COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91)390 final 
Brussels. 23 October 1991 
Proposal for a 
MMIMCIL REftlH AT I ON (EEC) 
ft,««m<r and oroviding for the administration of Community tariff quotas for 
^oraïd £hPZf the* species Bor.og.dus ^Jried, salted or « bnne, 
originating in Norway (193Z) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
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 
f), 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 Description Quota Rate of 
Tariff heading volume duty 
No (T) (%) 
0302 Fish, dried, salted or in brine; 
smoked fish, whether or not 
cooked before or during the 
smoking process: 
A. Dried, salted or in brine: 
I. Whole, headless or in 
pieces: 
b) Cod (Gadus morhua, 
Boreogadus sa Ida, 
Gadus ogac) 
- dried, unsalted 3 900 0 
- dried, salted 13 250 0 
- wet salted, or in brine 10 000 0 
2. • The quota of 3 900 tonnes foreseen for cod, dried and not salted is 
opened, at the request of the Norwegian authorities, starting on 1 
January 1992. The current proposal foresees therefore the coming Into 
application of the other quotas for the period 1 April to 31 December 
1992 taking into account the entry into force of the Combined 
Nomenclature which replaces that of the Common Customs Tariff. 
(1) 0J No L 328, 22.11.1986, p. 76 
-2-
3. 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. 
_ 3 -
Proposal for a 
COUNCIL REGULATION (EEC) No 
of /5>1 
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 (1992) 
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 1992; 
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 consis­
tently to all imports of the products in question into ail 
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 corre­
sponding 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 1992, 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 codeQ Description Volume 
of quota 
(tonnes) Rate 
of duty 
(%) 
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 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 macrocephalus) : 
— — — Dried, salted : 
— Excluding cod of the species Gadus macrocephalus 
Other : 
— — — Fish of the species Boreogadus saida : 
— — — — Dried, salted 
— Fish, salted but not dried or smoked and fish in brine : 
— — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) : 
— Excluding the species Gadus macrocephalus 
Other : 
— — — Fish of the species Boreogadus saida 13 250 
10 000 
C) See Taric codes in the Annex hereto. 
(') OJ No L 328, 22. 11. 1986, p. 76. 
-* 
Within the limits of the above tariff quotas the Kingdom 
of Spain and the Portuguese Republic shall apply duties 
of0,9and 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 19S2. 
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. 1. 
(2) OJ No L 282, 2. 10. 1989, p. 1. 
ANNEX 
Tarie codes 
Order No CN code Taric codes 
09.0703 ex 0305 51 90 0305 51 90 * 11 
'19 
•20 
09.0705 ex 0305 62 00 0305 62 00 * 11 
'19 
•21 
*29 
•31 
'39 
ê 
FINANCIAL RECORD 
Budget line concerned : Chap. 12 Art. 120 
Legal basis : Art. 113 of the Treaty 
Title of the tariff measure concerned : Proposal for Council 
regulation (EEC) opening and providing for the administration of 
Community tariff quotas for cod and fish of the species Boreogadus 
saida. salted or in brine, originating in Norway (1992). 
Objective : 
Method of calculation : 
CN-code : 
Volume of the quota: 
(tonnes) 
Duty-rate to be applied: 
Normal duty-rate : ex 0305 51 90 
0305 59 19 
13 250 
0 % 
13 % ex 0305 62 00 
0305 69 10 
10 000 
0 % 
13 % 
6 Duty-Ioss : 
value per tonne 
total value : 
loss of duties 4.384 ecus 
58.088.000 ecus 
7.551.440 ecus 2.575 ecus 
25.750.000 ecus 
3.347.500 ecus 
Total duty-Ioss : 10.898.940 ecus 
Compared with 1991. there is a decrease in duty-loss of (12.554.360 ecus -
10.898.940 ecus), viz. 1.655.420 ecus (cf. written procedure C0M(90) 444 of 
20.9.90). 

BSN 0254-1475 
COM(91) 390 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-91-440-EN-C 
ISBN 92-77-76365-5 
( )ffîce for OfBcial Publications of the European Communities 
I -2985 Luxembourg