Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products
Date: 1997-02-07
Institutions: European Commission
Subjects: fishery product, suspension of customs duties, tariff quota, third country

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  07.02.1997 
COM(97)  38  final 

Proposal  for  a 

COUNCIL REGULATION (EC) 

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

(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  1997. 

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  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  I March 
1997  for  periods  extending  to  31  March  1998  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. 

1 

Proposal  for  a 

COUNCIL REGULATION (EC) No 

of 

/97 

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

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  fish  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, 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: 

3> 

Article 1 

1. 

2. 

The  import duties on the goods  listed  in the Annex shall be suspended  at the  indicated 
duty rate for the periods and in the amounts indicated therein. 

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. 

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. 

1  OJ No L 388, 31.12.1992, p. I. 

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

4: 

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 

Article 6 

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

It shall be apply from  1  March  1997. 

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

Done at Brussels 

For the Council 
The President 

ANNEX 

Series 
Number 

CN  code 

TARIC 
Sub 
division 

Description  of  goods 

Amount 
of 
quota 
(in  tons) 

55.000 

Quota 
duty 
(%) 

4 

Quota 
period 

01.04-
31.12.97 

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

saida, 

09.2753 

ex  0302  50  10 

ex  0302  50  90 

ex  0302  69  35 

ex  0303  60  11 

ex 0303  60  19 

ex  0303  60  90 

ex  0303  79 41 

09.2756 

ex  0303  60  11 

ex  0303  60  19 

ex  0303  60  90 

ex  0303  79  41 

20 

11 

91 

10 

10 

10 

10 

10 

10 

10 

10 

09.2758 

ex  0302  70  00 

20 

09.2765 

ex  0305  62  00 

ex  0305  69  10 

09.2773 

ex  0306  13  10 

ex  0306  23  10 

20 
25 
29 

10 

10 

11 

91 

Cod  (Gadus  morhua,  Gadus  ogac, 
Gadus  macrocephalus),  and  fish  of 
the genus  Boreogadus 
excluding,  livers, roes, frozen,  for 
processing  (a)(c) 

saida, 

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

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

10000 

4 

01.04-
31.12.97 

400 

0 

01.04-
31.12.97 

9.000 

•1 

0 1 . 0 1-
31.12.97 

6.000 

0 

01.03  97-
31.03.98 

09.2779 

ex 0304 90 05 

10 

Surimi, frozen,  for processing (aXb) 

4.000 

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

3.500 

6 

6 

01.04-
31.12.97 

01.04.97-
31.03.98 

09.2780 

ex 0304 20 91 

ex 0304 90 97 

09.2785 

ex 0307 49 59 

ex 0307 99 11 

09.2786 

ex 0307 49 59 

ex 0307 99 11 

09.2788 

ex 0302 40 05 

ex 0302 40 98 

ex 0303 50 05 

ex 0303 50 98 

10 

60 

10 

10 

20 

20 

10-

10 

10 

10 

Tubes  of  squid  (Omnastrephes  spp., 
excluding  Sagittatus, 
-Nototodarus 
spp., Sepioteuthis spp.),  and  Illex spp., 
frozen  , for processing (aXb) 

7.000 

4 

01.04-
31.12.97 

Nototodarus 

Squid  (Omnastrephes  spp.-  excluding 
spp., 
Sagittatus 
Sepioteuthis spp.) and Illex  spp., frozen 
whole, 
for 
processing (aXb) 

tentacles 

fins, 

and 

500 

4 

01.04-
31.12.97 

I lerrings (Clupea harengus, 
Clupea pallasii),cxcluding livers 
and roes, fresh  or chilled  for 
industrial manufacture  (aXb) 

20.000 

0 

01.09.97-
14.02.98 

(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, production of flaps or cutting of frozen blocks), 
sampling, sorting, 
labelling, 
packing; 
chilling, 
freezing, 
deep  freezing 
thawing, separation. 

(c)  The quota is available for products destined exclusively for salting and drying. 

However the quota is not available for products intended, in addition to undergo treatment (or operations) 
which gives quota entitlement, 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. 

Tr 

FINANCIAL RECORD 

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 

09.2753 

09.2756 

09.2758 

09.2765 

09.2773 

CN  rate  of 
duty 
(%) 

-5.000 
(v. previous: 
60.000) 
10.000 

0 
(v. previous: 
400) 
0 
(v. previous: 
9.000) 
0 
(v. previous: 
6.000) 

-94 
(p.  previous: 
1.270) 
0 
(p.  initial : 
1.193) 
-92 
(p.  previous: 
1.588) 
-121 
(p;  previous: 
3.048) 
103 
(p.  previous: 
3099) 

Rate  of 
duty 
(%) 

Estimated 
price 
ECU/T 

Volume  of 
quota 
(ECU/T) 

0 
(d. previous: 
12) 
0 
(d. initial: 12) 

0.5 
(d. previous: 
4.5) 
0 
(d. initial: 4) 

Assessed  variation  on  duty 
loss against  the  preceding 
quota  period 
(Ecus) 

-540.600 
(previous loss: 5.715.000) 

954.400 

0 
(d. previous: 
10) 
0 
(d. previous: 
13)  -
0 
(d. previous: 
12) 

0 
(d. previous: 0) 

-3.680 
(previous loss: 63.520) 

0 
(d. previous: 4) 

-98.010 
(previous  loss: 2.468.880) 

0 
(d. previous: 0) 

74.160 
(previous loss: 2.231.280) 

S 

09.2779 

09.2780 

09.2785 

09.2786 

09.2788 

500 
(v. previous: 
3.500) 
0 
(v. previous: 
3.500) 
3.500 
(v. previous: 
3.500) 
0 
(v. previous: 
500) 
- 20 000 
(v. previous: 
40.000) 

370 
(p. previous: 
1.829) 
-759 
(p. previous: 
2.074) 
-110 
(p. previous: 
1.475) 
-110 
(p. previous: 
1.475) 
75 
(p. previous: 
275) 

0 
(d. previous: 
15) 
0 
(d. previous: 
10,5) 
0 
(d. previous: 
8) 
0 
(d. previous: 
8) 
0 
(d. previous: 
15) 

0 
(d. previous: 0) 

359.175 
(previous loss: 960.225) 

0 
(d. previous: 6) 

-119.543 
(previous loss: 326.655) 

0 
(d. previous: 4) 

175.700 
(previous loss: 206.500) 

0 
(d. previous: 4) 

-2.200 
(previous loss: 29.500) 

0 
(d. previous: 0) 

-600.000 
(previous  loss:  1.650.000) 

Sum of assessed variation on duty loss against the preceding quota period (Ecus) 

199.402 ecus 

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(97) 38 final 

DOCUMENTS 

EN 

03  02  01 

Catalogue number  : CB-CO-97-035-EN-C 

ISBN 92-78-15488-1 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg