Proposal for a Council Regulation amending Regulation (EC) No 379/2004 as regards the increase of the volumes of tariff quotas for certain fishery products for the period 2004 to 2006
Date: 2006-09-25
Institutions: European Commission
Subjects: fishery product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.9.2006 
COM(2006) 544 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 379/2004 as regards the increase of the volumes of tariff 
quotas for certain fishery products for the period 2004 to 2006 

(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  increase  certain  existing  autonomous  tariff  quotas, 
because  the  processing  industries  in  some  Member  States  are  facing  serious 
difficulties  in  securing  for  themselves  sufficient  Community  supplies  of  certain 
fishery products. In order to overcome the shortage of raw materials, a shortage which 
is exacerbated by a need to adopt strict conservation measures, the industry is using 
substitute products originating from third countries.  

Council  Regulation  (EC)  No  379/2004  of  24 February  2004  (OJ  L  64)  laying  down 
autonomous Community tariff quotas for certain fishery products for the period 2004 
to  2006.  The  proposal  is  to  amend  this  regulation  in  the  course  of  the  year  2006  in 
order to adjust the supply situation to changed circumstances in the catch sector and 
on the import markets . 

•  Existing provisions in the area of the proposal 

Council  Regulation  (EC)  No  379/2004  of  24 February  2004  (OJ  L  64)  laying  down 
autonomous Community tariff quotas for certain fishery products for the period 2004 
to 2006. 

•  Consistency with the other policies and objectives of the Union 

In line with agricultural, fisheries, trade, development and external relations policies. 
It will not be at the expenses of developing countries enjoying a preferential trading 
agreement with the EU, i.e.GSP and ACP regime. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Consultation  of  Member  States  through  the  Management  Committee  for  Fisheries 
Products  and  through  the  Advisory  Committee  on  Fisheries  and  Aquaculture. 
Informal consultative contacts with the EU industry (EU Fish Producers Association, 
Federation of National Organisations of Importers and Exporters of Fish) 

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  Member  States  on  the  Management  Committee  for  Fishery 

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Products  

Methodology used 

Open consultation  

Main organisations/experts consulted 

Experts designated by each of the MS 

Consultation  of  the  Management  Committee  for  Fishery  Products  on  28  February 
2006  and  on  6  April  2006.  Consultation  of  the  Advisory  Committee  for  Fisheries 
(ACFA)  Working  Group  III  Markets  and  Trade  on  15  February  2006.  First  meeting 
with  Community  stakeholders  on  31  January  2006:  EU  Fish  Producers  Association 
(AIPCE) and the Federation of National Organisations of Importers and Exporters of 
Fish (CEP). Second meeting with AIPCE/CEP on 20 March 2006. 

Summary of advice received and used 

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

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 2006 

3) LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

Proposal for a Council Regulation amending Regulation (EC) No 379/2004 opening 
and providing for the management of autonomous Community tariff quotas for certain 
fishery products for the period 2004 to 2006 

•  Legal basis 

Art 26 of the EC Treaty 

• 

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): 

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It  is  necessary  to  adopt  measures  to  alleviate  serious  supply  shortages  of  the 
processing industry for the remainder of 2006.  

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

•  Choice of instruments 

Proposed instruments: regulation. 

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

By  virtue  of  Article  26  of  the  EC  Treaty,  autonomous  tariff  suspensions  and  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 

Uncollected customs duties with a total amount of € 10 247 777. 

5) ADDITIONAL INFORMATION 

•  European Economic Area 

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

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 379/2004 as regards the increase of the volumes of tariff 
quotas for certain fishery products for the period 2004 to 2006 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 26 thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

To ensure an adequate supply of certain fishery products to the Community processing 
industries,  autonomous  Community  tariff  quotas  have  been  laid  down  in  Council 
Regulation  (EC)  No  379/2004  of  24  February  2004  opening  and  providing  for  the 
management of autonomous Community tariff quotas for certain fishery products for 
the period 2004 to 2006.2 

The  processing  industries  in  some  Member  States  are  facing  serious  difficulties  in 
securing for themselves sufficient Community supplies of certain fishery products. In 
order  to  overcome  the  shortage  of  raw  materials,  the  industry  is  using  substitute 
products originating from third countries. 

It is therefore appropriate to increase the volumes of tariff quotas for certain products 
laid down in Regulation (EC) No 379/2004 for the current quota period which ends in 
2006.  

(4) 

Regulation (EC) No 379/2004 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In the Annex to  Regulation (EC) No 379/2004 the rows relating to order  numbers 09.2759, 
09.2761, 09.2770, 09.2785, 09.2790 and 09.2794 are replaced by the text set out in the Annex 
to this Regulation.  

1 
2 

OJ C […],[…], p.[…]. 
OJ L 64, 2.3.2004, p. 7. 

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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. 

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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09.2759 

ex 0302 50 10 

ex 0302 50 90 

ex 0303 60 11 

ex 0303 60 19 

ex 0303 60 90 

09.2761 

ex 0304 20 91 

ex 0304 20 94 

ex 0304 90 97 

09.2770 

ex 0305 63 00 

09.2785 

ex 0307 49 59 

ex 0307 99 11 

09.2790 

ex 1604 14 16 

09.2794 

ex 1605 20 99 

20 

10 

10 

10 

10 

10 

41 

81 

60 

86 

10 

10 

10 

20 

30 

95 

45 

ANNEX 

Cod  (Gadus  morhua,  Gadus 
ogac, Gadus macrocephalus), 
excluding 
livers  and  roes, 
fresh,  chilled  or  frozen,  for 
processing (a)(b) 

70.000 

0 

1.1.2004-
31.12.2006 

Blue  grenadier  (Macruronus 
spp.),  frozen  fillets  and  other 
meat, for processing (a)(b) 

20.000 

0 

1.1.2004-
31.12.2006 

Anchovies 
(Engraulis 
anchoita),  salted  or  in  brine, 
but  not  dried  or  smoked,  for 
processing (a)(b) 

squid 
Tubes 
of 
spp. 
– 
(Ommastrephes 
excluding 
Ommastrephes 
sagittatus  –,  Nototodarus 
spp.,  Sepioteuthis  spp.)  and 
Illex  spp.,  frozen,  with  skin 
and fins, for processing (a)(b) 

Fillets  known  as  ‘loins’  of 
tunas 
for 
processing (a)(b) 

skipjack, 

and 

Shrimps  and  prawns  of  the 
species  Pandalus  borealis, 
cooked 
for 
processing (a)(b) 

and  peeled, 

8.000 

0 

1.1.2004-
31.12.2006 

40.000 

3.5 

1.1.2004-
31.12.2006 

5.500 

10.000 

6 

6 

1.1.2004-
31.12.2006 

1.1.2004-
31.12.2006 

(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. 
(b) This quota is available for  products intended to undergo any  operation, unless it is solely for  one or more of the following 
operations: 
— cleaning, gutting, tailing, heading, 
— cutting (excluding dicing, filleting, production of flaps or cutting of frozen blocks or splitting of frozen interleaved fillet blocks), 
— sampling, sorting, 
— labelling, 
— packing, 
— chilling, 
— freezing, 
— deep freezing, 
— thawing, separation. 
The quota is not available for products intended, in addition, to undergo treatment (or operations) which gives quota entitlement, 
where such treatment (or operations) is (are) carried out at retail or catering level. The reduction of customs duties shall apply 
only to fish intended for human consumption. 

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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  Council  Regulation  amending  Regulation  (EC)  No 379/2004  opening  and 
providing  for  the  management  of  autonomous  Community  tariff  quotas  for  certain  fishery 
products for the period 2004 to 2006 

2. 

BUDGET LINES: 

Chapter and Article: Chap. 12 art. 120 

Amount budgeted for the year 2006: 12.905,4 millions/year 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

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

x 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget 
line 

Revenue3 

Year 2006 

Article 120 

Impact on own resources 

- 10.3/year 

4. 

ANTI-FRAUD MEASURES 

Checks on the end-use of some of the products covered by this Council Regulation 
will be carried out in accordance with Articles 291 to 300 of Commission Regulation 
(EEC) No 2454/93 laying down provisions for the implementation of the Community 
Customs Code.  

5. 

OTHER REMARKS  

This  proposal  contains  the  amendments  which  must  be  made  to  the  annex  to  the 
existing Regulation in order to take account of the following: 

3 

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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1. 

2. 

requests for increases of autonomous tariff quotas which have been presented 
and accepted; 

changes of the fishing possibilities and developments on the market resulting in 
supply shortages 

Estimated cost of this operation 

Taking  available  statistics  (2004  and  2005)  as  a  basis,  the  impact  on  the  loss  of 
revenue resulting from this Regulation may therefore be estimated at 10.2 MEUR for 
the remainder of the year 2006 (see Annex) 

Order No 

Variation in 
quota volume 
(unit/tonnes) 

Estimated 
price (€ per 
tonne) 

Conventional 
duty (%) 

(2006 CCT) 

Quota duty 

(%) 

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

09.2759 

20.000 

2.374 

12 

09.2761 

5.000 

1.865 

09.2770 

6.000 

09.2785 

10.000 

09.2790 

09.2794 

1.500 

3.000 

1.446 

2.421 

3.414 

4.836 

7.5 + 15 
(average = 
11.25) 

10 

8 

24 

20 

0 

0 

0 

3.5 

6 

6 

5.679.600 

1.049.062 

867.600 

1.936.800 

1.229.040 

2.901.600 

Total loss of revenue in relation to previous quota amounts: (€ 13.681.702,50 – € 3.420.425,63) = € 10.261.276,88 net. 

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