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
Date: 2004-06-18
Institutions: European Commission
Subjects: Norway, agricultural product, customs duties, customs regulations, fishery product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.6.2004 
COM(2004) 433 final 

2004/0130 (ACC) 

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 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

By  its  Decision  2004/368/EC,  the  Council  approved  the  EEA  “enlargement”  package, 
including  an  Additional  Protocol  to  the  EC-Norway  Free  Trade  Agreement  of  1973.  This 
Additional  Protocol,  inter  alia,  provides  for  the  opening  of  Community  tariff  quotas  for 
certain fishery products (OJ L 130, 29.4.2004, page 89). 

To  implement  these  new  tariff  quotas,  Council  Regulation  (EC)  No 992/95  should  be 
amended in accordance with the annexed proposal. 

This is the purpose of the present proposal. 

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2004/0130 (ACC) 

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 

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 (1), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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 Norway (2), Community tariff quotas were opened 
for such products. 

Participation  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary, 
Malta,  Poland,  Slovakia  and  Slovenia  (hereinafter:  ‘the  Acceding  States’)  in  the 
European Economic Area was agreed by means of the EEA Enlargement Agreement, 
signed  between  the  Community  and  its  Member  States,  Iceland,  Liechtenstein,  and 
Norway and the Acceding States on 14 October 2003. 

Pending  the  completion  of  the  procedures  required  for  the  adoption  of  the  EEA 
Enlargement  Agreement,  an  Agreement  in  the  form  of  an  exchange  of  letters  was 
agreed,  which  provides  for  a  provisional  application  of  the  EEA  Enlargement 
Agreement. That Agreement has been approved by Council Decision 2004/368/EC3. 

The  EEA  Enlargement  Agreement  provides  for  an  Additional  Protocol  to  the  EC-
Norway  Free  Trade  Agreement  of  1973  hereinafter:  "the  Protocol",  which  provides 
for the opening of new Community tariff quotas for certain fishery products. Those 
new tariff quotas should be opened. 

The  Protocol  provides  that  drawings  on  two  new  tariff  quotas  are  stopped  on  15 
October  of  each  year  from  2005,  so  that  any  unused  balance  is  made  available 
exclusively to imports at the end of the year. 

(1) 
(2) 

(3) 

OJ C , , p. . 
OJ  L 101,  4.5.1995,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1329/2003  (OJ  L  187, 
26.7.2003, p.1).. 
OJ L 130, 29.4.2004, p.1. 

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(6) 

(7) 

Regulation (EC) No 992/95 should therefore be amended accordingly. 

Since the EEA Enlargement Agreement has effect from 1 May 2004, this Regulation 
should be applicable from the same date and should enter into force without delay, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 992/95 is amended as follows; 

(1) 

The following Article 2a is inserted: 

“Article 2a 

From  2005,  on  15 October  of  each  year,  drawings  on  the  subquotas  with  order 
numbers 09.0760 and 09.0763 shall be stopped. 

On  the  following  working  day,  the  unused  balances  of  those  quotas  shall  be  made 
available for imports declared from 1 October of that year within the framework of the 
subquota with the order number 09.0778 for that year. 

From 15 October onwards of each year, any drawings subsequently returned because 
they  are  unused  shall  be  made  available  only  to  imports  declared  from  1 October  of 
that year.” 

(2) 

Annexes I and II are amended in accordance with the Annex to this Regulation. 

Article 2 

For  2004,  the  annual  volumes  of  the  tariff  quotas  with  order  numbers  09.0752, 
1. 
09.0756 and 09.0758 shall be reduced in proportion to the part of the quota period in whole 
weeks which has elapsed before the date provided in the second paragraph of Article 3. 

For 2004, the tariff quota with order number 09.0754 shall be opened, for the period 

2. 
from 15 June to 31 December, for a volume of 24 800 tonnes. 

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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 May 2004. 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 

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

(1) 

the following items are inserted into Annex I: 

Order No 

CN code (1) 

Description 

“09.0752 

ex 0303 50 00 

Herrings  of  the  species  Clupea  harengus  or  Clupea  pallasii, 
frozen, 
industrial 
manufacture (a)(2) 

excluding 

livers 

roes, 

and 

for 

Amount of 
quotas 
(tonnes unless 
otherwise 
specified) 

44 000 

09.0754 

ex 0303 74 30 

Mackerel  of  the  species  Scomber  scombrus  or  Scomber 
japonicus,  frozen,  excluding  livers  and  roes,  for  industrial 
manufacture (a)(2) 

09.0760 

ex 0303 74 30 

09.0763 

ex 0303 74 30 

09.0778 

ex 0303 74 30 

15.6. – 31.12.2004 

24 800 

from 2005 to 2009: 

1.1. – 14.2. 

7 500 

15.6. – 30.9. 

7 500 

1.10. – 31.12. 

15 500 

09.0756 

0304 20 75 

Fillets of herring (Clupea harengus, Clupea pallasii), frozen 

67 000 

ex 0304 90 22 

Flaps  of  herring 
manufacture (a)(2) 

(butterflies), 

frozen, 

for 

industrial 

09.0758 

ex 1605 20 10 

Shrimps  and  prawns,  peeled  and 
containers (3) 

frozen, 

in  airtight 

2 500 

Quota duty 
(%) 

0 

0 

0 

0 

(a) 

(1) 

(2) 

(3) 

Entry under this subheading is subject to the conditions laid down in the relevant Community provisions (see Articles 291 
to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1)). 

See Taric codes in Annex II. 

The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period from 
15 February to 15 June. 

The additional quota for frozen peeled shrimps and prawns (CN code 1605 20 10) shall be opened upon settlement of the 
issue of allowing for the transit, of fish and fisheries’ products landed in Norway by Community vessels, through Norway 
to the Community.” 

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(2) 

the following items are inserted into Annex II: 

Order No 

CN codes 

TARIC codes 

“09.0752 

ex 0303 50 00 

0303 50 00 20 

09.0754 

ex 0303 74 30 

0303 74 30 11 
0303 74 30 91 

09.0756 

09.0758 

ex 1605 20 10 

ex 0304 90 22 

0304 90 22 20 

09.0760 

ex 0303 74 30 

09.0763 

ex 0303 74 30 

09.0778 

ex 0303 74 30 

1605 20 10 20 
1605 20 10 91 

0303 74 30 11 
0303 74 30 91 

0303 74 30 11 
0303 74 30 91 

0303 74 30 11 
0303 74 30 91” 

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FINANCIAL STATEMENT 

DATE:  

1. 

2. 

3. 

4. 

5. 

6. 

BUDGET HEADING: 
Chapter 12 Article 120 
TITLE: 
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 
LEGAL BASIS: 
Article 133 of the Treaty, and Article 5(2) of Council Regulation (EC) No 992/95 
AIMS: 
To implement the new Community duty-free tariff quotas for certain fishery products provided in the 
Additional Protocol to the EC-Norway Free-Trade Agreement approved by Council Decision 
2004/368/EC 
FINANCIAL IMPLICATIONS: 
This Regulation does not entail any financial losses or gains other than those in the financial statement 
made on the occasion of the above-mentioned Council Decision. 
FRAUD-PREVENTION MEASURES: 
Provisions for the management of tariff quotas include the measures necessary for preventing fraud and 
irregularities (application of the controls provided in the Community Customs Code and its 
implementing provisions) 

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