Council Regulation (EEC) No 3304/91 of 11 November 1991 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries
Date: 1991-11-11
Institutions: Council of the European Union
Subjects: EFTA countries, fish, tariff quota













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31991R3304

Council Regulation (EEC) No 3304/91 of 11 November 1991 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries  


Official Journal L 313 , 14/11/1991 P. 0003 - 0006 





COUNCIL REGULATION (EEC) No 3304/91  of 11 November 1991  opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countriesTHE 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 proposal from the Commission,  Whereas, in agreements concluded between the Community and certain EFTA countries and approved by Decisions 86/555/EEC, 86/557/EEC, 86/558/EEC and 86/559/EEC (1), the Community undertook to open each year, subject to certain conditions, Community tariff  quotas at a reduced or zero rate of duty for a number of agricultural and fishery products originating in those countries; whereas those tariff quotas should be opened for 1992, and, where necessary, the conditions of eligibility laid down should be  specified;  Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quota should be applied consistently to all imports of the product in question into all 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 the Member States can draw the necessary quantities, corresponding to actual imports  recorded, from the quota volumes; whereas this method of administration calls for close cooperation between the Member States and the Commission;  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 administration of these quotas may be carried  out by any one of its members,  HAS ADOPTED THIS REGULATION:  Article 1  1. From 1 January to 31 December 1992 the customs duties applicable to imports of the products listed below shall be suspended at the levels indicated below and within the limits of the Community tariff quotas as shown below:  (a) The following products, originating in Sweden:         Order No  CN code (*)  Description  Amount of quota (in tonnes)  Quota duty (%)              0302  Fish, fresh or chilled, excluding fish fillets and other fish meat falling within CN code 0304:        Cod (Gadus morhua, Gadus ogac, Gadus  macrocephalus), excluding livers and roes:    09.0601  0302 50 10      Of the species Gadus morhua  3 500  0      Other fish, excluding livers and roes:     0302 62 00      Haddock (Melanogrammus aeglefinus)     0302 63 00      Coalfish (Pollachius  virens)     0304  Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:     0304 10    Fresh or chilled:          Fillets:    09.0603         Other:  1 500  0   ex 0304 10 31          Of cod (Gadus morhua, Gadus ogac, Gadus  macrocephalus) and of fish of the species Boreogadus saida:        Of the species Gadus morhua         (*) See Taric codes in the Annex.         Order No  CN code (*)  Description  Amount of quota (in tonnes)  Quota duty (%)              1604  Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs:    09.0605     Fish, whole or in pieces, but not minced:   250  0   1604 12      Herrings:     1604 12 90        Other:     1604 13      Sardines, sardinella and brisling or sprats:     1604 13 90        Other     1604 19      Other:    09.0607         Other:  200  0   1604 19 99          Other     1604 20     Other prepared or preserved fish:     1604 20 90      Of other fish    09.0609  1604 30    Caviar and caviar substitutes:  60  0   1604 30 90      Caviar substitutes     1605  Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved:     09.0611  ex 1605 20 00    Shrimps and prawns:  120  7,5      Shelled, whether or not frozen, excluding shrimps and prawns of the Crangon variety         (*) See Taric codes in the Annex.   (b) The following products, originating in Norway:         Order No  CN code (*)  Description  Amount of quota (in tonnes)  Quota duty (%)             09.0701  ex 1504 20 10  ex 1504 30 19  ex 1516 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  1 000  8,5   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:        Dried fish, whether or not salted but not smoked:     0305 51      Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus):    09.0707  ex 0305 51 10        Dried, unsalted:        Excluding of cod of the  species Gadus macrocephalus  3 900  0   0305 59      Other:            Fish of the species Boreogadus saida:     0305 59 11          Dried, unsalted    09.0709  0305 30 19  Fillets of cod of the species Gadus morhua and Gadus ogac, and fish fillets of  the species Boreogadus saida, dried, salted or in brine  3 000  0  09.0711   Prepared or preserved fish, including caviar and caviar substitutes prepared from fish eggs:     ex 1604 13 90  Other:        Sardinella, brisling or sprats, not including  fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, deep-frozen  400  10   ex 1604 19 99  Other, not including smoked saithe     ex 1604 20 90  Fish other than herring and smoked saithe         (*) See Taric  codes in the Annex.   (c) The following products, originating in Austria:         Order No  CN code  Description  Amount of quota (in hl)  Quota duty (%)             09.0801  2009 80 11  2009 80 19  Concentrated pear juice  2 000  30 + AGR  possibly  applicable       (d) The following products, originating in Switzerland:         Order No  CN code (*)  Description  Amount of quota (in tonnes)  Quota duty (%)             09.0901  0809 20 10  ex 0809 20 90  Table cherries excluding Morello cherries  1 000  0       (*) See Taric codes in the Annex.   2. Within the limits of the quotas referred to in paragraph 1 under order Nos 09.0701, 09.0801 and 09.0901, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the 1985  Act of Accession.  For the other quotas, the Kingdom of Spain and the Portuguese Republic shall apply the duties set out below:       Order No  Spain (%)  Portugal (%)         09.0601  0  0  09.0603  0  0  09.0605  1,7  3,8  09.0607  1,7  3,8  09.0609  1,7  3,8  09.0611  7,3  10,3  09.0707  0,9  0  09.0709  0,9  0  09.0711  10,5  12,5     3. Imports of the products  listed in paragraph 1 which already qualify for a lower or the same rate of customs duty under other preferential tariff arrangements may not be charged against the corresponding tariff quota.  4. Imports of the products referred to in paragraph 1 under order Nos 09.0601 to 09.0611, 09.0707, 09.0709 and 09.0711 shall not qualify for the quota unless the free-at-frontier price, which is determined by the Member States in accordance with Article  21 of Council Regulation (EEC) No 3796/81 of 21 December 1981 on the common organization of the market in fishery products (2), as last amended by Regulation (EEC) No 2886/89 (3), shall be at least equal to the reference price, if such a price has been  fixed by the Community, for the products or categories of products in question.  5. The protocols on the definition of the concept of originating products and on methods of administrative cooperation, annexed to the Agreement between the European Economic Community on the one hand and the Kingdom of Sweden, the Kingdom of Norway,  the Republic of Austria and the Swiss Confederation on the other, shall be applicable.  Article 2  The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate administrative measure in order to ensure efficient administration.  Article 3  If an importer presents in a Member State a declaration of entry into free circulation including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the  Member State concerned shall draw, from the quota volume by means of notification to the Commission, a quantity corresponding to those needs.  The requests for drawing, with the indication of the date of acceptance of the said declarations, must be communicated 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 shall 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.  Article 5  Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.  Article 6  This Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.  Done at Brussels, 11 November 1991. For the Council  The President  H. J. SIMONS   (1) OJ No L 328, 22. 11. 1986, pp. 58, 77, 90 and 99. (2) OJ No L 379, 31. 12. 1981, p. 1. (3) OJ No L 282, 2. 10. 1989, p. 1.    ANNEX  Taric codes       Order  No  CN code  Taric code      09.0603  ex 0304 10 31  0304 10 31 * 10      09.0611  ex 1605 20 00  1605 20 00 * 91    1605 20 00 * 92    1605 20 00 * 96      09.0701  ex 1504 20 10  1504 20 10 * 90   ex 1504 30 19  1504 30 19 * 10   ex 1516 10 90  1516  10 90 * 11      09.0707  ex 0305 51 10  0305 51 10 * 10    0305 51 10 * 20      09.0711  ex 1604 13 90  1604 13 90 * 91    1604 13 90 * 99   ex 1604 19 99  1604 19 99 * 90   ex 1604 20 90  1604 20 90 * 30    1604 20 90 * 90      09.0901  ex 0809 20 10   0809 20 10 * 91   ex 0809 20 90  0809 20 90 * 12    0809 20 90 * 25    0809 20 90 * 33    0809 20 90 * 45    0809 20 90 * 75