Proposal for a Council Regulation opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2007 to 2009
Date: 2007-06-04
Institutions: European Commission
Subjects: fishery product, supply, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.6.2007 
COM(2007) 289 final 

Proposal for a 

COUNCIL REGULATION 

opening and providing for the management of autonomous Community tariff quotas for 
certain fishery products for the period 2007 to 2009 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal/General context 

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 has ran out on 31.12.2006. The proposal is to introduce a similar regime for 
the years 2007 to 2009 with due regard to the then prevailing supply needs and overall 
circumstances. 

It  is  in  the  interest  of  the  EU  to  increase  certain  existing  autonomous  tariff  quotas, 
since  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. Due to changed supply needs the proposal 
contains  some  new  and  as  the  case  may  be  amended  quotas  while  others  have  not 
been prolonged. 

•  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. 

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•  Collection and use of expertise 

Scientific/expertise domains concerned 

Experts  representing  the  Member  States  in  the  Management  Committee  for  Fishery 
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 6 April 2006, on 
8 June 2006 and on 21. September 2006. Consultation of the Advisory Committee for 
Fisheries  (ACFA)  Working  Group  III  Markets  and  Trade  on  10  October  2006. 
Meeting  with  Community  stakeholders  on  20  March  2006:  EU  Fish  Producers 
Association (AIPCE) and the Federation of National Organisations of Importers and 
Exporters of Fish (CEP).  

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  opening  and  providing  for  the  management  of 
autonomous Community tariff quotas for certain fishery products for the period 2007 
to 2009 

•  Legal basis 

Art 26 of the EC Treaty 

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• 

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 reasons: 

It  is  necessary  to  adopt  measures  to  alleviate  serious  supply  shortages  of  the 
processing industry for the next triennial period beginning in 2007. 

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: 

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 net amount of € 49 467 450. 

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 

opening and providing for the management of autonomous Community tariff quotas for 
certain fishery products for the period 2007 to 2009 

(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) 

(4) 

Community  supplies  of  certain  fishery  products  currently  depend  on  imports  from 
third  countries.  It  is  in  the  Community's  interest  to  suspend  in  part  or  in  whole  the 
customs  duties  for  those  products,  within  Community  tariff  quotas  of  an  appropriate 
volume. In order not to jeopardise the development prospects of those products in the 
Community  and  to  ensure  an  adequate  supply  to  satisfy  user  industries,  such  quotas 
should be opened, applying variable customs duties in accordance with the sensitivity 
of the product in question on the Community market. 

Equal and uninterrupted access to those quotas should be ensured for all Community 
importers and the rates laid down for the quotas should be applied without interruption 
to all imports of the products concerned into all Member States until the quotas have 
been used up. 

To  ensure  the  efficiency  of  a  common  management  of  the  quotas,  Member  States 
should  be  permitted  to  draw  from  the  quota  amount  the  necessary  quantities 
corresponding to their actual imports. Since that method of management requires close 
cooperation  between  the  Member  States  and  the  Commission,  the  latter  should  in 
particular  be  able  to  monitor  the  rate  at  which  the  quotas  are  used  up  and  should 
inform the Member States accordingly. 

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for 
the  implementation  of  Council  Regulation  (EEC)  No  2913/92  establishing  the 
Community Customs Code2 provides for a system of tariff quota management which 
follows  the  chronological  order  of  the  dates  of  acceptance  of  the  declarations  of 
release  for  free  circulation.  The  tariff  quotas  opened  by  this  Regulation  should  be 

1 
2 

OJ C […], […], p. […]. 
OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1875/2006 (OJ L 360, 
19.12.2006, p. 64). 

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managed by the Community authorities and the Member States in accordance with that 
system. 

