Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1995)
Date: 1995-04-12
Institutions: European Commission
Subjects: customs duties, customs regulations, fishery product, free circulation, product quality, tariff quota

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.04.1995 

COM(95) 91 final 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (1995) 

(presented  by  the  Commission) 

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  1995. 

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 provisionally 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  1995 for a period extending 
to 30 June  1995 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 ŒO No 

/QS 

of 

opening and providingfor the administration of autonomous 
Community tariff quotas for certain fishery products (1995) 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European 
Community,  and  in  particuluar  Article  28,  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

interest 

the  Community's 

Whereas  Community  supplies  of  certain  species of  fish  or 
fish  fillets  currently  depend  on  imports  from  third  coun 
tries ;  whereas  it  is  in 
to 
suspend  in  part  or  in  whole  the  customs  duties  for  the 
products  in  question,  within  Community  tariff  quotas  of 
an  appropriate  volume ; whereas,  in  order  not  to  jeopar 
dize  the  development  prospects  of  this  production  in  thé 
Community  and  to  ensure  an  adequate  supply  to  satisfy 
user  industries, it  is advisable  to  open  those  quotas  for  the 
period  from  the  date of  entry  into  force  of  this  Regulation 
to 
,  applying  customs  duties  varied 
accordingly  to  sensitivity  of  the  different  products  on  the 
Community  market; 

30 June 1995 

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; 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

From the entry into force of this Regulation 

1 
to 30 June  1995, the customs duties applicable on 

importation  to  products  listed  in  the  Annex  shall  be 
suspended  at  the  levels  and  within  the  limits  of  the 
Community  tariff  quota  indicated  for  each  product 

2. 
Imports  of  the  products  in  question  shall  not  be 
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  22  of  Regula 
tion  (EEC)  No  3759/92  of  17  December  1972  on  the 
common  organization  of  the  market  in  fishery  and  aqua-
culture products^1), as last amended by Council 
Regulation (EC) Nr.  3318/94(2), 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. 

Article  2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  managed 
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  an  entry  for 
release  for  free  circulation,  including  a  request  for  pref 
erential  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. 

The  drawing  requests,  with  indication  of  the  date  of 
acceptance  of  the  said  entries,  msut  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 

(')  OJ  No  L  388,  31.  12.  1992,  p.  I. 

(2)  OJ No L 350,31.12.94, p. 15 

If  the  quantitites  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. 

to  the  quotas  for  such  time  as  the  residual  balance  of  the 
quota  volumes  so  permits. 

Article  } 

~ 

-

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

Article  4 

Article  6 

Each  Member  State  shall  ensure  that  importers  of  the 
products  concerned  have  equal  and  uninterrupted  access 

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

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

Done at Brussels 

For  the  Council 

The  President 

J> 

ANNEX 

Series 
Number 

09.2753 

CNcode 

Description of goods 

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

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

09.2765 

0305 62 00 
0305 69 10 

Cod {Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish of the species 
Boreogadus saida, salted or in brine, but not dried or smoked 

09.2773 

ex0306  13 10 
ex 0306 23 10 

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

09.2758 

ex 0302 70 00 

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

09.2779 

ex 0304 90 05 

Surimi, frozen, for processing (aXb) 

09.2780 

ex 0304 10 38 
ex 0304 20 91 

Blue grenadier fillets {Macrouronus novaezelandiae), fresh, chilled or frozen for 
processing (a)(b) 

Amount of 
quota 
(in  tons) 

Quota duty 
(%) 

13 200 

6 

2 475 

1980 

100 

990 

330 

6 

6 

0 

6 

6 

(a)  Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 
(b)  The quotas shall apply to products intended to undergo any operation unless they are intended to undergo exclusively one or more of the 

following operations: 

cleaning, gutting tailing, heading, 
cutting (excluding filleting  or cutting of frozen blocks), 
sampling, sorting, 
labelling, 
packing; 
chilling, 
freezing, 
deepfreezing 
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 operations) is (are) carried out at retail or catering level.  The reduction of customs duties shall apply only to fish intended 
for human consumption. 

TARIC codes 

Series No 

CN Code 

09.2753 

" 

ex 0302 5010 

ex 0302 50 90 
ex 0302 50 90 
ex 0302 69 35 
ex 0303 60 11 
ex0303 60 19 
ex 0303 60 90 
ex 0303 79 41 
ex 0302 70 00 
ex0306 13 10 
ex 0306 23 10 
ex 0306 23 10 
ex 0304 90 05 
ex 0304 20 91 
ex 0304 10 38 

09.2758 
09.2773 

09.2779 
09.2780 

I 

" 

_ 

TARIC code 

*ïï 
*19 
*11 
*91 
*10 
*10 
*10 
*10 
_10 
_20 
*10 
*11 
»91 
__0_ 
*10 
*50 

r 

FINANCIAL RECORD 

1. 

Budget line concerned :Chap.  12 Art.  120 

Legal basis : Art. 28 of the Treaty 

Title of the tariff measure concerned : Proposal for Council Regulation opening and providing for the 
administration of Community tariff quotas, for certain fishery products ( 1995) 

4. 

Objective  : To ensure an adequate supply for Community user industries 

5. 

Motod of calculation: 

Order 
number 

09.2753 
09.2765 
09.2773 
09.2758 
09.2779 
09.2780 

CN rate of 
duty 
(%) 

13,03 
13 
12 
10 
15 
13,5 

Rate of 
duty 
(%) 
6 
6 
6 
0 
6 
6 

Estimated 
price 
ECU/T 

1270 
3 048 
3 099 
1588 
1829 
2 074 

Volume of 
quota 
(ECU/T) 
13 200 
2 475 
1980 
100 
990 
333 

Loss of revenue 
(ECU) 

1  178 509 
528 066 
368 161 
15 880 
162 964 
51798 

On the basis of the available Community statistics for  1993, the cost of this tariff-measure  available for  1993 is estimated 
at 2 305 378 ECU. 

Total loss: 

2 305 378 

«r 

ISSN 0254-1475 

COM(95) 91  final 

DOCUMENTS 

EN 

03 

Catalogue number  :  CB-CO-95-104-EN-C 

ISBN 92-77-86884-8 

Office for Official  Publications of the European Communities 

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