Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of a Community tariff quota for live fry and juveniles of sea bream (Sparus aurata) and bass (Dicentrarchus labrax) originating in Ceuta
Date: 1994-06-17
Institutions: European Commission
Subjects: Ceuta and Melilla, aquaculture, free circulation, sea fish, tariff preference, tariff quota

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 194 final 
Brussels,  17.06.1994 

94/0153  (CNS) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

opening and providing  for the administration 
of a Community  tariff quota  for  live fry and  Juveniles 
of sea bream  (Sparus aurata) and bass (Dicentrarchus  labrax) 
originating  in Ceuta 

(presented  by  the Commission) 

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EXPLANATORY  MEMORANDUM 

1. 

Article  3(2) of  Protocol  2  to  the Act  of  Accession  of  Spain  and 

Portugal  stipulates  that,  certain  fishery  products  originating  in 

Ceuta  and  Mel II la shall  qualify  for  exemption  from  customs  duties 

when  Imported  into  the Community.  This Article  goes  on  to  specify 

that  exemption  shall  be granted  within  the  limits of  Community  tariff 

quotas  calculated  by  product  and  on  the average  quantities  actually 

disposed  of  during  1982,  1983  and  1984  in that  part  of  Spain  which  is 

included  in the  customs  territory  of  the Community  or  exported  to  the 

Community  as at  present  constituted. 

2. 

On  3 February  1994 Spain's  Permanent  Representation  asked  the 

Commission  to open  a  tariff  quota  for  live  fry  and  juveniles of  sea 

bream  and  bass  (CN  code  ex  0301  99 90) originating  in Ceuta. 

The  Spanish  authorities  backed  their  request  with  social  and  economic 

arguments  on  Ceuta,  showing  the  constraints  under  Ceuta's  economy  is 

operating  and  the  difficulties  faced  by  the  local  fishing  industry. 

3. 

In the past  some  fishery  products  originating  in Ceuta  have  injoyed 

the benefit  of  tariff  quotas when  imported  into  the Community.  Later 

exports  to  the Community  fell  as a  result  of  a  reduction  in the 

volume  of  fishery  catches.  The  use of  these  quotas  then  became 

negligible  and  they  were  not  extended  after  1992. 

Live  fry  and  Juveniles of  sea  bream  and  bass  are  covered  by  Article  3 

of  Protocol  2, but  have  not  been  able  to enjoy  the  benefit  of  the 

quotas  in question  because  aquaculture  is a new  activity  in Ceuta. 

A 

.4. 

It seems  Justifiable  to open a tariff  quota  for products of CN code 

ex 0301  99 90 because  these products  replace,  in trade with  the 

Community, other  products covered  by Article 3 of  the Protocol. 

Also,  preferential  tariff  is treatment  granted  by  the Community  to 

products of  the same CN code from some non-member  countries.  This 

warrants  the adoption by  the Community  of similar  tariff measures for 

Ceuta. 

The  joint  declaration on Protocol  2 concerning  the Canary  Islands and 

Ceuta  and Mel il la argues  in favour of a degree of  flexibility  as to 

the eligibility of products  for  the tariff  quotas  in question.  In 

signing  this declaration, the Community  admitted  the possibility of 

the substitution of products covered  by Article  3 of  the Protocol. 

5. 

The adoption by  the Community  of  tariff  preferences  for  live fry and 

juveniles of  sea bream  and bass originating  in Ceuta entails the 

adjustment  of  the tariff  arrangements  introduced  by Article  3 of 

Protocol  2. 

This draft  Regulation  is therefore  intended  to adjust  the 

arrangements applying  to Ceuta on  the basis of Article 25 of  the Act 

of Accession  and at  the same  time to open a zero-duty  Community 

tariff  quota  for  live fry and  juveniles of sea bream  and bass.  To 

give aquaculture  time to take root  and develop  in Ceuta,  the measure 

covers the period  from  1 July  1994 to 31 December  2000. 

The quota year will  run from  1 July  to 30 June.  No unused  part of 

the quota may be carried over  to the next  quota  period. 

The annual  quota volume  is 3 mi 11 ion  individual  fish.  This volume 

has been calculated on  the basis of estimated  production of  these 

products, according  to  information  received  by  the Spanish 

author it ies. 

6. 

A Community  tariff quota should  therefore be opened  for  the period 

specified  in Article 2. 

Such  is the purpose of  the attached proposal. 