(5) 

Considering that 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 expired on 31.12.2006 no autonomous tariff quotas were available for 
the period between 1.1.2007 and the entry into force of this Regulation. Furthermore, 
given  the  fact  that  all  quotas  opened  by  this  Regulation  are  subject  to  end  use 
conditions  in  order  to  benefit  from  the  favourable  tariff  treatment  a  retro-active 
implementation  of  this  Regulation  is  not  possible.  Therefore,  in  order  to  ensure  a 
certain  continuity  with  the  previous  quota  system,  a  successor  regime  should  be 
foreseen which allows to grant a reduction on import duties for fishery products which 
have been released into free circulation between 1.1.2007 and the entry into force of 
this  Regulation  and  which  takes  due  account  of  the  end  use  conditions  and  the 
available quantities of the specific quotas. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

Import  duties  on  the  products  listed  in  the  Annex  shall  be  suspended,  within  tariff 
quotas, at the rates for the periods, and up to the amounts, indicated therein. 

Imports of the products listed in the Annex shall be covered by the quotas referred to 
in  paragraph  1  only  if  the  declared  customs  value  is  at  least  equal  to  the  reference 
price fixed, or to be fixed, in accordance with Article 29 of Council Regulation (EC) 
No  104/2000  of  17  December  1999  on  the  common  organisation  of  the  markets  in 
fishery and aquaculture products3. 

The tariff quotas referred to in Article 1 shall be managed by the Commission in accordance 
with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93. 

Article 2 

The Member States and the Commission shall cooperate closely to ensure that this Regulation 
is complied with. 

Article 3 

Article 4 

1. 

Customs  duties for  fishery products released into free circulation between 1.1.2007 
and the date of the entry into force of this Regulation which fall within the product 
scope of one of the tariff quotas listed in the Annex may be reduced on request of the 
declarant in accordance with the rates of duty set out therein. 

3 

OJ L 17, 21.1.2000, p. 22 

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2. 

3. 

The  request  shall  be  submitted  within  four  weeks  after  entry  into  force  of  this 
Regulation to the customs office in charge of the release into free circulation of the 
product in question, indicating the quota concerned. It shall be accompanied with all 
relevant documentation which prove beyond any reasonable doubt that the imported 
product  falls  within  the  scope  of  the  quota  and  that  it  had  been  or  will  be  used  in 
accordance  with  the  end  use  conditions  set  out  in  the  Annex  for  the  tariff  quota 
concerned. 

This Article shall apply only where the balance of the relevant tariff quota so permits 
at the date of acceptance of the duly justified request. Articles 308a, 308b and 308c 
of Regulation (EEC) No 2454/93 shall apply mutatis mutandis. 

Article 5 

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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Order No  CN code 

TARIC 
code 

Description 

ANNEX 

Annual 
amount  of 
quota (tons) 

Quota  

Quota period 

duty 

80 000 

0% 

1.1.2007 – 31.12.2009 

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

09.2759 

ex 0302 50 10 

ex 0302 50 90 

ex 0303 52 10 

ex 0303 52 30 

ex 0303 52 90 

09.2765 

ex 0305 62 00 

ex 0305 69 10 

09.2761 

ex 0304 29 91 

ex 0304 29 99 

ex 0304 99 99 

09.2760 

ex 0303 78 11 

ex 0303 78 12 

ex 0303 78 13 

ex 0303 78 19 

20 

10 

10 

10 

10 

20 

25 

29 

10 

10 

41 

81 

60 

81 

10 

10 

10 

11 

81 

ex  0303  78  90 

10 

ex 0303 79 93 

10 

09.2766 

ex  0304  29  99 

71 

ex 0304 99 99 

09.2770 

ex 0305 63 00 

09.2788 

ex 0302 40 00 

ex 0303 51 00 

ex 0304 19 97 

ex 0304 99 23 

09.2792 

ex 1604 12 99 

09.2790 

ex 1604 14 16 

09.2762 

ex 0306 11 10 

ex 0306 11 90 

09.2794 

ex  1605  20  10 
ex 1605 20 99 

91 

10 

10 

10 

10 

10 

10 

20 

30 

95 

10 

10 

50 
45 

Cod  (Gadus  morhua,  Gadus  ogac,  Gadus 
macrocephalus)  and  fish  of  the  species 
Boreogadus  saida,  salted  or  in  brine,  but 
not dried or smoked, for processing (a) (b) 

10 000 

0% 

1.1.2007 – 31.12.2009 

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

20 000 

0% 

1.1.2007 – 31.12.2009 

spp. 

