COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 648 final 
Brussels, 19.12.1994 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the administration of Community tariff quotas for 
certain agricultural and fishery products originating in Norway 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. In 1986 the EEC concluded agreement with Norway. This was approved by 
Council Decision N° 86/557/EEC of 15 September 1986.l. 
2. Then on 2 May 1992 the Agreement setting up the European Economic Area 
was signed in Porto, linking the European Economic Community, the European 
Coal and Steel Community and their Member States with the countries of the 
European Free Trade Area (EFTA). Bilateral agreements on the arrangements for 
various agricultural products were concluded at the same time. 
3. Under the 1986 agreement, as amended or supplemented by the EEA Agreement, 
and the bilateral agreement signed along with the EEA Agreement, the Community 
has undertaken to open annual reduced or zero-duty tariff quotas for certain 
agricultural and fishery products originating in Norway. The quotas are to be 
opened for 1995, either for the calendar year or for the period shown in Annex I to 
the proposal. 
4. The purpose of the annexed proposal is to implement this tariff quota for an 
indefinite period. Accordingly and for reasons of efficiency and simplifying the 
implementation of the measures concerned it seems desirable that the regulation 
should be pluriannual. 
5. Furthermore, as the adaptations arising from the combined nomenclature of the 
TARIC and those concerning quotas volumes and quota rates laid down in 
Council or Commission decisions involve no change of substance, it is proposed 
that the Council should empower the Commissipn to implement theses measures 
by adopting regulations following receipt of an opinion from the Customs Code 
Committee. 
6. An in the case of other Community tariff quotas, the proposal does not provide for 
the allocation among the Member States of the quota volumes but enables the 
Member States to draw from the quota volumes the quantities required to cover 
the actual imports recorded. 
^JN0!. 328, 22.11.1986, 
2> 
Proposal for a 
COUNCIL REGULATION (EC) 
of 
opening and providing for the administration of Community tariff quotas for 
certain agricultural and fishery products originating in Norway 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas the Community has concluded Agreement in 
the form of exchanges of letters in particular with 
Norway and approved by Decision 86/557/EEC2; 
Whereas the above Agreement has been amended or 
supplemented by the Agreement on the European 
Economic Area, and by the bilateral Agreement in the 
form of exchanges of letters with Norway and approved 
by Decision 93/737/EC3; 
Whereas under the above Agreement the Community 
has undertaken, subject to certain conditions, to open 
Community tariff quotas each year at a reduced or zero 
raje of duty for a number of agriculture and fishery 
products originating in this country, whereas the tariff 
quotas should accordingly be opened, specifying where 
necessary any conditions of eligibility laid down; 
Whereas, for reasons of simplification, provision 
should be made to empower the Commission to give 
effect, following receipt of the opinion of the Customs 
Code Committee, to necessary amendments and 
technical adaptations of this regulation arising from 
amendments of the combined nomenclature and TARIC 
codes and to adaptations of volume, periods and quota 
rates arising from decisions by the Council or by the 
Commission; 
Whereas the tariff quota provided in the agreement in 
question relates an indefinite period and accordingly, 
for reasons of efficiency and simplifying the 
implementation of the measures concerned, it appears 
suitable to provide that the application of this 
regulation should be placed on a pluriannual footing; 
Whereas all Community importers should be ensured 
equal and continuous access to the said quota and the 
duty rate laid down for the quota should be applied 
consistently to all imports of the product in question 
into all Member States until the quota is exhausted, 
during the whole period of validity of the EEC-Norway 
Agreement. 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 authorizing 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; 
HAS ADOPTED THIS REGULATION. 
Article I 
1. From 1 January to 31 December of each year or for 
the periods shown in Annex I, the customs duties 
applicable to the products referred to in this Regulation 
shall be suspended or reduced to the levels indicated 
for each product, within the limit of the Community 
tariff quota shown for each product. 
2. Imports of products referred to in the Annex under 
Orders Nos 09.0703 and 09.0711 shall not qualify for 
the tariff quotas unless the free-at-frontier price 
established by the Member States in accordance with 
Article 22 of Council Regulation (EEC) N* 3759/92 of 
17 December 1992 on the common organization of the 
market in fishery and aquaculture products4 is at least 
equal to any reference price which has been fixed by 
the Community for the products or categories of 
products in question. For the calculation of the 
reference price, the following coefficients shall be 
applicalbe: "* 
- whole herring: 1, 
- flaps of herring: 2,32, 
- pieces of herring: 1,96. 
