Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in Norway
Date: 1994-12-19
Institutions: European Commission
Subjects: Norway, agricultural product, customs duties, customs regulations, fishery product, tariff quota

COMMISSION OF  THE EUROPEAN  COMMUNITIES 

COM(94) 648 final 
Brussels,  19.12.1994 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

opening and providing for the administration of Community tariff quotas for 
certain agricultural and fishery products originating in Norway 

(presented  by the Commission) 

1. 

2. 

3. 

4. 

5. 

6. 

EXPLANATORY MEMORANDUM 

In  1986 the EEC concluded agreement with Norway.  This was approved by 
Council Decision N° 86/557/EEC of  15 September  1986.l. 

Then on 2 May  1992 the Agreement  setting up the European Economic Area 
was signed in Porto, linking the European Economic Community, the European 
Coal and Steel Community and their Member States with the countries of the 
European Free Trade Area (EFTA). Bilateral agreements on the arrangements for 
various agricultural products were concluded at the same time. 

Under the  1986 agreement,  as amended or supplemented by the EEA Agreement, 
and the bilateral agreement signed along with the EEA Agreement,  the Community 
has undertaken to open annual reduced or zero-duty tariff quotas for certain 
agricultural  and fishery products originating in Norway.  The quotas are to be 
opened for  1995, either for the calendar year or for the period shown in Annex I to 
the proposal. 

The purpose of the annexed proposal is to implement this tariff quota for an 
indefinite  period.  Accordingly and for reasons of efficiency  and simplifying  the 
implementation of the measures concerned  it seems desirable that the regulation 
should be pluriannual. 

Furthermore, as the adaptations arising from the combined nomenclature of the 
TARIC and those concerning quotas volumes and quota rates laid down in 
Council  or Commission decisions involve no change of substance, it is proposed 
that the Council should empower the Commissipn to implement theses measures 
by adopting regulations following  receipt of an opinion from the Customs Code 
Committee. 

An in the case of other Community tariff quotas, the proposal  does not provide for 
the allocation among the Member States of the quota volumes but enables the 
Member States to draw from the quota volumes the quantities required to cover 
the actual imports recorded. 

^ J N0!.  328, 22.11.1986, 

2> 

Proposal for a 
COUNCIL REGULATION (EC) 
of 
opening and providing for the administration of Community tariff quotas for 
certain agricultural and fishery products originating in Norway 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Whereas the Community has concluded Agreement in 
the form of exchanges of letters in particular with 
Norway and approved by Decision 86/557/EEC2; 

Whereas the above Agreement has been amended or 
supplemented by the Agreement on the European 
Economic Area, and by the bilateral Agreement in the 
form of exchanges of letters with Norway and approved 
by Decision 93/737/EC3; 

Whereas under the above Agreement the Community 
has undertaken, subject to certain conditions, to open 
Community tariff quotas each year at a reduced or zero 
raje of duty for a number of agriculture and  fishery 
products originating in this country, whereas the tariff 
quotas should accordingly be opened, specifying  where 
necessary any conditions of eligibility laid down; 

Whereas, for reasons of simplification,  provision 
should be made to empower the Commission to give 
effect,  following receipt of the opinion of the Customs 
Code Committee, to necessary amendments and 
technical adaptations of this regulation arising  from 
amendments of the combined nomenclature and TARIC 
codes and to adaptations of volume, periods and quota 
rates arising from decisions by the Council or by the 
Commission; 

Whereas the tariff quota provided in the agreement in 
question relates an indefinite period and accordingly, 
for reasons of efficiency  and simplifying  the 
implementation of the measures concerned, it appears 
suitable to provide that the application of this 
regulation should be placed on a pluriannual  footing; 

Whereas all Community importers should be ensured 
equal and continuous access to the said quota and the 
duty rate laid down for the quota should be applied 
consistently to all imports of the product in question 
into all Member States until the quota is exhausted, 
during the whole period of validity of the EEC-Norway 
Agreement. 

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 
efficiency  of a common administration 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 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; 

HAS ADOPTED THIS REGULATION. 

Article I 

1. From  1  January to 31 December of each year or for 
the periods shown in Annex I, the customs duties 
applicable to the products referred to in this Regulation 
shall be suspended or reduced to the levels indicated 
for each product, within the limit of the Community 
tariff quota shown for each product. 

2. Imports of products referred  to in the Annex under 
Orders Nos 09.0703 and 09.0711 shall not qualify  for 
the tariff quotas unless the free-at-frontier  price 
established by the Member States in accordance with 
Article 22 of Council Regulation (EEC) N* 3759/92 of 
17 December  1992 on the common organization of the 
market in fishery and aquaculture products4 is at least 
equal to any reference price which has been fixed by 
the Community for the products or categories of 
products in question. For the calculation of the 
reference price, the following coefficients  shall be 
applicalbe: 

"* 

- whole herring: 1, 
- flaps of herring: 2,32, 
- pieces of herring:  1,96. 

3. The Protocol on the definition  of the concept of 
originating products and on methods of administrative 
cooperation annexed to the agreement between the 
European Community and the Kingdom of Norway 
shall apply. 

2  O J N °L  328,  22.11.1986 
3  O J N °L  346,  31.12.1993 
4  OJ N° L 388, 31.12.1992, p.  1. Regulation as last amended 

by Regulation (EEC) N°  1891/93 (OJ N° L  172 , 15.7.1993, p. 1). 

y 

Article 

2 

Article  5 

T he  tariff  quotas  referred  to  in  Article  1 shall  be  adminis 
tered  by  the  Commission,  which  may  take  any  appro 
priate  administrative  measures  in  order  to  ensure  efficient 
administration. 

The  provisions  necessary  for  the  application  of  tills 

1. 
Regulation,  in  particular  : 

(a)  the  a m e n d m e n ts  and  technical  adaptations,  insofar  as 
necessary,  arising  from  amendments  of  the  combined 
nomenclature  and  T.inc  codes,  and 

Article 

3 

If  an  importer  presents  in  a  Member  State  a  declaration  of 
entry  into  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 
quota  volume  by  means  of  notification 
to  the  Commis 
sion,  a  quantity  corresponding 

to  those  needs. 

(b) The necessary adaptations of volume, periods 
and quota duty arising from decisions adopted by 
the Council or the Commission 

shall  be  adopted 
down 

in  Article  6  (2). 

in  accordance  with  the  procedure 

laid 

Article  6 

T he  requests  for  drawing,  with  the  indication  of  the  date 
of  acceptance  of  the  said  declarations,  must  be  c o m m u n i 
cated  to  the  Commission  without  delay. 

1. 
The  Commission  shall  be  assisted  by  the  Customs 
Code  Committee  set  up  by  Article  247  of  Regulation 
(EEC)  No  2913/92  0 

T he  drawings  are  granted  by  the  Commission  on  the  basis 
of  the  date  of  acceptance  of  the  declaration  of  entry  into 
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  t h em  as  soon  as  possible  to  the  corresponding 
quota  volume. 

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

thereof  by  the  Commission. 

Article  4 

Each  Member  State  shal'  guarantee 
the 
products  in  question  equal  and  continuous  access  to  the 
quotas  as  long  as  the  balance  of  the  corresponding  quota 
volume  allows. 

importers  of 

CP  OJ N°  L302,  19.10.1992 

2. 
The  representative  of  the  Commission  shall  submit 
to  the  committee  a  draft  of  the  measures  to  be  taken.  The 
committee  shall  deliver  its  opinion  on  the  draft  within  a 
time  limit  which  the  chairman  may  lay  down  according 
to  the  urgency  of  the  matter.  The  opinion  shall  be  deli 
vered  by  the  majority  laid  down  in  Article  !s£  (2)  of  the 
the  Council 
Treaty 
is 
required 
the  Commission. 
T he  votes  of 
the  representatives  of  the  Member  States 
within  the  committee  shall  be  weighted  in  the  manner  set 
out  in  that  Article.  The  chairman  shall  not  vote. 

