Proposal for COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1994)
Date: 1994-03-07
Institutions: European Commission
Subjects: crustacean, fish product, fishery product, sea fish, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(94) 65 final 
Brussels, 07.03.1994 

Proposal  for 

COUNCIL REGULATION  (EC) 

opening  and providing  for  the administration of  autonomous 
Community  tariff  quotas  for certain  fishery  products  (1994) 

- 

ÏVÏ 

.\ - •'  •:  i ll 

>" ''Jffîi 

é  \t'.' ''Ml 

«V 

Wi 

^3-

rfe 

Mifi 

Slf; 

(presented  by  the Commission) 

r 

iK 

«J 

1 

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 
1994. 

X 

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  tariff quotas, to ensure continuation of  Community 
production  in accordance with  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 quotas 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, according  to this proposal, these tariff measures should be 
opened  from  1 April  1994 for a period extending  to 31 December  1994 in 
order  to allow planning of supply  to the  industry without  destabilizing the 
revenue of Community  producers. 

This  is the purpose of  the attached proposal. 

Proposal for 

COUNCIL  REGULATION  (EC) No 

l$± 

Of 

opening and providing for the administration of autonomous 
Community  tariff  quotas for certain  fishery  products  (1994) 

THE COUNCIL OF THE  EUROPEAN  UNION 

Having  regard  to  the  Treaty  establishing  the  European 
in  particular  Article  28, 

Community,  and 

thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

it 

is 

in 

interest 

the  Community's 

Whereas  Community  supplies  of  certain  species  of  fish  or 
fish  fillets  currently  depend  on  imports  from  third  coun 
tries ;  whereas 
to 
suspend  partially  the  customs  duties  for  the  products  in 
question,  within  Community  tariff  quotas  of  an  appro 
priate  volume ;  whereas,  in  order  not  to  jeopardize  the 
development  prospects  of  this  production  in  the  Commu 
nity  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  1994»  applying 
customs  duties  varied  accordingly  to  sensitivity  of  the 
different  products  on  the  Community  market ; 

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  applica 
tion  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 ; 

taken  by 

Whereas  the  decision  for  the  opening  of  autonomous 
tariff  quotas  should  be 
the  Community  ; 
whereas,  to  ensure  the  efficiency  of  a  common  adminis 
tration  of  these  quotas,  there  is  no  reasonable  obstacle  to 
authorizing  the  Member  States  to  draw  from  the  quota-
.  volumes  the  necessary  quantities  corresponding  to  actual 
imports ; whereas,  however,  this  method  of  administration 
requires  close  cooperation  between  the  Member  States 
and  the  Commission  and  the  latter  must  in  particular  be 
able  to  monitor  the  rate  at  which  the  quotas  are  used  up 
and  inform  the  Member  States  accordingly ; 

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  adminis 

tration  of  the  tariff  quotas  may  be  carried  out  by any  of  its 
members, 

HAS  ADOPTED  THIS  REGULATION 

Ankle  1 

From  1  April  to  31  December  1994  t ne  customs 
1. 
duties  applicable  on  importation  to  products  listed  in  the 
Annex  shall  be  suspended  at  the  levels  and  within  the 
limits  of  the  Community  tariff  quotas  indicated  for  each 
product. 

Imports  of  the  products  in  question  shall  not  be 
2. 
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  24  of  Regula 
tion  (EEC)  No  3687/91  of  28  November  1991  on  the 
fishery 
common 
products ('),  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. 

the  market 

organization 

of 

in 

Article  2 

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

Article  3 

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  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. 

(')  OJ  No  L  354,  23.  12.  1991, p.  1. 

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

the  Commission  by 
The  drawings  are  granted  by 
reference  to  the  date  of  acceptance  of  the  entries  for 
release  for  free  circulation  by  the  customs  authorities  of 
the  Member  States  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  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  the 
drawings  made. 

Article  4 

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

Article  5 

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

Article  6 

This  Regulation  shall  enter into  force  on  1 April  1994 

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

Done  at  Brussels, 

For  the  Council 

The  President 

5* 

ANNEX 

Description 

Series  No 

CN  code 
(') 

09.2753 

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

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

.,  > 

Amount 
of  quota 
(in  tonnes) 

30  000 

09.2773 

ex  030613  10 
ex  0306 23  10 

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

6  0 0 0' 

0 9 . 2 7 5 8' 

Cod  livers  (Gadus morhua,  Godos  ogac, 
Gadus macrocephalus),  and fish  liver of 
the  genus  Boreogadus  saida,  for  processing 

»x  0 3 02  70  00 

3 00 

, 

(a) (b) 

Quota  duty 
("/.) 

6 

6 

0 

092779 

Surimi,  frozen,  for  processing  (a)  (b) 

2  0 00 

6 

(a)  Control  of  the  use  for  this  special  purpose  shall  be  carried  out  pursuant  to  the  relevant  Community  provisions. 

ex  0 3 04  90  05 

(b)  The  quota  shall  apply to products  intended  to undergo  any operation  unless  they  are  intended  to undergo  esclusively  one or more of the following  opera 

tions : 

—  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 (for operations) qualifying  for the  quota  where  such  treatment (for opera 
tions)  is  (are) carried  out at  retail  or  catering  level.  The  reduction  of  customs  duties  shall  apply  only  to  fish  intended  for  human  consumption. 

(')  See Taric  codes  in  the  Annex. 

Annex 

to  the  Annex 

Series  No 

CN  code 

Tarie  code 

09.2753 

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 

( ^ 19 
Ml 
*9l 
'  10 
*  10 
'  10 
*  10 
*  10 

09.2758  ' 

ex  0302  70  00 

*20 

09.2773 

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

09.2779 

ex  0304  90  05 

*  10 
*  11 
'91 

*10 

¥ 

FINANCIAL  RECORD 

1. 

Budget  line  concerned  : Chap.  12 Art.  120 

2. 

Legal  basis  : Art.  28 of  the  Treaty 

3. 

Title  of  the  tariff  measure  concerned  : Proposal  for  Council 
Regulation  opening  and  providing  for  the  administration  of  Community 
tariff  quotas,  for  certain  fishery  products  (1994) 

4. 

Object ive  : To  ensure  an  adequate  supply  for  Community  user 
industr ies 

Cost  of  this  tariff-measure  : 

On  the  basis  of  the  available  Community  statistics,  the  cost  of  this 
tariff-measure  is estimated  at  4  191  000  ecus. 

5 

ISSN 0254-1475 

CO M (94) 65 final 

DOCUMENTS 

EN 

03  02 

Catalogue number : CB-CO-94-069-EN-C 

ISBN 92-77-65777-4 

Office  for Official  Publications of the European Communities 

Lr2985 Luxembourg