Proposal for a COUNCIL REGULATION ( EEC ) partially and temporarily suspending the autonomous duties of the Common Customs Tariff on certain fish fillets ( 1992 )
Date: 1991-12-09
Institutions: European Commission
Subjects: fish product, suspension of customs duties

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0M(91) 514 final 

Brussels, 9 December 1991 

Proposal  for a 

COUNCIL REGULATION (EEC) 

opening and providing for the administration of autonomous 

Community  tariff quotas for certain  fishery products  (1992) 

Proposal  for a 

COUNCIL REGULATION (EEC) 

partially and temporariIy|suspending the autonomous duties 

of the Common Customs Tariff on certain  fish  fillets  (1992) 

(presented by the Commission) 

^a™.JiSo^y»1v4yJ-

EXPLANATORY  MEMORANDUM 

As part of  the annual  overall  review within  the Council  concerning  the 
granting of autonomous preferences  for  fishery  products, the Commission  has 
drawn up a report  on  the markets and supply needs of user  industries for 
1992. 

Having  regard  to the requirements of  the  internal  and external  policies of 
the Community,  the Commission  is proposing  a certain  number  of  tariff 
measures, notably  reduced  duty  tariff quotas or suspensions, to ensure 
continuation of Community  production  in the content  of  the rules and 
obligations of  the common organisation of  the markets and  to ensure  supply 
of  the processing  industries while also taking  into account  the current  and 
foreseeable situation on  the  international  market. 

In these conditions, the tariff preferences  for  the products specified  are 
for products which meet  the conditions  laid down as regards  the  reference 
prices fixed, or  to be fixed, and which are  intended  for  processing. 

Furthermore, this proposal  foresees the opening of  tariff measures  from 1 
April  1992 for a period extending  to 31 December  1992  in order  to allow 
planning of supply  to the  industry without  destabilizing  the revenue of 
Community  producers. 

This  is the purpose of  the attached proposals. 

Proposal 

for 

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

/ 91 

o f. 

opening  and  providing  for  the  administration  of  autonomous  Community  tariff  quotas  for 
certain  fishery  products  (1992) 

THE  COUNCIL  OJ  THE  EUROPEAN  COMMUNITIES, 

Having  regard 
Economic  Community, 
thereof, 

to  the  Treaty  establishing  the  European 
in  particular  Article  28 

and 

Having  regard  ro  the  proposal  from  the  Commission, 

Whereas Community  supplies of certain  species of  fish  or  fish 
fillets  currently  depend  on  imports  from  third  countries; 
whereas  it is in  the Community's  interest  to  suspend  partially 
the  customs  dunes  for  the  products 
in  question,  within 
tariff  quotas  of  an  appropriate  volume; 
Community 
whereas, 
the  development 
prospects of this production  in the Community  and  to  ensure 
an  adequate supply  to satisfy  user  industries, it is advisable  to 
open  these quotas for  the period  from  1 April to 31  December 
1992  applying  customs  duties  varied  accordingly 
to 
sensitivity  of  the  different  products  on 
the  Community 
market; 

in  order  not 

jeopardize 

to 

Whereas  it  is  necessary,  in  particular,  to  ensure  for  all 
Community  importers  equal  and  uninterrupted  access  to  the 
said  quotas  and  to  ensure  the  uninterrupted  application  of 
the  rates  laid  down  for  the  quotas  to  all  imports  of  the 
products  concerned  into  all  Member  States  until  the  quotas 

have been  used  up; whereas  rhe necessary  measures  should  be 
taken  to  ensure  efficient  Community  management  of  the 
tariff  quotas,  while  allowing  Member  States  to  draw  on  the 
quota  volumes  the  necessary  quantities  which  correspond  to 
of 
actually  made;  whereas 
importations 
management 
the 
requires 
Member  States  and  the  Commission; 

type 
between 

close  cooperation 

this 

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  relating  to  the  administration  of  the 
tariff  quotas  may  be  carried  out  by  any  of  its  members, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

1. 
From  1 April  to  31  December  199 3  the customs  duties 
applicable  on  importation  to  products  listed  below  shall  be 
suspended  at 
the 
limits  of 
levels  and  within 
Community  tariff  quotas;  indicated  for  each  product: 

the 

the 

Series 
No 

CN code 

Description 

Amount  of 
quota 
(in  tonnes) 

Quota  dutv 
(%) 

09.2753 

09.2755 

09.2757 

09.2765 

ex 0302  50 
ex 0302 69  35 
ex 0303  60 
ex 0303 79  41 

Cod  (Gadus  morhua,  Gadus  ogac,  Gadus  macrocephalus),  and  fish  of 
the  genus  Boreogadus  saida,  excluding,  livers,  roes,  presented  fresh, 
chilled  or  frozen,  for  processing  (a) (b) 

50  000 

ex 0302 63  00 
ex 0303 73  00 

Coalfish  (Pollachtus  virens),  excluding  livers,  roes,  presented  fresh, 
chilled  or  frozen,  for  processing  (a) (b) 

20  000 

ex 0302  62  00 
ex 0303 72  00 

Haddock 
excluding 
presented  fresh,  chilled  or  frozen,  for  processing (a) (b) 

(Melanogrammus 

aeglefinus), 

livers, 

roes, 

6  000 

0305  62  00 
0305  69  10 

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

51  500 

3,7 

ij 

3,7 

5 

Sen, 
N. 

CN code 
(') 

Description 

Amount  ol 
quou 
(in  loniu-s. 

Quota  duty 

09.2767 

09.2769 

0305 51 10 
0305 59 11 

Cod  (Gadus  morhua,  Gadus  orgac,  Gadus  macrocephalus) 
the  species  Boreogadus 

saida,  dried,  unsalted,  not:  smoked 

and  fish  of 

300 

0305 30 11 
0305 30 19 

Fish fillets,  s a l t ed  Of  in  brine  »°^c o^ (Gadus morhua,  Gadus 
ogac,  Gadus  macrocephalus) 

and  of  fish  of  the  species 

Boreogadus 

lid a 

09.2771 

ex 0305 30 90 

Fillets  of  coalfish  Poltachius  virens),  salted,  for  processing  (a)  (b) 

09.2773 

ex 0306 13 10 
ex 0306 23 10 

Shrimps  and  prawns  of  the  species  Pandalus  borealis, 
chilled  or  frozen,  for  processing  (a)  (b) 

in  shell,  fresh, 

09.2789 

ex 0302 21 10 
ex 0303 31 10 

Lesser  or  Greenland  halibut  (Reinhardtius 
chilled  or  frozen,  tor  processing  (a)  (b) 

hippoglossoides), 

fresh, 

10 

2  000 

3  500 

5  0 00 

6  000 

(')  See  Taric  codes  in  the  Annex. 
'aï  Control  of  the  use  for  this  special  purpose  shall  be  c.uried  out  pursuant  to  the  relevant  Community  provisions. 

'b;  The  quota  shall  apply  to  products  intended  to  undergo  any  operation  unless  they  arc  intended  to  undergo  exclusively  one  or  more  of  the  following 

operations: 
—  cleaning,  gutting,  tailing,  heading. 
—  cutting  (excluding  filleting  or  cutting  of  frozen  blocks.. 
—  sampling,  sorting, 
— labelling, 
•-  packing, 
— chilling, 
—  freezing, 
—  deep  freezing, 
—  thawing,  separation. 
The quota  is not allowed for products intended, in addition to undergo treatment (or operations) qualifying  for the quota  where such treatment {or operations) is 
(are)  carried  out  at  retail  or  catering  level.  The  reduction  of  customs  duties  shall  apply  only  to  fish  intended  for  human  consumption. 

2.  Within the limits of these tariff  quotas, the Kingdom of 
Spain and the Portuguese Republic shall apply customs duties 
calculated  in accordance  with  the  relevant  provisions  in  the 
Act  of  Accesion. 

3. 
Imports  of  the  products  in  question  shall  not  be 
covered  by  the  quotas  referred  to  in paragraph  1 unless  the 
free-at-frontier  price,  which  is  determined  by  the  Member 
States in accordance with Article 21 of Regulation (EEC) No 
3796/81('),  as  last  amended  by  Regulation  (EEC)  No 
3468/88  (2), is at least equal  to the  reference  price  fixed,  or 
to  be  fixed,  by  the  Community  for  the  products  under 
consideration  of  the  categories  of  the  products  concerned. 

Article  2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  managed 
take  all  appropriate 
by  the  Commission,  which  may 
administrative  measures 
to  ensure  effective 
in  order 
administration  thereof. 

Article  3 

If an importer presents in a Member State an entry for  release 
for  free  circulation,  including  a  request  for  preferential 

(')  OJ No L  379, 31.  12.  1981,  p. 1. 
(2)  OJ No L  305, 10. 11. 1988, p. 1. 

benefit  for  a  product  covered  by  this  Regulation  and  if  this 
entry  for  release  is accepted  by  the  customs  authorities,  the 
Member States concerned  shall  inform  the Commission  and 
draw  an  amount  corresponding  to  its requirements  from  the 
corresponding  quota  amount. 

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

The drawings are granted  by the Commission  by reference  to 
the  date  of  acceptance  of  the  entries  for  release  for  free 
circulation  by the customs  authorities  of  the  Member  States 
that  the  available  balance  so 
concerned  to  the  extent 
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  by  the  Commission  of 
made. 

the  drawings 

Article  5 

Article  4 

The  Member  States  and  the  Commission  shall  cooperate 
closely  to  ensure  that  this  Regulation  is  complied  with. 

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

importers  of 

that 

Article  6 

This  Regulation  shall  enter  into  force  on  1  April  1992-

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

! 

in  all  Member 

Done  at  Brussels, 

For  the  Council 

The  President 

ANNEX 

Scries  No 

CNcode 

Taric  code 

09.2753 

09.2755 

09.2757 

09.2769 

09.2771 

09.2773 

09.2789 

ex 0302  50  10 
ex 0302 50  90 
ex 0302 50  90 
ex 0302 69  35 
ex 0303 60  11 
ex 0303  60  19 
ex 0303 60  90 
ex 0303 79  41 

ex 0302  63  00 
ex 0303 73  00 

ex 0302  62  00 
ex 0303 72  00 

ex 0305 30  11 
ex 0305 30  19 

ex 0305  30  90 

ex 0306 13 10 
ex 0306 23 10 
ex 0306 23 10 

ex 0302 21 10 
ex 0302 31 10 

*  10 
*  11 
»91 
*  10 
*  10 
M0 
» 10 
*  10 

*  10 
*  10 

*  10 
*  10 

*  10 
*  10 

*  13 

*  10 
*  11 
»91 

*  10 
*  10 

5" 

proposal for 

COUNCIL  REGULATION  (EEC)  No 

/ 91 

partially  and  temporarily  suspending  the  autonomous  duties  of  the  C o m m on  Customs  1 ariff 
on  certain  fish  fillets  (199p) 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing 
particular  Article  28  thereof, 

the  European  Economic  C o m m u n i t y,  and 

in 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  Community  supplies  of  fillets  of  certain  species  of  fish  currently  depend  on  imports 
from  third  countries; whereas  it is in the  Community's  interest  to  suspend  partially  the  customs 
duties  for  the  products  in  question;  whereas,  in  order  not  to  jeopardize  the  development 
prospects  of  production  of  competitive  products  in  the  Community  and  to  ensure  an  adequate 
supply  to  satisfy  user  industries,  it  is  advisable  to  limit  these  suspension  measures  to  a  period 
from  1 April  to  31  December  199  2 

HAS  ADOPTED  THIS  REGULATION: 

Article  I 

From  1  April  to  31  December  1 9 9 2,  the  a u t o n o m o us  duties  of  the  C o m m on  Customs  Tariff 
applicable  to  the  products  listed  below  shall  be  suspended  at  the  level  indicated  in  respect  of 
each  of  them: 