(Merluccius 

Hake 
excluding 
Merluccius  merluccius,  Urophycis  spp.), 
and  Pink  cusk-eel  (Genypterus  blacodes), 
frozen, for processing (a) (b) 

15 000 

0% 

1.1.2007 – 31.12.2009 

Southern  blue  whiting  (Micromesistius 
australis), frozen fillets and other meat, for 
processing (a) (b) 

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

(Clupea 

Herrings 
harengus,  Clupea 
pallasii),  of  a  weight  exceeding  100  g  per 
piece  or  flaps  or  a  weight  exceeding  50  g 
per  piece,  excluding  livers  and  roes,  for 
processing (a) (b) 

Herrings,  spiced  and/or  vinegar-cured,  in 
brine, preserved in barrels of at least 70 kg 
net drained weight, for processing (a) (b) 

Filets  known  as  ‘loins’  of  tunas  and 
skipjack, for processing (a) (b) 

2 000 

0% 

1.1.2007 – 31.12.2009 

10 000 

0% 

1.1.2007 – 31.12.2009 

20 000 

0% 

1.10.2007 – 31.12.2007 

1.10.2008 – 31.12.2008 

1.10.2009 – 31.12.2009 

10 000 

6% 

1.1.2007 – 31.12.2009 

10 000 

6% 

1.1.2007 – 31.12.2009 

lobster 

sea 
Rock 
crawfish(Palinurus  spp.,  Panulirus  spp., 
Jasus spp.), frozen, for processing (a) (b) (c) 

other 

and 

1 500 

6% 

1.1.2007 – 31.12.2009 

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

20 000 

6% 

1.1.2007 – 31.12.2009 

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09.2785 

ex 0307 49 59 

ex 0307 99 11 

09.2786 

ex 0307 49 59  

ex 0307 99 11  

09.2772 

ex 0304 99 10 

09.2774 

ex 0304 29 58 

09.2776 

ex  0304  29  21 
ex  0304  29  29 
ex  0304  99  31 
ex 0304 99 33  

09.2778 

ex 0304 29 99  

ex 0304 99 99  

10 

10 

20 

20 

10 

10 

10 
20 
10 
10 

65 

65 

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

Squid  (Ommastrephes  spp.  —  excluding 
Ommastrephes  sagittatus  —,  Nototodarus 
spp.,  Sepioteuthis  spp.)  and  Illex  spp., 
frozen  whole  or  tentacles  and  fins,  for 
processing (a) (b) 

Surimi, frozen, for processing (a) (b) 

Hake (Merluccius productus), frozen fillets 
for processing (a) (b) 

(Gadus 

Cod, 
Gadus 
macrocephalus),  frozen  fillets  and  meat, 
for processing (a) (b) 

morhua, 

45 000 

0% 

1.1.2007 – 31.12.2009 

1 500 

0% 

1.1.2007 – 31.12.2009 

55 000 

15 000 

0% 

4% 

1.1.2007 – 31.12.2009 

1.1.2007 – 31.12.2009 

20 000 

0% 

1.1.2007 – 31.12.2009 

Sole,  frozen  fillets  and  other  fish  meat, 
(Limanda  aspera,  Lepidopsetta  bilineata, 
Pleuronectes 
for 
processing (a) (b) 

quadrituberculatus) 

5 000 

0% 

1.1.2007 – 31.12.2009 

(a) 

Entry  under  this  subheading  is  subject  to  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 and subsequent amendments). 

(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. 

(c) 

Products  under  CN  codes  0306  11  10  10  and  0306  11  90  10  will,  however,  qualify  for  the  quota  if  they  undergo  one  or  both  of  the 
following operations:  

- 
- 

dividing the frozen lobster, 
subjecting the frozen lobster to heat treatment to enable the removal of internal waste material. 

(d) 

Products under CN code 1605 20 10 50 and 1605 20 99 45 will, however, qualify for the quota if they undergo the following operation:  

- 

subjecting  the  shrimps  and  prawns  to  processed  treatment  by  modified  atmosphere  as  defined  in  the  EU  Additives  Directive 
(95/2/EC of 20 February 1995) 

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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  opening  and  providing  for  the  management  of 
autonomous Community tariff quotas for certain fishery products for the period 2007 
to 2009. 

2. 

BUDGET LINES: 

Chapter and Article: Chap. 12 art. 120 

Amount budgeted for the year 2007: M€ 15.287,9  

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 

Revenue4 

Year 2007 

Article 120 

Impact on own resources 

- 49.5/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  

Due to the fact that the predecessor autonomous tariff quota  regime has ran out  on 
31 December  2006  the  proposal  is  to  provide  continuity  and  introduce  a  similar 
regime with due regard to the prevailing supply needs and overall circumstances. 

4 

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

1. 

2. 

Requests for increases and amendments of product descriptions 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  most  recent  complete  statistics  (2005)  as  a  basis,  the  impact  on  the  loss  of 
revenue resulting from this Regulation may therefore be estimated at 66.0 MEUR for 
the  first  year  of  the  triennial  period  beginning  in  2007.  The  amount  stated  has,  in 
general, been calculated on the basis of MFN duty rates and marks a maximum level 
due to the fact that the Community grants miscellaneous customs duty facilitations to 
different  groups  of  third  countries.  Therefore  the  actual  loss  of  revenue  tends  to 
result  in  lower  amounts  since  MFN  duties  do  not  apply  constantly.  Suspensions 
granted by the common market organisation, however, have been considered in the 
calculation of the loss of revenue. 

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Order N°

Proposal
2007 - 2009

MFN duty (%)
(valid on 08.11.2006)

Quota duty (%) Unit Value

( € / ton )

Theoretical
loss of
revenue
(in €)

80.000

15.000

20.000

1.500

10.000

2.000

10.000

55.000

45.000

1.500

20.000

10.000

10.000

20.000

15.000

20.000

5.000

3 (1)

15

3,5 (2)

12,5

13

7,5 / 15
average = 11,25
10

3,5 (3)

8

8

15

24

20

20

6,1

7,5

15

0

0

0

6

0

0

0

0

0

0

0

6

6

6

4

0

0

09.2759

09.2760

09.2761

09.2762

09.2765

09.2766

09.2770

09.2772

09.2785

09.2786

09.2788

09.2790

09.2792

09.2794

New 1
Hake,

frozen fillets
New 2
Cod,

frozen fillets & meat
New 3
Sole,

 frozen fillets & meat
GRANDTOTAL

2.470

2.497

1.920

16.921

3.721

1.807

1.482

1.547

2.613

1.327

632

3.143

1.656

4.685

1.588

4.292

2.962

5.927.327

5.618.059

1.343.992

1.649.818

4.837.104

406.615

1.481.705

2.977.386

9.405.825

159.210

1.896.506

5.658.073

2.319.039

13.116.812

500.213

6.437.413

2.221.465

65.956.562

(1) Suspension of common customs tariff duties from 12% to 3% for processing (Reg. 104/2000)

(2) Suspension of common customs tariff duties from 7,5% to 3,5% for processing (Reg. 104/2000)

(3) Suspension of common customs tariff duties from 15% to 3,5% for processing (Reg. 104/2000)

Source: Eurostat COMEXT 06.11.2006 & TAXUD Taric Database

Tab. Ref. ATQ 2007 2009 Financial Statement

Total loss of revenue compared to the absence of autonomous tariff quotas: € 65.956.562 net. 

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