Proposal for a Council Regulation (EC) opening and providing for the administration of Community tariff quotas for certain fishery products originating in Ceuta
Date: 1997-11-25
Institutions: European Commission
Subjects: Ceuta and Melilla, customs regulations, fishery product, originating product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.11.1997 
COM(97) 617 final 

97/0325 (ACC) 

Proposal for a 

COUNCIL REGULATION  (EO 

opening and providing for the administration of Community tariff quotas 
for certain fisheiy products originating in Ceuta 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

2. 

3. 

Article 3(2) of Protocol  2 to the Act of Accession of Spain and Portugal  stipulates that certain 
fishery  products  originating  in  Ceuta  and  Melilla  shall  qualify  for  exemption  from  customs 
duties  when  imported  into  the  Community.  This  Article  goes  on  to  specify  that  exemption 
shall be granted within the limits of Community  tariff  quotas calculated by product and on the 
average quantities actually disposed of during  1982, 1983 and  1984 in that part of Spain which 
is  included  in  the  customs  territory  of  the  Community  or  exported  to  the  Community  as 
constituted  in 1985. 

The  Spanish  administration  has  asked  the  Commission  by  letter  dated  2  June  1997  to  open 
tariff quotas for live fry and juveniles of sea bream and bass (CN code ex 0301 99 90), sea bass 
(CN code 0302 69 95) and sea bream (CN code 0302 69 94), originating in Ceuta. 
The  Spanish  authorities  backed  their  request  with  social  and  economic  arguments  on  Ceuta, 
showing the constraints under which Ceuta's economy is operating and the difficulties  faced by 
the local fishing  industry. 

In the past some fishery  products originating in Ceuta enjoyed  the benefit  of tariff quotas when 
imported  into the Community.  Later, exports to the Community  fell  as a result  of a reduction 
in  the  volume  of  fishery  catches.  The  use  of  these  quotas  then  became  negligible  and  they 
were not extended after  1992. 

Live fry  and juveniles of sea bream and bass, sea bream and sea bass, are covered  by Article 3 
of  Protocol  2,  but  have  not  been  able  to  enjoy  the  benefit  of  the  quotas  in  question  because 
aquaculture is a new activity in Ceuta. 

4. 

A Community  tariff  quota  was opened  for  1995 by Council  Regulation  (EC)  No  1326/95  for 
products of CN code ex 0301 99 90. 

For  1996 and  1997, the Council opened tariff  quotas for products of CN codes ex 0301  99 90, 
0302 69 94 and 0302 69 95. 
Fresh  tariff  quotas  for  these  products  for  1998  and  thereafter  are  justified  because  the 
economic  situation  in  Ceuta  requires  the  adoption  of  preferential  measures  to  facilitate  its 
exports  to  the  Community.  Also,  some  non-member  countries,  in  particular  the  Maghreb 
countries, are granted  preferential  tariff  treatment  by the Community  for products  of the  same 
CN codes.  This warrants the adoption by the Community of similar tariff measures for Ceuta. 
The quota period  will  run  from  1  January  to  31 December  each  year.  No  unused  part  of the 
quota may be carried over to the next quota period. 
The annual quota volumes are as follows: 

fry and juveniles of sea bass and sea bream 
sea bass and sea bream 

3 000 000 units 
100 tonnes 

These  volumes have  been  calculated  on  the  basis  of  estimated  production  of  these  products, 
according to information  received by the Spanish authorities. 

5. 

These annual Community tariff quotas should therefore be opened. 

Such is the purpose of the attached proposal. 

Proposal for a Council Regulation (EC) No ,../... 
of 
opening and providing for the administration of  Community  tariff quotas for certain  fishery 
products originating in Ceuta 

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, by virtue of Article 3(2) of Protocol 2 to the Act of Accession of Spain and Portugal, certain 
fishery  products  originating  in  Ceuta  and  Melilla  are  eligible,  as  of  1  January  1993,  for  exemption 
from  customs  duties  in  the  customs  territory  of  the  Community;  whereas  that  exemption  is  granted 
within the limit of tariff  quotas calculated by product with reference  to the average quantities  actually 
disposed  of  during  1982,  1983  and  1984  in  that  part  of  Spain  which  is  included  in  the  customs 
territory of the Community or exported to the Community as constituted in 1985; 

Whereas the products  originating  in Ceuta which  have enjoyed  the benefit  of the tariff  arrangements 
set up by Protocol 2 are no longer exported to the Community because of a decrease in volume of fish 
catches  put  on to the  market;  whereas  the tariff  quotas  opened  for  Ceuta  were  not  extended  beyond 
31.12.1992 on this account; whereas  live fry  and juveniles of sea bream  and bass, sea bream  and  sea 
bass, henceforth  replace these products in trade with the Community; 

Whereas Ceuta's location as an enclave on the African  continent poses specific problems; whereas the 
lack  of  both  agriculture  and  industry  leaves  fishing  as  Ceuta's  primary  industry;  whereas  since  the 
crisis  is occurring  in that sector, aquaculture  has the potential to offer  Ceuta's economic  operators  an 
alternative source of income to sea fishing; 

Whereas the positive  role played  in the past  by the system of preferential  tariff  treatment  in  granting 
access  to  the  Community  markets  for  certain  fishery  products  originating  in  Ceuta  justifies 
continuation  of  such  treatment  alongside  other  forms  of  Community  action,  in  particular  assistance 
from the Community structural funds  for Objective  1  regions, of which Ceuta is one; 

Whereas the preferential  tariff treatment granted to fishery  products derived from  aquaculture in Ceuta 
should therefore play a greater part in fostering the development of the region; 

Whereas  the  Community  accords  some  non-member  countries,  in  particular  the  Maghreb  countries, 
preferential  tariff treatment in the form of exemption from  customs duties for products of CN codes ex 
0301 99 90,  0302  69  94  and  0302  69  95;  whereas  steps  should  be  taken  to  ensure  that  the  tariff 
treatment  of  such  products  originating  in  Ceuta  and  imported  into  the  Community  is  comparable  to 
that accorded to these non-member countries; whereas the tariff arrangements applied to Ceuta need to 
be adjusted  accordingly; 

Whereas  by  Regulation  (EC) No  1326/95,1  the  Council  opened  a Community  tariff  quota  (09.0321) 
for  1995 for live fry  and juveniles of sea bream and bass originating in Ceuta; whereas, by Regulation 
(EC) No  1822/96,2 the  Council  opened  new  zero-duty  Community  tariff  quotas  for  1996-97 for  live 
fry  and juveniles  of  sea  bream  and  bass,  sea  bream  and  sea  brass,  originating  in  Ceuta  (order  nos 
09.0321 and 09.0322); 

OJNoL128,  13.6.1995, p. 6. 
OJ No L 241, 21.9.1996, p.  10. 

^ 

1  ^ 

Whereas  the  Kingdom  of  Spain  has  asked  that  the  Commission  open  the  quotas  referred  to  in 
Regulation (EC) No  1822/96 for  1998 and  thereafter; 

Whereas  zero-duty  Community  tariff  quotas should  therefore  be opened  for  the products  in  question 
and the volumes fixed  on the basis of annual production at 3 million individual fish (fry  and juveniles 
of sea bream and  sea bass) and  100 tonnes  (sea bream and  sea bass); whereas the quota period  must 
run  from  1  January  to  31  December  each  year;  whereas  application  of  the  quota  duty  is  subject  to 
compliance with the rules laid down for the common organisation of the markets; 

Whereas Commission Regulation (EC) No  1427/973 amending Regulation (EEC) No 2454/934 laying 
down  provisions  for  the  implementation  of  the  Community  Customs  Code  sets  out  rules  for  the 
management  of  tariff  quotas  designed  to  be  used  following  the  chronological  order  of  dates  of 
acceptance of declarations; 

Whereas  eligibility  for  the tariff  quotas  introduced  by  this  Regulation  is  subject  to  the  definition  of 
preferential  origin specified  in Article 27 of Regulation (EEC) No 2913/92,5 

HAS ADOPTED THIS REGULATION: 

The  customs  duties  applicable  on  importation  into  the  Community  of  the  products  in  question, 
originating  in Ceuta,  shall  be suspended  at the  level  and within the  limits of the annual  Community 
tariff quotas shown below: 

Article 1 

Order 
No 

NC Code 

Taric 
Sub 
division 

Description 

Amount of 
quota 

Quota  duty 
(in  %) 

09.0321 

ex 0301 99 90 

• 20 

Live  fry  and  juveniles  of  sea  bream 
(Spams 
bass 
(Dicentrarchus labrax) 

aurata) 

and 

3 000 000 

Free 

units 

09.0322 

0302 69 94 

0302 69 95 

Sea bass  (Dicentrarchus  labrax), gilt-
headed  sea  bream  (Sparus  aurata), 
fresh or chilled 

100 

tonnes 

Free 

3  OJ No L 196,24.7.1997, p. 31. 
4  OJ No L 253, 11.10.1993, p. 1. 
5  OJ No L 302,  19.10.1992, p. 1. 

\ 

The products'  originating  status  shall  be proven  in accordance with Article 6 of  Council  Regulation 
(EEC)Noll35/88.6 

Articie_2 

The tariff quota referred  to in Article  1  shall be administered by the Commission, pursuant to Articles 
308a to  308c  of  Regulation  (EEC) No  2454/93, which  may take  all  appropriate  measures  to  ensure 
efficient  administration thereof. 

Article 3 

Article 4 

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 apply from 1  January  1998. 

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

Done at.. 

For the Council 
The President 

OJNoL  114, 2.5.1988, p. I. 

x 
I 

FINANCIAL STATEMENT 

Budget heading involved: Chapter  12, Article 120 

Legal basis: Article  113 of the Treaty. 

Title of tariff measure:  Proposal  for a Council Regulation (EC) opening and providing  for the 
administration of Community tariff quotas for certain fishery products originating in Ceuta. 

Aim: To promote Ceuta's economic development 

Method of calculation: 

1. 

2. 

3. 

4. 

5. 

Description  of 
products 

Variation  in 
quota  volume 

Variation  in 
estimated  price 
(ECH/unit) 

Variation  in 
normal  duty 
(%) 

Variation  in 
quota  duty 
(%) 

Expected  variation  in  the 
loss of revenue in  relation 
to the previous  quota 
period  (in ECU) 

Loss of revenues  for 
the  period  from 

1.1.98-31.12.98 
(in  ECU) 

Fry and juveniles 
of sea bass and 
sea bream 

500 000 
(previous vol.: 
2 500 000 units) 

-0.036 
(previous price: 
0.31) 

0 
(previous duty: 
16) 

Sea  bass  and  sea 
bream 

100 T 

-1003 
(previous price: 
4 650) 

0 

(previous duty: 

15) 

0 

0 

21 920 
(previous loss: 
124 000) 

-15.045 
(previous loss: 
69 750) 

131 520 

54 705 

6. 

Loss of revenue 

The expected  variation in the loss of revenue in relation to the previous quota period  amounts 
to ECU 6 875 for each quota period. 

The loss of revenues for the period from 1.1.1998 to 31.12.1998 amounts to  186 225 ECU. 

v 

ISSN 0254-1475 

COM(97) 617 final 

DOCUMENTS 

EN 

03  02  14  08 

Catalogue  number  :  CB-CO-97-636-EN-C 

ISBN 92-78-27772-X 

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