Proposal for a Council Regulation suspending the autonomous Common Customs Tariff duties on certain fishery products originating in Ceuta and Melilla
Date: 2004-04-02
Institutions: European Commission
Subjects: CCT duties, Ceuta and Melilla, customs duties, fishery product, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 02.04.2004 
COM(2004)228 final 

2004/0075(ACC) 

Proposal for a 

COUNCIL REGULATION 

suspending the autonomous Common Customs Tariff duties on certain fishery products 
originating in Ceuta and Melilla 

. 

(presented by the Commission) 

EN 

   EN 

 
 
 
 
EXPLANATORY MEMORANDUM 

Since  1995  the  Council  opened  zero-duty  Community  tariff  quotas  for  certain  fishery 
products originating in Ceuta which expired on 31 December 2002. These quotas replaced the 
quotas for Ceuta and Melilla which were opened in accordance with Article 3 (3) of the Act of 
Accession,  concerning  the  Canary  Islands  and  Ceuta  and  Melilla,  and  which  expired  on  31 
December 1992 without being renewed. 

Although, the fish quotas which had been opened by Council Regulation (EC) No 656/2000 
for live fry and juveniles of sea bass and bream and for fresh or chilled sea bass and sea bream 
for the quota years 2000 to 2002 have not been used by any importer, the Kingdom of Spain 
has  asked  to  extend  the  validity  of  these  quotas  and  backed  the  request  with  social  and 
economic arguments on Ceuta, showing the constraints under which its economy is operating 
and the difficulties faced by the local fishing industry. 

Furthermore,  given  the  fact  that  the  European  Communities  and  the  Kingdom  of  Morocco, 
which  surrounds  the  territories  of  Ceuta  and  Melilla  from  the  landside,  have  agreed  to 
suspend  Common  Customs  Tariff  duties  for  a  wide  range  of  fishery  products  originating  in 
Morocco  for  unlimited  period  of  time,  it  is  considered  appropriate  to  grant  the  same 
conditions  to  the  same  products  when  they  originate  in  Ceuta  or  Melilla  in  order  to  avoid 
further discrimination and to improve the competitive situation for the fishery industry located 
in these territories. 

2 

 
 
  
 
2004/0075(ACC) 

Proposal for a 

COUNCIL REGULATION 

suspending the autonomous Common Customs Tariff duties on certain fishery products 
originating in Ceuta and Melilla 

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) 

By  Regulation  (EC)  No  656/20002,  the  Council  opened  zero-duty  Community  tariff 
quotas for certain fishery products originating in Ceuta which expired on 31 December 
2002. 

In  October  2002  Spain  asked  to  extend  the  validity  of  the  quotas  referred  to  in 
Regulation  (EC)  No  656/2000  and  backed  its  request  with  social  and  economic 
arguments  on  Ceuta,  showing  the  constraints  under  which  its  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. 

(3)  With the Council and Commission Decision of 24 January 2000 on the conclusion of 
the Euro-Mediterranean Agreement establishing an association between the European 
Communities and their Member States, of the one part, and the Kingdom of Morocco, 
of  the  other  part3  the  Community  fully  suspended  the  import  duties  of  Common 
Customs  Tariff  (CCT)  for  a  wide  range  of  fishery  products  originating  in  Morocco. 
The  imports  of  these  products  into  the  Community  are  not  subject  to  any  quantity 
limitations and their range is far wider than the range of products which are covered 
by  the  tariff  quotas  opened  for  the  Ceuta.  Considering  that  Morocco  surrounds  the 
territories  of  Ceuta  and  Melilla  from  the  landside,  it  is  appropriate  to  stop  further 
discrimination and to grant Ceuta and Melilla preferential treatment for the same range 
of  fishery  products  in  order  to  provide  for  similar  business  opportunities  and  to 
promote the economic development in those territories. 

1 
2  
3  

OJ C […], […], p. […]. 
OJ L 80 of 31.3.2000, p. 5 
OJ L 70 of 18.3.2000, p. 1 

3 

 
 
  
 
                                                 
(4) 

(5) 

Since the association agreement with Morocco does not foresee any time limits for the 
application of the preferential treatment for the fishery products no time limit should 
be introduced for this Regulation. 