3. The Protocol on the definition of the concept of 
originating products and on methods of administrative 
cooperation annexed to the agreement between the 
European Community and the Kingdom of Norway 
shall apply. 
2 OJN°L 328, 22.11.1986 
3 OJN°L 346, 31.12.1993 
4 OJ N° L 388, 31.12.1992, p. 1. Regulation as last amended 
by Regulation (EEC) N° 1891/93 (OJ N° L 172 , 15.7.1993, p. 1). 
y 
Article 2 
The tariff quotas referred to in Article 1 shall be adminis­
tered by the Commission, which may take any appro­
priate administrative measures in order to ensure efficient 
administration. Article 5 
1. The provisions necessary for the application of tills 
Regulation, in particular : 
(a) the amendments and technical adaptations, insofar as 
necessary, arising from amendments of the combined 
nomenclature and T.inc codes, and 
Article 3 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for prefe­
rential benefit for a product covered by this Regulation, 
and if this declaration is accepted by the customs authori­
ties, the Member State concerned shall draw, from the 
quota volume by means of notification to the Commis­
sion, a quantity corresponding to those needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declarations, must be communi­
cated to the Commission without delay. 
The drawings are granted by the Commission on the basis 
of the date of acceptance of the declaration of entry into 
free circulation by the customs authorities of the Member 
State 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 volume. 
If the quantities requested are greater than the available 
balance of the quota volume, allocation shall be made on 
a pro rata basis with respect to the requests. Member 
States shall be informed thereof by the Commission. 
Article 4 
Each Member State shal' guarantee importers of the 
products in question equal and continuous access to the 
quotas as long as the balance of the corresponding quota 
volume allows. (b) The necessary adaptations of volume, periods 
and quota duty arising from decisions adopted by 
the Council or the Commission 
shall be adopted in accordance with the procedure laid 
down in Article 6 (2). 
Article 6 
1. The Commission shall be assisted by the Customs 
Code Committee set up by Article 247 of Regulation 
(EEC) No 2913/92 0 
2. The representative of the Commission shall submit 
to the committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according 
to the urgency of the matter. The opinion shall be deli­
vered by the majority laid down in Article !s£ (2) of the 
Treaty in the case of decisions which the Council is 
required to adopt on a proposal from the Commission. 
The votes of the representatives of the Member States 
within the committee shall be weighted in the manner set 
out in that Article. The chairman shall not vote. 
The Commission shall adopt the measures, which apply 
immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
be communicated by the Commission to the Council 
forthwith. In that event : 
— the Commission shall defer application of the 
measures which it has decided for three months from 
the date of such communicaffon ; 
— the Council, acting by qualified majority, may take 3 
different decision within the period referred to in the 
previous paragraph 
3. The Committee may examine any question concer­
ning the application of this Regulation which is raised by 
its chairman either on his own initiative or at the request 
of a Member State 
CP OJ N° L302, 19.10.1992 
5" 
Article 7 
Member States and the Commission shall cooperate 
closely in order to ensure that this Regulation is complied 
with. 
Article 8 
This Regulation shall enter into force on the 
day following its publication in the Official 
Journal of the European Communities. 
It shall apply from 1 January 1995 for the 
whole period gf validity of the Agreement.. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
6 
ANNEX I 
Order 
No CN code Description Amount of 
quotas 
(tonnes) Quota 
duty 
(%) 
09.0701 
090703 
09.0711 
090751 
09.07.S3 
09.07 s S 
09.0757 
09.0759 
09.0761 
09.0762 ex 1504 20 10 
ex 1 504 30 1 9 
^ex. 1516 10 90 
0305 
0305 SI 
ex 0305 51 90 
0305 59 
0305 59 19 
ex 1604 1 3 90 
1604 19 92 
ex 1604 19 93 
1604 19 94 
1604 19 95 
1604 19 98 
ex 1604 20 90 
ex 0704 10 10 
ex 0704 90 90 
ex 0704 90 90 
08092051 
08092059 
08092061 
08092069 
ex 08092071 
ex 08092079 
ex 08094030 
ex 08094040 
ex 08094090 
ex 0810 10 10 
ex 0810 10 90 Oils and fats of marine animals, other than whale oil and 
sperm oil, in packings of a net capacity of more than 1 kg 
Fish, dried, salted, or in brine ; smoked fish, whether or 
not cooked before or during the smoking process ; fish 
meal fit for human consumption : 
- Dried fish, whether or not salted but not smoked : 
- - Cod (Gadus ttjorhua. (,\i>/m ogac. Gadus tnacroa-
phalus) : 
- - - Dried, salted : 
— Hxcludmg cod ot the species Gadus macroct-
phalus 
- - Other : 
— - — Fish of the species Bonugadus saidel : 
— — - — Dried, salted : 
from 1 April to 31 December 
Prepared or preserved fish, including caviar and caviar 
substitutes prepared from fish eggs : 
- - - Other : 
— — — — Sardinella ; brisling or sprats excluding raw 
fillets merely coated with batter or bread­
crumbs, whether or not prefned in oil, deep-
frozen 
Other : 
_____ Cod (Gadui wurhita. Gadus ogac, Gadus 
macrocepbalus) 
----- Coalfish (Pollachius nrens), excluding 
smoked coalfish 
— — — — — Hak;- (Merluccins spp., Uropbycis spp.) 
— — — — — Alaska pollack (Thenigra chalcogramma) 
and pollack (Pollachins pollachins) 
Other 
Fish jther than herring and smoked saithe : 
- Other than mackerel 
— Mackerel (scomber austniLiucus) 
Cauliflowers, fresh or chilled, from 1 August to 31 
October 
Broccoli, fresh or chilled, from 1 July to 31 October 
China cabbages, fresh or chilled, from 1 July to end 
February 
Cherries, fresh, from 16 July to 31 August 000 
> 13 250 
, Plums, fresh, from 1 September to I S October 
Strawberries, fresh, from 15 |uly to 31 July 
Strawberries, fresh, from 1 August to 1 5 September 400 
2 000 
I 000 
^000 
600 
600 
75() 
750 8,5 
s;s 
40 
0 
ANNEX I I 
TARIC COOES 
Order No CN codes Taric codes 
09.0701 
09.0703 
09.0711 
09.0751 
09.0753 
09.0755 
09.0757 
09.0759 
09.0761 
09.0762 ex 1504 20 10 
ex 1504 30 19 
ex 1516 10 90 
ex 0305 51 90 
ex 1604 13 90 
ex 1604 19 93 
ex 1604 20 90 
ex 0704 10 10 
ex 0704 90 90 
ex 0704 90 90 
ex 08092071 
ex 08092079 
ex 08094030 
ex 08094040 
ex 08094090 
ex 0809 10 10 
ex 0810 10 90 1504 20 10-90 
1504 30 19'90 
1516 10 90'H 
0305 51 90*10 
'20 
1604 13 90 * 91 
•99 
1604 19 93-90 
1604 20 90-30 
•40 
•90 
0704 10 10-30 
0704 90 90'13 
0704 90 90-92 
'94 
•97 
08092071*10 
08092079*11 
08092079*19 
08094030*51 
52 
53 
54 
55 
56 
08094040*20 
08094090*50 
0810 10 10*60 
'80 
0810 10 90*12 
'14 
FINANCIAL STATEMENT 
1. Budget heading involved : Chapter 12 Article 120 
2. Legal basis : Art. 113 of the Treaty 
3. Title of tariff measure : Proposal for a Council regulation opening and providing 
for the administration of Community tariff quotas for certain agricultural and 
fishery products originating in Norway. 
4. Aim : to comly with the Community's commitments 
5. Method of calculation : 
Description 
Cauliflowers 
Broccoli 
China cabbages 
Fresh cherries 
Fresh plums 
Fresh strawberries 
Fresh strawberries 
Oils and fats of 
marine animals 
Cod and fish of the 
species Boreogadus 
saida 
Sardines, sardinella Quantity 
2 000T 
1000T 
3 000T 
600 T 
600 T 
750 T 
750 T 
1000T 
13 250 T 
400 T Price 
ECU/unit 
1201 
ECU/T 
1201 
ECU/T 
782 
ECU/T 
859 
ECU/T 
617 
ECU/T 
1950 
ECU/T 
1858 
ECU/T 
594 
ECU/T 
5 074 
ECU/T 
4 224 
ECU/T Normal duty 
0/ 
17% 
17% 
15% 
15% 
Ave. duty 
11,5% 
16% 
14% 
17% 
13% 
20% Quota duty 
0 
0 
0 
0 
0 
0 
C 
8,5 
0 Lost of 
revenue 
ECU 
408.340 
204.170 
351.900 
77.310 
42.573 
234.000 
204.750 
50.490 
8.739.965 
168.960 
10.865.618 
Average annual loss of 10.865.618 ECU. 
_ 
ISSN 0254-1475 
COM(94) 648 final 
DOCUMENTS 
EN 11 03 02 
Catalogue number : CB-CO-94-676-EN-C 
ISBN 92-77-83997-X 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg