Proposal for a Council Regulation opening and providing for the administration of Community tariff quotas for certain fishery products originating in Ceuta
Date: 2000-01-21
Institutions: European Commission
Subjects: CCT duties, Ceuta and Melilla, fishery product, suspension of customs duties, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.1.2000
COM(2000) 13 final

2000/0026 (ACC)

Proposal for a

COUNCIL REGULATION

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

(presented by the Commission)

1.

2.

3.

EXPLANATORY MEMORANDUM

By Council Regulation (EC) No 2622/97 the Council opened tariff quotas for 1998
and 1999 for live fry and juveniles of sea bream and sea bass (CN codes ex 0301 99
90), sea bass (CN code 0302 69 94) and sea bream (CN code 0302 69 95),
originating in Ceuta.

By a letter dated 15th November 1999 the Spanish administration asked the
Commission to extend the validity of these tariff quotas to the year 2000. However,
informal contacts with Member States in the Economic Questions Group of the
Council on 24th November revealed that in view of the protocol on the role of
national parliaments in the European Union (Protocol No 9 of the Amsterdam
Treaty) the Council would not be in a position to adopt an extension of the validity of
Council Regulation (EC) No 2622/97 before 31.12.1999. It is, therefore, necessary to
reopen these quotas by adopting this proposal.

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.

Tariff quotas for these products for 2000, 2001 and 2002 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. As this
regulation can only be adopted in the Council at the beginning of the year 2000, the
quota period for 2000 will run from 1 April to 31 December, with nevertheless a
quota volume for the whole year.

The annual quota volumes are as follows:

Live fry and juveniles of sea bass and sea bream

3 000 000 units

Sea bass and sea bream

100 tonnes

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

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2000/0026 (ACC)

Proposal for a

COUNCIL REGULATION

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
133 thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

1

2

By Regulation (EC) No 2622/972, the Council implemented zero-duty Community
tariff quotas for 1998-99 for live fry and juveniles of sea bass and bream, sea bass and
sea bream originating in Ceuta (Order No 09.0321 and 09.0322);

By letter of 15 November 1999 the Kingdom of Spain has asked to extend the validity
of the quotas referred to in Council Regulation (EC) No 2622/97 to the year 2000;

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. The request is justified as the economic
situation in Ceuta requires the adoption of preferential measures to facilitate its exports
to the Community;

In view of the late transmission of the request it was not possible for the Council to
adopt a Regulation extending the validity of these quotas before 31 December 1999.
These quotas are, therefore, reopened by the present Regulation;

is
In the interests of rationalising implementation of the measures concerned,
appropriate not to limit the validity of these quotas solely to the year 2000 but to
extend it to the end of the year 2002;

it

The quota period should run from 1 January to 31 December each year. As this
regulation will only be applied as of 1 April 2000 the quota period for 2000 should run
from 1 April to 31 December, with nevertheless a quota volume for the whole year;

Commission Regulation (EC) No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Council Regulation (EEC) No 2913/92 establishing the

OJC …, …, p. …
OJ L 354, 30.12.1997, p. 7.

3

Community Customs Code3 codified the management rules for tariff quotas designed
to be used following the chronological order of dates of customs declarations;

(8)

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 2913/924,

HAS ADOPTED THIS REGULATION:

Article 1

In 2000 from 1 April to 31 December and in 2001 and 2002 from 1 January to 31 December,
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:

Order No

CN code

TARIC code

Description

09.0321

ex 0301 99 90

09.0322

0302 69 94
0302 69 95

20

-

fry

sea

of
and

juveniles

Live
and
(Dicentrarchus labrax)
seabreams (Sparus aurata)
Sea bass (Dicentrarchus labrax) and gilt-
head seabreams (Sparus aurata), fresh or
chilled

bass
gilt-head

Amount of
quota
3000000
units

Quota duty
(%)
0

100 tonnes

0

Proof of the products’ originating status shall be adduced in accordance with Article 6 of
Regulation (EEC) No 1135/885.

Article 2

The tariff quota 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 3

3

4

5

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No ? (OJ L , p. ).
OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No ? (OJ L , p. ).
OJ L 114, 2.5.1988, p. 1. Regulation as last amended by Regulation (EEC) No ? (OJ L , p. ).

4

Article 4

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

It shall apply from 1 April 2000.

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

Done at Brussels,

For the Council
The President

5

1.

2.

3.

4.

5.

5.0

5.1

FINANCIAL STATEMENT

DATE: 1.12.1999
APPROPRIATIONS:

BUDGET HEADING:
Chapter 12 – Article 120
TITLE:
Proposal for a council regulation opening and providing for the administration of Community tariff
quotas for certain fishery products originating in Ceuta
LEGAL BASIS:
Article 133 of the Treaty
AIMS:
To promote Ceuta’s economic development
FINANCIAL IMPLICATIONS

12 MONTH
PERIOD

CURRENT
FINANCIAL
YEAR
[n]
(EUR million)

FOLLOWING
FINANCIAL
YEAR
[n+1]
(EUR million)

(EUR million)

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

[n+2]

[n+3]

[n+4]

[n+5]

6.0

6.1

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE
RELEVANT CHAPTER OF THE CURRENT BUDGET?
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF
THE CURRENT BUDGET?

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?
OBSERVATIONS:
This measure does not modify the loss of revenue in relation to the previous quota period as the new regulation
only reopens these quotas for the years 2000 to 2002 since Regulation (EC) No 2622/97 expired on 31.12.1999

YES NO

YES NO
YES NO
YES NO

6