Proposal for a Council Regulation (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products
Date: 1999-03-02
Institutions: European Commission
Subjects: common fisheries policy, fishery management, fishery product, fishing regulations, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.03.1999
COM (1999) 96 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)

1.

2.

3.

4.

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
1999.

the Commission is proposing a certain number of

Having regard to the requirements of the internal and external policies of the
Community,
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 1 April 1999 for periods extending to 31 March 2000 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.

2

Proposal for a

COUNCIL REGULATION (EC)

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 appropriate volume; whereas,
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;

in order not

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 authorizing 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 implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code1., 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:

1.

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 46/99 (OJ L
10, 15.1.1999, p. 3).

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 in accordance with Article 22 of Council Regulation (EEC) No
3759/92 of 17 December 1992 on the common organization of the market in
fishery and aquaculture products2., 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 administered by the Commission in
accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.

Article 2

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

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 April 1999.

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

Done at Brussels,

For the Council
The President

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).

4

Order
No

CN code

TARIC
code

ANNEX

Description

Amount
of quota
(in tons)

Quota
duty
(%)

70.000

3

Quota
period

01.04. -
31.12.99

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

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

09.2758

ex 0302 70 00

09.2765

ex 0305 62 00

ex 0305 69 10

09.2773

ex 0306 13 10

ex 0306 23 10

09.2779

ex 0304 90 05

09.2780

ex 0304 20 91

ex 0304 90 97

20

10

10

10

10

10

10

10

10

10

10

20

20

25

29

10

10

11

91

10

10

60

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

Cod livers (Gadus morhua, Gadus
ogac, Gadus macrocephalus) and fish
liver of the species Boreogadus saida,
fresh or chilled, for 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)

7.000

300

8.000

3

0

3

01.04. -
31.12.99

01.04. -
31.12.99

01.04. -
31.12.99

Shrimps and prawns of
Pandalus borealis,
chilled or frozen, for processing (a)(b)

the species
fresh,

in shell,

12.000

0

01.04.99-
31.03.00

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

15.000

3,5

Frozen

blue

grenadier

fillets

20.000

3,5

(Macruronus novaezealandiae)

and

other frozen meat of blue grenadier, for

processing (a)(b)

01.04. -

31.12.99

01.04. -

31.12.99

5

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 98

ex 0303 50 98

ex 0304 10 96

ex 0304 90 27

10

10

20

20

10

10

10

10

Tubes of squid (Ommastrephes spp.--

11.000

3,5

excluding Ommastrephes sagittatus--,

Nototodarus spp., Sepioteuthis spp.)

and Illex spp.,

frozen,

for processing

(a)(b)

Squid (Ommastrephes spp.-- excluding

500

3

Ommastrephes

sagittatus--,

Nototodarus spp., Sepioteuthis spp.)

and Illex spp., frozen whole, tentacles

and fins, for processing (a)(b)

Herrings (Clupea harengus, Clupea

20.000

0

pallasii), whole, of a weight exceeding

140 g per piece (whole herring) or fillets

of a weight exceeding 80 g per piece

(fillet) including flaps, excluding livers

and roes, fresh, chilled or frozen,

for

processing (a)(b)

09.2790

ex 1604 14 16

10

Fillets known as “loins” of

tunas and

2.500

6

skipjack, for processing (a)(b)

01.04. -

31.12.99

01.04. -

31.12.99

01.11. -
31.12.99

01.04 -
31.12.99

(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 operations) 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.

6

FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Proposal
for
administration of Community tariff quotas, for certain fishery products.

for Council Regulation opening

providing

and

the

2.

BUDGET HEADING INVOLVED

Chap. 12 Art. 120

3.

LEGAL BASIS

Art. 28 of the Treaty

4.

4.1

5.

5.1

DESCRIPTION OF OPERATION

General objective

To ensure an adequate supply for Community user industries.

FINANCIAL IMPACT

Method of calculating total cost of operation (relation between
individual and total costs)

Description

Variation on
quantities
(Tons)

Variation of the
estimate price

€

(

/tons)

09.2753

09.2756

09.2758

09.2765

+ 4.500
(v. previous:
65.500)

0
(p. previous:
1.176)

- 2.000
(v. previous:
9.000)

0
(p. previous :
1.193)

0
(v. previous:
300)

0
(v. previous:
8.000)

0
(p. previous:
1.496)

0
(p; previous:
2.927)

Variation on
quota duty
(%)

0,7
(d. previous:
3,7)

0,7
(d. previous:
3,7)

0
(d. previous:
0)

0,7
(d. previous:
3,7)

Variation on
normal duty
rate
(%)

0
(d. previous:
12)

0
(d. previous:
12)

0
(d. previous:
10)

0
(d. previous:
13)

7

Assessed variation on duty loss
against the preceding quota

period (

€
)

+ 1.015.476
(previous loss:
6.393.324)

- 139.581
(previous loss:
891.171)

0
(previous loss:
- 14.960)

+ 163.912
(previous loss:
2.370.870)

09.2773

09.2779

09.2780

09.2785

09.2786

09.2788

09.2790

+ 3.000
(v. previous:
9.000)

0
(v. previous:
12.000)

+ 15.000
(v. previous:
5.000)

+ 2.000
(v. previous:
9.000)

0
(v. previous:
500)

+ 7.500
(v. previous:
12.500)

+ 1.300
(v. previous:
1.200)

0
(p. previous:
3.202)

0
(p. previous:
2.199)

0
(p. previous:
1.315)

0
(p. previous:
1.365)

0
(p. previous:
1.365)

0
(p. previous:
350)

0
(p. previous:
3.984)

0
(d. previous:
12)

0
(d. previous:
15)

- 3
(d. previous:
10,5)

0
(d. previous:
8)

0
(d. previous:
8)

0
(d. previous:
15)

0
(d. previous:
24)

0
(d. previous:
0)

- 2,5
(d. previous:
6)

- 2,5
(d. previous:
6)

0
(d. previous:
3,5)

- 0,5
(d. previous:
3,5)

0
(d. previous:
0)

- 2
(d. previous:
8)

+ 1.152.720
(previous loss:
3.458.160)

+ 1.418.355
(previous loss:
2.374.920)

+ 756.125
(previous loss:
295.875)

+ 122.850
(previous loss:
552.825)

+ 3.413
(previous loss:
30.712)

+ 393.750
(previous loss:
656.250)

+ 167.328
(previous loss:
764.928)

Sum of assessed variation on duty loss against the preceding quota period:
+ 4.454.348

€

.

6.

FRAUD PREVENTION MEASURES

Provisions on the management of these tariff quotas include the measures
necessary for preventing frauds and irregularities and protecting against
them.

8