Proposal for COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (second series 1996)
Date: 1996-07-23
Institutions: European Commission
Subjects: fishery product, free circulation, sea fish, supply, tariff quota

COMMISSION OF THE  EUROPEAN  COMMUNITIES 

Brussels,  23.07.1996 
COM(96) 379  final 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

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

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

During  the  annual  global  review  by  the  Council  of  autonomous  preferential  arrangements  for 
fishery  products, the Commission services conducted a study of the markets and supply  needs for 
user  industries  in  1996.  Subsequently  the  Council  adopted  Regulation  (EC)  N°  789/96  opening 
and  providing  for  the administration  of autonomous  Community tariff  quotas  for  certain  fishery 
products (1996) 

Following  the  receipt  of  a  request  from  a  Member  State,  the  Commission  services  considered 
whether  it would be opportune to open an autonomous  Community tariff  quota  for  herrings,  for 
the remainder of  1996. 

The Community and Norway have concluded  an agreement for  1996 with a view to dealing with 
the  biological  crisis  for  herring  in  the  North  Sea.  This  agreement  provides  for  a  50%  which 
heavily  cuts  back  the  reduction  in  catches  of  this  fish,  provides  for  normal  supply  source  of 
herrings from this sea area for processing and consumption. 

Taking  account  of  this  requirement  of  the  Community's  internal  and  external  policies,  the 
Commission proposes that an autonomous tariff  quota should be opened,  for the rest of the year, 
for 40 000 tonnes of whole herring  fresh  or chilled. Whist respecting the roles and obligations of 
the common organisation of the markets this measure should ensure that the processing industries 
receive  a  supply  in  conditions  which  reflect  the  international  market  situation,  current  and 
forecastable. 

This is the purpose of the attached proposal. 

L 

Proposal  for 

COUNCIL REGULATION (EC) No 

opening and providing for the administration of autonomous 
Community tariff quotas for certain fishery products (second scries  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  of  whole  herrings  whole  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 rest of  1996 ; 

Whereas, by Regulation (EC) N° 789/96l, the Council opened autonomous tariff quotas  for 
certain fishery products for  1996; 

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 J 

1. 

2. 

From the date of entry into force of this regulation 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  products2,  as  last 
amended  by  Council  Regulation  (EC)  No  3318/943,  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  OJN0LIO8,  1.5.1996, p. 8. 
2  OJNoL388, 31.12.1992, p. 1. 
3  OJNoL350, 31.12.94, p. 15. 

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 the 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 hot 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 7th day following that of its publication in the 
Official  Journal of the European Communities. 

Article 6 

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

Done at Brussels 

For the Council 
The President 

<* 

Series 
Number 

CN code 

TARIC 
Sub 
division 

ANNEX 

Description of goods 

09.2788 

ex 0302 40.98 
ex 0303 50 98 

10 
10 

Herrings (Clupea harengus, Clupea  pallasii),excluding 
livers and roes, fresh  or chilled  for  industrial 
manufacture  (aXb) 

Amount of 
quota 
(in  tons) 

Quota 
duty 
(%) 

40 000 

0 

(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 

1. 

2. 

3. 

4. 

5. 

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 

Objective  : To ensure an adequate supply for Community user industries 

Method of calculation: 

Order 
number 

09.2788 

CN rate of 
duty 
(%) 
15 

Rate of 
duty 
(%) 
0 

Estimated 
price 
ECU/T 
275 

Volume of 
quota 
(ECU/T) 
40 000 

Foreseen 
revenue 

Loss of revenue 
(ECU) 

0 

1.165.000 

Total foreseen revenue: 0 

Total loss: 1 650.000 ECU 

On the basis of the available Community statistics for  1995, the cost of this tariff-
measure is estimated at  1  650 000 ECU. 

6. 

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

ISSN 0254-1475 

COM(96) 379  final 

DOCUMENTS 

EN 

02  03 

Catalogue number  : CB-CO-96-379-EN-C 

ISBN 92-78-07336-9 

Office for Official Publications of the European Communities 

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