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 ( 1992 )
Date: 1991-10-23
Institutions: European Commission
Subjects: Norway, salted product, sea fish, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(91)390  final 

Brussels.  23 October  1991 

Proposal  for a 

MMIMCIL  REftlH  AT I ON  (EEC) 

ft,««m<r and  oroviding  for  the  administration  of  Community  tariff  quotas  for 
^ o r a ïd  £ hPZf 

the* species  Bor.og.dus  ^ J r i e d,  salted  or  «  bnne, 

originating  in  Norway (193Z) 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

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 

f ),  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 

Description 

Tariff heading 

No 

Quota 

volume 

(T) 

Rate of 

duty 

(%) 

0302 

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. Whole, headless or  in 

pieces: 

b) Cod  (Gadus morhua, 

Boreogadus sa Ida, 

Gadus ogac) 

- dried, unsalted 

- dried, salted 

- wet salted, or  in brine 

3 900 

13 250 

10 000 

0 

0 

0 

2.  • The quota of 3 900 tonnes foreseen  for cod, dried and not salted is 

opened, at the request of  the Norwegian authorities, starting on 1 

January  1992. The current  proposal  foresees therefore the coming  Into 

application of the other quotas for the period  1 April  to 31 December 

1992 taking  into account  the entry  into force of  the Combined 

Nomenclature which replaces that of the Common Customs Tariff. 

(1) 0J No L 328, 22.11.1986, p. 76 

-2-

3. 

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. 

_ 3  -

Proposal  for  a 

C O U N C IL  R E G U L A T I ON  (EEC)  No 

/5>1 

of 

opening  and  providing  for  the  administration  of  C o m m u n i ty  tariff  quotas  for 
in  brine, 
cod  and 

saida,  dried,  salted  or 

the  species  Boreogadus 

fish  of 

originating  in  Norway 

(1992) 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

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

Having  regard 
Portugal, 

to  the  Act  of  Accession  of  Spain  and 

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 
approved  by  Decision 
and 
Letters  was  concluded 
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 
in  Norway  ; 
whereas  the  tariff  quotas  in  question  should  therefore  be 
opened 
to  31 
December  1992; 

the  period  agreed 

saida  originating 

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  ail 
the  Member  States  until  the  quotas  are  exhausted  ; 

taken 

Whereas,  the  necessary  measures  should  be 
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  corre 
the  quota 
sponding 
volumes  ; whereas,  this  method  of  administration  calls  for 
close  cooperation  between 
the 
Commission  ; 

the  Member  States  and 

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  1992,  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  codeQ 

Description 

Volume 
of  quota 
(tonnes) 

Rate 
of  duty 
(%) 

0305 

Fish,  dried,  salted  or  in  brine ; smoked  fish,  whether  or  not  cooked 
before  or  during  the  smoking  process ;  fish  meal  fit  for  human 
consumption  : 

09.0703 

0305 51 
ex  0305 51 90 

—  Dried  fish,  whether  or  not  salted  but  not  smoked : 
— —  Cod  (Gadus  morhua,  Gadus  ogac,  Gadus  macrocephalus) : 
— — —  Dried,  salted : 

—  Excluding  cod  of  the  species  Gadus  macrocephalus 

13 250 

0305 59 

Other : 

0305 59 19 

09.0705 

ex  0305 62 00 

— — —  Fish  of  the  species  Boreogadus  saida  : 
— — — —  Dried,  salted 
—  Fish,  salted  but  not  dried  or  smoked  and  fish  in  brine : 
— —  Cod  (Gadus  morhua,  Gadus  ogac,  Gadus  macrocephalus) : 

0305 69 
0305 69 10 

—  Excluding  the  species  Gadus  macrocephalus 
Other : 

— — —  Fish  of  the  species  Boreogadus  saida 

10 000 

C)  See  Taric  codes  in  the  Annex  hereto. 

(')  OJ  No  L  328,  22.  11.  1986,  p.  76. 

-* 

Within  the  limits  of  the  above  tariff  quotas  the  Kingdom 
of  Spain  and  the  Portuguese  Republic  shall  apply  duties 
o f 0 , 9 a nd  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. 

3.  The  Protocol  concerning 
the 
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. 

the  definition  of 

the  Commission  and  draw  an  amount  corre 
inform 
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 
to  ensure  effective 
administration  thereof. 

in  order 

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  19S2. 

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.  1. 
(2)  OJ  No  L  282,  2.  10.  1989,  p.  1. 

ANNEX 

Tarie  codes 

Order  No 

CN  code 

Taric codes 

09.0703 

ex  0305 51 90 

0305 51 90 *  11 

'19 
•20 

09.0705 

ex  0305 62 00 

0305 62 00 *  11 

' 19 
•21 
*29 
•31 
' 39 

ê 

FINANCIAL RECORD 

Budget  line concerned  : Chap. 12 Art. 120 

Legal basis  : Art. 113 of the Treaty 

Title of the tariff measure concerned  : Proposal  for Council 

regulation (EEC) opening and providing  for the administration of 

Community  tariff quotas for cod and fish of the species Boreogadus 

saida. salted or  in brine, originating  in Norway  (1992). 

Objective : 

Method of calculation : 

CN-code : 

ex 0305 51 90 

ex 0305 62 00 

0305 59 19 

0305 69 10 

Volume of the quota: 

13 250 

10 000 

(tonnes) 

Duty-rate to be applied: 

Normal duty-rate : 

0 % 

13 % 

0 % 

13 % 

6 

Duty-Ioss : 

value per tonne 

total value : 

loss of duties 

4.384 ecus 

2.575 ecus 

58.088.000 ecus 

25.750.000 ecus 

7.551.440 ecus 

3.347.500 ecus 

Total duty-Ioss : 

10.898.940 ecus 

Compared with 1991. there  is a decrease  in duty-loss of  (12.554.360 ecus -

10.898.940 ecus), viz. 1.655.420 ecus (cf. written procedure C0M(90) 444 of 

20.9.90). 

BSN 0254-1475 

COM(91) 390 final 

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