COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.04.1995 
COM(95) 91 final 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (1995) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
As part of the annual overall review within the Council concerning the granting of autonomous preferences for fishery 
products, the Commission has drawn up a report on the markets and supply needs of user industries for 1995. 
Having regard to the requirements of the internal and external policies of the Community, the Commission is proposing a 
certain number of tariff measures, notably tariff quotas, to ensure continuation of Community production in accordance 
with the rules and obligations of the common organisation of the markets, and to ensure provisionally supply of the 
processing industries while also taking into account the current and foreseeable situation on the international market. 
In these conditions, the tariff quotas for the products specified are for products which meet the conditions laid down as 
regards the reference prices fixed, or to be fixed, and which are intended for processing. 
Furthermore, according to this proposal, these tariff measures should be opened from 1 April 1995 for a period extending 
to 30 June 1995 in order to allow planning of supply to the industry without destabilizing the revenue of Community 
producers. 
This is the purpose of the attached proposal. 
Proposal for 
COUNCIL REGULATION ŒO No /QS 
of 
opening and providingfor the administration of autonomous 
Community tariff quotas for certain fishery products (1995) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particuluar Article 28, thereof, 
Having regard to the proposal from the Commission, 
Whereas Community supplies of certain species of fish or 
fish fillets currently depend on imports from third coun­
tries ; 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 jeopar­
dize the development prospects of this production in thé 
Community and to ensure an adequate supply to satisfy 
user industries, it is advisable to open those quotas for the 
period from the date of entry into force of this Regulation 
to 30 June 1995 , applying customs duties varied 
accordingly to sensitivity of the different products on the 
Community market; 
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 applica­
tion 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 adminis­
tration of these quotas, there is no reasonable obstacle to 
authorizing 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; 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 Regula­
tion (EEC) No 3759/92 of 17 December 1972 on the 
common organization of the market in fishery and aqua-
culture products^1), as last amended by Council 
Regulation (EC) Nr. 3318/94(2), 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. 
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 admi­
nistration thereof. 
Article 3 
If an importer presents in a Member State an entry for 
release for free circulation, including a request for pref­
erential benefit for a 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. 
HAS ADOPTED THIS REGULATION 
Article 1 
1 From the entry into force of this Regulation 
to 30 June 1995, the customs duties applicable on The drawing requests, with indication of the date of 
acceptance of the said entries, msut 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 not use the quantities drawn it 
shall return them as soon as possible to the corresponding 
quota amount 
(') OJ No L 388, 31. 12. 1992, p. I. 
(2) OJ No L 350,31.12.94, p. 15 
If the quantitites 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. to the quotas for such time as the residual balance of the 
quota volumes so permits. 
Article } ~ -
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 4 
Each Member State shall ensure that importers of the 
products concerned have equal and uninterrupted access Article 6 
This Regulation shall enter into force on the third 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 
J> 
ANNEX 
Series 
Number 
09.2753 
09.2765 
09.2773 
09.2758 
09.2779 
09.2780 CNcode 
ex 0302 50 
ex 0302 69 35 
ex 0303 60 
ex 0303 79 41 
0305 62 00 
0305 69 10 
ex0306 13 10 
ex 0306 23 10 
ex 0302 70 00 
ex 0304 90 05 
ex 0304 10 38 
ex 0304 20 91 Description of goods 
Cod (Gadus morhua, Oadus ogac, Gadus macrocephalus), and fish of the genus 
Boreogadus saida, excluding, livers, roes, presented fresh, chilled or frozen, for 
processing (a)(b) 
Cod {Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish of the species 
Boreogadus saida, salted or in brine, but not dried or smoked 
Shrimps and prawns of the species Pandalus borealis, in shell, fresh, chilled or 
frozen, for processing (a)(b) 
Cod livers {Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish liver of 
the genus Boreogadus saida, for processing (a)(b) 
Surimi, frozen, for processing (aXb) 
Blue grenadier fillets {Macrouronus novaezelandiae), fresh, chilled or frozen for 
processing (a)(b) Amount of 
quota 
(in tons) 
13 200 
2 475 
1980 
100 
990 
330 Quota duty 
(%) 
6 
6 
6 
0 
6 
6 
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 
(b) The quotas shall apply to products intended to undergo any operation unless they are intended to undergo exclusively 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, 
deepfreezing 
thawing, separation. 
The quota is not allowed for products intended, in addition to undergo treatment (for operations) qualifying for the quota where such 
treatment (for operations) is (are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended 
for human consumption. 
TARIC codes 
Series No CN Code I TARIC code 
09.2753 " ex 0302 5010 " *ïï 
*19 
ex 0302 50 90 *11 
ex 0302 50 90 *91 
ex 0302 69 35 *10 
ex 0303 60 11 *10 
ex0303 60 19 *10 
ex 0303 60 90 *10 
ex 0303 79 41 _ _10 
09.2758 ex 0302 70 00 _20 
09.2773 ex0306 13 10 *10 
ex 0306 23 10 *11 
ex 0306 23 10 »91 
09.2779 ex 0304 90 05 __0_ 
09.2780 ex 0304 20 91 *10 
ex 0304 10 38 *50 
r 
FINANCIAL RECORD 
1. Budget line concerned :Chap. 12 Art. 120 
Legal basis : Art. 28 of the Treaty 
Title of the tariff measure concerned : Proposal for Council Regulation opening and providing for the 
administration of Community tariff quotas, for certain fishery products ( 1995) 
4. Objective : To ensure an adequate supply for Community user industries 
5. Motod of calculation: 
Order 
number 
09.2753 
09.2765 
09.2773 
09.2758 
09.2779 
09.2780 CN rate of 
duty 
(%) 
13,03 
13 
12 
10 
15 
13,5 Rate of 
duty 
(%) 
6 
6 
6 
0 
6 
6 Estimated 
price 
ECU/T 
1270 
3 048 
3 099 
1588 
1829 
2 074 Volume of 
quota 
(ECU/T) 
13 200 
2 475 
1980 
100 
990 
333 Loss of revenue 
(ECU) 
1 178 509 
528 066 
368 161 
15 880 
162 964 
51798 
Total loss: 2 305 378 
On the basis of the available Community statistics for 1993, the cost of this tariff-measure available for 1993 is estimated 
at 2 305 378 ECU. 
«r 
ISSN 0254-1475 
COM(95) 91 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-95-104-EN-C 
ISBN 92-77-86884-8 
Office for Official Publications of the European Communities 
L-29S5 Luxembourg 
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