Proposal for a COUNCIL REGULATION (EC) opening and providing for the management of autonomous Community tariff quotas for certain live fish originating in the Czech Republic and Slovakia
Date: 1997-03-06
Institutions: European Commission
Subjects: Czechia, Slovakia, customs duties, freshwater fish, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  06.03.1997 
COM(97) 95 final 

97/0065 (ACC) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

opening and providing for the management of autonomous Community tariff quotas for 
certain live fish originating in the Czech Republic and Slovakia 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

Agreements  in  the  form  of  an  exchange  of  letters  were  concluded  by  the  European 
Community  with  the  Czech  Republic  on  22  September  1994  and  with  Slovakia  on 
28 October  1994  to  supplement  the Europe  Agreements  with the two  countries.  Under 
these  agreements  imports  of  live trout  and  carp have  been  exempt from customs  duties 
within  tariff  quotas  of  50  tonnes  for  trout  and  850  tonnes  for  carp  originating  in  the 
Czech Republic and 50 tonnes for trout and 50 tonnes for carp originating in Slovakia. 

Following  enlargement,  the  Council  working  party  on  Central  and  Eastern  Europe 
agreed  to  take  account  of the two  countries'  preferential  exports  of the fish in  question 
to  the three  new  Member  States up to  a limit of  150 tonnes  of trout  from  Slovakia  and 
310 tonnes  of carp from the Czech Republic.  It was decided to  renew these  preferences 
by adding the quantities to those provided for in the agreements in the form of exchanges 
of  letters  referred  to  above.  This  will  be  done  through  an  additional  protocol  to  the 
European  Agreements  with  the  two  countries.  Pending  the  entry  into  force  of  these 
protocols,  the  measures  should  be  applied  on  an  autonomous  basis  by  opening  tariff 
quotas applicable from 1 January this year. 

That is the purpose of the attached proposal for a Regulation. 

i. 

Proposai for a 

COUNCIL REGULATION ŒQ No 

/97 

of 

1997 

opening and providing for the management of autonomous Community  tariff 
quotas for certain live fish originating in the Czech Republic and Slovakia 

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  the  Agreements  in the  form  of  an  exchange  of  letters  between  the  European 
Community  and  the  Czech  Republic,  signed  on  22 September  1994,1  and  between  the 
European Community and Slovakia, signed on 28 October  1994,2 have supplemented  the 
European  Agreements with these two  countries by providing for  duty-free  tariff  quotas 
for trout and carp; 

Whereas,  following  the  accession  of  Austria,  Finland  and  Sweden,  the  Council  agreed 
that existing preferential  exports to these countries of  150 tonnes of live trout  originating 
in Slovakia and 310 tonnes of live carp originating in the Czech Republic should be taken 
into  account;  whereas  it  also  agreed  to  renew  the  Agreements  in  the  forms  of  an 
exchange  of letters  by  adding  the  quantities  arising from enlargement  to  those  already 
provided for; 

Whereas  these  tariff  measures  will  be  set  out  in  additional  protocols  to  the  Europe 
Agreements with Slovakia and the Czech Republic; whereas these concessions should be 
implemented  autonomously  pending  the  entry  into  force  of  these  protocols;  whereas 
tariff  quotas for the products should be opened from 1  January  1997 and apply until the 
entry into force of the additional protocols, 

Whereas  all Community  importers  should  be assured  equal  and uninterrupted  access  to 
the tariff quotas; whereas the rates laid down for these quotas should apply to all imports 
of the products in question in all the Member States until the quotas are exhausted; 

1  OJL272,  22.10.1994, p. 50. 
2  OJL 294,  15.11.1994, p. 27. 

S 

Whereas  a decision  on  the  opening  of  autonomous  tariff  quotas  has to  be  taken  by  the 
Community;  whereas  there  is  no  reason  why  the  Member  States  should  not,  in  the 
interests of an efficient  common management of the quotas, be authorized to draw on the 
quotas  for  the  necessary  quantities  corresponding  to  actual  imports; whereas,  however, 
this  type  of  management  calls  for  close  liaison  between  the  Member  States  and  the 
Commission, the latter having to be in a position to monitor the rate at which the  quotas 
are used up and notify the Member States accordingly, 

V 

HAS ADOPTED THIS REGULATION: 

Article J 

Import  duties on products  listed in the Annex  originating  in the  Czech Republic  and in 
Slovakia  are  hereby  suspended  at  the  levels  and  within  the  limits  of  the  annual 
Community tariff quotas set for each. 

