st 
August 2005 till 31 December 2005 
CN code Description Duty rate 
Chapter 3 Fish and crustaceans, molluscs and other aquatic 
invertebrates  
 Crustaceans, whether in shell or not, live, fresh, chilled, 
frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or  in brine; flours, meals and 
pellets of crustaceans, fit for human consumption  
 Shrimps and prawns  
0306 13 50 Shrimps of the genus Penaeus  4.2 
0306 13 80 Other 4.2 
   
Chapter 16 Preparation of meat, of fish or  of crustaceans, molluscs or 
other aquatic invertebrates  
 Crustaceans, molluscs and other aquatic invertebrates, 
prepared or preserved  
 Shrimps and prawns  
1605 20 10 In airtight containers 7.0 
 Other  
1605 20 91 In immediate packing of a net content not exceeding 2 kg 7.0 
 
EN 8   EN LEGISLATIVE FINANCIAL STATEM ENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE  
1. NAME OF THE PROPOSAL: 
Proposal for a Coucil Regula tion temporarily reducing the autonomous common customs 
tariff duties for certain fishery products  
2. BUDGET LINES : 
Chapter and Article: Chap. 12 art. 120 
Amount budgeted for the year concerned: millions 
3. FINANCIAL IMPACT  
 Proposal has no financial implications 
x Proposal has no financial impact on expenditu re but has a financial impact on revenue 
– the effect is as follows: 
(€ million to one decimal place)  
  
Budget line Revenue5 12 month period, 
starting dd/mm/aaaa[Year n] 
Article 120 Impact on own resources 01/01/2005 - 170,6 
 
4. ANTI-FRAUD MEASURES 
Provisions on the management of these suspen sions include the measures necessary for 
preventing frauds and irregularit ies and protectin g against them. 
                                                 
5 Regarding traditional own resources (agricultural duties, sugar levies, customs duties) the amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 
 
EN 9   EN 5. OTHER REMARKS  
Effective from 01.08.2005: 
CN code  Expected variation in the loss of revenue in relation to the previous period (in €)
0306 13 50 59 546 000 
0306 13 80 28 348 000 
0306 13  87 894 000  
1605 20 10 1 092 000 
1605 20 91 4 796 000 
1605 20  5 890 000 
Total duty loss against the previous annual period: 
(93.784.000 – 23.446.000) = 70.338.000 € net .