Proposal for a Council Regulation opening and providing for the administration of autonomous Community tariff quotas for certain fishery products
Date: 2000-02-25
Institutions: European Commission
Subjects: fishery product, import, supply, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.02.2000
COM(2000) 101 final

Proposal for a

COUNCIL REGULATION

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
2000.

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 2000 for periods extending to 31 December 2000 in
order to allow planning of supply to the industry without destabilizing the
revenue of Community producers.

This is the purpose of the following proposal

2

Proposal for a

COUNCIL REGULATION

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 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

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, in order not 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.

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.

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.

(4)

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

3

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:

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 by the Member States 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

1

2

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1662/99
(OJ L 197, 29.7.1999, p. 25).
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

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 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

CN code

TARIC
code

ANNEX

Description

Order
No

09.2753

09.2756

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
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

09.2785

ex 0307 49 59
ex 0307 99 11

09.2786

ex 0307 49 59
ex 0307 99 11

Amount
of quota
(in tons)
90.000

Quota
duty
(%)
3

Quota
period

01.04. -
31.12.2000

8.000

300

8.000

12.000

3

0

0

0

16.000

20.000

3,5

3,5

11.000

3,5

01.04. -
31.12.2000

01.04. -
31.12.2000

01.04. -
31.12.2000

01.04.-
31.12.2000

01.04. -
31.12.2000
01.04. -
31.12.2000

01.04. -
31.12.2000

500

3

01.04. -
31.12.2000

20
10
10
10
10
10
10
10
10
10
10

20

20
25
29
10

10
11
91

10

10
60

10
10

20
20

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

and

and

prawns

Cod (Gadus morhua, Gadus ogac,
Gadus macrocephalus) and fish
of the species Boreogadus saida,
excluding livers and roes, frozen,
for processing (a)(c)
(Gadus morhua,
livers
Cod
Gadus
Gadus
ogac,
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)
the
Shrimps
of
species Pandalus borealis,
in
shell, fresh, chilled or frozen, for
processing (a)(b)
Surimi,
frozen,
(a)(b)
blue
Frozen
(Macruronus
and other
grenadier, for processing (a)(b)
Tubes of squid (Ommastrephes
Ommastrephes
spp.--excluding
sagittatus--, Nototodarus
spp.,
Sepioteuthis spp.) and Illex spp.,
frozen, for processing (a)(b)
--
Squid (Ommastrephes
Ommastrephes
excluding
sagittatus--, Nototodarus
spp.,
Sepioteuthis spp.) and Illex spp.,
frozen whole, tentacles and fins,
for processing (a)(b)

fillets
grenadier
novaezealandiae)
frozen meat of blue

for processing

spp.

6

09.2788

ex 0302 40 00
ex 0303 50 00
ex 0304 10 97
ex 0304 90 22

09.2790

ex 1604 14 16

09.2792

ex 1604 12 99

10
10
20
10

20
95
10

09.2794

ex 1605 20 99

45

harengus,
(Clupea
Herrings
Clupea pallasii), whole, head
included, of a weight exceeding
140 g per piece or
flaps of a
weight exceeding 80 g per piece ),
excluding livers and roes, fresh,
chilled or frozen, for processing
(a)(b)
Fillets known as “loins” of tunas
and skipjack, for processing (a)(b)
Herrings, spiced/vinegar cured, in
brine, preserved in barrels of at
least 70 kg net drained weight, for
processing (a)(b)
the
and
Shrimps
species
borealis;
Pandalus
cooked and peeled, for processing
(a)(b)

prawns

of

20.000

0

01.11. -
31.12.2000

4.000

5.000

5.000

6

6

6

01.04 -
31.12.2000
01.04 -
31.12.2000

01.04 -
31.12.2000

(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 filleting or cutting of frozen blocks or splitting of
frozen interleaved fillet blocks),

sampling, sorting,

labelling,

packing,

chilling,

freezing,

deep freezing,

thawing, separation.

to undergo
The quota is not available for products intended,
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.

in addition,

(c)

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

7

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 (1210 + 1060)

3.

LEGAL BASIS

Art. 26 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)

Descriptio
n

Variation on
quantities
(Tons)

Variation of
the estimate
€
/unit)
price (

09.2753

09.2756

09.2758

09.2765

09.2773

09.2779

+ 15.000
(v. previous:
75.000)
0
(v. previous:
8.000)
0
(v. previous:
300)
0
(v. previous:
8.000)
0
(v. previous:
12.000)
+1.000
(v. previous:
15.000)

0
(p. previous:
1.176)
0
(p. previous :
1.193)
0
(p. previous:
1.496)
0
(p; previous:
2.927)
0
(p. previous:
3.202)
0
(p. previous:
2.199)

Variation
on normal
duty rate
(%)
0
(d. previous:
12)
0
(d. previous:
12)
0
(d. previous:
10)
0
(d. previous:
13)
0
(d. previous:
12)
0
(d. previous:
15)

8

Variation on
quota duty
(%)

Assessed variation on duty
loss against the preceding
quota period (

€

)

0
(d. previous: 3)

+ 1.587.600
(previous loss: 7.938.000)

+0,5
(d. previous: 2,5)

- 47.720
(previous loss: 906.680)

0
(d. previous: 0)

0
(previous loss: 44.880)

- 2,5
(d. previous: 2,5)

+ 585.400
(previous loss: 2.458.680)

0
(d. previous: 0)

0
(previous loss: 3.458.160)

0
(d. previous: 3,5)

+ 252.885
(previous loss: 3.793.275)

09.2780

09.2785

09.2786

09.2788

09.2790

09.2792

09.2794

0
(v. previous:
20.000)
0
(v. previous:
11.000)
0
(v. previous:
500)
0
(v. previous:
20.000)
+ 2.800
(v. previous:
1.200)
+1.000
(v. previous:
4.000)
+ 1.000
(v. previous:
4.000)

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
(p. previous:
1.160)
0
(p. previous:
733)

0
(d. previous:
7,5)
0
(d. previous:
8)
0
(d. previous:
8)
0
(d. previous:
15)
0
(d. previous:
24)
0
(d. previous:
20)
0
(d. previous:
20)

0
(d. previous: 3,5)

0
(previous loss: 820.500)

0
(d. previous:3,5)

0
(previous loss: 675.675)

0
(d. previous: 3)

0
(previous loss: 34.125)

0
(d. previous: 0)

0
(previous loss: 1.050.000)

0
(d. previous: 6)

+ 2.007.936
(previous loss: 860.544)

0
(d. previous: 6)

+ 162.400
(previous loss: 1.050.000)

0
(d. previous: 6)

+ 102.320
(previous loss: 410.780)

Sum of assessed variation on duty loss against the preceding quota period:
+ 4.650.821

€

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.

9