Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1996)
Date: 1996-03-25
Institutions: European Commission
Subjects: EU market, fishery product, fishing industry, quantitative restriction, tariff quota

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Vy  * 

,V 

•it' 
-k 

•& 
"A 

Brussels,  25.03.1996 
COM(%)  119  final 

Proposal  tor  a 

COUNCIL  REGULATION  (EC) 

opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (1996) 

(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  1996. 

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  arc 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 
1996 for  a period  extending to  31 December  1996 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 

/96 

of 

opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (1996) 

THE COUNCIL OF THE EUROPEAN UNION 

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

Having regard to the proposal from the Commission, 

Whereas Community supplies of certain species offish  or fish fillets currently depend on imports 
from third countries; whereas it is in the Community's interest 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 jeopardize the development prospects of this production in the 
Community and to ensure an adequate supply to satisfy user industries, it is advisable to open 
those quotas for the period from  1  April  1996 until 31 December  1996, 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 application 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; 

Whereas the decision for the opening of autonomous 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 authorising 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 

1. 

2. 

From  1  April  1996 until 31 December  1996, 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. 

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 Regulation (EEC) No 3759/92 of 17 December  1972 on 
the common organisation of the market in fishery and aquaculture products1, as last 
amended by Council Regulation (EC) No 3318/942, 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. 

1  OJNoL 388, 31.12.1992, p. 1. 

2  OJNoL350, 31.12.94, p. 15. 

3» 

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  administration thereof. 

Article 2 

Article 3 

If  an importer presents in a Member State an entry for release for free circulation, including a 
request for preferential 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 request, with indication of the date of acceptance of the said entries, must be 
transmitted to the Commission without delay. 

The drawings are granted by the Commission 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. 

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

Articles 5 

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

Article 6 

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

Done at Brussels 

For the Council 
The President 

Scries 
Number 

CN code 

TARIC 
Sub 
division 

09.2753 

ex 0302 50 10 
ex0302 50 90 

ex 0302 69 35 
ex 0303 60 11 
ex 0303 60 19 
ex 0303 60 90 
ex 0303 79 41 
0305 62 00 
0305 69 10 

09.2765 

09.2773 

ex 0306  13 10 
ex 0306 23 10 

09.2758 

ex 0302 70 00 

20 
11 
91 
10 
10 
10 
10 
10 

10 
11 
91 
20 

09.2779 

ex 0304 90 05 

10 

ANNEX 

Description of goods 

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

Cod (Gadus morhua,  Gadus ogac, Gadus macrocephalus), 
and fish of the species Boreogadus saida, salted or in 
brine, but not dried or smoked 
Shrimps and prawns of the species Pandalus borealis, in 
shell, fresh,  chilled or frozen,  for processing (a)(b) 

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

09.2780 

ex 0304 20 91 
ex 0304 90 97 

09.2757 

ex 0302 62 00 
ex 0303 72 00 

09.2785 

ex 0307 49 59 

09.2786 

ex 0307 99 11 
ex 0307 49 59 

09.2787 

ex 0307 99 11 
ex 0302 22 00 
ex 0303 32 00 

10 
60 

10 
10 

10 

10 
20 

20 
20 
20 

Blue grenadier fillets (Macrouronus novaezelandiae), and 
other frozen meat of blue grenadier for processing (a)(b) 

Haddock  (Melanogrammus  aeglefinus)  fresh,  chilled  or 
frozen  for processing (a)(b) 

Tubes  of  squid  (Omnastrephes  spp.-Nototodarus  spp., 
Sepioteuthis spp.),  and  lllex  spp., frozen ,  for  processing 
(a)(b) 
Squid  (Omnastrephes spp.-Nototodarus spp.,  Sepioteuthis 
spp.)  and  lllex  spp., frozen whole,  tentacles  and  fins,  for 
processing (aXb) 
Plaice (Pleuronectes platessa),  fresh,  chilled  or frozen,  for 
processing (a)(b) 

Amount of 
quota 
(in tons) 

Quota 
duty 
(%) 

50 000 

3 

9 000 

6 000 

400 

3 500 

2 500 

500 

3 500 

500 

3 000 

3 

0 

0 

6 

6 

3 

4 

4 

3 

(a)  Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 
(b)  This  quota is available for products intended to undergo any operation, unless it is solely for 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, 
deep  freezing 
thawing, separation. 

However the quota is not available for products intended, in addition to undergo treatment (or operations) 
which giver quota entirlement, where such treatment (or operations) is (are) carried out at retail or catering 
level.  The reduction of customs duties shall apply only to fish intended for human consumption. 

FINANCIAL RECORD 

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 
(1996) 

4. 

Objective  : To ensure an adequate supply for Community user industries 

5. 

Method of calculation: 

Order 
number 

09.2753 
09.2757 
09.2758 
09.2765 
09.2773 
09.2779 
09.2780 
09.2785 
09.2786 
09.2787 

CN rate of 
duty 
(%) 
12 
10.5 
12 
13 
12 
15 
14,25 
8 
8 
10.5 

Rate of 
duty 
(%) 
3 
3 
0 
3 
0 
6 
6 
4 
4 
3 

Estimated 
price 
ECU/T 
1270 
1310 
1588 
3 048 
3 099 
1829 
2 074 
1475 
1475 
1480 

Volume of 
quota 
(ECU/T) 

50 000 
500 
400 
9 000 
6 000 
3 500 
2 500 
3 500 
500 
3 000 

Foreseen 
revenue 

Loss of revenue 
(ECU) 

1 905 000 
19 650 

822 960 

392 490 
311 100 

5 715 000 
49 125 
76 224 
2 743 200 
2 231280 
576 135 
427 763 
206 500 
29 500 
333 000 

Total foreseen revenue: 3 820 400 

Total loss: 12 387 727 

On the basis of the available Community statistics for  1994, the cost of this tariff-
measure available for  1993 is estimated at  12 387 727 ECU. 

Fight against fraud: Provisions on the management of these tariff quotas include the 
measures necessary for preventing frauds  and irregularities and protecting against them. 

6 

ISSN 0254-1475 

COM(96) 119 final 

DOCUMENTS 

EN 

02  03 

Catalogue number  : CB-CO-96-129-EN-C 

ISBN 92-78-01809-0 

Office  for  Offici&l  Publications  of the European Communities 

L-2985  Luxembourg 

?