Proposal for a Council Regulation amending Regulation (EC) No 992/95 as regards tariff quotas for certain agricultural and fishery products originating in Norway
Date: 2003-07-07
Institutions: European Commission
Subjects: Norway, agricultural product, customs duties, customs regulations, fishery product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.07.2003
COM(2003)401 final

2003/0145(ACC)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 992/95 as regards tariff quotas for certain agricultural
and fishery products originating in Norway

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Community  has  negotiated  with  Norway  new  tariff  concessions  for  certain  agricultural
products,  in  complement  to  the  existing  preferential  tariff  arrangements  with  that  country.
These  concessions  are  the  subject  of  an  agreement  in  the  form  of  an  exchange  of  letters.
Annex  V  to  that  agreement  commits  the  Community  to  opening  a  number  of  tariff  quotas.
Council Regulation (EC) No 992/95 provides a vehicle for opening Community tariff quotas
for agricultural products originating in Norway.

The  purpose  of  the  present  proposal  is  to  amend  Regulation  (EC)  No  992/95  in
implementation of that commitment.

2

2003/0145(ACC)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 992/95 as regards tariff quotas for certain agricultural
and fishery products originating in Norway

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 Commission,

Whereas:

(1)

(2)

(3)

(4)

1

2

3

Pursuant  to  Council  Regulation  (EC)  No  992/95  of  10  April  1995  opening  and
providing  for  the  administration  of  Community  tariff  quotas  for  certain  agricultural
and  fishery  products  originating  in  Norway1,  Community  tariff  quotas  have  been
opened  for  certain  agricultural  and  fishery  products  originating  in  Norway.  Those
quotas  were  granted  under  the  Agreement  between  the  European  Economic
Community and the Kingdom of Norway concluded on 14 May 19732.

By  an  agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community  and  the  Kingdom  of  Norway  and  approved  by  Decision  …  3,  the  two
parties  have  agreed  to  additional  bilateral  trade  concessions  concerning  agricultural
products.  By  virtue  of  that  agreement  the  Community  has  undertaken  to  open,  each
year and subject to certain conditions, annual tariff quotas at a zero duty for a number
of products originating in Norway.

The  tariff  quotas  in  question  should  accordingly  be  opened  from  1  January  to  31
December each year. For the first calendar year of application of this Regulation, the
full  annual  volume  should  be  reduced  in  proportion  to  the  part  of  the  quota  period
elapsed before the opening of the quotas.

The volume of the tariff quotas under order numbers 09.0785 and 09.0786 should be
converted into euros. The amounts of euros should be fixed in accordance with Article
18(2) of Council Regulation (EEC)  No  2913/92 of 12  October 1992  establishing the

OJ  L  101,  4.5.1995,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  3061/95  (OJ  L  327,
30.12.1995, p. 1).
OJ L 171, 27.6.1973, p.1.
OJ L ………

3

                                                
Community  Customs  Code4,  using  the  rate  for  the  Norwegian  krone  published  on  1
October 2002 in the Official Journal of the European Communities5.

(5)

As of 1 January 2004, it is intended to manage the tariff quotas for products of CN-
code  0204  on  the  basis  of  Council  Regulation  (EC)  No  2529/2001  of  19  December
2001  on  the  common  organisation  of  the  market  in  sheepmeat  and  goatmeat6.
Therefore the tariff quota for those products originating in Norway should be managed
under the arrangements established by Regulation (EC) No 992/95 only until the end
of the year 2003. For the remaining months of the year 2003, provision should already
be made, with regard to the importation of those products, that a document of origin be
presented  in  accordance  with  the  provisions  established  on  the  basis  of  Regulation
(EC) No 2529/2001.

(6)

It is therefore necessary to amend Regulation (EC) No 992/95 accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

1. The following paragraph is added to Article 1 of Regulation (EC) No 992/95:

"4.  However,  by  way  of  derogation  from  paragraph  3,  with  regard  to  products  of  CN-code
0204,  importers  shall  present  a  document  of  origin  in  accordance  with  the  provisions
established on the basis of Article 16(1) and (4) of Regulation (EC) No 2529/2001."

2. Annex I to Regulation (EC) No 992/95 is amended in accordance with the Annex  to this
Regulation.

Article 2

1.

2.

For 2003 the annual volume of the tariff quotas provided for in Regulation (EC) No
992/95 as amended in accordance with the Annex to this Regulation shall be reduced
in  proportion  to  the  part  of  the  quota  period  in  whole  months  which  has  elapsed
before the date provided for in the second paragraph of Article 3. The figure resulting
from this calculation shall be rounded up to the next complete unit.

For 2003, the volume opened for the tariff quota under order number 09.0761 shall
be 770 tonnes.

Article 3

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

It shall apply from 1 July 2003.

4

5

6

OJ L 302, 19.10.1992, p.1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311,
12.12.2000, p. 17).
OJ C 235, 1.10.2002, p.1.
OJ L 341, 22.12.2001, p.3.

4

                                                
However, with regard to products of CN-code 0204, this Regulation shall apply only until 31
December 2003.

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

Done at Brussels,

For the Council
The President

5

ANNEX

Annex I to Regulation (EC) No 992/95 is amended as follows:

(1)

After “Products originating in Norway” the following note is inserted:

"Notwithstanding the rules for the interpretation of the Combined Nomenclature, the
wording of the description of the products is to be considered as having no more than
indicative value, the preferential scheme being determined, within the context of this
Annex,  by  the  coverage  of  the  CN  code.  Where  ex  CN  codes  are  indicated,  the
preferential  scheme  is  to  be  determined  by  application  to  the  CN  code  and
corresponding description taken together."

(2)

The table is amended as follows:

The title of the fourth column is replaced by "Amount of quotas (tonnes unless

(a)
otherwise specified)".

The  rows  with  respect  to  order  numbers  09.0757,  09.0761  and  09.0762  are

(b)
replaced by the following:

09.0757

ex0809 20

Cherries,  fresh,  from  16  July  to  31
August

900

Free (3)

09.0761

ex0810 10 00 Strawberries,  fresh,  from  9  June  to  31

900

Free

July

09.0762

ex0810 10 00 Strawberries,  fresh,  from  1  August  to  15

900

Free

September

(3) The additional specific duty is applicable.

(c)

The following items are inserted:

Meat  of  sheep  or  goats,  fresh,  chilled  or
frozen

300 11

Free

"09.0781

0204 10 00
0204 21 00
0204 22
0204 23 00 7
0204 30 00
0204 41 00
0204 42
0204 43 10 8
0204 43 90 9

7

8

9

10

11

The amount of a drawing request is determined by multiplying the net weight of the products by a co-
efficient of 1.67 (meat of lamb) or 1.81 (meat of sheep other than lamb).
The amount of a drawing request is determined by multiplying the net weight of the products by a co-
efficient of 1.67.
The amount of a drawing request is determined by multiplying the net weight of the products by a co-
efficient 1.81.
The amount of a drawing request is determined by multiplying the net weight of the products by a co-
efficient of 1.67 (meat of kid) or 1.81 (meat of goat other than kid).
Carcase weight.

6

                                                
0204 50 11
0204 50 13
0204 50 15
0204 50 19
0204 50 31
0204 50 3910
0204 50 51
0204 50 53
0204 50 55
0204 50 59
0204 50 71
0204 50 7910
0210

09.0782

09.0783
09.0784
09.0785
09.0786

0705 11 00
0705 19 00
0602 90 51
0602 90 70

09.0787

1601

Meat and edible meat offal, salted, in
brine, dried or smoked; edible flours and
meals of meat or meat offal
Cabbage lettuce
Other lettuce
Perennial plants
Indoor plants :
rooted  cuttings 
excluding cacti
Sausages and similar products, of meat,
meat offal or blood; food preparations
based on these products

and  young  plants,

200

Free

300
300
€ 136 212
€ 544 848

Free
Free
Free
Free

300

Free

7

FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Proposal for a Council regulation amending Regulation (EC) No 992/95 opening and
providing for  the administration of Community  tariff  quotas  for  certain  agricultural
and fishery products originating in Norway.

2.

BUDGET HEADING(S) INVOLVED

Chapter 10 – Agricultural duties

3.

LEGAL BASIS

Article 133 of the Treaty

4.

DESCRIPTION OF OPERATION

Implementation  of  the  proposal  for  a  Council  Decision  on  the  conclusion  of  the
agreement in the form of  an exchange  of  letters  between  the  European Community
and the Kingdom of Norway concerning certain agricultural products

5.

FINANCIAL IMPACT

This  Regulation  does  not  entail  any  financial  losses  or  gains,  other  than  those
foreseen  in  the  financial  statement  made  on  the  occasion  of  the  above-mentioned
Council Decision.

6.

FRAUD PREVENTION MEASURES

Provisions  on  the  management  of  tariff  quotas  include  the  measures  necessary  for
preventing fraud and irregularities.

8