Proposal for a Council Regulation opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2010 to 2012
Date: 2009-09-11
Institutions: European Commission
Subjects: fishery management, fishery product, fishing controls, management of resources, sea fish, supply, tariff quota

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.9.2009 
COM(2009) 476 final 

Proposal for a 

COUNCIL REGULATION 

opening and providing for the management of autonomous Community tariff quotas for 
certain 
fishery products for the period 2010 to 2012 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal/General context 

Council  Regulation  (EC)  No  824/2007  of  10  July  2007  (OJ  L  184)  laying  down 
autonomous Community tariff quotas for certain fishery products for the period 2007 
to 2009 expired on 31.12.2009. The current proposal will introduce a similar regime 
from  2010  to  2012  in  order  to guarantee the  appropriate supply  conditions  for  the 
community industry for the period 2010 to 2012.  

It is in the interest of the EU to increase the volume of 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.  Also,  due  to  changed  supply  needs,  the  proposal  contains  a  new 
product, one quota has not been prolonged and, for other products, the volumen of the 
quota has been reduced. 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 824/2007 of 10 July 2007 opening and providing for the 
management of autonomous Community tariff quotas for certain fishery products for 
the period 2007 to 2009. 

•  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 EPAs 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 

Consultations  of  the  Management  Committee  for  Fishery  Products,  the  Advisory 
Committee  for  Fisheries  (ACFA)  Working  Group  III  Markets  and  Trade,  meeting 
with  Community  stakeholders  (EU  Fish  Producers  Association  (AIPCE)  and  the 
Federation  of  National  Organisations  of  Importers  and  Exporters  of  Fish  (CEP)) 
during the first semester of 2009. 

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 

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 2010 
to 2012 

•  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 2010. 

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 

Taking the most recent complete statistics (2008) as a basis, the impact on the loss of 
revenue resulting from this Regulation may be estimated at € 75 million  for the first 
year of the triennial period beginning in 2010.  

The  stated  amount  has  been  calculated  on  the  basis  of  MFN  duty  rates  and  full 
utilisation of quotas. It marks, therefore, the maximum level of loss of revenue since 
the Community grants more favourable trade preferences to different groups of third 
countries  (GSP,  GSP+,  FTA)  and,  on  average,  the  quota  utilisation  in  the  first  two 
years of the expiring regulation was 78% and 75% respectively.  

Therefore the actual loss of revenue tends to result in a lower amount (roughly € 25 
million) since MFN duties do not apply across the board 

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 2010 to 2012 

(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. In the last 10 years the EU self-sufficiency rate for fishery products has 
decreased from 57% to 36%. 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  Community  production  of  fishery 
products and to ensure the adequate supply to the EU processing industry, such tariff 
quotas should be opened in accordance with the sensitivity of the product in question 
on the Community market. It is therefore appropriate to open such tariff quotas for the 
period 2010 to 2012, applying reduction or eliminations of customs duties.  

On  10  July  2007  Regulation  (EC)  N°  824/2007  opening  and  providing  for  the 
management of autonomous Community tariff quotas for certain fishery products for 
the  period  2007  to  20092  was  adopted  by  the  Council.  This  regulation  replaces 
Regulation (EC) N° 824/2007 in order to guarantee the appropriate supply conditions 
for the community industry for the period 2010 to 2012.  

Equal  and  uninterrupted  access  to  those  tariff  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 
tariff quotas have been used up. 

To ensure the efficiency of a common management of the tariff 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 

1 
2 

OJ C , , p. . 
OJ L 184, 14.7.2007, p.1.  

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(5) 

(6) 

(7) 

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 Code3 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 
managed by the Commission and the Member States in accordance with that system. 

In  the  interest  of  clarity  it  is  necessary  to  repeal  Regulation  (EC)  N°  824/2007  with 
effect from 1 January 2010. 

Given the urgency of the matter, it is important to grant an exception to the six-week 
period mentioned in paragraph 1(3) of the Protocol on the role of national parliaments 
in the European Union annexed to the Treaty on European Union and to the Treaties 
establishing the European Communities, 

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 104/20004. 

