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C0M(94) 65 final 
Brussels, 07.03.1994 
«V Proposal for 
COUNCIL REGULATION (EC) 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (1994) 
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1 
X 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 
1994. 
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 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 1994 for a period extending to 31 December 1994 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 (EC) No l$± 
Of 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (1994) 
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 fish or 
fish fillets currently depend on imports from third coun­
tries ; whereas it is in the Community's interest to 
suspend partially the customs duties for the products in 
question, within Community tariff quotas of an appro­
priate volume ; whereas, in order not to jeopardize the 
development prospects of this production in the Commu­
nity and to ensure an adequate supply to satisfy user 
industries, it is advisable to open these quotas for the 
period from 1 April to 31 December 1994» 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 ; 
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 relating to the adminis­tration of the tariff quotas may be carried out by any of its 
members, 
HAS ADOPTED THIS REGULATION 
Ankle 1 
1. From 1 April to 31 December 1994 tne 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 quotas 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 24 of Regula­
tion (EEC) No 3687/91 of 28 November 1991 on the 
common organization of the market in fishery 
products ('), 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 prefe­
rential 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. 
(') OJ No L 354, 23. 12. 1991, p. 1. 
The drawing requests, 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 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 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. 
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 1994 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
5* 
ANNEX 
Series No 
09.2753 
09.2773 
09.2758' 
092779 CN code 
(') 
ex 0302 50 
ex 0302 69 35 
ex 0303 60 
ex 0303 79 41 
ex 030613 10 
ex 0306 23 10 
»x 0302 70 00 
ex 0304 90 05 Description 
Cod (Gadus morhua, G ados ogac, Gadus macrocephalus), and 
fish of the genus Boreogadus saida, excluding, livers, roes, 
presented fresh, chilled or frozen, for processing 
(a) (b) ., > 
Shrimps and prawns of the species Pandalus borealis, in shell, 
fresh, chilled or frozen, for processing (a) (b) 
Cod livers (Gadus morhua, Godos ogac, 
Gadus macrocephalus), and fish liver of 
the genus Boreogadus saida, for processing 
, (a) (b) 
Surimi, frozen, for processing (a) (b) Amount 
of quota 
(in tonnes) 
30 000 
6 000' 
300 
2 000 Quota duty 
("/.) 
6 
6 
0 
6 
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 
(b) The quota shall apply to products intended to undergo any operation unless they are intended to undergo esclusively one or more of the following opera­
tions : 
— cleaning, gutting, tailing, heading, 
— cutting (excluding filleting or cutting of frozen blocks), 
— sampling, sorting, 
— labelling, 
— packing, 
— chilling, 
— freezing, 
— deep freezing, 
— 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 opera­
tions) is (are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended for human consumption. 
(') See Taric codes in the Annex. 
Annex to the Annex 
Series No CN code Tarie code 
09.2753 ex 0302 50 10 (^19 
ex 0302 50 90 Ml 
ex 0302 50 90 *9l 
ex 0302 69 35 ' 10 
ex 0303 60 11 * 10 
ex 0303 60 19 ' 10 
ex 0303 60 90 * 10 
ex 0303 79 41 * 10 
09.2758 ' ex 0302 70 00 *20 
09.2773 ex 0306 13 10 * 10 
ex 0306 23 10 * 11 
ex 0306 23 10 '91 
09.2779 ex 0304 90 05 *10 
¥ 
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 (1994) 
4. Object ive : To ensure an adequate supply for Community user 
industr ies 
Cost of this tariff-measure : 
On the basis of the available Community statistics, the cost of this 
tariff-measure is estimated at 4 191 000 ecus. 
5 
ISSN 0254-1475 
CO M (94) 65 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-94-069-EN-C 
ISBN 92-77-65777-4 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg