Council Regulation (EC) No 730/98 of 30 March 1998 opening and providing for the administration of autonomous Community tariff quotas for certain fishery products
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: CCT duties, fishery product, quantitative restriction, tariff quota

2. 4. 98

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Official Journal of the European Communities

L 102/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 730/98

of 30 March 1998

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 fishery products
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 appro-
priate volume; whereas,
in order not to jeopardise the
development prospects of this production in the Com-
munity 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 applica-
tion 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 author-
ising 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;

Whereas Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementa-
tion of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (1), has codified
the management rules for tariff quotas designed to be

used following the chronological order of dates of
customs declarations,

HAS ADOPTED THIS REGULATION:

Article 1

1.
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.

2.
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 Council
Regulation (EEC) No 3759/92 of 17 December 1992 on
the common organisation of the market in fishery and
aquaculture products (2), is at least equal to the reference
price fixed, or to be fixed, by the Community for the
products under consideration of
the
products concerned.

the categories of

Article 2

The tariff quotas referred to in Article 1 shall be adminis-
tered by the Commission in accordance with Articles
308a to 308c of Regulation (EEC) No 2454/93.

Article 3

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

Article 4

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

It shall apply from 1 April 1998.

(1) OJ L 253, 11. 10. 1993, p. 1. Regulation as last amended by
Regulation (EC) No 75/98 (OJ L 7, 13. 1. 1998, p. 3).

(2) OJ L 388, 31. 12. 1992, p. 1. Regulation as last amended by
Regulation (EC) No 3318/94 (OJ L 350, 31. 12. 1994, p. 15).

L 102/2

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Official Journal of the European Communities

2. 4. 98

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

Done at Brussels, 30 March 1998.

For the Council

The President

LORD SIMON of HIGHBURY

2. 4. 98

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Official Journal of the European Communities

L 102/3

ANNEX

Order
No

CN code

Taric
code

Description

Cod (Gadus morhua, Gadus ogac, Gadus macro-
cephalus) and fish of
the species Boreogadus
saida, excluding livers and roes, presented fresh,
chilled or frozen, for processing (a) (b)

Amount of
quota
(in tonnes)

57 500

Quota
duty
(%)

3,7

Quota
period

1.4 to
31.12.1998

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
* 10
* 10
* 10
* 10
* 10
* 10

* 10
* 10
* 10
* 10

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 macro-
the species Boreogadus
cephalus) and fish of
saida, excluding livers and roes, frozen, for proces-
sing (a) (c)

9 000

3,7

1.4 to
31.12.1998

09.2758

ex 0302 70 00

* 20

Cod livers (Gadus morhua, Gadus ogac, Gadus
macrocephalus) and fish liver of the species Bore-
ogadus saida, fresh or chilled, for processing (a) (b)

300

0

1.4 to
31.12.1998

Cod (Gadus morhua, Gadus ogac, Gadus macro-
cephalus) and fish of
the species Boreogadus
saida, salted or in brine, but not dried or smoked,
for processing (a) (b)

8 000

3,7

1.4 to
31.12.1998

Shrimps and prawns of
borealis,
processing (a) (b)

in shell,

the species Pandalus
for

frozen,

fresh, chilled or

09.2779

ex 0304 90 05

* 10

Surimi, frozen, for processing (a) (b)

09.2780

ex 0304 20 91
ex 0304 90 97

* 10
* 60

Frozen blue grenadier fillets (Macruronus novae-
zealandiae),
frozen meat of blue
grenadier, for processing (a) (b)

and other

6 000

8 000

5 000

0

6

6

1.4.1998 to
31.3.1999

1.4 to
31.12.1998

1.4 to
31.12.1998

09.2785

ex 0307 49 59
ex 0307 99 11

* 10
* 10

Tubes of squid (Ommastrephes spp. — excluding
Ommastrephes sagittatus —, Nototodarus spp.,
Sepioteuthis
spp.) and Illex spp.,
for
processing (a) (b)

frozen,

9 000

3,5

1.4 to
31.12.1998

09.2786

ex 0307 49 59
ex 0307 99 11

* 20
* 20

Squid (Ommastrephes spp. — excluding Ommas-
trephes sagittatus —, Nototodarus spp., Sepioteu-
this spp.) and Illex spp. frozen whole, tentacles
and fins, for processing (a) (b)

500

3,5

1.4 to
31.12.1998

09.2788

ex 0302 40 98
ex 0303 50 98
ex 0304 10 96
ex 0304 90 27

* 10
* 10
* 10
* 10

(Clupea harengus, Clupea pallasii),
Herrings
including flaps, excluding livers and roes, fresh,
chilled or frozen, for processing (a) (b)

12 500

0

15.9 to
31.12.1998

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2. 4. 98

Order
No

CN code

Taric
code

Description

09.2790

ex 1604 14 16

* 10

Fillets known as ‘loins’ of tunas and skipjack, for
processing (a) (b)

09.2792

ex 1604 12 99

* 10

Herrings, prepared with spice and vinegar,
in
brine, in immediate packings of a net content of
90 kg or more, for processing (a) (b)

Amount of
quota
(in tonnes)

Quota
duty
(%)

800

1 200

9

8

Quota
period

1.4 to
31.12.1998

1.4 to
31.12.1998

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

The quota is not available for products intended, in addition, to undergo treatment (or operations) which gives quota entitlement, where such treatment (or opera-
tions) is (are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended for human consumption.

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