CNcode 
C) 

Description 

Rate  of  dutv 

ex  0 3 04  20  57 
ex  0304  90  47 

Fillets  and  meat  of  hake  (Merluccius  spp.,  excluding  the  genus  I 
Merluccius  merluccius,  Merluccius  bilinearis) 

, 

in 

the 

form  of 

industrial  blocks, 

frozen, 

for 

processing  (a) (b) 

ex  0 3 04  20  85 

Fillets of  Alaska  pollack  (Theragra  chalcogramma),  in  the  form  of 
industrial  blocks,  frozen,  for  processing (a) (b) 

10 

5 

(')  See Taric  codes  in  the  Annex. 
(a)  Control  of  the  use  for  this  special  purpose  shall  be carried  out  pursuant  to  the  relevant  Community  provisions 
(b)  The  suspension  shall  apply  to  products  intended  to  undergo  any  operation  unless  they  are  intended  to  undergo 

exclusively  one  or  more  of  the  following  operations: 
—  cleaning,  gutting,  tailing,  heading, 
—  cutting  (excluding  filleting  or  cutting  of  frozen  blocks), 
—  sampling, sorting, 
—  labelling, 
—  packing, 
—  chilling, 
—  freezing, 
—  deep  freezing, 
—  thawing,  separation. 
The suspension  is not allowed  for products intended, in addition, to undergo treatment  (or operations)  qualifying  for 
the suspension  where  such  treatment  (or  operations)  is (are) carried  out  at  retail  or  catering  level.  The  reduction  of 
customs  duties shall  apply  only  to  fish  intended  for  human  consumption. 

2. 
In  the  framework  of  these  suspensions,  the  Kingdom  of  Spain  a nd  the  Portuguese 
Republic shall apply customs duties calculated  in accordance with  the relevant  provisions  in  the 
Act  of  Accession. 

Imports  of  the  products  in question  shall  not  be covered  by  the  suspensions  i c l . r ml  to  in 
3. 
paragraph  1  unless  the  free-at-frontier  price,  which  is  determined  by  the  Member  States  m 
(EEC)  No  3 7 9 6 / 81  ('),  •'•'  l'l st  amended  by-
accordance  with  Article  21  of  Regulation 
Regulation  (LLC.) No  3 4 6 8 / 88  (•'),  is at  least  equal  to  the  reference  price  fixed,  oi  to  be  lixed, 
by  the  Community  for  the  products  under  consideration  or  the  categories  of  the  products 
concerned. 

This.  Regulation  shall  enter  into  force  on  1  April  1 9 9K 

Article  2 

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

in  all  Member 

Done  at  Brussels 

For  the  Council 

The  Président 

ANNEX 

CNcodc 

Taric code 

ex 0304 20 57 
ex 0304 20 57 
ex 0304 20 85 
ex 0304 9047 

• 31 
• 41 
•  10 
•  30 

(')  OJ  No  L 379,  31.  12.  1981, p.  1. 
H  OJ  No  L 305,  10.  11.  1988, p.  2. 

* 

FINANCIAL RECORD 

1. 

Budget  Iine concerned  : Chap. 12 Art. 120 

2. 

Legal basis  : Art. 28 of  the Treaty 

3. 

Title of  the tariff measure concerned  : Proposals  for Council 
Regulations opening and providing for  the administration of  Community 
tariff quotas or partially suspending  the duties for certain  fishery 
product  (1992) 

4. 

Objective  : To ensure an adequate supply for Community user 
industries 

5. 

Cost of  this tar iff-measure : 

On  the basis of  the available Community  and national  statistics, the 
cost of  this tariff-measure  is estimated at 28.izo.4^9 ecus. 

Compared with  1991,  increased  loss of 10-2>92.2£9 ecus. 

ISSN 0254-1475 

COM(91) 514 final 

DOCUMENTS 

EN 

03 02 

Catalogue number : CB-CO-91-561-EN-C 

ISBN 92-77-78467-9 

Offîce for Official Publications of the European Communities 
Lr2985 Luxembourg