the  case  of  decisions  which 

to  adopt  on  a  proposal  from 

in 

T he  Commission  shall  adopt  the  measures,  which  apply 
immediately.  However, 
in 
accordance  with  the  opinion  of  the  committee,  they  shall 
be  communicated  by  the  Commission 
to  the  Council 
forthwith.  In  that  event  : 

these  measures  are  not 

if 

— 

the  Commission 
the 
measures  which  it  has  decided  for  three  months  from 
the  date  of  such  communicaffon  ; 

shall  defer 

application 

of 

—  the  Council,  acting  by  qualified  majority,  may  take  3 
different  decision  within  the  period  referred  to  in  the 
previous  paragraph 

3. 
The  Committee  may  examine  any  question  concer 
ning  the  application  of  this  Regulation  which  is  raised  by 
its  chairman  either  on  his  own  initiative  or  at  the  request 
of  a  Member  State 

5" 

Article  7 

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

Article  8 

This Regulation shall enter into force on the 
day following its publication in the Official 
Journal of the European Communities. 

It shall apply from 1 January 1995 for the 
whole period gf validity of the Agreement.. 

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

Done  at  Brussels, 

For  the  Council 

The  President 

6 

ANNEX  I 

Order 
No 

09.0701 

CN  code 

Description 

Amount  of 
quotas 
(tonnes) 

Quota 

duty 
(%) 

ex  1504 20 10 
ex  1 504 30 1 9 
^ex. 1516 10 90 

Oils  and  fats  of  marine  animals,  other  than  whale  oil  and 
sperm  oil,  in  packings  of  a  net  capacity  of  more  than  1  kg 

000 

8,5 

0305 

Fish,  dried,  salted,  or  in  brine  ;  smoked  fish,  whether  or 

not  cooked  before  or  during 

the  s m o k i ng  process  ;  fish 

meal  fit  for  h u m an  c o n s u m p t i on  : 

-  Dried  fish,  whether  or  not  salted  but  not  smoked  : 

0305 SI 

- 

-  Cod  (Gadus 
phalus)  : 

ttjorhua. 

(,\i>/m  ogac.  Gadus 

tnacroa-

090703 

ex 0305 51 90 

- 

- 

-  Dried,  salted  : 

— Hxcludmg  cod  ot  the  species  Gadus  macroct-

phalus 

0305 59 

- 

-  O t h er  : 

> 

13  250 

—  -  — Fish  of 

the  species  Bonugadus 

saidel  : 

0305 59 19 

—  —  -  — Dried,  salted  : 

from  1  April 

to  31  December 

Prepared  or  preserved 
substitutes  prepared 

from 

fish  eggs  : 

fish, 

including  caviar  and  caviar 

ex  1604 1 3 90 

- 

- 

-  O t h er  : 

—  —  —  —  Sardinella  ;  brisling  or  sprats  excluding 

raw 
fillets  merely  coated  with  batter  or  bread 
crumbs,  whether  or  not  prefned 
in  oil,  deep-
frozen 

O t h er  : 

1604 19 92 

_ _ _ __  Cod  (Gadui  wurhita.  Gadus  ogac,  Gadus 

macrocepbalus) 

400 

s;s 

09.0711 

ex  1604 19 93 

-

-

-

-- 

Coalfish 

(Pollachius 

nrens), 

excluding 

s m o k ed  coalfish 

1604 19 94 

—  —  —  —  — Hak;-  (Merluccins 

spp.,  Uropbycis 

spp.) 

