Proposal for a Council Regulation (EC) opening and providing for the administration of Community tariff quotas and ceilings and establishing Community surveillance for certain fish and fishery products originating in the Faroe Islands and defining detailed provisions for amending and adapting these measures
Date: 1997-03-03
Institutions: European Commission
Subjects: Faroes, fishery product, fishing statistics, tariff ceiling, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 03.03.1997 
COM(97) 82  final 

97/0064 (ACC) 

Proposal  for a 

COUNCIL REGULATION (EC) 

opening and providing for the administration of Community tariff quotas 
and ceilings and establishing Community surveillance for certain fish and 
fishery  products originating in the Faroe Islands and defining 
detailed provisions for amending and adapting these measures 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

The Council adopted a decision on 6 December 1996 concerning the conclusion of a 
new Agreement between the European Community, the Government of Denmark and 
the Home Government of the Faroe Islands in place of the agreement covered by 
Council Decision 91/668/EEC. The new agreement entered into force on 1  January 
1997. 

To give effect to the new agreement, particularly with respect to fishery products, it 
would be necessary to replace Regulation (EC) No 1983/95, which implemented 
measures under the old agreement. 

The attached proposal is identical with the text of that regulation, except for taking 
account of an enlargement of the scope of the agreement and an updating of the CN 
codes and descriptions concerned. 

This sums up the purpose of the attached proposal. 

2 

Proposal for a 

Council Regulation (EC) No 

/97 

of 

opening and providing for the administration of Community tariff quotas and 
ceilings and establishing Community surveillance for certain fish and 
fishery  products originating in the Faroe Islands and defining 
detailed provisions for amending and adapting these measures 

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 Article  3  and 8 of the Agreement  between  the European  Community,  of the 
one  part,  and  the  Government  of  Denmark  and the  Home  Government  of  the Faroe 
Islands,  of the  other part,  signed  on 6 December  1^96!,  provides  for  the  abolition  of 
customs  duties  applicable  to  imports  into  the  Community  of  certain  fish  and  fishery 
products listed in Protocol  1  attached to the said  Decision; 

Whereas the abolition is subject to Community tariff quotas and ceilings and, for some 
of  these  products,  Community  statistical  surveillance;  whereas  the  said  Community 
tariff quotas  and ceilings in respect  of products originating in the Faroe Islands should 
therefore  be opened  for the volumes  indicated  respectively  in Annexes I and II to this 
Regulation and Community statistical surveillance established in respect of the products 
listed in Annex III thereto; 

Whereas  the  preferential  rates  of  duty  indicated  in  Annexes  I,  II  and  III  apply  only 
where  the free-at-frontier  price determined  by the Member  States  in  accordance  with 
Article  22  of  Regulation  (EEC)  No  3759/92  of  17  December  1992  on  the  common 
organization  of the market in fishery  products and aquaculture2 is at least  equal  to the 
reference  price  set,  or to  be  set,  by the  Community  for  the  products  or  categories  of 
products concerned; 

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  set  up  by  Article  247  of  Regulation  (EEC)  No  2913/923,  to  necessary 
amendments  and  technical  adaptations  to  the Annexes  to  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; 

O J N o L 5 3,  22.2.1997,  p.  1. 
OJ No L  388, 31.12.1992,  p.  1. Regulation  as last amended  by Regulation  (EC)  No 3318/94 (OJ 
No L 350,  31.12.1994,  p.  1). 
O J N o L 3 0 2,  19.10.1992,  p.  1. 

3 

Whereas  this  Regulation  may  apply  in  the  case  of  any  amendment  of  the  said 
Agreement  in  the  form  of  an  exchange  of  letters  which  may  specify  the  products 
eligible for tariff quotas or subject to statistical surveillance, quota-volumes, duties and 
tariff  periods, and  any  eligibility  criteria; whereas provision  should  therefore  be  made 
for  the  Commission  to  make  corresponding  amendments  to  this  Regulation  and  the 
Annexes  thereto,  after  first  having  obtained  the  opinion  of  the  Customs  Code 
Committee; 

Whereas  the  Agreement  provides  for  tariff  quotas,  tariff  ceilings  and  statistical 
surveillance  for  an  indefinite  period;  whereas,  therefore,  to  make  its  implementation 
more efficient  and simpler, this Regulation should apply on a multiannual basis; 

Whereas equal  and  continuous  access to the quotas in respect  of the products  listed  in 
Annex  I  should  be  ensured  for  all  Community  importers  and  the  rates  of  duty  laid 
down  for  the  quotas  should  be  applied  consistently  to  all  imports  of  the  products  in 
question in all Member States until the quotas are exhausted; 

Whereas the Community  should take the decision to open tariff quotas in the  execution 
of  its  international  obligations;  whereas,  to  ensure  the  efficiency  of  a  common 
administration  of  these  quotas, there  is no  reason  why  the  Member  States  should  not 
be authorized to draw from  the quota-volumes  the necessary  quantities  corresponding 
to actual  imports; whereas this method  of administration  does, however,  require  close 
cooperation  between  the  Member  States  and  the  Commission,  which  must  be  able  to 
monitor  the  rate  at  which  the  quotas  are  used  up  and  inform  the  Member  States 
accordingly; 

Whereas,  in  respect  of  products  listed  in  Annex  II  and  subject  to  Community  tariff 
ceilings,  Community  surveillance  may  be  effected  by  charging  imports  of  these 
products  against  the  ceilings  at  Community  level  as  and  when  the  products  are 
presented  at  customs  and  declared  for  free  circulation;  whereas  this  method  of 
administering  the  ceilings  should  enable  customs  duties  to  be  restored  as  soon  as  the 
ceilings in question are reached at Community  level; 

Whereas  this  method  of  administering  the  ceilings  calls  for  close  and  speedy 
cooperation  between  the  Member  States  and  the  Commission,  which  must  be  able  to 
monitor  the  level  reached  by  imports  charged  against  the  ceilings  and  inform  the 
Member  States accordingly; whereas this cooperation  should  be close enough to  allow 
the Commission  to take the appropriate  steps to restore customs  duties  as soon  as one 
of the ceilings is reached; 

Whereas,  for  the  products  listed  in  Annex  III,  it  would  seem  appropriate  to  have 
recourse  to  the  system  of  statistical  surveillance  administered  by  the  Commission 
pursuant  to  the  relevant  provisions  of  Regulations  (EC)  No  1172/95  and  (EEC)  No 
265S7875, 

HAS ADOPTED THIS REGULATION: 

4 
5 

O J N oL  118, 25.5.1995,  p.  10. 
OJ  No L 256,  7.9.1987,  p.  1. 

LI 

Article 1 

From  1 January  to  31  December  each  year,  the  customs  duties  applicable  to  imports 
into the Community  of products  listed  in Annex I and originating  in the Faroe Islands 
shall  be  suspended  at  the  levels  and  within  the  limits  of  the  Community  tariff  quotas 
specified therein. 

Article 2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  administered  by  the  Commission, 
which may take any appropriate administrative measure to ensure efficient  operation. 

Article 3 

Where an importer enters a product covered by this Regulation for free circulation in a 
Member State accompanied by: 

a request for preferential  treatment, and 
a  movement  certificate,  complying  with  the  rules  laid  down  in  the  Protocol 
concerning  the definition  of the  concept  of  originating  products  and methods 
of administrative cooperation annexed to Decision 97/126/EC, 

and his declaration is accepted by the customs authorities, the Member State concerned 
shall,  by  notifying  the  Commission  accordingly,  draw  a  quantity  from  the  quota 
concerned to satisfy the requirement. 

Applications  for  drawings  from  the  quotas  shall  indicate  the  date  on  which  the 
declarations were accepted and shall be sent to the Commission forthwith. 

Drawings  shall  be  granted  by  the  Commission  on  the  basis  of  the  date  when  the 
declarations  for  free  circulation  were  accepted  by  the  customs  authorities  of  the 
Member State concerned, provided the available balance is sufficient. 

Where a Member State fails to use the quantities drawn it shall  return them as soon as 
possible to the relevant quota. 

Where the quantities applied for  are in excess  of the available balance,  allocation shall 
be made in proportion to the requirements.  The Member  Sate shall be informed  by the 
Commission of the quantities drawn. 

Article 4 

1.  From  1 January to  31  December  each year imports  into the Community  of certain 
products  originating  in the Faroe  Islands,  listed  in Annexes  II and III,  shall  be  subject 
respectively to import ceilings and Community surveillance. 

The  description  of  the  products  referred  to  in the first subparagraph,  the  ceilings and 
the customs duty applicable are specified  in the said Annexes. 

.r 

Imports  shall  be  charged  against  the  ceilings  as  and  when  the  products  are 
2. 
presented to customs under cover of declarations for free circulation accompanied  by a 
movement certificate  as specified  in Article 3, first paragraph. 

Goods may be charged against the ceiling only if the movement certificate  is presented 
before the date when collection of customs duty is resumed. 

Utilization  of  ceilings  shall  be  recorded  at  Community  level  on  the  basis  of  imports 
charged against them as specified  in the first and second subparagraphs. 

Member  States  shall  inform  the  Commission  of  any  import  operation  carried  out  in 
accordance  with  the  procedure  determined  above  at  the  intervals  and  within  the 
deadlines laid down in paragraph 4. 

3.  As  soon  as  the  ceilings  are  reached,  the  Commission  may,  by  adopting  a 
Regulation,  resume  the  collection  of  the  customs  duties  applicable  to  third  countries 
until the end of the calendar year. 

4.  Member  States  shall  send  the  Commission,  no  later than  the  15th of  each  month, 
the statements showing the quantities charged during the preceding month. 

5.  The  statistical  surveillance  provided  for  in respect  of products  specified  in  Annex 
III shall be carried out at Community  level on the basis of imports charged as  specified 
in  the  first  subparagraph  of  paragraph  2  and  notified  to  the  Statistical  Office  of  the 
European  Communities  pursuant  to  Regulations  (EC)  No  1172/95  and  (EEC)  No 
2658/87. 

Article 5 

1.  The provisions necessary to apply this Regulation, in particular: 

(a) 

(b) 

any technical  amendments and adaptations which may be needed  as a result  of 
changes to the combined nomenclature or Taric codes; 

any  adaptations  needed  following  a  change  to  the  Agreement  between  the 
European  Community  and  the  Faroe  Islands,  as  approved  by  an  act  of  the 
Council, 

shall be adopted in accordance with the procedure set out in Article 6 (2). 

2.  The provisions  adopted  pursuant  to paragraph  1 do not  authorize  the  Commission 
to: 
-  carry over preferential  quantities from  one quota period to another, 
-  amend the timetables laid down in the Agreements or protocols, 
-  transfer  quantities from one quota to another, 
-  open and administer quotas resulting from new agreements, 
-  adopt legislation affecting  the administration of quotas subject to import  certificates. 

€ 

Article 6 

1.  The Commission shall be assisted by the Customs Code Committee. 

2.  The  Commission's  representative  shall  submit  a  proposal  to  the  Committee 
concerning  the  measures  to  be  taken.  The  Committee  shall  give  its  opinion  on  the 
proposal within a time limit to be specified  at the chairman's  discretion,  depending  on 
the  urgency  of  the  matter  in  question.  The  Committee  shall  give  its  opinion  by  a 
majority  vote as laid down in Article  148 (2) of the Treaty  for acts which the  Council 
is  required  to  adopt  on  a  proposal  from  the  Commission.  In  Committee  votes,  the 
Member  States' votes  shall be weighted  according to the method  given  in Article  148 
(2).  The chairman shall not vote. 

The  measures  adopted  by  the  Commission  shall  apply  with  immediate  effect. 
However,  if  they  differ  from  the  Committee's  opinion,  the  Commission  shall 
immediately  submit  the  proposed  measures  to  the  Council.  In  this  case,  the 
Commission  shall  delay  their  implementation  for  three  months  from  the  date  of 
submission. 

The  Council  may  take  a  different  decision,  by  a  qualified  majority,  within  the  time 
limit specified  in the previous  subparagraph. 

3.  The  Committee  may  examine  any  question  concerning  the  application  of  this 
Regulation  which  is  raised  by  its  chairman  either  at  the  latter's  initiative  or  at  the 
request of a Member State. 

Article 7 

Rates  of  duty  specified  in  Annexes  I,  II  and  III  shall  apply  only  where  the  free-at 
frontier  price  determined  by Member  States in accordance  with Regulation  (EEC)  No 
3759/92  is  at  least  equal  to  the  reference  price  set  or to  be  set  by  the  Community  in 
respect of the products or categories of products concerned. 

Article 8 

The  Commission  shall  adopt  all  appropriate  measures,  in  close  cooperation  with  the 
Member States, to apply this Regulation. 

Regulation (EC) No  1983/95 of 24 July  19956 shall be repealed. 

Article 9 

Article 10 

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

O J N oL  192,  15.8.1995, p.  1. 

^ 

It shall apply from  1  January  1997. 

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

Done at Brussels, 

For the Council 

"S 

ANNEX I 

On fish and fishery products subject to tariff quotas 

Description 

Rate  of  duty 

Quota  volume 
(tonnes) 

Order  No 

CN  code 

TARIC 
sub 
division 

09.0671 

0301 

ex 0301  91 90 

10 

0302 

ex 0302  1 !  90 

10 

0303 

ex 0303 21 90 

10 

0304 

0304  10 

ex 0304  10 11 
0304 20 

ex 0304 20 11 
0304 90 
ex 0304 90  10 

09.0673 

0301 

0301  99 

ex 0301  99 11 

10 

10 

11 

20 
30 

Live fish : 
- other live fish : 
- 

Trout of the species Oncorhynchus  mykiss 

Fish, fresh  or chilled, excluding fish fillets and other fish 
meat of heading No 0304: 
- Salmonidae, excluding livers and roes : 
-  Trout of the species Oncorhynchus mykiss 

Fish, frozen,  excluding fish fillets and other fish meat of 
heading No 0304: 
-  Trout of the species Oncorhynchus  mykiss 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled or  frozen: 
- Fresh or chilled : 
- - Fillets : 
- - -  of freshwater  fish: 

of trout of the species Oncorhynchus  mykiss 

-  Frozen  fillets: 
- - Of freshwater  fish: 

Of trout of the species Oncorhynchus  mykiss 

- Other : 
-  Of freshwater  fish: 
- 

- Of trout of the species Oncorhynchus  mykiss 

Live fish: 
- Other live fish: 
- - Other: 

Freshwater fish: 

Atlantic Salmon (Salmo salar) : 

young 
other 

0302 

ex 0302  12 00 

10 

0303 

ex 0303 22 00 

30 

Fish, fresh  or chilled, excluding fish fillets and other fish 
meat of heading No 0304 : 
—  Atlantic Salmon (Salmo salar) 

Fish,  frozen,  excluding  fish fillets and other fish meat of 
heading No 0304 : 
—  Atlantic Salmon (Salmo salar) 

2> 

700(1) 

4  925(1) 

0 

0 

0 

0 

0 

0 

0 
0 

0 

0 

Order  No 

CN  code 

TARIC 
sub 
division 

Description 

Rate of  duty 

Quota  volume 
(tonnes) 

09.0673 
(cont'd) 

0304 

0304  10 

ex 0304  10 13 
0304 20 

ex 0304 20  13 
0304 90 
ex 0304 90  10 

09.0675 

1604 

ex  1604  11 00 

1604  19 
ex  1604  19 10 

1604 20 
ex  1604 20  10 

ex  1604 20 30 

09.0677 

1604 

1604  12 
1604  12 10 

1604  15 

ex  1604  15 11 

ex  1604  15 19 

1604 20 
ex  1604 20 50 

ex  1604 20 90 

10 

10 

13 

30 

10 

30 

10 

10 

10 

40 

10 

09.0679 

1605 

1605 20 
1605 20  10 

1605 20 91 

1605 20 99 
ex  1605 40 00 

20 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled  or  frozen: 
- Fresh or chilled: 
- - Fillets : 
-  Of freshwater fish : 

Of Atlantic Salmon (Salmo salar) 

- Frozen fillets : 
- - Of freshwater  fish: 

Of Atlantic Salmon (Salmo salar) 

- Other: 
- ? - Of freshwater  fish: 

Of Atlantic Salmon (Salmo salar) 

Prepared  or preserved fish; caviar and caviar  substitutes 
prepared  from fish eggs: 
- Fish, whole or in pieces, but not minced: 
- - Salmon: 
—  Atlantic Salmon (Salmo salar) 
- - Other: 
—  Salmonidae, other than salmon: 

Trout of the species Oncorhynchus  mykiss 

- Other prepared  or preserved  fish: 
—  Of salmon: 

Of Atlantic Salmon (Salmo salar) 
—  Of salmonidae other than  salmon: 

Of trout of the species Oncorhynchus  mykiss 

Prepared  or preserved fish; caviar and caviar  substitutes 
prepared  from fish eggs: 
- Fish, whole or in pieces, but not minced: 
- - Herring : 
- - - Fillets, raw, merely  coated  with batter or breadcrumbs, 
whether or not pre-fried  in oil, deep  frozen 
- - Mackerel : 
-  Of the species Scomber scombrus and Scomber 
japonicus  : 

Fillets : 

Of the species Scomber scombrus 

Other : 

Of the species Scomber scombrus 

- Other prepared  or preserved fish : 
-  Of sardines, bonito, mackerel  of the species Scomber 
scombrus and Scomber japonicus,  fish  of the species 
Orcynopsis unicolor : 

Of mackerel of the species Scomber scombrus 

- - - Of  other  fish: 
Of herring 

Crustaceans, molluscs and other aquatic invertebrates, 
prepared  or preserved : 
- Shrimps and prawns : 
- - In air-tight  containers 
- - Other : 
- 
2 kg 
- - - Other 
- Other crustaceans : 
- - Nephrops norvégiens 

In immediate packings of a net content not exceeding 

^Jvo 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 
0 

0 

400 

150 

2 000 

Description 

Rate of  duty 

Quota  volume 
(tonnes) 

Order  No 

CN  code 

TARIC 
sub 
division 

09.0681 

1604 

1604  19 92 

1604  19 93 
1604  19 94 
1604  19 95 

1604  19 98 
1604 20 
1604 20 05 
ex  1604 20 90 

Prepared or preserved fish ; caviar and caviar  substitutes 
prepared from fish eggs : 
- Fish, whole or in pieces, but not minced : 

Cod (Gadus morhua, Gadus ogac, Gadus 
macrocephalus) 
Coalfish  (Pollachius virens) 

- 

- - Hake (Merluccius spp,  Urophycis spp.) 

Alaska pollack (Theragra chalcogrammd) and 
pollack {Pollachius pollachius) 
Other 

- Other prepared  or preserved fish : 
- - Preparations of surimi 
---Ofotherfish: 

20 

30 
35 
40 
50 
90 

Preserved smoked  coalfish 
Brisling or sprats (Sprattus sprattus) : 

In airtight cans (*) 
Other 

Of mackerel (Scomber australasicus) 
Lamprey 
Other 

09.0683 

0304 

0304 20 

0304 20 58 
0304 90 
0304 90 47 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled or frozen  : 
- Frozen fillets : 

Of hake of the genus Merluccius : 

Other 

- Other : 

Of hake of the genus Merluccius 

1 200 

110 

0 
0 
0 

0 
0 

0 

0 

0 
0 
0 
0 
0 

0 

0 

(1)  Figures refer  to the commercial  presentation  "whole and gutted".  For imports falling  within HS code 0304, a coefficient  of 2 shall 

be applied  for  quantities drawn  from  the relevant tariff  quota. 

