COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 286 final 
Brussels, 22 June 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a 
Community tariff quota for herring, fresh or chilled, 
originating in Sweden 
(presented by the Commission) 
I 
EXPLANATORY MEMORANDUM 
Council's Decision of 15 September 1986 concerning the conclusion of 
the Agreement in the form of Exchange of Letters between the European 
Economic Community and the Kingdom of Sweden on the Agricultural and 
fisheries sectors^1) provides for the opening on a date to be 
determined by common accord of a Community tariff quota for herring, 
fresh or chilled, whole, headless or in pieces, and originating in 
Sweden. 
The present proposal aims at implementing this tariff quota for the 
period 1 August 1993 to 14 February 1994. 
As in the case of other Community tariff quotas, the proposal does 
not provide for the quota volume to be allocated among the Member 
States, which will make drawings from the quota volume to cover 
actual imports. 
(1) J.O. N- L 328 du 22.11.1986, p. 89 
3 
Proposal for a 
COUNCIL REGULATION (EEC) No 793 
opening and providing for die administration of a Community tariff quota for 
herring, fresh or chilled, originating in Sweden 
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 Sweden was concluded 
on 22 July 1972; whereas, following the accession of 
Spain and Portugal, an Agreement in the form of an 
Exchange of Letters was concluded between the European 
Economic Community and the Kingdom of Sweden on 
the agriculturan and fisheries sector ; whereas this Agree­
ment was adopted by Decision 86/558/EEC (') ; 
Whereas this Agreement provides for the opening, over a 
period to be determined by common accord, of a 20 000 
tonne duty-free Community tariff quota for herring, fresh 
or chilled, whole, headless or in pieces, originating in 
Sweden ; whereas, therefore, the tariff quota in question 
should be opened for the period 1 August 1993 to 14 
February 1994; levy for the tariff quota should be applied consistently to 
all imports until the quota is used up ; 
Whereas the decision for the opening, in 
the execution of Its international 
obligations, of 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 
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; 
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, all transactions concerning the admi­
nistration of this quota may be carried out by one of its 
members, 
HAS ADOPTED THIS REGULATION : 
Whereas equal and continuous access to the quota should 
be ensured for all Community importers and the rate of 
Article 1 
1. From 1 August 199J to 14 Febmary 1994 the 
Common Customs Tariff duty on the following products 
shall be suspended at the level and within the time limit 
of the Community tariff quota as shown herewith : 
Order No 
09.0615 CN code 
ex 0302 40 90 
ex 0304 10 93 
ex 0304 10 98 Description 
Herring and meat of herring, fresh or chilled, originating in 
Sweden Amount 
of quota 
(in tonnes) 
20 000 Quota duty 
(•/.) 
0 
(') Taric codes : ex 0302 40 90 '^O, ex 0304 10 93 '^0, ex 0304 10 98 * 1^ 
(') OJ No L 328, 22. 11. 1986, p. 89. 
2 Imports of the products in question shall not benefit 
from the tariff quotas referred to in paragraph 1 unless 
the free-at-frontier prices, which are determined by the 
Member States according to Article 22 of Council Regula­
tion (EEC) No 37S9/95 . • °" tne 
common organization of the market in fishery 
and aquacultural products*1*; 
amended by Council Regulation (CEE) n' 697/93*2) 
are at least equal to the reference prices if 
such prices have been fixed or are to be fixed by the 
Community for the product under consideration or the 
levy of the products concerned. For the calculation of the 
reference price, the following coefficients shall be appli­
cable : 
whole herring : I, 
— flaps of herring : 2,32, 
— pieces of herring: 1,96. ^ 
authorities, the Member Stare concerned shall inform the 
Commission and draw an amount corresponding to its 
requirements from the quota amount. 
The drawing requests, with indication of trie Jate of 
acceptance of the said declarations, must be transmitted 
to the Commission without delay. 
The drawings are granted by the Commission by 
reference to the date of acceptance of the declaration of 
entry into free circulation by the customs authorities of 
the Member Slate contented to the extend lli.n I he avai­
lable balance so permits. 
If a Member States does not use the quantities drawn, it 
shall return them as soon as possible to the 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 thereof. 
Article 2 
The tariff quota referred to in Article 1 shall be adminis­
tered by the Commission, which may take all appropriate 
administrative measures in order to ensure effective admi­
nistration thereof. 
Article 3 
If an importer presents, in a Member State, a declaration 
of entry into free circulation, including a request for 
preferential benefit for a product covered by this Regula­
tion and if this declaration is accepted by the customs Article 4 
Each Member State shall ensure that importers of the 
products concerned have equal and continuous access to 
the quota for such time as the residual balance of the 
quota volume so permits. 
Article 5 
Member States and the Commission shall collaborate 
closely in order to ensure that (his Regulation is complied 
with. 
Article 6 
This Regulation shall enter into force on 1 August 1993. 
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 388,31. 12. 19 i, p. 1. 
(2) OJ N- L 76, 30.3.1993 p.12 
j-
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 113 of the Treaty 
3- Title of the tariff measure concerned : 
Proposal for a Council regulation (EEC) opening and providing for 
the administration of a Community tariff quota for herring, fresh 
or chilled, originating in Sweden. 
4- Object ive : Fulfilment of contractual obligations of the Community 
(Agreement EEC/Sweden) 
5. Method of calculation : 
CCT heading: 20 000 t 
Volume of the quota: 0 % 
Normal duty: 15 % 
6. Duty-loss : 
Unit value (ecus) : 336 
Total value (ecus) : 6 720 000 
Duty-loss (ecus) (15%) : 1 008 000 
Compared with the preceding period: increased of duty-loss : 
1 008 000 ecus - 960 000 ecus - 48 000 ecus. 
G 
ISSN 0254-1475 
COM(93) 286 final 
DOCUMENTS 
EN 11 02 
Catalogue number : CB-CO-93-320-EN-C 
ISBN 92-77-56959-X 
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