Council  Regulation  (EC) No  .../94 

opening  and providing  for the administration 

of a Community  tariff quota  for  live fry and  juveniles 

of sea bream  (Sparus aurata) and bass (Dicentrarchus  labrax) 

originating  in Ceuta 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard  to the Treaty establishing  the European  Community, 

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

particular  the final  subparagraph of Article  25(4), 

Having  regard  to Article 3, (3) of  the Act of Accession, of Protocol  2 

concerning  the Canary  Islands and Ceuta and Mel il la, 

Having  regard  to the proposal  from  the Commission,1 

Having  regard  to the opinion of  the European Parliament,2 

Whereas, by virtue of Article 3(2) of Protocol  2, certain  fishery  products 

originating  in Ceuta and Mel il la are eligible, as of  1 January  1993, for 

exemption  from customs duties  in the customs territory of  the Community; 

whereas  that exemption  is granted within  the  limit of  tariff quotas 

calculated  by product with  reference  to the average quantities actually 

disposed of during  1982, 1983 and  1984  in that part of Spain which  is 

included  in the customs territory of  the Community or exported  to the 

Community  as at present constituted; 

Whereas  the products originating  in Ceuta which  have enjoyed  the benefit of 

the tariff  arrangements set up by Protocol  2 are no  longer exported  to the 

Community  because of a decrease  in volume of  fish catches put on  to the 

market;  whereas  the tariff  quotas opened  for Ceuta were not  extended 

beyond  31.12.1992 on  this account; whereas  live fry and  juveniles of sea 

bream  and bass henceforth  replace  these products  in trade with  the 

Commun i t y ; 

Whereas Ceuta  in 1993 exported  to the Community  2.5  tonnes of  live fry and 

juveniles of  sea bream  and bass of CN code ex 0301  99 90; whereas  these 

products are covered  by Article  3 of  the Protocol  in question; whereas they 

are, however,  ineligible for  the above-mentioned  tariff  quotas because 

aquaculture was only  recently started  in Ceuta; 

Whereas Ceuta's  location as an enclave on  the African  continent  poses 

specific problems; whereas  the  lack of both agriculture  and  industry  leaves 

fishing  as Ceuta's  primary  industry;  whereas since  the crisis  is 

occurring  in that  sector, aquaculture  has the potential  to offer  Ceuta's 

economic operators  an alternative source of  income to sea  fishing; 

Whereas  the Community  accords some non-member  countries preferential  tariff 

treatment  in the form of exemption  from customs duties  for products of 

&CN code 0301  99 90; whereas steps should  be taken  to ensure  that  the 

tariff  treatment  of  such products originating  in Ceuta  and  imported  into 

the Community  is comparable  to that  accorded  to certain  non-member 

countries; whereas  the tariff  arrangements  applied  to Ceuta need  to be 

adjusted  accordingly; 

Whereas  the  Joint  declaration on Protocol  2  is  intended  to permit  the 

substitution of products covered  by Article  3 of  the Protocol  In question; 

Whereas  the Kingdom of Spain has asked  that  the Commission  open a zero-duty 

Community  tariff  quota  for  live fry and  Juveniles of  sea bream  and  bass 

originat ing  in Ceuta; 

Whereas a zero-duty  Community  tariff quota should  therefore be opened  for 

live fry and  juveniles of sea bream  and bass originating  in Ceuta  and the 

annual  quota  volume  fixed on  the basis of annual  production  at  3 million 

individual  fish; whereas  the quota year must  run  from  1 July  to 30 June 

for  the  lifetime of  this Regulation; whereas application  of  the tariff 

quota  is subject  to compliance  with  the rules  laid down  for  the  common 

organization  of  the markets; 

Whereas  it  is, in particular, necessary  to guarantee  all  Community 

importers equal  and continuous access  to the quota  and  ensure  the 

uninterrupted  application  of  the  rate  laid down  for  the quota  to all 

imports of  the products  in question  into all  Member  States until  the quota 

is exhausted; 

Whereas  it  is for  the Community,  in compliance with  its  international 
obligations, to decide to open  tariff  quotas-, whereas  there  is, however, no 
reason why  the Member  States should  not  be authorized,  in the  interests of 

the efficient  administration of  the quota, to draw  from  the quota  volumes 

the quantities  needed  to cover  actual  imports; whereas  this method  of 

administration calls  for  close cooperation  between  the Member  States  and 

the Commission, which must  in particular  be able  to monitor  the rate at 

which  the quota  is used  up and  inform  the Member  States  accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

This Regulation  shall  apply without  prejudice  to the arrangements  provided 

for by Protocol  N*  2 to the Act of Accession  and  its detailed  rules of 

application to the products not  covered  by  this Regulation. 

