Proposal for a Council Regulation temporarily reducing the autonomous common customs tariff duties for certain tropical fishery products
Date: 2005-07-25
Institutions: European Commission
Subjects: common customs tariff, fishery product, import, tariff reduction, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.7.2005 
COM(2005) 345 final 

2005/0142 (ACC) 

Proposal for a 

COUNCIL REGULATION 

temporarily reducing the autonomous common customs tariff duties for certain tropical 
fishery products 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal/General context 

It is in the interest of the EU to allow importation of certain tropical fishery products in 
2005 at a temporarily reduced customs tariff in order to avoid disruptions of trade. 

•  Existing provisions in the area of the proposal 

Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on 
the Common Customs Tariff1 as last amended by Regulation (EC) No 1810/2004.2 

•  Consistency with other policies and objectives of the Union 

In line with agricultural, fisheries, trade, development and external relations policies.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The Management Committee for Fishery products and the Committee 133 representing 
the interests of Member States were consulted. 

Summary of responses and how they have been taken into account 

The proposed measures are supported by a large majority of Member States. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Experts representing the MS on the Management Committee for Fishery Products 

Methodology used 

Open consultation 

Main organisations/experts consulted 

Experts designated by each of the Member States. 

110 

120 

130 

140 

211 

212 

221 

222 

223 

1 
2 

OJ L 256, 7.9.1987, p. 1. 
OJ L 327, 30.10.2004, p. 1. 

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2249 

Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

225 

226 

230 

305 

310 

329 

331 

332 

Means used to make the expert advice publicly available 

Publication of the Proposal 

•  Impact assessment 

Not applicable 

Proposal not included in the Commission's Working and Legislative Programme 2005. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Proposal  for  a  Council  Regulation  temporarily  reducing  the  common  customs  tariff 
duties on certain tropical fishery products 

•  Legal basis 

Article 133 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

It  is  necessary  to  adopt  interim  measures  to  avoid  disruptions  of  trade  in  certain 
tropical fishery products between supplier countries and the Community. 

This set of measures is in line with the principles set out to simplify the procedures for 
operators  engaged  in  foreign  trade  and  in  accordance  with  the  Commission 
communication concerning autonomous tariff suspensions and quotas (98/C 128/02) 

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341 

342 

•  Choice of instruments 

Proposed instruments: Council regulation. 

Other means would not be adequate for the following reason(s). 

Autonomous  tariff  suspensions  and  reductions  as  well  as  quotas  are  approved  by  the 
Council  acting  on  a  qualified  majority  on  the  basis  of  a  Commission  proposal.  A 
regulation  is  required  to  ensure  direct  applicability  and  uniformity  throughout  the 
Community.  

4)  BUDGETARY IMPLICATION 

401 

Uncollected customs duties 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a sunset clause.  

•  European Economic Area 

533 

560 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2005/0142 (ACC) 

Proposal for a 

COUNCIL REGULATION 

temporarily reducing the autonomous common customs tariff duties for certain tropical 
fishery products 

(Text with EEA relevance) 

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 Commission3, 

Whereas: 

(1) 

(2) 

The Common Customs Tariff is laid down in Council Regulation (EEC) No 2658/87.4 

The  Community  is  a  major  consumer  of  certain  tropical  fishery  products.  It  has  to 
import important quantities of such products in order to satisfy its needs. In order to 
avoid disruptions of trade, it is in the interest of the Community to reduce temporarily 
the Common Customs tariff for the importation of these products. 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  autonomous  Common  Customs  Tariff  duties  as  contained  in  Regulation  (EEC)  No 
2658/87 are reduced, in respect of the products listed in the Annex to this Regulation to the 
rate laid down therein. 

3 
4 

OJ C , , p. . 
OJ L 256, 7.9.1987, p. 1 as last amended by Regulation (EC) No 1810/2004, OJ L 327, 30.10.2004, p. 
1. 

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Article 2 

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

It shall apply from 1 August 2005 to 31 December 2005.  

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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The products for which autonomous Common Customs Tariff duties are reduced from the 1st 
August 2005 till 31 December 2005 

ANNEX  

CN code 

Chapter 3 

Description 

Duty rate 

Fish  and  crustaceans,  molluscs  and  other  aquatic 
invertebrates 

Crustaceans,  whether  in  shell  or  not,  live,  fresh,  chilled, 
frozen,  dried,  salted  or  in  brine;  crustaceans,  in  shell, 
cooked  by  steaming  or  by  boiling  in  water,  whether  or  not 
chilled,  frozen,  dried,  salted  or  in  brine;  flours,  meals  and 
pellets of crustaceans, fit for human consumption 

Shrimps and prawns 

0306 13 50 

Shrimps of the genus Penaeus 

0306 13 80  Other 

Chapter 16 

Preparation  of  meat,  of  fish  or  of  crustaceans,  molluscs  or 
other aquatic invertebrates 

Crustaceans,  molluscs  and  other  aquatic  invertebrates, 
prepared or preserved 

Shrimps and prawns 

1605 20 10 

In airtight containers 

Other 

1605 20 91 

In immediate packing of a net content not exceeding 2 kg 

4.2 

4.2 

7.0 

7.0 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Coucil  Regulation  temporarily  reducing  the  autonomous  common  customs 
tariff duties for certain fishery products 

2. 

BUDGET LINES : 

Chapter and Article: Chap. 12 art. 120 

Amount budgeted for the year concerned: millions 

3. 

(cid:133) 

FINANCIAL IMPACT  

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on revenue 

x 
– the effect is as follows: 

(€ million to one decimal place) 

Budget line  Revenue5 

12  month  period, 
starting dd/mm/aaaa

[Year n] 

Article 120 

Impact on own resources 

01/01/2005 

- 170,6 

4. 

ANTI-FRAUD MEASURES 

Provisions  on  the  management  of  these  suspensions  include  the  measures  necessary  for 
preventing frauds and irregularities and protecting against them. 

5 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 

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5. 

OTHER REMARKS  

Effective from 01.08.2005: 

CN code 

Expected variation in the loss of revenue in relation to the previous period (in €)

0306 13 50  59 546 000 

0306 13 80  28 348 000 

0306 13  

87 894 000  

1605 20 10  1 092 000 

1605 20 91  4 796 000 

1605 20 

 5 890 000 

Total duty loss against the previous annual period: 
(93.784.000 – 23.446.000) = 70.338.000 € net. 

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