COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 23.07.1996 
COM(96) 379 final 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (second series 1996) 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
During the annual global review by the Council of autonomous preferential arrangements for 
fishery products, the Commission services conducted a study of the markets and supply needs for 
user industries in 1996. Subsequently the Council adopted Regulation (EC) N° 789/96 opening 
and providing for the administration of autonomous Community tariff quotas for certain fishery 
products (1996) 
Following the receipt of a request from a Member State, the Commission services considered 
whether it would be opportune to open an autonomous Community tariff quota for herrings, for 
the remainder of 1996. 
The Community and Norway have concluded an agreement for 1996 with a view to dealing with 
the biological crisis for herring in the North Sea. This agreement provides for a 50% which 
heavily cuts back the reduction in catches of this fish, provides for normal supply source of 
herrings from this sea area for processing and consumption. 
Taking account of this requirement of the Community's internal and external policies, the 
Commission proposes that an autonomous tariff quota should be opened, for the rest of the year, 
for 40 000 tonnes of whole herring fresh or chilled. Whist respecting the roles and obligations of 
the common organisation of the markets this measure should ensure that the processing industries 
receive a supply in conditions which reflect the international market situation, current and 
forecastable. 
This is the purpose of the attached proposal. 
L 
Proposal for 
COUNCIL REGULATION (EC) No 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (second scries 1996) 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European Community, and in particular Article 28, 
thereof, 
Having regard to the proposal from the Commission, 
Whereas Community supplies of certain species of whole herrings whole currently depend on 
imports from third countries; whereas it is in the Community's interest to suspend in part or in 
whole the customs duties for the products in question, within Community tariff quotas of an 
appropriate volume; whereas, in order not to jeopardize the development prospects of this 
production in the Community and to ensure an adequate supply to satisfy user industries, it is 
advisable to open those quotas for the rest of 1996 ; 
Whereas, by Regulation (EC) N° 789/96l, the Council opened autonomous tariff quotas for 
certain fishery products for 1996; 
Whereas it is necessary, in particular, to ensure for all Community importers equal and 
uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates 
laid down for the quotas to all imports of the products concerned into all Member States until the 
quotas have been used up; 
Whereas the decision for the opening of autonomous tariff quotas should be taken by the 
Community; whereas, to ensure the efficiency of a common administration of these quotas, there 
is no reasonable obstacle to authorising the Member States to draw from the quota-volumes the 
necessary quantities corresponding to actual imports; whereas, however, this method of 
administration requires close cooperation between the Member States and the Commission and 
the latter must in particular be able to monitor the rate at which the quotas are used up and 
inform the Member States accordingly; 
HAS ADOPTED THIS REGULATION: 
Article J 
1. From the date of entry into force of this regulation until 31 December 1996, the customs 
duties applicable on importation to products listed in the Annex shall be suspended at the 
levels and within the limits of the Community tariff quota indicated for each product. 
2. Imports of the products in question shall not be covered by the quotas referred to in 
paragraph 1 unless the free-at-frontier price, which is determined by the Member States 
in accordance with Article 22 of Regulation (EEC) No 3759/92 of 17 December 1972 on 
the common organisation of the market in fishery and aquaculture products2, as last 
amended by Council Regulation (EC) No 3318/943, is at least equal to the reference 
price fixed; or to be fixed, by the Community for the products under consideration of the 
categories of the products concerned. 
1 OJN0LIO8, 1.5.1996, p. 8. 
2 OJNoL388, 31.12.1992, p. 1. 
3 OJNoL350, 31.12.94, p. 15. 
Article 2 
The tariff quotas 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. 
Article 3 
If an importer presents in a Member State an entry for release for free circulation, including a 
request for preferential benefit for the product covered by this Regulation and if this entry for 
release is accepted by the customs authorities, the Member States concerned shall inform the 
Commission and draw an amount corresponding to its requirements from the corresponding quota 
amount. 
The drawing request, with indication of the date of acceptance of the said entries, must be 
transmitted to the Commission without delay. 
The drawings are granted by the Commission by reference to the date of acceptance of the entries 
for release for 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 hot 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 
by the Commission of the drawings made. 
Article 4 
Each Member State shall ensure that importers of the products concerned have equal and 
uninterrupted access to the quotas for such time as the residual balance of the quota volumes so 
permits. 
Articles 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 the 7th day following that of its publication in the 
Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
<* 
ANNEX 
Series 
Number 
09.2788 CN code 
ex 0302 40.98 
ex 0303 50 98 TARIC 
Sub 
division 
10 
10 Description of goods 
Herrings (Clupea harengus, Clupea pallasii),excluding 
livers and roes, fresh or chilled for industrial 
manufacture (aXb) Amount of 
quota 
(in tons) 
40 000 Quota 
duty 
(%) 
0 
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 
(b) This quota is available for products intended to undergo any operation, unless it is solely for one or more of 
the following operations: 
cleaning, gutting tailing, heading, 
cutting (excluding filleting or cutting of frozen blocks), 
sampling, sorting, 
labelling, 
packing; 
chilling, 
freezing, 
deep freezing 
thawing, separation. 
However the quota is not available for products intended, in addition to undergo treatment (or operations) 
which giver quota entirlement, where such treatment (or operations) is (are) carried out at retail or catering 
level. The reduction of customs duties shall apply only to fish intended for human consumption. 
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 28 of the Treaty 
3. Title of the tariff measure concerned : Proposal for Council Regulation opening and 
providing for the administration of Community tariff quotas, for certain fishery products 
4. Objective : To ensure an adequate supply for Community user industries 
5. Method of calculation: 
Order 
number 
09.2788 CN rate of 
duty 
(%) 
15 Rate of 
duty 
(%) 
0 Estimated 
price 
ECU/T 
275 Volume of 
quota 
(ECU/T) 
40 000 Foreseen 
revenue 
0 Loss of revenue 
(ECU) 
1.165.000 
Total foreseen revenue: 0 
Total loss: 1 650.000 ECU 
On the basis of the available Community statistics for 1995, the cost of this tariff-
measure is estimated at 1 650 000 ECU. 
6. Fight against fraud: Provisions on the management of these tariff quotas include the 
measures necessary for preventing frauds and irregularities and protecting against them. 
ISSN 0254-1475 
COM(96) 379 final 
DOCUMENTS 
EN 02 03 
Catalogue number : CB-CO-96-379-EN-C 
ISBN 92-78-07336-9 
Office for Official Publications of the European Communities 
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