(*) 

"Airtight cans" means cans which are soldered  or bonded  in such a manner that neither air nor germs can  penetrate and  which 
cannot be opened  without  sustaining damage. 

f) 

ANNEX II 

on fish and fishery products subject to Community tariff ceilings 

Description 

Rate of  duty 

Order 
number 

CN  Code 

TARIC 
Sub 
division 

17.0011 

0302 

0302 40 

0302 40 05 

0302 40 98 

0303 

0303 50 

0303 50 05 
0303 50 98 
0304 

0304 20 
0304 20 75 
0304 90 

0304 90 20 
0304 90 27 

Fish, fresh  or chilled, excluding fish fillets and other  fish 
meat of heading No 0304 : 
- Herring (Clupea harengus, Clupea pallasii),  excluding 
livers and roes : 
- - from  1  January to  14 February 
- - from  16 June to 31 December 

Fish, frozen,  excluding fish fillets and other fish meat of 
heading No 0304 : 
- Herring (Clupea harengus, Clupea pallasii),  excluding 
livers and roes : 
- - from  1 January to  14 February 
- -  from  16 June to 31 December 

Fish fillets and other fish meat (whether or nor minced), 
fresh,  chilled or frozen  : 
- Frozen fillets : 
- - Of herring (Clupea harengus, Clupea pallasii) 
- Other : 

of herring  (Clupea harengus, Clupea pallasii): 

from  1  January to  14 February 
from  16 June to 31 December 

17.0013 

0302 

0302 64 

ex 0302 64 05 

ex 0302 64 98 

10 

10 

Fish, fresh  or chilled, excluding fish fillets and other fish 
meat of heading No 0304 : 
— -  Mackerel  (Scomber scombrus, Scomber  australasicus, 
Scomber  japonicus): 
—  from  1  January to  14 February : 
Mackerel (Scomber scombrus) 
—  from  16 June to 31 December : 
Mackerel (Scomber scombrus) 

17.0015 

0304 

0304 20 
0304 20 31 
0304 90 
0304 90 41 

17.0017 

0305 

0305 30 
0305 30 50 

0305 30 90 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled  or frozen  : 
- Frozen fillets : 
- - Of coalfish  (Pollachius virens) 
- Other : 

Of coalfish  (Pollachius virens) 

Fish, dried, salted  or in brine;  smoked fish, whether or not 
cooked  before  or during the smoking process; flours, meals 
and pellets offish  fit  for human consumption  : 
- Fish fillets, dried, salted or in brine, but not smoked : 
- - Of lesser or Greenland  halibut  (Reinhardtius 
hippoglossoides),  salted or in brine 
- - Other 

/iz 

Level  of  tariff 
ceiling 
(tonnes) 

2  000(1) 

3 000 

25 000 . 

5 000 

0 
0 

0 
0 

0 

0 
0 

0 

0 

0 

0 

0 
0 

Description 

Rate of duty  Level of tariff 

ceiling 
(tonnes) 

1000 

12 600 (2) 

Order 
number 

CN Code 

TARIC 
Sub 
division 

17.0019 

0305 

10 

ex 0305 41 00 
0305 49 
0305 49 10 

Fish, dried, salted or in brine;  smoked fish, whether or not 
cooked  before  or during the smoking process; flours,  meals 
and pellets offish  fit  for human consumption  : 
— Smoked fish, including fillets  : 
—  Atlantic salmon (Salmo salar) 
— - Other : 
—  Lesser or Greenland halibut  (Reinhardtius 

hippoglossoides) 

0305 49 20 
ex 0305 49 30 

—  Atlantic halibut (Hippoglossus  hippoglossus) 
—  Mackerel  (Scomber scombrus, Scomber  australasicus, 

10 
10 

ex 0305 49 45 
0305 49 50 
0305 49 80 

Scomber japonicus)  : 
Mackerel (Scomber scombrus) 
Trout of the species Oncorhynchus mykiss 

—  Eels (Anguilla spp.) 
— - - Other 

17.0021 

0302 

0302 69 

0302 69 31 
ex 0302 69 33 

10 

0303 

0303 79 

0303 79 35 
ex 0303 79 37 

10 

0304 

0304 10 

0304 10 35 
0304 20 

0304 20 35 
ex 0304 20 37 

10 

Fish, fresh  or chilled, excluding fish fillets  and other fish 
meat of heading No 0304 : 
- Other fish excluding livers and roes : 
- - Other : 