1604 19 95 

—  —  —  —  — Alaska  pollack  (Thenigra 

chalcogramma) 

and  pollack  (Pollachins 

pollachins) 

1604 19 98 

O t h er 

ex  1604 20 90 

Fish 

j t h er 

than  herring  and  smoked  saithe  : 

-  Other 

than  mackerel 

— Mackerel  (scomber 

austniLiucus) 

090751 

ex 0704 10 10 

Cauliflowers, 
October 

fresh  or  chilled, 

from 

1  August 

to  31 

2 000 

09.07.S3 

ex  0704  90  90 

Broccoli,  fresh  or  chilled,  from  1 July  to  31  October 

09.07 s S 

ex  0704  90  90 

China  cabbages,  fresh  or  chilled, 
February 

from  1  July 

to  end 

09.0757 

09.0759 

08092051 
08092059 
08092061 
08092069 
ex 08092071 
ex 08092079 

ex 08094030 
ex 08094040 
ex 08094090 

Cherries,  fresh,  from  16  July  to  31  August 

,  Plums,  fresh,  from  1  September 

to  I S  October 

09.0761 

ex  0810  10  10 

Strawberries,  fresh,  from  15 

|uly 

to  31  July 

09.0762 

ex  0810  10  90 

Strawberries,  fresh,  from  1  August  to  1  5  September 

I  000 

^000 

600 

600 

75() 

750 

40 
0 

ANNEX 

I  I 

TARIC  COOES 

Order  No 

CN  codes 

Taric  codes 

09.0701 

ex  1504 20  10 
ex  1504 30  19 
ex  1516  10 90 

09.0703 

ex  0305  51 90 

1504 20  10-90 
1504 30  19'90 
1516  10  9 0 'H 

0305 51 90*10 
'20 

ex  1604  13  90 

1604  13  90 * 91 

09.0711 

ex  1604  19 93 
ex  1604 20 90 

•99 

1604  19 93-90 
1604 20 90-30 
•40 
•90 

09.0751 

ex  0704  10 10 

0704  10  10-30 

09.0753 

ex  0704 90 90 

0704 90  90'13 

09.0755 

ex  0704 90 90 

09.0757 

ex 08092071 
ex 08092079 

09.0759 

ex 08094030 

ex 08094040 
ex 08094090 

09.0761 

ex  0809  10 10 

09.0762 

ex  0810  10  90 

0704 90  90-92 
'94 
•97 

08092071*10 
08092079*11 
08092079*19 

08094030*51 
52 
53 
54 
55 
56 

08094040*20 
08094090*50 

0810  10  10*60 
'80 

0810  10 90*12 
'14 

FINANCIAL STATEMENT 

1. 

Budget heading involved  : Chapter  12 Article 120 

2. 

3. 

4. 

5. 

Legal basis : Art.  113 of the Treaty 

Title of tariff measure : Proposal for a Council regulation opening and providing 
for the administration of Community tariff quotas for certain agricultural and 
fishery  products originating in Norway. 

Aim : to comly with the Community's commitments 

Method of calculation : 

Description 

Quantity 

Price 
ECU/unit 

Normal duty 
0/ 

Quota duty 

Cauliflowers 

Broccoli 

2 000T 

1000T 

China cabbages 

3 000T 

600 T 

600 T 

750 T 

750 T 

1000T 

Fresh cherries 

Fresh plums 

Fresh strawberries 

Fresh strawberries 

Oils and fats of 
marine animals 

Cod and fish of the 
species Boreogadus 
saida 

Sardines, sardinella 

1201 
ECU/T 
1201 
ECU/T 
782 
ECU/T 
859 
ECU/T 
617 
ECU/T 
1950 
ECU/T 
1858 
ECU/T 
594 
ECU/T 

17% 

17% 

15% 

15% 

Ave. duty 
11,5% 
16% 

14% 

17% 

13% 

13 250 T 

5 074 
ECU/T 

400 T 

4 224 
ECU/T 

20% 

Average annual loss of 10.865.618 ECU. 

Lost of 
revenue 
ECU 

408.340 

204.170 

351.900 

77.310 

42.573 

234.000 

204.750 

0 

0 

0 

0 

0 

0 

C 

8,5 

50.490 

0 

8.739.965 

168.960 

10.865.618 

_ 

ISSN 0254-1475 

COM(94) 648 final 

DOCUMENTS 

EN 

11  03 02 

Catalogue number : CB-CO-94-676-EN-C 

ISBN 92-77-83997-X 

Office for Official Publications of the European Communities 

Lr2985 Luxembourg