Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for herring, fresh or chelled, originating in Sweden
Date: 1993-06-22
Institutions: European Commission
Subjects: Sweden, sea fish, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 286 final 

Brussels, 22 June  1993 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

opening and providing  for  the administration of a 

Community  tariff quota  for herring, fresh or chilled, 
originating  in Sweden 

(presented  by the Commission) 

EXPLANATORY MEMORANDUM 

I 

Council's Decision of  15 September  1986 concerning  the conclusion of 
the Agreement  in the form of Exchange of Letters between the European 
Economic Community and the Kingdom of Sweden on the Agricultural  and 
fisheries sectors^1) provides for  the opening on a date to be 
determined by common accord of a Community  tariff quota for herring, 
fresh or chilled, whole, headless or  in pieces, and originating  in 
Sweden. 

The present proposal  aims at  implementing this tariff quota for the 
period  1 August  1993 to 14 February 1994. 

As  in the case of other Community  tariff quotas, the proposal  does 
not provide for  the quota volume to be allocated  among  the Member 
States, which will make drawings from the quota volume to cover 
actual  imports. 

(1)  J.O. N- L 328 du 22.11.1986, p. 89 

3 

Proposal  for  a 

COUNCIL  REGULATION  (EEC)  No 

7 93 

opening  and  providing  for  die  administration  of  a  Community  tariff  quota  for 
herring,  fresh  or  chilled,  originating  in  Sweden 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

levy  for  the  tariff  quota  should  be  applied  consistently  to 
all  imports  until  the  quota  is  used  up ; 

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

Having  regard  to  the  Act  of  Accession  of  Spain  and 
Portugal, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  an  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Sweden  was  concluded 
on  22  July  1972;  whereas,  following  the  accession  of 
Spain  and  Portugal,  an  Agreement  in  the  form  of  an 
Exchange  of  Letters was concluded  between  the  European 
Economic  Community  and  the  Kingdom  of  Sweden  on 
the  agriculturan  and  fisheries  sector ; whereas  this  Agree 
ment  was  adopted  by  Decision  86/558/EEC (') ; 

Whereas  this  Agreement  provides  for  the  opening,  over  a 
period  to  be  determined  by  common  accord,  of  a  20 000 
tonne  duty-free  Community  tariff  quota  for  herring,  fresh 
or  chilled,  whole,  headless  or  in  pieces,  originating  in 
Sweden  ;  whereas,  therefore,  the  tariff  quota  in  question 
should  be  opened  for  the  period  1  August  1993  to  14 
February  1994; 

Whereas  equal  and  continuous  access  to  the  quota  should 
be  ensured  for  all  Community  importers  and  the  rate  of 

in 

to 

the  o p e n i n g, 

f or 
i n t e r n a t i o n al 

Whereas  the  d e c i s i on 
the  e x e c u t i on  of 
I ts 
o b l i g a t i o n s,  of  t a r i ff  quotas  should  be 
taken  by  the  Community;  whereas, 
ensure  the  e f f i c i e n cy  of  a  common 
administration  of  these  quotas, 
there 
no  reasonable  obstacle  to  a u t h o r i s i ng 
the  Member  States  to  draw  from 
quota-volumes  the  necessary  q u a n t i t i es 
corresponding  to  a c t u al 
t h is  method  of  a d m i n i s t r a t i on 
close  cooperation  between  the  Member 
States  and  the  Commission  and  the 
m u s t . in  p a r t i c u l ar  be  able  to  monitor 
the  r a te  at  which  the  quotas  are  used  up 
and  Inform  the  Member  States 
accordingly; 

i m p o r t s;  whereas 

r e q u i r es 

l a t t er 

the 

is 

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,  all  transactions  concerning  the  admi 
nistration  of  this  quota  may  be  carried  out  by  one  of  its 
members, 

HAS  ADOPTED  THIS  REGULATION : 

Article  1 

1. 
From  1  August  199J  to  14  Febmary  1994  the 
Common  Customs  Tariff  duty  on  the  following  products 
shall  be  suspended  at  the  level  and  within  the  time  limit 
of  the  Community  tariff  quota  as  shown  herewith  : 

Order  No 

CN  code 

Description 

Amount 
of  quota 
(in  tonnes) 

Quota  duty 
(•/.) 