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

Article 2  

The Commission and customs authorities of Member States shall cooperate closely to ensure the 
proper management and control of the application of this regulation. 

Article 3 

Regulation (EC) N° 824/2007 is repealed. 

Article 4 

3 
4 

OJ L 253, 11.10.1993, p.1.  
OJ L 17, 21.1.2000, p.22. 

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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. 

It shall apply from 1 January 2010 to 31 December 2012. 

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 

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 

09.2761 

09.2760 

ex 0305 69 10 

ex 0304 29 91 
ex 0304 29 99 

ex 0304 99 99 

ex 0303 78 11 
ex 0303 78 12 
ex 0303 78 13 
ex 0303 78 19 

ex 0303 78 90 
ex 0303 79 93 

20 
10 
10 
10 
10 

20  
25  
29  
10 

10  
41  
81  
60  
81 

10  
10  
10  
11 
81  
10  
10 

09.2770 

ex 0305 63 00 

10 

09.2788 

ex 0302 40 00 
ex 0303 51 00  
ex 0304 19 97 
ex 0304 99 23 

10 
10 
10 
10 

09.2792 

ex 1604 12 99 

10 

09.2790 

ex 1604 14 16 

09.2774 

ex 0304 29 58 

20 
30 
40 
95 

10 

ANNEX 

Description 

Cod  (Gadus  morhua,  Gadus  ogac,  Gadus 
macrocephalus), excluding livers and roes, 
fresh, chilled or frozen, for processing (1) (2) 

Annual 

amount of 

quota (tons) 

Quota 

duty 

Quota period 

80 000 

0% 

1.1.2010-31.12.2012 

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 (1) (2) 

5 000 

0% 

1.1.2010-31.12.2012 

Blue  grenadier  (Macruronus  spp.),  frozen 
fillets and other meat, for processing (1) (2) 

20 000 

0% 

1.1.2010-31.12.2012 

spp. 

(Merluccius 

Hake 
excluding 
Merluccius  merluccius,  Urophycis  spp.), 
and  Pink  cusk-eel  (Genypterus  blacodes), 
frozen, for processing (1) (2) 

15 000 

0% 

1.1.2010-31.12.2012 

Anchovies  (Engraulis  anchoita),  salted  or 
in  brine,  but  not  dried  or  smoked,  for 
processing (1) (2) 

(Clupea  harengus,  Clupea 
Herrings 
pallasii),  of  a weight  exceeding 100  g  per 
piece  or  flaps  of  a  weight  exceeding  80  g 
per  piece,  excluding  livers  and  roes,  for 
processing (1) (2) 

Herrings,  spiced  and/or  vinegar-cured,  in 
brine, preserved in barrels of at least 70 kg 
net drained weight, for processing (1) (2) 

5 000 

0% 

1.1.2010-31.12.2012 

20 000 

0% 

1.10.2010-31.12.2010 
1.10.2011-31.12.2011 
1.10.2012-31.12.2012 

10 000 

6% 

1.1.2010-31.12.2012 

Filets  known  as  ‘loins’  of  tunas  and 
skipjack, for processing (1) (2) 

15 000 

6% 

1.1.2010-31.12.2012 

Hake (Merluccius productus), frozen fillets 
for processing (1) (2) 

12 000 

4% 

1.1.2010-31.12.2012 

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09.2762 

ex 0306 11 10 
ex 0306 11 90 

10  
10 

09.2794 

ex 1605 20 10 
ex 1605 20 99 

50 
45 

09.2785 

ex 0307 49 59  
ex 0307 99 11 

10 
10 

09.2786 

ex 0307 49 59  
ex 0307 99 11 

20 
20 

Rock 
lobster  and  other  sea  crawfish 
(Palinurus spp., Panulirus spp., Jasus spp.), 
frozen, for processing (1) (2) (3)  

Shrimps  and  prawns  of 
the  species 
Pandalus  borealis;  cooked  and  peeled,  for 
processing (1) (2) (4)  

Tubes  of  squid  (Ommastrephes  spp.  — 
excluding  Ommastrephes  sagittatus  —, 
Nototodarus  spp.,  Sepioteuthis  spp.)  and 
Illex  spp.,  frozen,  with  skin  and  fins,  for 
processing (1) (2) 

Squid  (Ommastrephes  spp.  —  excluding 
Ommastrephes  sagittatus  —,  Nototodarus 
spp.,  Sepioteuthis  spp.)  and  Illex  spp., 
frozen  whole  or  tentacles  and  fins,  for 
processing (1) (2) 

750 

6% 

1.1.2010-31.12.2012 

20 000 

0% 

1.1.2010-31.12.2012 

45 000 

0% 

1.1.2010-31.12.2012 

1 500 

0% 

1.1.2010-31.12.2012 

09.2772 

ex 0304 99 10 

10 

Surimi, frozen, for processing (1) (2) 

45 000 

0% 

1.1.2010-31.12.2012 

09.2776 

09.2778 

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

ex 0304 29 99 
ex 0304 99 99 

10 
20 
10 
10 

65 
65 

09.2777 

ex 0303 79 55 

40 

Gadus 
Cod,(Gadus 
macrocephalus), frozen fillets and meat, for 
processing (1) (2) 

morhua, 

20 000 

0% 

1.1.2010-31.12.2012 

Sole,  frozen  fillets  and  other  fish  meat 
(Limanda  aspera,  Lepidopsetta  bilineata, 
Pleuronectes 
for 
processing (1) (2) 

quadrituberculatus), 

Alaska  pollack  (Theragra  chalcogramma), 
frozen, for processing (1) (2) 

10 000 

0% 

1.1.2010-31.12.2012 

10 000 

0% 

1.1.2010-31.12.2012 

(1) 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).  

(2) 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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(3)  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 product, 
subjecting the frozen product to heat treatment to enable the removal of internal waste material. 

(4) Products under CN codes 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 processing treatment by packaging gases as defined 
in European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives 
other  than  colours  and  sweeteners  (OJ  L  61,  18.3.1995,  p.  1.  Directive  as  last  amended  by 
Directive 2006/52/EC (OJ L 204, 26.7.2006, p. 10)). 

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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 2010 
to 2012. 

2. 

BUDGET LINES: 

Chapter and Article: Title 1, Chapter 2, Article 0. 

Amount budgeted for the year 2010: € 14.079.700 (preliminary draft budget) 

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 

Revenue5 

Year 2007 

Article 1.2.0 

Impact on own resources 

- 56.2/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  expires  on  31 
December 2009, the current proposal is to provide continuity and introduce a similar 
regime with due regard to the prevailing supply needs and overall circumstances. 

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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  requests  for  inclusion  of  new 
products,  increases  and  amendments  of  product  descriptions  of  autonomous  tariff 
quotas which have been presented and accepted.  

Estimated cost of this operation 

The main impact of the Regulation is the loss of revenue for the Community. Taking 
the  most  recent  complete  statistics  (2008)  as  a  basis,  the  impact  on  the  loss  of 
revenue resulting from this Regulation may be estimated at € 75 million  for the first 
year of the triennial period beginning in 2010. The impact of the previous Regulation 
was calculated at € 69 million per year.  

The  stated  amount  has  been  calculated  on  the  basis  of  MFN  duty  rates  and  full 
utilisation of quotas. It marks, therefore, the maximum level of loss of revenue since 
the Community grants more favourable trade preferences to different groups of third 
countries  (GSP,  GSP+,  FTA)  and,  on  average,  the  quota  utilisation  in  the  first  two 
years of the expiring regulation was 78% and 75% respectively.  

Therefore the actual loss of revenue tends to result in a lower amount (roughly € 25 
million) since MFN duties do not apply across the board. It is estimated that imports 
of fishery products to the EU are levied an average duty of less than 3% ad valorem 
vis-à-vis the average MFN duty for fishery products of 10,9%.  

Suspensions  granted  by  the  common  market  organisation,  however,  have  been 
considered in the calculation of the loss of revenue. 

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