Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for forzen hake fillets and for processing work in respect of certain textile products under Community outward processing arrangements
Date: 1994-04-15
Institutions: European Commission
Subjects: frozen product, outward processing, sea fish, tariff quota, textile product

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(94) 129 final 
Brussels,  15.04.1994 

94/0110  (ACC) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

Opening  and providing  for the administration of Community  tariff  quotas  fo' 
frozen  hake  fillets and for processing  work  in respect  of  certain  textile 
products  under  Community  outward  processing  arrangements 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

The  European  Economic Community  undertook  in the GATT  or  in an 

Arrangement  concluded  with  the Swiss Confederation on  1 August  1969, 

to open  Community  tariff  quota  from  1 July until  31  December  or  from 

1 September  until  31 August  of  the  following  year  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. 

2. 

As with  other  Community  tariff  quotas, the proposal  does not  provide 

the quota-volumes  to be divided  up  between Member  States but  offers 

them  the opportunity of  drawing  from  the quota-volumes  the  necessary 

quantities corresponding  to actual  imports. 

L 

Proposal  for 

COUNCIL REGULATION  (EC) No 
Of 

/94 

Opening «nd 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 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  e s t a b l i s h i ng  the 
European  Conwiunity,  and  In  p a r t i c u l ar  A r t i c le  113 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

the  Community  has  undertaken,  within 

Whereas 
the 
framework  of  its  external  relations,  to  open  each  year  for 
periods  of,  respectively,  1  July  to  31  December  and  1 
September  to  31  August  of  the  following  year,  Commu 
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  1 870 000  of 
added  value  for  various  kinds  of  processing  work 
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 ; 

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  are  imported  or  re-imported 
into  any  of  the  Member  States  and  which  meet  the  pres 
cribed  conditions ; 

Whereas  the  decision  for  the  opening,  in  the  execution  of 
its  international  obligations,  of  tariff  quotas  should  be 

taken  by  the  Community;  whereas,  to  ensure  the  effici 
ency  of  a common  administration  of  these  quotas,  there  is 
no  obstacle  to  authorizing  the  Member  States  to  draw 
from  the  quota-volumes  the  necessary  quantities  corres 
ponding  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  accor 
dingly ; 

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  the  shares  levied  by  that  economic  union 
may  be  carried  out  by  any  one  of  its  members, 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

1. 
From  1 July  to  31  December  1994 the  customs  duty 
applicable  to  the  import  of  the  products  listed  below  shall 
be  suspended  at  the  levels  and  within  the  limit  of  the 
Community  tariff  quota  shown  herewith  : 

Order  No 

CN  cock 
0 

Description 

Amount 
of  quota 
(tonnes) 

Quota  duty 
(%) 

09.0037 

ex  0304 20  57 

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

5 000 

10 

(<) Tsrw: code* 0304 2© 57 * 31 »nd 0304 20 57 ' 39. 

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  in paragraph  1 only  if the free-at-front1er price 
determined  by the Member  States  in accordance with 
Article 22 of Regulation  (EEC) No 3759/920). modified 
for  the  last  time by Regulation  (EEC) No  1891/93(2),  is 
at  least  equal  to the  reference price. 

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

(')  Ol  No  1.  3K8,  31.  12.  1992,  p.  1. 

( 2)  0J  No  L  1 7 2,  1 5 . 0 7 . 1 9 9 3,  p.  1 

\ 

equal or lower customs duty under other preferential tariff 
treatment. 

Article  2 

1. 
From  1  September  1994  to  31  August  1995  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  : 

Older N< 

CN code 

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 

(b)  twisting  or  throwing,  cabling  and  texturizing  (whether  or  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  5605  and  gimped  horsehair  yarn) :  chenille  yarn  (including 
flock  chenille  yarn) ;  loop  wale-yarn  : 

—  Other: 

5606 00 91 

—  — Gimped  yarn 

5606 00 99 

Other 

5801 

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

ECU  1  870  000 
of  value  added 

5801 10 00 

— Of  wool  or  fine  animal  hair 

—  Of  cotton  : 

5801 22 00 

— — Cut  corduroy 

5801 23 00 

— — Other  weft  pile  fabrics 

5801 24 00 

—  — Warp  pile  fabrics,  épingle  (uncut) 

5801  25 00 

—  — Warp  pile  fabrics,  cut 

5801  26 00 

— — 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 

—  — Warp  pile  fabrics,  cut 

5801 36 00 

— — Chenille  fabrics 

5801 90 

—  Of  other  textile  materials : 

5801 90  10 

5801 90 90 

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 

Narrow  woven  fabrics,  other 
than  goods  of  code  5807 ;  narrow  fabrics 
consisting  of  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 

2. 

For  the  purposes  of  this  Article  : 

-—  for  the  purposes  of  paragraph  1  (b)  appearing  in 

(a)  'processing  work'  shall  mean  : 

—  for 

the  purposes  of  paragraph 

1  (a)  and 

(c) 

in  the  table  :  bleaching,  dyeing,  prin 
appearing 
ting,  flocking, 
impregnating,  dressing  and  other 
work  which  changes  the  appearance  or  quality  of 
the  goods,  without  however  changing  their  nature, 

the  table  :  twisting  or  throwing,  cabling  and  textu 
rizing,  whether  or  not  c o m b i n ed  with 
reeling, 
dyeing  or  other  work  which  changes  the  appea 
the  goods,  without 
finish  of 
rance,  quality  or 
however  changing  their  nature  ; 

(b)  'value  added'  shall  mean 

tin-
value  for  customs  purposes  as  defined  in  C o m m u n i ty 

the  difference  between 

k 

this 

regulations  on 
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 

time 

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. 

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  are 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  does  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  1994. 

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

Done  at 

For  the  Council 

The  President 

5 

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  (EC) 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. 

4. 

Objective  : 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 

1.870.000  ecus 

Duty  to be applied: 

10 X 

0 % 

Normal  CCT duty: 

15 X 

6. 

Duty-loss : 

Unit  value  (ecus)  : 

1 399 

Total  value  (ecus)  : 6 995 000 

Duty-loss  (ecus) : 

349 750 

187 000 

Compared  with  the preceding period  : increased of  (349 750 + 187 000) -

(333 250 + 187 000) - 16 500 ecus. 

c 

ISSN 0254-1475 

COM(94) 129 final 

DOCUMENTS 

EN 

03 02 

Catalogue number : CB-CO-94-139-EN-C 

ISBN 92-77-675^ ?-7 

Office  for Official  Publications of the European Communities 
L-2985 Luxembourg 

^