COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 07.02.1997 
COM(97) 38 final 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products 
(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 1997. 
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 I March 
1997 for periods extending to 31 March 1998 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. 
1 
Proposal for a 
COUNCIL REGULATION (EC) No /97 
of 
opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products 
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 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, 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 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: 
3> 
Article 1 
1. The import duties on the goods listed in the Annex shall be suspended at the indicated 
duty rate for the periods and in the amounts indicated therein. 
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 products1, as last 
amended by Council Regulation (EC) No 3318/942, 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 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 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. 
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 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. 
1 OJ No L 388, 31.12.1992, p. I. 
2 OJ No L 350, 31.12.94, p. 15. 
4: 
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 seventh day following that of its publication in the 
Official Journal of the European Communities. 
It shall be apply from 1 March 1997. 
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 
09.2753 
09.2756 
09.2758 
09.2765 
09.2773 CN code 
ex 0302 50 10 
ex 0302 50 90 
ex 0302 69 35 
ex 0303 60 11 
ex 0303 60 19 
ex 0303 60 90 
ex 0303 79 41 
ex 0303 60 11 
ex 0303 60 19 
ex 0303 60 90 
ex 0303 79 41 
ex 0302 70 00 
ex 0305 62 00 
ex 0305 69 10 
ex 0306 13 10 
ex 0306 23 10 TARIC 
Sub 
division 
20 
11 
91 
10 
10 
10 
10 
10 
10 
10 
10 
20 
20 
25 
29 
10 
10 
11 
91 Description of goods 
Cod (Gadus morhua, Gadus 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 genus Boreogadus saida, 
excluding, livers, roes, frozen, for 
processing (a)(c) 
Cod livers (Gadus morhua. Gadus 
ogac, Gadus macrocephalus), and 
llsh liver of the genus Boreogadus 
saida, lor 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, 
for processing (a)(b) 
Shrimps and prawns of the species 
Pandalus horealis, in shell, fresh, 
chilled or frozen, for processing 
(a)(b) Amount 
of 
quota 
(in tons) 
55.000 
10000 
400 
9.000 
6.000 Quota 
duty 
(%) 
4 
4 
0 
•1 
0 Quota 
period 
01.04-
31.12.97 
01.04-
31.12.97 
01.04-
31.12.97 
01.01-
31.12.97 
01.03 97-
31.03.98 
09.2779 
09.2780 
09.2785 
09.2786 
09.2788 ex 0304 90 05 
ex 0304 20 91 
ex 0304 90 97 
ex 0307 49 59 
ex 0307 99 11 
ex 0307 49 59 
ex 0307 99 11 
ex 0302 40 05 
ex 0302 40 98 
ex 0303 50 05 
ex 0303 50 98 10 
10 
60 
10 
10 
20 
20 
10-
10 
10 
10 Surimi, frozen, for processing (aXb) 
Blue grenadier fillets (Macrouronus 
novaezelandiae), and other frozen meat 
of blue grenadier for processing (aXb) 
Tubes of squid (Omnastrephes spp., 
excluding Sagittatus, -Nototodarus 
spp., Sepioteuthis spp.), and Illex spp., 
frozen , for processing (aXb) 
Squid (Omnastrephes spp.- excluding 
Sagittatus Nototodarus spp., 
Sepioteuthis spp.) and Illex spp., frozen 
whole, tentacles and fins, for 
processing (aXb) 
I lerrings (Clupea harengus, 
Clupea pallasii),cxcluding livers 
and roes, fresh or chilled for 
industrial manufacture (aXb) 4.000 
3.500 
7.000 
500 
20.000 6 
6 
4 
4 
0 01.04-
31.12.97 
01.04.97-
31.03.98 
01.04-
31.12.97 
01.04-
31.12.97 
01.09.97-
14.02.98 
(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, production of flaps or cutting of frozen blocks), 
sampling, sorting, 
labelling, 
packing; 
chilling, 
freezing, 
deep freezing 
thawing, separation. 
(c) The quota is available for products destined exclusively for salting and drying. 
However the quota is not available for products intended, in addition to undergo treatment (or operations) 
which gives quota entitlement, 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. 
Tr 
FINANCIAL RECORD 
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 
09.2753 
09.2756 
09.2758 
09.2765 
09.2773 CN rate of 
duty 
(%) 
-5.000 
(v. previous: 
60.000) 
10.000 
0 
(v. previous: 
400) 
0 
(v. previous: 
9.000) 
0 
(v. previous: 
6.000) Rate of 
duty 
(%) 
-94 
(p. previous: 
1.270) 
0 
(p. initial : 
1.193) 
-92 
(p. previous: 
1.588) 
-121 
(p; previous: 
3.048) 
103 
(p. previous: 
3099) Estimated 
price 
ECU/T 
0 
(d. previous: 
12) 
0 
(d. initial: 12) 
0 
(d. previous: 
10) 
0 
(d. previous: 
13) -
0 
(d. previous: 
12) Volume of 
quota 
(ECU/T) 
0.5 
(d. previous: 
4.5) 
0 
(d. initial: 4) 
0 
(d. previous: 0) 
0 
(d. previous: 4) 
0 
(d. previous: 0) Assessed variation on duty 
loss against the preceding 
quota period 
(Ecus) 
-540.600 
(previous loss: 5.715.000) 
954.400 
-3.680 
(previous loss: 63.520) 
-98.010 
(previous loss: 2.468.880) 
74.160 
(previous loss: 2.231.280) 
S 
09.2779 
09.2780 
09.2785 
09.2786 
09.2788 500 
(v. previous: 
3.500) 
0 
(v. previous: 
3.500) 
3.500 
(v. previous: 
3.500) 
0 
(v. previous: 
500) 
- 20 000 
(v. previous: 
40.000) 370 
(p. previous: 
1.829) 
-759 
(p. previous: 
2.074) 
-110 
(p. previous: 
1.475) 
-110 
(p. previous: 
1.475) 
75 
(p. previous: 
275) 0 
(d. previous: 
15) 
0 
(d. previous: 
10,5) 
0 
(d. previous: 
8) 
0 
(d. previous: 
8) 
0 
(d. previous: 
15) 0 
(d. previous: 0) 
0 
(d. previous: 6) 
0 
(d. previous: 4) 
0 
(d. previous: 4) 
0 
(d. previous: 0) 359.175 
(previous loss: 960.225) 
-119.543 
(previous loss: 326.655) 
175.700 
(previous loss: 206.500) 
-2.200 
(previous loss: 29.500) 
-600.000 
(previous loss: 1.650.000) 
Sum of assessed variation on duty loss against the preceding quota period (Ecus) 
199.402 ecus 
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(97) 38 final 
DOCUMENTS 
EN 03 02 01 
Catalogue number : CB-CO-97-035-EN-C 
ISBN 92-78-15488-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg