Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for frozen hake fillets and for processing work in respect of certain textile products under Community outward processing arrangements
Date: 1993-05-14
Institutions: European Commission
Subjects: fish product, frozen product, outward processing, re-import, tariff quota, textile product

I 

if" 

i  . 

mv. 

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93) 206 final 

Brussels,  14 May 1993 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

opening  and providing  for the administration  of Community  tariff 

quotas  for frozen  hake  fillets  and for processing  work in 

respect  of certain  textile  products  under  Community 

outward  processing  arrangements 

(presented  by the Commission) 

I S! 

5&r>< 

H fit  •.' 

f 

$$$£ 
Mill*1* 

iipi3£«s:ife«: 

Wfc"„V 

S i*  U 

iZwÊk 

< 

EXPLANATORY  MEMORANDUM 

Iho Europoan Economic Community  undortook  in the GATT  or  in an 

Arrangement 

concluded with  the Swiss Confederation on 

1 August  1969. to open Community  tariff quota of  5 000 tonnes at  10 % 

for  frozen  fillets of  hake, presented  in the  form of  industrial 

blocks, with bones  ("standard"), and, after  various  adaptations, a 

duty-free quota  for  1 870 000 ECUS of added  value  for  various kinds 

of  processing work  in respect  of certain  textile products under 

Community outward  processing arrangements. 

As with other  Community  tariff  quotas,  the proposal  does not  provide 
for  the quota-volumes  to be divided  up between Member  States but 
offers them the opportunity of drawing  from  the quota-volumes  the 
nocossary quantities corresponding  to actual  imports. 

_? 

.COUNCIL  REGULATION  (EEC)  No 

/93 

of 

o p e n i ng  a nd  p r o v i d i ng  for  the  a d m i n i s t r a t i on  of  C o m m u n i ty 
for 
frozen  hake  fillets  a nd  for  processing  w o rk  in  respect  of  c e r t a in  textile  products 
u n d er  C o m m u n i ty  o u t w a rd  processing  a r r a n g e m e n ts 

t a n ff  quotas 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES. 

Having  icgard  to  the  Treaty  establishing  the  Euiopean 
I I) 
Economic  Community,  and 
thereof, 

in  paiticulai  Article 

Whereas  provision  should  be  made  in  particular  to  ensure 
equal  and  continuous  access  for  those  concerned  to  the 
quotas  in  question  and  consistent  application,  until  the 
quotas  are  exhausted,  of  the  rate  prescribed  for  the  said 
quotas  to  all  goods  which  arc  imported  or  re-importcd 
into  any  of  the  Member  States  and  which  meet  the  pres 
cribed  conditions  ; 

Having  regard  to  the  proposal  from  the  Cominission, 

the  Community  has  undertaken,  within 

Whereas 
the 
framework  of  its  external  relations,  to  open  each  year  for 
periods  of,  respectively,  I  July  to  31  Decern her  and  1 
September  to  31  August  of  the  following  year,  Commit 
nity  tariff  quotas  for  5 000  tonnes  at  10  %  duty  for  frozen 
fillets  of  hake  presented  in  the  form  of  industrial  blocks 
with  bones  ("standard')  and,  after  various  adaptations,  a 
duty-free  Community  tariff  quota  for  ECU  I  870 000  of 
added  value 
in 
respect  of  certain  textile  products  under  outward  proces 
sing  arrangements  ;  whereas  the  tariff  quotas  in  question 
should  accordingly  be  opened  for  the  agreed  periods  and 
in  accordance  with  the  agreed elements  • 

for  various  kinds  of  processing  work 

t h e re 
to  a u t h o r i s i ng 

is 

the  o p e n i n g, 

f or 
i n t e r n a t i o n al 
t a r i ff  q u o t as  s h o u ld  be 

in 

to 

these  q u o t a s, 

t he  d e c i s i on 
i ts 

t he  Community;  w h e r e a s, 
the  e f f i c i e n cy  of  a  common 

Whereas 
t ho  e x e c u t i on  of 
o b l i g a t i o n s,  of 
t a k on  by 
e n s u re 
a d m i n i s t r a t i on  of 
no  r e a s o n a b le  o b s t a c le 
t he  Member  S t a t es 
q u o t a - v o l u m es 
c o r r e s p o n d i ng 
t h is  method  of  a d m i n i s t r a t i on 
c l o se  c o o p e r a t i on  between 
S t a t es  and  t he  Commission  and  t he 
must 
t he  r a te  at  w h i ch 
and 
a c c o r d i n g l y; 

in  p a r t i c u l ar  be  a b le 

t he  Member  S t a t es 

to  draw 

i n f o rm 

from 

the 

r e q u i r es 

t he  Member 

l a t t er 

to  m o n i t or 

t he  n e c e s s a ry  q u a n t i t i es 
to  a c t u al 

i m p o r t s;  whereas 

t he  quotas  a re  used  up 

Whereas,  s i n ce 
the  Kingdoa  of 
the  Kingdoa  of  B e l g i u a, 
the  Netherlands  and  the  Grand  Duchy  of  Luxeabourg  are 
the  Benelux 
u n i t ed  w i t h i n,  and  j o i n t ly  represented  b y, 
i c o n o a ic  U n i o n,  a ll 
n i s t r a t i on  of 
aay  be  c a r r i ed  out  by  any  one  of 

l e v i ed  by  t h at  econoaic  union 
i ts  aeabers, 

t r a n s a c t i o ns  concerning  the  admi 

the  shares 

HAS  ADOPTED  THIS  REGULATION : 

Article 

I 

I. 
From  I  July  to  31  December  1993 the  customs  duty 
applicable  to  the  import  of  the  proaucts  listed  below  shall 
be  suspended  at  the  levels  and  within  the  limit  of  the 
Community  tariff  quota  shown  herewith  : 

Oitln  No 

<N  unir 
n 

Dru option 

Quou  duly 

09.003/ 

rx  0.104  20  S 7 

Frozen  fillets  of  hake (Merlutaus  spp.) presented in  the  form  of 
industrial  blocks  with  bones  ("standard") 

(')  Taru  code»  0304 20 S J \ I|  «ml  0304 20 M  S9 

2.  Where  the  Community  has  fixed  a  reference  price 
for  the  products  or  categories  of  products  concerned, 
imports  of  fillets  of  hake  shall  benefit  from  the  relevant 
quota  fixed 
frec-at-fronticr 
price  determined  by  the  Member  States  in  accordance 
with  Article  22 of  Regulation  (EEC)  No  3759/92('). 

in  paragraph  1  only 

if  the 

is 

at 

l e a st  equal 

to  the  r e f e r e n ce  p r i c e. 

Imports  of 

3. 
these  products  shall  not  be  charged 
against  this  tariff  quota  if  they  are  already  eligible  for  an 

1 

equal  or  lower  customs  duty  under  other  preferential  tariff 
treatment. 

Article  2 

1.  Erom  I  September  1993  to  31  August 1994 
the 
customs  duties  applicable  to  re-imports  of  the  following 
products shall  be  totally  suspended  within  the  limit  of  the 
Community  tariff  quota  shown  herewith : 

Order  N<> 

CN  codr 

Description 

Volume  of 
tariff  quota 

09.2501 

Goods  resulting  from  processing  work  as  provided  for  in  the  arrangement 
with  Switzerland  on  processing  traffic  in  textiles  as  follows : 

(a)  processing  work  on  woven  fabrics  falling  within  Chapters  50  to  55  and 

CN  code  5809 00 00 

(1>)  twisting  or  throwing,  cabling  and  texturizing  (whether  oi  not  combined 
with  other  processing  work) of  yarns  falling  within  Chapters  .50 to  55 and 
CN  code  5605 00 00 

(c)  processing  work  on  products  falling  within  the  following  CN  codes : 

5606 00 

Gimped  yarn, and strip and the  like.of  code  5404 or  5405, gimped (other than 
those  of  code  560.5  and  gimped  horsehair  yarn) :  chenille  yarn  (including 
flock  chenille  yarn) ;  loop  wale-yarn : 

5606 00 91 

5606 00  99 

5801 

Other : 

(•imped  yarn 

Other 

Woven  pile  fabrics  and  chenille  fabrics,  other  than  fabrics  of  code  5802  or 
5806 : 

ECU  I 870 000 
of  value  added 

5801  10 00 

Of  wool  or  fine  animal  haii 

5801 22 00 

5801 23 00 

5801 24 00 

5801 25 00 

5801 26 00 

- 

- 

- 

- 

OI  cotton : 

Cut  corduroy 

-  Other  weft  pile  fabrics 

-  Warp  pile  fabrics,  épingle  (uncut) 

-  Warp  pile  fabrics,  cut 

• Chenille  fabrics 

-  Of  man-made  fibres : 

5801 32 00 

-  —  Cut  corduroy 

5801 .33 00 

- 

-  Other  weft  pile  fabrics 

5801 34 00 

-  —  Warp  pile  fabrics,  épingle  (uncut) 

5801 35 00 

S80I U. 00 

5801 90 

5801 90 10 

5801 90 90 

Waip  pile  fabrics,  cut 

Chenille  fahiits 

Oi  othet  textile  materials: 

Of  flax 

Other 

5802 

5804 

5806 

5808 

6001 

6002 

Terry  towelling  and  similar  woven  terry  fabrics,  other  than  narrow  fabrics  of 
code  5806 .  tufted  textile  fabrics,  other  than  products  of  code  5703 

Tulles  and  other  net  fabrics,  not  including  woven,  knitted  or  crocheted 
fabrics,  lace  in  the  piece,  in  strips  or  in  motifs 

Nanow  woven  fabrics, other  than  goods  of  code  5807 , narrow  fabrics  consis 
ting  oi  warp  without  weft  assembled  by  means  of  an  adhesive  (bolducs) 

Braids  in  the  piece , ornamental  trimmings  in  the  piece,  without  embroidery 
other  than  knitted  or  crocheted ;  tassels,  pompoms  and  similar  articles 

Pile  fabrics,  including  'long  pile' fabrics and  terry fabrics, knitted  or crocheted 

Other  knitted  or  crocheted  fabrics 

(')  OJ  No  I.  388  of  3 1 . 1 2 . 1 9 9 ? , , p.  I 

^r 

Article 

4 

If  an  importer  presents  in  a  Member  State  an  entry  for 
release  for  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 
tariff  quota,  by  means  of  notification  to  the  Commission, 
a  quantity  corresponding  to  these  needs. 

The  request  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  arc granted  by the  Commission  on  the  basis 
of  the  date  of  acceptance  of  the  entries  for  release  for  free 
circulation  by  the  customs  authorities  of  the  Member 
State  concerned,  to  the  extent  that  the  available  balance 
so  permits. 

If  a  Member  State  docs  not  use  the  quantities  drawn,  it 
shall  return  them  as soon  as possible  to  the  tariff  quota. 

If  the  quantities  requested  are  greater  than  the  available 
balance  of  the  tariff  quota,  allocation  shall  be  made  on  a 
pro  rata  basis  with  respect  to  the  requests.  Member  States 
shall  be  informed  thereof  by  the  Commission. 

Article 

5 

Each  Member  State  shall  ensure  that  importers  of  the 
products  concerned  have  equal  and  continuous  access  to 
the quotas  for  such  times  as the  balance  of  the  tariff  quota 
so  permits. 

Article 

6 

Member  States  and 
closely  to ensure  that  this  Regulation  is complied  with. 

the  Commission  shall  cooperate 

Article  7 

This  Regulation  shall  enter  into  force  on  1  July  1993. 

2. 

For  the  purposes  of  this  Article : 

(a)  'processing  work'  shall  mean  : 

in  the 

•—  for  the  purposes  of  paragraph  I  (a) and  (c)  appea 
ring 
table :  bleaching,  dyeing,  printing, 
flocking,  impregnating,  dressing  and  other  work 
which  changes  the  appearance  or  quality  of  the 
goods,  without  however  changing  their  nature, 
—  for  the  purposes  of  paragraph  1  (b)  appearing  in 
the  table : twisting  or  throwing,  cabling  and  textu 
rizing,  whether  or  not  combined  with  reeling, 
dyeing  or  other  work  which  changes  the  appea 
rance,  quality  or  finish  of 
the  goods,  without 
however  changing  their  nature ; 

(b)  'value  added'  shall  mean  the  difference  between  the 
value  for  customs  purposes  as  defined  in  Community 
regulations  on 
time  of 
re-importation  and  the  value  for  customs  purposes  as 
it  would  be  if  the  products  were  re-imported  in  the 
state  in  which  they  were  exported. 

subject 

this 

the 

at 

3.  Re-imports  of  products,  resulting  from  this  proces 
sing  work  may  not  be  charged  to  the  tariff  quota  if  they 
are already  free  of  customs  duties  under  other  preferential 
tariff  arrangements. 

Article 

3 

The  tariff  quota  referred  to  in  Articles  1  and  2  shall  be 
administered  by  the  Commission,  which  may  take  any 
appropriate  measure  with  a  view  to  ensuring  the  efficient 
administration  thereof. 

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

Done  at  Brussels, 

For  the  Council 

The  President 

Q 

FINANCIAL RECORD 

1.  Budget  11ne concerned  : Chap. 12 Art. 120 

2.  Legal basis : Art. 113 of the Treaty 

3.  Title of the tariff measure concerned  : Proposal for a Council 

regulation (EEC) opening and providing for the administrât ion of 

Community tariff quotas for frozen hake fillets and for processing work 

in respect of certain textile products under Community outward 

processing arrangements. 

4-  OblectIve : Fulfilment of contractual obligations of the Community. 

5.  Method of calculation : 

CCT heading: 

ex 0304 20 57 

Various 

Volume of the quota:  5 000 T 

Duty to be applied:  10 % 

Normal CCT duty: 

15 % 

187 000 ecus 

0 % 

6.  Duty-loss : 

Unit value (ecus) : 

1 333 

Total value (ecus) : 6 665 000 

Duty-loss (ecus) : 

333 250 

187 000 

Compared with the preceding period  : increased of (333 250 + 187 000) -

(317 500 + 187 000) - 15 750 ecus. 

9 

ISSN 0254-1475 

COM(93) 206 final 

DOCUMENTS 

EN 

il  02 

Catalogue number : CB-CO-93-232-EN-C 

ISBN 92-77-55737-0 

Office for Official Publications of the European Communities 
1^2985 Luxembourg