Article  2 

From  1 July  to 30 June of every  year, and  from  30 June until 

31 December  2000,  the customs duties applicable on  importation  into the 

Community  of  live fry and  Juveniles of  sea  bream  and  bass originating  in 

Ceuta  shall  be suspended  at  the  level  and within  the  limit of  the Community 

tariff  quota  shown  below: 

Order No 

CN  code 

Taric 
subdivision 

Description 

Amount  of 
quota 
(individual 
fish) 

Quota  duty 

(in X) 

09.0321 

ex 0301  99 90 

Live  fry and  juveniles of 
sea bream  (Sparus  aurata) 
and  bass  (Dicentrarchus  labrax) 

3 000 000 

Free 

1 July  to 30 June 

•T 

The quota volume  for  the period  30 June-31  December  2000 shall  be allocated 

on a  pro 

rata  basis. 

Article 3 

The product's originating  status shall  be proven  in accordance with 

Article 6 of Council  Regulation  (EEC) No 1135/88 of 7 March  1988.1 

Article 4 

The tariff  quota  referred  to  in Article  1 shall  be administered  by the 

Commission, which may  take all  appropriate measures  to ensure efficient 

administration thereof. 

Article 5 

Where an  importer  declares  in a Member  State a product  covered  by  this 

Regulation  for release  for  free circulation  and applies to take advantage 

of  the preferential  arrangements, and  that declaration  is accepted  by the 

customs authorities, the Member  State concerned  shall, by notifying  the 

Commission, draw an amount corresponding  to  its requirements from the quota 

volume. 

Requests for drawings, indicating  the date of acceptance of  the said 

declarations, must be sent  to the Commission without  delay. 

The drawings shall  be granted by the Commission by reference  to the date of 

acceptance of  the declaration  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 

to the corresponding quota volume as soon as possible. 

If the quantities requested  are greater  than the available balance of the 

quota volume, the balance shall  be allocated on a  pro 

rata  basis.  The 

Commission  shall  inform the Member  States of  the drawings made. 

1  OJ No 2 L 114, 2 May  1988, p.1. 

Article  6 

Each Member  State shall  ensure  that  importers of  the products  in question 

have equal  and  continuous  access  to the quotas  for  as  long  as  the  balance 

of  the  relevant  quota  volume  so permits. 

Art icle 7 

The Member  States and  the Commission  shall  cooperate  closely  to ensure  that 

this Regulation  is complied  with. 

Article  8 

This Regulation  shall  enter  into force on  the  third  day  following  that of 

its publication  in the Official  Journal  of  the European  Communities. 

It shall  apply  from  1 July 1994. 

This Regulation  shall  be binding  in  its entirety  and  directly 

applicable  in all  Member  States. 

Done at Brussels,  ... 

For  the CounciI 

The  President 

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FINANCIAL  STATEMENT 

Budget  heading  involved: Chapter  12, Article  120 

Legal  basis: Article  25 of  the Act of Accession of  Spain and 

Portugal, and Protocol  2 to that Act. 

Title of  tariff measure:  Draft  Council  Regulation  (EC) opening and 

providing  for  the administration of a Community  tariff  quota  for  live 

fry and  Juveniles of sea bream and bass originating  in Ceuta. 

Aim: Contractual  obligation of  the Community  (Act of  Accession) 

Method of calculation: 

CN code: 

ex 0301 99 90 

Volume of quota: 

3 000 000  (individual  fish) 

Duty  to be applied: 

CCT duty: 

OX 

16% 

Average unit  price: Sea bream 

ECU 0.6/individual  fish 

Bass 

ECU 0.4/individual  fish 

(100 000  individual  fish  to the 

tonne) 

0.6 X 1 500 000 - 900 000 

0.4 X 1 500 000 - 600 000 

TOTAL 

ECU  1 500 000 x 16% - ECU 240 000 

Loss of  revenue 

The  loss of  revenue  for each quota period  amounts  to ECU 240 000.  At 

constant  prices, the total  loss of  revenue  for  the quota  periods  laid 

down  in this Regulation  is ECU  1 560 000. 

t 

ISSN 0254-1475 

COM (94) 194 final 

DOCUMENTS 

EN 

03 02 

Catalogue number : CB-CO-94-209-EN-C 

ISBN 92-77-68809-2 

Office for Official  Publications of the European Communities 

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