Redfish  (Sebastes spp.,) : 

Of the species Sebastes  marinus 
Other : 
- Of the species Sebastes mentella 

Fish, frozen,  excluding fish fillets and other fish meat of 
heading n° 0304 : 
- Other salmonidae, excluding livers and roes : 
- - Other : 
- 

Saltwater fish : 

Redfish  (Sebastes spp.) : 

Of the species Sebastes  marinus 
Other: 

Of the species Sebastes mentella 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled or  frozen: 
7 Fresh or chilled: 
- - Fillets: 
- - - Other: 

Of redfish  (Sebastes  spp.) 

- Frozen  fillets: 
- - Of redfish  (Sebastes spp.): 
- 
- - - Other: 

Of the species Sebastes  marinus 

Of the species Sebastes mentella 

17.0023 

0304 

0304 10 

0304 10 33 
0304 10 38 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled  or  frozen: 
- Fresh or chilled: 
- - Fillets: 
- - - Other: 

Of coalfish  (Pollachius  virens) 
Other 

3  000 

03 

Order 
number 

CN  Code 

TARIC 
Sub 
division 

Description 

Rate of  duty 

Level of  tariff 
ceiling 
(tonnes) 

17.0025 

0304 

0304 20 
0304 20 43 

17.0027 

0304 

0304 20 
ex 0304 20 96 

40 

0304 90 
0304 90 59 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled of  frozen: 
- Frozen fillets: 
- - Of ling (Molva spp. ) 

Fish fillets and other fish meat (whether or not minced), 
fresh,  chilled or  frozen: 
- Frozen fillets: 
- - Other: 
-  Of blue whiting (Micromensitius poutassou  or Gadus 

poutassou) 

- Other: 

0 

0 

Of blue whiting  (Micromesitius poutassou  or Gadus 
poutassou) 

0 

. 

17.0029 

0305 

0305 69 
0305 69 90 

17.0031 

0306 

0306  13 
0306  13 10 

17.0033 

0305 

0305 61 00 

1604 

1604  12 

1604  12 91 
1604  12 99 

Fish, dried, salted or in brine;  smoked fish, whether or not 
cooked before or during the smoking process; flours,  meals 
and pellets offish fit for human consumption  : 
- Fish, salted but not dried or smoked, and fish in brine: 
- - Other: 
- - - Other 

Crustaceans, whether in shell or not, live, fresh,  chilled, 
frozen,  dried, salted or in brine;  crustaceans, in shell, 
cooked  by steaming or by boiling in water, whether or not 
chilled, frozen,  dried, salted or in brine; flours, meals and 
pellets offish  fit  for human consumption  : 
- Frozen: 
- - Shrimps: 

Of the family  Pandalidae 

Fish, dried, salted or in brine;  smoked fish, whether or not 
cooked before  or during the smoking process; flours,  meals 
and pellets offish  fit  for human consumption  : 
- Fish, salted  but not dried or smoked, and fish in brine: 
- - Herrings (Clupea harengus, Clupea  pallasii) 

Prepared  or preserved fish, caviar or caviar  substitutes 
prepared  from fish eggs: 
- Fish, whole or in pieces, but not minced: 
- - Herrings: 
- - - Other: 

In airtight containers 
Other 

0 

0 

0 

0 
0 

550 

1 800 

1 400 

11000 

500 

(1)  Figures refer to the commercial  presentation  "whole and gutted".  For imports falling within  HS code 0304, a coefficient  of 2 shall 

be applied  for  quantities charged  against the relevant ceiling. 

(2)  Figures refer to the commercial  presentation  "whole and gutted".  For imports falling within  HS code 0304, a coefficient  of 3 shall 

be applied  for  quantities charged  against the relevant ceiling. 

/\*\ 

ANNEX III 

on fish subject to statistical surveillance 

Order 
number 

CN  code 

Taric  sub 
division 

Description 

Rate of  duty 

17.0035 

0302 

0302 29 
0302 29 10 
0302 29 90 

0302 69 

0302 69 99 

17.0037 

17.0039 

0303 

0303 79 

0303 79 96 

17.0041 

0304 

0304 20 
ex 0304 20 96 

Fish, fresh  or chilled, excluding fish fillets and other fish meat of heading 
No 0304: 
- flat fish (Pleuronectidae, Bothidae,  Cynoglossidae,  Soléidae, 
Scophthalmidae and Citharidae), excluding livers and roes: 
- - Other: 

Megrim (Lepidorhombus  spp.) 

- - - Other 

- Other fish, excluding  livers and roes: 
- - Other: 
- 

Saltwater fish: 

Other 

Fish, frozen,  excluding fish fillets  and other fish meat of Heading No 
0304 : 
- Other fish, excluding  livers and roes: 
- - Other: 
- 

Saltwater fish: 

Other 

Fish fillets and other fish meat (whether or not minced), fresh,  chilled  or 
frozen: 
- Frozen fillets: 
- - Other: 

Of halibut (Reinhardtius hippoglossoides,  Hippoglossus 

hippoglossus,  Hippoglossus stenolepis) 
-  Offish  of the genus Allocyttus and of the species  Pseudocyttus 
maculatus 

Of the species Patagonian  grenadier (Macruronus magellanicus)  and 

Argentine cod (Solilota australis) 
- - - Other 

20 

30 

70 

90 

17.0043 

0304 90 
0304 90 05 
0304 90 97 

- Other: 
- - Surimi 

Other 

0 
0 

0 

0 

0 

0 

0 
0 

0 
0 

As 

FINANCIAL STATKMRNT 

1. 

Budget heading involved: Chapter  12, Article  120 

2. 

3. 

4. 

5. 

Legal basis:  Article  113 of the Treaty 

Title of the tariff measures: 
Proposal for a Council Regulation opening and providing for the  administration 
of  Community 
tariff  quotas  and  ceilings  and  establishing  Community 
surveillance  for  certain  fish  and  fishery  products  originating  in  the  Faroe 
Islands  and  defining  detailed  provisions  for  amending  and  adapting  these 
measures. 

Objective: Fulfilment  of an obligation resulting from  a Council  Decision. 

Financial details: 

1) 

2) 

The  measures  covered  by  the  attached  proposal  have  been  already  the 
subject  of  a  financial  statement  under  the  proposal  for  Council 
Regulation  (EC) No  1983/95  of  24  July  1995, which  implemented  the 
tariff  quotas and ceilings and the system of Community  surveillance  for 
certain  fish  and  fishery  products  originating  in the  Faroe  Islands  under 
the old agreement. 

Only  the  new  or  expanded  tariff  quotas,  as  specified  below  under  3), 
could  entail  an additional  loss of revenue  over and  above that  resulting 
from  application of the previous EC-Faroe Islands Agreement. 

3) 

Method of calculation: 

Description  of 
goods 

CN code 

Atlantic  salmon 

ex 0301  99 11 
ex 0302  12 00 
ex 0303 22 00 
ex 0304  10 13 
ex 0304 20  13 
ex 0304 90  10 

Quota 
volume 
(tonnes) 

4 925 

Frozen  fillets  of 
hake 

0304 20 58 
0304 90 47 

110 

Quota rate of 
duty  (%) 

CN rate of 
duty  (%) 

Estimated 
price 
ECU/t 

Estimatedl 
ossof 
revenue 
(in ECUs) 

0 

0 

2 

5 566 

548 251 

10.5 

441 

5 093 

4) 

The  average  additional  annual  loss  of  revenue  is  estimated  to  be  553 
344 ECU. 

Anti-fraud  measures: 

/|G 

Provisions on the management of tariff quotas and ceilings provide the necessary measures 
to prevent and protect against fraud and irregularities. 

H 

ISSN 0254-1475 

COM(97) 82 final 

DOCUMENTS 

EN 

02  11  03 

01 

Catalogue number  :  CB-CO-97-074-EN-C 

ISBN 92-78-16318-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg