PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR COD AND FISH OF THE SPECIES BOREOGADUS SAIDA, DRIED, SALTED OR IN BRINE, ORIGINATING IN NORWAY ( 1991 )
Date: 1990-09-27
Institutions: European Commission
Subjects: Norway, salted product, sea fish, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(90)444  final 

Brussels,  21 September  1990 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  Community  tariff  quotas  for 
cod  and  fish  of  the  species  Boreogadus  saida,  dried,  salted  or  in  brine, 

originating  in  Norway 

( 1 9 9 1) 

(presented  by  the  Commission) 

Explanatory  Memorandum 

1. The  Agreements  in  the  form  of  exchanges  of  letters  between  the  European 

Economic  Community  and  Norway  concerning  agriculture  and  fisheries, 

approved  by  the  Council  Decision  of  15 September  1986, 

provide  in 

particular  for  the  annual  opening,  on  a  date  to  be  arranged  by  common 

accord,  of  Community  tariff  quotas  for  the following  products  originating 

in Norway, for which the volumes and duties applicable  are given  below: 

| Common  Customs  I 
| Tariff heading  | 
| 
No 
I 

D e s c r i p t i o nj 

Quota  | Rate of I 
I volume  |  duty  | 
| 
I (tonnes) | 

j 03.02 
| 
I 
| 
| 
| 
| 
I 
I 
j 
j 

I. Whole, headless or  in pieces: 

| 
j Fish, dried, salted or  in brine; 
| smoked  fish, whether  or not  cooked 
| 
| before or during the smoking  process:  | 
| 
| A. Dried, salted or  in brine: 
| 
| 
| 
| 
| 
| 
I 
I 
| 
| 

Boreogadusssaida, Gadus 
o g a c ): 
-Dried, unsalted 
-Dried, salted 
-Wet  salted, or  in brine 

b) Cod  (Gadus morhua, 

j 
| 
| 
| 
| 
| 
j 

j 
| 
| 
j 
j 
| 
j 

I
j  3 900  | 
j 13 250  | 
j 10 000  | 

II 

OX  | 
OX  | 
OX  j 

The quota of 3 900 tonnes  forseen  for cod, dried  and not  salted  is opened, 

at the request of the Norwegian authorities, starting  on  1 January  1991. 

The current  proposal  forsees, therefore  the coming  into application  of  the other 

quotas  for the period  1 April  to 31  December  1991  taking  into account  the 

entry  into force of the Combined  Nomenclature  which  replaces  that  of  the 
Common  Customs  Tariff. 

In order to respect  the  ruling  of the  Court  of  Justice  of  27 September  1988 

in case 51/87 the Commission  proposes  not  to allocate  the  tariff  quota  volumes 

among the Member  States but  to allow  the  latter  to draw  against  the said  volumes 

quantities  corresponding  to  real needs  that  have been  reported,  as is 

the usual practice  in similar  cases.  In addition,  this procedure  is more 

in  keeping with  the Community  nature of these  tariff  quotas. 

1 

0J  No L 328,  22.11.1986,  p. 7 6. 

<L 

Proposal  for 

COUNCIL  REGULATION  (EEC)  No 

. . . / 90 

of 

opening  and  providing  for  the  administration  of  Community  tariff  quotas  for 
in  brine, 
cod  and 

saida,  dried,  salted  or 

the  species  Boreogadus 

fish  of 

originating  in  Norway 

( 1 9 9 1) 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
Economic  Community,  and 
in  particular  Article  113 
thereof, 

Having  regard  to  the  Act  of  Accession  of  Spain  and 
Portugal, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  an  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  was  concluded 
on  14  May  1973 ; whereas,  following  the  accession  of  the 
Kingdom  of  Spain  and  the  Portuguese  Republic  to  the 
Community,  an  Agreement  in  the  form  of  Exchanges  of 
Letters  was  concluded  and  approved  by  Decision 
86/557/EEC (') ; 

Whereas  the  latter  Agreement  provides  for  the  opening, 
on  a  date  to  be  fixed  by  common  accord,  of  Community 
tariff  quotas  at  reduced  or  zero  duty  for  cod  and  fish  of 
the  species  Boreogadus  saida  originating  in  Norway ; 
whereas  the  tariff  quotas  in  question  should  therefore  be 
opened 
to  31 
December  1991; 

the  period  agreed 

from  1  April 

for 

Whereas  equal  and  continuous  access  to  the  said  quotas 
should  be  ensured  for  all  Community  importers  and  the 
rates  laid  down  for  the  quotas  should  be  applied  consis 

tently  to  all  imports  of  the  products  in  question  into  all 
the  Member  States  until  the  quotas  are  exhausted  ; 

Whereas,  the  necessary  measures  should  be  taken 
to 
ensure  that  these  tariff  quotas  are  administered  efficiently 
and  on  a  Community  basis,  so  that  Member  States  have 
the  option  of  drawing  the  necessary  quantities  corres 
ponding 
the  quota 
volumes  ; whereas,  this  method  of  administration  calls  for 
close  cooperation  between  the  Member  States  and  the 
Commission  ; 

imports  recorded,  from 

to  actual 

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  concerning  the  adminis 
tration  of  the  quotas  may  by  carried  out  by  any  one  of  its 
members, 

HAS  ADOPTED  THIS  REGULATION : 

Article  1 

1. 
From  1  April  to  31  December  1991,  the  customs 
duties  applicable  to  imports  of  the  following  products 
originating  in  Norway  shall  be  suspended  at  the  levels 
indicated  and  within 
tariff 
quotas  as  shown  below : 

limits  of  Community 

the 

Order  No 

CN  code(') 

Inscription 

Volume 
of  quota 
(tonnes) 

Rak-

of 

ilutv 
(%) 

0 3 05 

Fish,  dried,  salted  or  in  brine  ;  s m o k ed  fish,  whether  or  not  cooked 
before  or  d u r i ng 
fit  for  h u m an 
c o n s u m p t i on  : 

the  s m o k i ng  process  ;  fish  meal 

— Dried  fish,  whether  or  not  salted  but  not  s m o k ed  : 

09.0703 

0 3 05  51 
ex  0 3 05  51  90 

—  — Cod  (Gadus  morhua,  Gadus 

ogac,  Gadus 

mairuupfuilus): 

—  —  —  Dried,  salted  : 

—  Excluding  cod  of  the  species  Gadus 

luacrouphalus 

I 3  250 

0305  59 

O t h er  : 

—  —  — Fish  of  the  species  Boreogadus 

saida 

: 

0 3 05  59  19 

—  —  —  —  Dried,  salted 

09.0705 

ex  0 3 05  62  00 

—  — Cod 

(Gadus  murium,  Gadus 

»^ai,  Gadus  mamuvfihalus) 

: 

—  Fish,  salted  but  not  dried  or  s m o k ed  and  fish 

in  brine 

— Excluding 

the  species  Gadus 

mairuaphalus 

10 000 

0 3 05  69 
0 3 05  69  10 

O t h er  : 

—  —  —  Fish  of 

the  species 

/iono^adus 

saida 

(*)  See  Taric  codes  in  the  Annex  hereto. 

(')  OJ  No  L  328,  22.  I I.  1986,  p.  76. 

I 

Within  the  limits  of  the  above  tariff  quotas  the  Kingdom 
of  Spain  and  the  Portuguese  Republic  shall  apply  duties 
of  1,7  and  0 %  respectively. 

2.  Where  the  Community  has  fixed  a  reference  price 
for  the  products  or  categories  of  products  concerned, 
imports  of  those  products  shall  benefit  from  the  quotas 
referred  to  in  paragraph  1 only  if  the  free-at-frontier  price 
determined  by  the  Member  States  in  accordance  with 
Article  21  of  Regulation  (EEC)  No  3796/81  ('),  as  last 
amended  by  Regulation  (EEC)  No 2886/89  (2),  is  at  least 
equal  to  the  reference  price. 

the 
3.  The  Protocol  concerning  the  definition  of 
concept  of  'originating products' and  methods  of  adminis 
trative  cooperation  annexed  to  the  Agreement  between 
the  European  Economic  Community  and  the  Kingdom  of 
Norway  shall  apply. 

inform  the  Commission  and  draw  an  amount  corre 
sponding  to  its  requirements  from  the  quota  volume. 

The  drawing  requests,  with 
indication  of  the  date  of 
acceptance  of  the  said  declarations,  must  be  transmitted 
to  the  Commission  without  delay. 

The  drawings  shall  be  granted  by  the  Commission  by 
reference  to  the  date  of  acceptance  of  the  declarations  of 
entry  into  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  thereof  by  the  Commission. 

Article  2 

Article  4 

The  tariff  quota  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. 

Each  Member  State  shall  ensure  importers  of  the  products 
concerned  equal  and  continuous  access  to  the  quotas  for 
such  time  as  the  residual  balance  of  the  quota  volumes  so 
permits. 

Article  3 

Article  5 

If an  importer presents  in  a Member  State  a declaration  of 
entry  into  free  circulation,  including  a  request  for  benefit 
under  the  preferential  system  for  a  product  covered  by 
this  Regulation  and  if  this  declaration  is  accepted  by  the 
customs  authorities,  the  Member  States  concerned  shall 

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  <j^ç/| 

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

Done  at  Brussels, 

For  the  Council 

The  President 

(')  OJ  No  L  379,  31.  12.  1981.  p.  I. 
(') Oj  No L  282,  2.10.1989,  p.  1 

4 

ANNfîX 

T a r ie  codes 

Order  No 

CN  code 

Tarie  codes 

09.0703 

ex 0305 51 90 

0305 51 90 ' 11 

09.0705 

ex  0305  62 00 

' 19 
'20 

030 5 62 00 '  I I 
'  19 
' 21 
"29 
•31 
' 39 

r 

FICHE FINANCIERE 

1. 

Ligne budgétaire concernée, : Chap. 12 art. 120 

2. 

Base juridique  : art. 113 du traité 

3. 

Intitulé de la mesure tarifaire. : Proposition de règlement 
du Conseil portant ouverture et mode de gestion de 
contingents tarifaires communautaires pour des morues et 
des poissons de l'espèce Boreogadus saida, originaires de 
Norvège. 

4. 

Objectif  : Respecter  l es engagements  contractés  p ar la 

Communauté  vis-à-vis  de la N o r v è g e. 

5. 

oodes da la N.C. : 
volumes des contingents : 
(en tomes) 
droit â appliquer : 
droit normal : 

ex 0305 51 90  ex 0305 62 00 
0305 09 10 

0305 59 19 

0 % 
13% 

0 % 
13 %  ' 

- valeur d'une terne : 
- valeur totale : 
- Perte de recette : 

4 576 écus 
60 632 000 écus 
7 882 160 écus 

3 594 ecus 
35 940 000 écus 
4 672 200 écus 

Perte totale 

12.554.360 écus 

Par rapport à 1990, augrentatlon des pertes de 12.554.360 écus 
11.085.705 écus - 668.655 écus. 

FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 

Cette proposition est formulée en conformité avec des engagements 
contractuels de la Communauté.  L'impact découlant de ces 
concessions a été pris en considération lors de la prise de 
décision d'adoption de ces contingents et il n'aura pas un 
caractère sérieux sur la compétitivité et l'emploi dans la 
Communauté. 

ISSN 0254-1475 

COM(90) 444 final 

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