Council Regulation (EC) No 975/2003 of 5 June 2003 opening and providing for the administration of a tariff quota for imports of canned tuna covered by CN codes 16041411, 16041418 and 16042070
Date: 2003-06-05
Institutions: Council of the European Union
Subjects: Indonesia, Philippines, Thailand, import (EU), originating product, preserved product, sea fish, tariff quota

7.6.2003

EN

Official Journal of the European Union

L 141/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 975/2003

of 5 June 2003

opening and providing for the administration of a tariff quota for imports of canned tuna covered
by CN codes 1604 14 11, 1604 14 18 and 1604 20 70

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

In November 2001 the Community, Thailand and the
Philippines agreed to hold consultations to examine to
what extent the Thai and the Philippine legitimate inter-
ests were being unduly impaired as a result of the imple-
mentation of the preferential tariff treatment for canned
tuna originating in ACP States. Following the failure to
achieve a mutually acceptable solution, the Community,
Thailand and the Philippines agreed to refer the matter
to mediation. On 20 December 2002 the mediator
presented its opinion whereby the Community should
open a MFN-based tariff quota of 25 000 tons for 2003
at an in-quota tariff rate of 12 % ad valorem.

Given its desire to resolve this long-standing problem,
the Community has decided to accept
this proposal.
Therefore, an additional tariff quota for a limited volume
of canned tuna should be opened.

It is appropriate to allocate country specific shares of the
quota to those countries having a substantial interest in
supplying canned tuna, on the basis of the quantities
supplied by each of them under non-preferential condi-
time. The
tions during a representative period of
remaining part of the quota should be available to all
other countries.

The best way of ensuring optimal use of the tariff quota
is to allocate it in the chronological order of the dates
on which declarations of release for free circulation are
accepted.

In order to ensure that the quota is administered effi-
ciently, presentation of a certificate of origin should be
required for imports of canned tuna from Thailand, the
Philippines and Indonesia, the main suppliers and the
main beneficiaries of the quota.

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1),

HAS ADOPTED THIS REGULATION:

Article 1

From 1 July 2003,
imports of canned tuna covered by CN
codes 1604 14 11, 1604 14 18 and 1604 20 70 originating in
any country shall be eligible for a tariff rate of 12 per cent
within the limits of the tariff quota opened in accordance with
this Regulation.

Article 2

The tariff quota shall be opened annually for an initial period
of five years. Its volume for the first two years shall be fixed as
follows:

— 25 000 tons from 1 July 2003 to 30 June 2004,

— 25 750 tons from 1 July 2004 to 30 June 2005.

Article 3

The tariff quota shall be divided into four parts, as follows:

(a) a quota of 52 % of the annual volume, with the order
number 09.2005, for imports originating in Thailand; and

(b) a quota of 36 % of the annual volume, with the order
number 09.2006, for imports originating in the Philippines;
and

(c) a quota of 11 % of the annual volume, with the order
number 09.2007, for imports originating in Indonesia; and

(d) a quota of 1 % of

the annual volume, with the order
number 09.2008, for imports originating in other third
countries.

(1) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Union

7.6.2003

Article 4

Article 7

1.
The origin of canned tuna qualifying for the tariff quota
shall be determined in accordance with the provisions in force
in the Community.

Qualification for the share of the tariff quota allocated to
2.
Thailand, the Philippines and Indonesia,
in accordance with
Article 3 shall be subject to presentation of a certificate of
origin meeting the conditions laid down in Article 47 of
Commission Regulation (EEC) No 2454/93 (1).

Certificates of origin shall be accepted only if the products meet
the criteria for determining origin set out in the provisions in
force in the Community.

Article 5

The tariff quota shall be administered by the Commission in
accordance with Articles 308a, 308b and 308c of Regulation
(EEC) No 2454/93.

Article 6

This Regulation may be revised during the second year after
the tariff quota is opened in order to adapt the volume of the
quota to the needs of the Community market. If, however, this
revision is not completed three months before the 30 June
2005, the quota shall be automatically extended for a further
year for a volume of 25 750 tons. Subsequently the tariff quota
shall be extended regularly for one year at a time and for the
same volume unless a revision is adopted not later than three
months before the closure of the current quota.

The measures necessary for the implementation of this Regula-
tion, including the amendments and adjustments required by
amendments to the Combined Nomenclature and the TARIC,
shall be adopted in accordance with the procedure referred to
in Article 8(2).

Article 8

1.
The Commission shall be assisted by the Customs Code
Committee (hereinafter referred to as the Committee) set up by
Article 247a of Council Regulation (EEC) No 2913/92 (2).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 9

into force on the 20th day
This Regulation shall enter
following that of its publication in the Official Journal of the
European Union.

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

Done at Luxembourg, 5 June 2003.

For the Council

The President

M. STRATAKIS

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 881/2003 (OJ L 134, 29.5.2003, p. 1).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-
tion (EC) No 2700/2000 of the European Parliament and of the
Council (OJ L 311, 12.12.2000, p. 17).