Article 2 

The tariff quotas referred to in Article 1  shall be managed by the Commission, which may 
take any appropriate administrative measures to ensure that they are managed  efficiently. 

Article 3 

Where  an  importer  presents  a  declaration  for  release  for  free  circulation  in  a Member 
State,  applying  to  take  advantage  of  the  preferential  arrangements,  and  for  a  product 
covered  by  this  Regulation  and  the  entry  is  accepted  by  the  customs  authorities,  the 
Member  State  concerned  shall,  by  notifying  the  Commission,  draw  an  amount 
corresponding to its requirements from the appropriate quota volume. 

Requests for  drawings, indicating the date on which the entries were  accepted,  must be 
sent to the Commission without delay. 

Drawings  shall  be  granted  by  the  Commission  in  chronological  order  of  the  dates  on 
which the customs  authorities of the Member  States concerned  accepted  the  entries  for 
release for free circulation, to the extent that the available balance so permits. 

If a Member  State does not use a drawing in full  it shall return any unused portion to the 
corresponding quota volume as soon as possible. 

If the quantities requested are greater than the available balance of the quota volume, the 
balance  shall be  allocated  among  applicants  on  a pro  rata  basis.  The  Commission  shall 
inform the Member States of the drawings made. 

Article 4 

Each  Member  State  shall  ensure  that  importers  of the  products  in question  have  equal 
and  continuous  access  to  the  quotas  for  as  long  as the  balance  of  the  relevant  quota 
volume so permits. 

Article 5 

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

x 

Article  6 

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

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 

ANNEX 

Order No 

CN code 

Description 

Duty  (%) 

09.5261 

0301 91 90 

Live trout  (Salmo trutta, 
Oncorhynchus  mykiss, 
Oncorhynchus 
clarki, 
Oncorhynchus 
aguabonita, 
Oncorhynchus gilae) 

09.5263 

0301 93 00 

Live carp 

Subject to conformity with the preference price. 

Annual quota  volume 
Originating in 
the Czech 
Republic 

Originating in 
Slovakia 

o1 

o1 

501 

2001 

1  1601 

50 t 

3 

FINANCIAL  STATEMENT 

1. 

Budget heading concerned: Chapter  12, Article 120 

2. 

3. 

4. 

Legal basis: Article 113 of the Treaty 

Title of tariff  measure,  proposal  for  a Regulation  opening  and  providing  for  the 
management  of  autonomous  Community  tariff  quotas  for  certain  live  fish 
originating in the Czech Republic and in Slovakia. 

Objective:  to  renew  the  agreements  with  the  Czech  Republic  and  Slovakia 
concerning the preferential  imports of certain live fish and to take account  of the 
preferential  trade flows between these two  countries  and the three new Member 
States. 

5. 

Method of calculation: 

Order No 

Quota volume 
(tonnes) 

Average price 
(ECU/t) 

Normal 
duty (%) 

Quota 
duty (%) 

CZ 

SL 

CZ 

SL 

50 

200 

2 084 

1911 

12 

1 160 

50 

1282 

1418 

8 

0 

0 

09.5261 
(live trout) 

09.5263 
(live carp) 

Loss of 
revenue 
(ECU) 

58 368 

124 642 

Total loss of revenue. ECU  183 010 

These products were not subject to tariff quotas in 1995 and 1996. 

Anti-fraud  measures:  Provisions on the management  of tariff  quotas include the 
measures needed to prevent and combat fraud and irregularities. 

ff 

ISSN 0254-1475 

COM(97) 95 final 

DOCUMENTS 

EN 

02  03  11  01 

Catalogue number  : CB-CO-97-081-EN-C 

ISBN 92-78-16395-3 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

3