09.0615 

ex  0302 40 90 
ex  0304  10 93 
ex  0304  10 98 

Herring  and  meat  of  herring,  fresh  or  chilled,  originating  in 
Sweden 

20 000 

0 

(')  Taric  codes :  ex  0302 40 90 '^O,  ex  0304  10 93 '^0,  ex 0304  10 98 * 1^ 

(')  OJ  No  L  328,  22.  11.  1986,  p. 89. 

Imports  of  the  products  in  question  shall  not  benefit 
2 
from  the  tariff  quotas  referred  to  in  paragraph  1  unless 
the  free-at-frontier  prices,  which  are  determined  by  the 
Member  States  according  to Article  22 of  Council  Regula 
t ne 
tion  (EEC)  No  37S9/95 
common 

organization  of 

.  •  °" 
in 

the  market 

fishery 

and  a q u a c u l t u r al  p r o d u c t s *1*; 
amended  by  Council  R e g u l a t i on  (CEE)  n'  697/93*2) 

are  at  least  equal  to  the  reference  prices  if 
such  prices  have  been  fixed  or  are  to  be  fixed  by  the 
Community  for  the  product  under  consideration  or  the 
levy  of  the  products  concerned.  For  the  calculation  of  the 
reference  price,  the  following  coefficients  shall  be  appli 
cable : 

whole  herring  :  I, 

—  flaps  of  herring  :  2,32, 
—  pieces  of  herring:  1,96. 

^ 

authorities,  the  Member  Stare  concerned  shall  inform  the 
Commission  and  draw  an  amount  corresponding  to  its 
requirements  from  the  quota  amount. 

The  drawing  requests,  with  indication  of  trie  Jate  of 
acceptance  of  the  said  declarations,  must  be  transmitted 
to  the  Commission  without  delay. 

The  drawings  are  granted  by 
the  Commission  by 
reference  to  the  date  of  acceptance  of  the  declaration  of 
entry  into  free  circulation  by  the  customs  authorities  of 
the  Member  Slate  contented  to  the  extend  lli.n  I he  avai 
lable  balance  so  permits. 

If  a  Member  States  does  not  use  the  quantities  drawn,  it 
shall  return 
them  as  soon  as  possible  to  the  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  thereof. 

Article  2 

Article  4 

The  tariff  quota  referred  to  in  Article  1 shall  be  adminis 
tered  by  the  Commission,  which  may  take  all  appropriate 
administrative  measures  in  order  to  ensure  effective  admi 
nistration  thereof. 

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  Regula 
tion  and  if  this  declaration  is  accepted  by  the  customs 

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

Article  5 

Member  States  and 
the  Commission  shall  collaborate 
closely  in  order  to ensure  that  (his  Regulation  is  complied 
with. 

Article  6 

This  Regulation  shall  enter  into  force  on  1  August  1993. 

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 388,31.  12. 19 i,  p. 1. 

(2) 

OJ  N-  L  7 6,  3 0 . 3 . 1 9 93  p . 12 

j-

FINANCIAL  RECORD 

1.  Budget  line 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 administration of a Community  tariff  quota  for herring, fresh 

or chilled, originating  in Sweden. 

4-  Object ive  : Fulfilment of contractual  obligations of the Community 

(Agreement  EEC/Sweden) 

5.  Method of calculation : 

CCT heading: 20 000 t 

Volume of  the quota: 0 % 

Normal  duty:  15 % 

6.  Duty-loss : 

Unit  value  (ecus)  : 336 

Total  value  (ecus)  : 6 720 000 

Duty-loss (ecus) (15%)  : 1 008 000 

Compared with  the preceding period:  increased of duty-loss : 

1 008 000 ecus - 960 000 ecus - 48 000 ecus. 

G 

ISSN 0254-1475 

COM(93) 286 final 

DOCUMENTS 

EN 

11 02 

Catalogue number : CB-CO-93-320-EN-C 

ISBN 92-77-56959-X 

!ifjce  for Officiai Publications of the European Communities 
2°~ 

: •• ;-^bç\i.:z 

•