Proposal for a COUNCIL REGULATION opening and providing for the administration of Community tariff quotas for certain fishery products originating in Ceuta

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. By Council Regulation (EC) No 2622/97 the Council opened tariff quotas for 1998 and 1999 for live fry and juveniles of sea bream and sea bass (CN codes ex 0301 99 90), sea bass (CN code 0302 69 94) and sea bream (CN code 0302 69 95), originating in Ceuta.

2. By a letter dated 15th November 1999 the Spanish administration asked the Commission to extend the validity of these tariff quotas to the year 2000. However, informal contacts with Member States in the Economic Questions Group of the Council on 24th November revealed that in view of the protocol on the role of national parliaments in the European Union (Protocol No 9 of the Amsterdam Treaty) the Council would not be in a position to adopt an extension of the validity of Council Regulation (EC) No 2622/97 before 31.12.1999. It is, therefore, necessary to reopen these quotas by adopting this proposal.

3. The Spanish authorities backed their request with social and economic arguments on Ceuta, showing the constraints under which Ceuta's economy is operating and the difficulties faced by the local fishing industry.

Tariff quotas for these products for 2000, 2001 and 2002 are justified because the economic situation in Ceuta requires the adoption of preferential measures to facilitate its exports to the Community. Also, some non-member countries, in particular the Maghreb countries, are granted preferential tariff treatment by the Community for products of the same CN codes. This warrants the adoption by the Community of similar tariff measures for Ceuta.

The quota period will run from 1 January to 31 December each year. As this regulation can only be adopted in the Council at the beginning of the year 2000, the quota period for 2000 will run from 1 April to 31 December, with nevertheless a quota volume for the whole year.

The annual quota volumes are as follows:

Live fry and juveniles of sea bass and sea bream 3 000 000 units

Sea bass and sea bream 100 tonnes

These volumes have been calculated on the basis of estimated production of these products, according to information received by the Spanish authorities.

2000/0026 (ACC)

Proposal for a COUNCIL REGULATION opening and providing for the administration of Community tariff quotas for certain fishery products originating in Ceuta

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission [1],

[1] OJC ..., ..., p. ...

Whereas:

(1) By Regulation (EC) No 2622/97 [2], the Council implemented zero-duty Community tariff quotas for 1998-99 for live fry and juveniles of sea bass and bream, sea bass and sea bream originating in Ceuta (Order No 09.0321 and 09.0322);

[2] OJ L 354, 30.12.1997, p. 7.

(2) By letter of 15 November 1999 the Kingdom of Spain has asked to extend the validity of the quotas referred to in Council Regulation (EC) No 2622/97 to the year 2000;

(3) The Spanish authorities backed their request with social and economic arguments on Ceuta, showing the constraints under which Ceuta's economy is operating and the difficulties faced by the local fishing industry. The request is justified as the economic situation in Ceuta requires the adoption of preferential measures to facilitate its exports to the Community;

(4) In view of the late transmission of the request it was not possible for the Council to adopt a Regulation extending the validity of these quotas before 31 December 1999. These quotas are, therefore, reopened by the present Regulation;

(5) In the interests of rationalising implementation of the measures concerned, it is appropriate not to limit the validity of these quotas solely to the year 2000 but to extend it to the end of the year 2002;

(6) The quota period should run from 1 January to 31 December each year. As this regulation will only be applied as of 1 April 2000 the quota period for 2000 should run from 1 April to 31 December, with nevertheless a quota volume for the whole year;

(7) Commission Regulation (EC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [3] codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations;

[3] OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No - (OJ L , p. ).

(8) Eligibility for the tariff quotas introduced by this Regulation is subject to the definition of preferential origin specified in Article 27 of Regulation (EEC) No 2913/92 [4],

[4] OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No - (OJ L , p. ).

HAS ADOPTED THIS REGULATION:

Article 1

In 2000 from 1 April to 31 December and in 2001 and 2002 from 1 January to 31 December, the customs duties applicable on importation into the Community of the products in question, originating in Ceuta, shall be suspended at the level and within the limits of the annual Community tariff quotas shown below:

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Article 2

Proof of the products' originating status shall be adduced in accordance with Article 6 of Regulation (EEC) No 1135/88 [5].

[5] OJ L 114, 2.5.1988, p. 1. Regulation as last amended by Regulation (EEC) No - (OJ L , p. ).

Article 3

The tariff quota referred to in Article 1 shall be administered by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

It shall apply from 1 April 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

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