Eligibility  for  the  tariff  suspensions  introduced  by  this  Regulation  is  subject  to  the 
origin  rules  set  out  in  Council  Regulation  (EC)  No  82/2001  of  5  December  2000 
concerning  the  definition  of  the  concept  of  ‘originating  products’  and  methods  of 
administrative co-operation in trade between the customs territory of the Community 
and Ceuta and Melilla4. 

HAS ADOPTED THIS REGULATION: 

The autonomous Common Customs Tariff duties for the products listed in the Annex hereto 
originating in Ceuta and Melilla shall be totally suspended. 

Article 1 

Proof of the products' originating status shall be adduced in accordance with the provisions of 
Regulation EC) No 82/2001. 

Article 2 

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

Article 3 

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

Done at Brussels, 

For the Council 
The President   

4  

OJ L 20 of 20.1.2001, p. 1 

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The  products  originating  in  Ceuta  and  Melilla,  for  which  autonomous  Common  Customs 
Tariff duties are totally suspended. 

ANNEX  

CN code 

Chapter 3 

1604 11 00 

1604 12 

1604 13 90 

1604 14 

1604 15 

1604 16 00 

1604 19 10 

Description 

Fish  and  crustaceans,  molluscs  and  other  aquatic 
invertebrates 

Prepared  or  preserved  fish,  whole  or  in  pieces,  but  not 
minced 

Salmon 

Herrings 

Sardinellas and brisling or sprats 

Tunas, skipjack and bonito (Sarda spp.) 

Mackerel 

Anchovies 

Salmonidae, other than salmon 

1604 19 31 to 1604 19 39 

Fish  of  the  genus  Euthynnus,  other  than  skipjack  (Euthynnus 
(Katsuwonus) pelamis) 

1604 19 50 

Fish of the species Orcynopsis unicolor 

1604 19 91 to 1604 19 98 

Other fish 

1604 20 05 

1604 20 10 

1604 20 30 

1604 20 40 

ex 1604 20 50 

1604 20 70 

1604 20 90 

Other prepared or preserved fish: 

Preparations of surimi 

Of salmon 

Of salmonidae, other than salmon 

Of anchovies 

Of  bonito,  of  mackerel  of  the  species  Scomber  scombrus  and 
Scomber japonicus; of fish of the species Orcynopsis unicolor 

Of tunas, skipjack or other fish of the genus Euthynnus 

Of other fish 

Caviar and caviar substitutes prepared from fish eggs 

5 

 
 
  
 
 
 
 
1604 30 

Caviar and caviar substitutes 

Crustaceans,  molluscs  and  other  aquatic  invertebrates, 
prepared or preserved 

1605 10 00 

1605 20 

1605 30 

1605 40 00 

1605 90 11 

1605 90 19 

1605 90 30 

Crab 

Shrimps and prawns 

Lobster 

Other crustaceans 

Mussels (Mytilus spp., Perna spp.), in airtight containers 

Other mussels 

Other molluscs 

6 

 
 
  
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF OPERATION 

Proposal  for  a  Council  Regulation  suspending  the  autonomous  Common  Customs 
Tariff duties on certain fishery products originating in Ceuta and Melilla 

2. 

BUDGET HEADING(S) INVOLVED 

Chapter 12 Article 120. 

3. 

LEGAL BASIS 

Article 133 of the EC Treaty. 

4. 

DESCRIPTION OF OPERATION 

Suspension  of  the  common  customs  tariff  duties  for  fishery  products  originating  in 
Ceuta and Melilla. 

7. 

FINANCIAL IMPACT 

As no fishery products covered by this proposal have been imported from Ceuta and 
Melilla since 1999 it is impossible to estimate the financial impact of this proposal. 

8. 

FRAUD PREVENTION MEASURES 

Checks on the origin of some of the products covered by this proposal will be carried 
out  in  accordance  with  Commission  Regulation  (EEC)  No  2454/93  laying  down 
provisions for the implementation of the Community Customs Code. 

7