Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries
Date: 1992-12-16
Institutions: European Commission
Subjects: EFTA countries, fish, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0MC92)  561 

f i n al 

Brussels,  16  December  1992 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  Community 
tariff  quotas  for  oertaln  agricultural  and  fishery 
products  originating  in  certain  EFTA 
countries 

(presented  by the Commission) 

K 

EXPLANATORY  MEMORANDUM 

1. 

2. 

3. 

Certain agreements concluded between the European Economic 
Community  on the one hand and Norway, Austria, Switzerland 
and Sweden on the other, approved by Council Decisions 
86/555/EEC, 86/557/EEC, 86/558/EEC and 86/559/EECt1), 
provide for the opening by the Community  of certain annual 
Community  tariff quotas laying down specific volumes and 
customs duties for certain agricultural and fishery 
products. 

The aim of the attached proposal is the application of 
these tariff quotas for 1993. 

As in the case of other Community  tariff quotas, the 
proposal does not provide for the allocation among the 
Member States of the quota volumes byt enables the Member 
States to draw from the quota volumes the quantities 
required to oover the aotual imports recorded. 

(1) OJ No L 328 of 22.11.1986, pp. 58,77,90 and 99 

3 
Proposal  for  a 

C O U N C IL  REGULATION  (EEC)  No 

192 

of 

opening  and  providing  for  the  administration  of  C o m m u n i ty  tariff  quotas  for 
certain  agricultural  and  fishery  products  originating  in  certain  EFTA  countries 

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  proposal  from  the  Commission, 

86/558/EEC 

86/555/EEC, 

Whereas,  in  agreements  concluded  between  the  Commu 
nity  and  certain  EFTA  countries  and  approved  by  Deci 
sions 
and 
86/557/EEC, 
86/S59/EEC ('),  the  Community  undertook  to  open  each 
year,  subject 
tariff 
quotas  at  a  reduced  or  zero  rate  of  duty  for  a  number  of 
agricultural  and  fishery  products  originating 
those 
countries  ;  whereas  those  tariff  quotas  should  be  opened 
for  1993,  and,  where  necessary,  the  conditions  of  eligibi 
lity  laid  down  should  be  specified  ; 

to  certain  conditions,  Community 

in 

importers  should  be  ensured 
Whereas  all  Community 
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  ; 

t a r i ff 

i n t e r n a t i o n al  o b l i g a t i o n s,  of 

Whereas  the  decision  f or  the  opening,  in  the  execution  of 
i ts 
quotas  should  be  taken  by  the  Community;  whereas,  to 
ensure  the  e f f i c i e n cy  of  a  common  a d m i n i s t r a t i on  of 
quotas,  there  is  no  reasonable  obstacle  to  a u t h o r i s i ng 
the  Member  States  to  draw  from  the  quota-voltmes  the 
necessary  q u a n t i t i es  corresponding  to  a c t u al 
imports; 
whereas  t h is  method  of  a d m i n i s t r a t i on  requires  close 
cooperation  between  the  Member  States  and  the  Ccrrmission 
and  the  l a t t er  must  in  p a r t i c u l ar  be  able  to  monitor  the 
rate  at  which  the  quotas  are  used  up  and  inform  the 
Member  States  a c c o r d i n g l y; 

these 

Whereas  since  the  Kingdom  of  Belgium,  the  Kingdom  of 
the  Netherlands  and  the  Grand  Duchy  of  Luxembourg 
iare  united  within,  and  jointly  represented  by,  the  Benelux 
jEconomic  Union,  any  operation  concerning  the  adminis 
tration  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  1993 the  customs 
duties  applicable  to  imports  of  the  products  listed  below 
shall  be  suspended  at  the  levels  indicated  below  and 
within 
tariff  quotas  as 
shown  below  : 

the  Community 

limits  of 

the 

(a)  The  following  products,  originating  in  Sweden 

Order  No 

CN  code 
0 

0302 

Description 

Amount 
of  quota 
(in  tonnes) 

Quota  duty 
(%) 

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 

I 

3 500 

0302 62 00 
0302 63 00 
0304 

—  Other  fish,  excluding  livers  and  roes : 

— —  Haddock  (Melanogrammus  aeglefinus) 

— — Coalfish  (Pollachius  virens) 
Fish  fillets  and  other  fish  meat (whether  or  not  minced),  fresh, 
chilled  or  frozen  : 

0304 10 

—  Fresh  or  chilled : 

09.0603 

Fillets : 

Other : 

> 

1  500 

ex  0304  10 31 

— — — —  Of  cod  (Gadus  morhua,  Gadus  ogac,  Gadus 
macrocephalus) and  of  fish  of  the  species  Bore-
ogadus  saida: 

—  Of  the  species  Gadus  morhua 

(*)  See  Taric  codes  in  the  Annex. 

(')  OJ  No  L  328,  22.  11.  1986,  pp.  58,  77,  90  and  99. 

i 

Description 

Amount 
of  quota 
(in  tonnes) 

Quota  duty 
(%) 

CN  code 
0 

1604 

Order No 

f 

09.0605  I 

[ 
t 

09.0607 

Prepared  or  preserved 
prepared  from  fish  eggs : 

fish;  caviar  and  caviar  substitutes 

— Fish,  whole  or  in  pieces,  but  not  minced : 

1604 12 

—  — Herrings: 

1604  12 90 

Other: 

1604 13 

—  — Sardines,  sardinella  and  brisling  or  sprats : 

1604  13 90 

1604 19 

1604  19 99 

Other 

Other: 

Other: 

Other 

1604  20 

— Other  prepared  or  preserved  fish : 

i 

1604 20 90 

Of  other  fish 

09.0609 

| 

1604 30 

— Caviar  and  caviar  substitutes : 

1604 30 90 

—  — Caviar  substitutes 

' 

1605 

Crustaceans,  molluscs  and other  aquatic  invertebrates,  prepared 
or  preserved: 

09.0611  < 

ex  1605 20 00 

— Shrimps  and  prawns : 

i 

prawns ^of  the  Crangon  variety 

— Shelled,  whether  or  not  frozen,  excluding  shrimps  and 

(*) See Taric  codes  in  the Annex. 

(b)  The  following  products,  originating  in  Norway : 

\ 

J 
\ 

t 

\ 

' 

* 

250 

0 

200 

60 

0 

0 

120 

7,5 

Order  No 

CN  code 
0 

09.0701 

ex  1504 20 10 
ex  1504 30  19 
ex  151610 90 

0305 

Description 

Amount 
of  quota 
(in  tonnes) 

Quota  duty 
(%) 

Oils  and  fats  of  marine  animals,  other  than  whale  oil and 
sperm oil, in packings of a net capacity of more than  1  kg 

1000 

8,5 

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  macroce-
phalus): 

09.0707 

ex 0305 51 10 

— — — Dried,  unsalted : 

— Excluding  of  cod of  the species  Gadus macroce-

0305 59 

Other : 

phalus 

09.0709 

09.0711 

0305 59 11 

0305 30 19 

ex 160413 90 

1604 19  92 

ex1604  19  93 

1604  19 94 
1604  19 95 

1604  19 98 

— — — Fish  of  the species  Boreogadus  saida: 
— — — — Dried,  unsalted 

Fillets  of cod of the species  Gadus  morhua and  Gadus ogac, 
and fish  fillets of the species  Boreogadus saida, dried, salted or 
in  brine 

Prepared  or preserved  fish,  including  caviar and caviar  substi 
tutes  prepared  from  fish  eggs : 
Other: 
— Sardinella,  brisling  or  sprats,  not  including  fillets,  raw, 
merely  coated  with  batter  or breadcrumbs,  whether  or  not 
pre-fried  in  oil,  deep-frozen 

other 

i 

C o d C G a d g ^ ^ G a d is  ogac.  Gads 

Coalfibh  (PoUachius  virens),  excluding 
smoked  coalfish 
Hake  (Merluccius  spp.,  Urophycis  spp. 

Alaska  pollack  (Theragra  chalcogranr 
rna)  and  (PoUachius  pollachius) 

other 

ex  1604 20 90 

Fish  other  than  herring  and smoked  saithe 

' 

0  See Taric  codes  in  the Annex. 

3 900 

3 000 

400 

10 

-£ 

(c)  The  following  products,  originating  in  Austria : 

Order  No 

CN  code 

Description 

09.0801 

ex 2009 80 11 
ex 2009 80 19 

Concentrated  pear  juice 

(d)  The  following  products,  originating  in  Switzerland : 

Amount 
of  quota 
(in  hi) 

2 000 

Quota  duty 
(%) 

30  +  AGR 
possibly 
applicable 

Order  No 

CN  code 
0 

09.0901 

0809 20  40 
ex  0809 20  80 

(*) See  Taric  codes  in  the  Annex. 

Description 

Amount 
of  quota 
(in  tonnes) 

Quota  duty 
(%) 

Table  cherries  excluding  Morello  cherries 

1  000 

0 

2886/89 (*), 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. 

4. 
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 adminis 
tered  by  the  Commission,  which  may  take  any  appro 
priate  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  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. 

Imports  of  the  products  listed  in  paragraph  1 which 
2. 
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. 

3. 
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  24  of  Council  Regula 
tion  (EEC)  N o S ô a Wl  of  28  rJovember  1991  on  the 
common  organization  of 
fishery 
products ('),  as  last  amended  by  Regulation  (EEC)  No 

the  market 

in 

(') OJ  No  L 354,23.  12.1991,  P.  l. 

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

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 

importers  of  the 
Each  Member  State  shall  guarantee 
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  1993 

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

Done  at  Brussels, 

For  the  Council 

The  President 

ANNEX 

Taric  codes 

°N

d

er 

o

CN  code 

Taric  code 

09.0603 

ex  0304  10 31 

0304  10 31  * 10 

09.0611 

ex  1605 20 00 

1605 20  00*91 

09.0701 

ex  1504 20  10 
ex  1504 30  19 
ex  1516  10 90 

09.0707 

ex  0305  51  10 

09.0711 

ex  1604  13 90 

ex  1604  19 93 
ex  1604  20 90 

1605 20  00*96 

1504 20  10 * 90 
1504 30  19*  10 
1516  10  90*11 

0305  51  10 *  10 
0305  51  10*20 

1604  13  90*91 
1604  13  90*99 
1604  19  93*90 
1604 20  90*30 
1604 20  90*90 

09.0801 

ex2C09 80 11 
ex2009 80 19 

2009 80 11*40 
2009 80 19*10 

09.0901 

ex  0809 20  40 
ex  0809 20  80 

0809 20 40 *10 
0809 20 80 ' l1 
0809  2080*31 
0809  2080*81 

T 

FINANCIAL  RECORD 

1. 

2. 

Budget  line  conoerned  : Chap.  12 art. 120 

Legal  basis  : art. 113 

Title  of the tariff  measure  concerned  : Proposal  for a 
Council  Regulation  opening  and providing  for the 
administration  of Community  tariff  quotas  for  certain 
agricultural  and fishery  products  originating  in  certain 
BFTA  countries. 

Objeotlve  : Fulfilment  of oontraotual  obligations  of the 
Community. 

5. 

Duty-loss  : 

Description of 
the predicts 

Quant i t ies 

Price 
Ecus/tonne 

Normal duty 
(in%) 

Quota duty 
(%) 

Duty-loss 
(ecu) 

Norway 
1) Oils and fats 
of marine ani 
mals 

2) Filets of cod 
3) Prepared fish 
4) Dried cod 
Aistria 
4) Pear Juice 

Swiss 
5) Table cherries 
Sweden 
6) God, haddock, 
coalfish 

7) Filets of cod 
8) Prepared 
herrings 

9) Other prepared 

1 000T 

539 

3 0 0 0T 
400T 
3 9 0 0T 

5 298 
2 513 
15 459 

2 000 hi 
(or 300 T) 

840 

17 

20 
20 
13 

42 

1 000T 

789 

15 

...'" 'I'" 

3 500T 
1 600T 

1 136 
2 830 

250T 

2 990 

fish 

200T 

3 832 

10)Caviar substi 

tutes 
11)Shelled 
shrimps 

60T 

7 900 

120 T 

11 073 

13 
18 

20 

20 

30 

20 

8,5 

0 
10 
0 

30 + AGR 
possibly 

0 

0 
0 

0 

0 

0 

7,5 

45 815 

3 178 800 
100 520 
7 837 713 

30 240 

118 350 

516 880 
764.100 

149.500 

153 280 

142 200 

166 095 

13 203 493 

Compared  with  1992, increased  loss of: 

13  203 493 ecus  -  12 575 367 ecus  -  6 28 126 ecus. 

ISSN 0254-1475 

COM (92) 561 final 

DOCUMENTS 

EN 

03 11 02 

Catalogue number : CB-CO-92-583-EN-C 

ISBN 92-77-50772-1 

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