Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2015/2265 opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
Date: 2016-06-01
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: fishery product, frozen product, import (EU), sea fish, tariff quota

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   EUROPEAN COMMISSION  Brussels, 1.6.2016  COM(2016) 315 final 2016/0158 (NLE)   Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2015/2265 opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council  Regulation  (EU)  2015/2265  opening  and  providing  for  the  management  of 
autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018 was 
adopted on 7 December 2015. 

The  objective  of  the  regulation  is  to  ensure  the  competitiveness  of  the  European  Union 
processing  industry  by  guaranteeing  an  adequate  supply  of  fishery  products  to  the  industry 
without  jeopardising  the  Union  production  of  fishery  products.  To  this  end,  the  regulation 
reduces  or  suspends  import  duties  for  some  fishery  products  under  tariff  quotas  of  an 
appropriate volume. It also specifies the processing operations under which the use of tariff 
quotas is available (‘qualifying operations’) or not available. 

Since the Regulation was adopted, some EU processors and Member States have informed the 
Commission  that  the  Union  processing  sector  cannot  adequately  use  the  tariff  quota  with 
order  No  09.2760  (whole  hake  and  Pink  cusk-eel).  They  say  this  is  because  the  qualifying 
operations for this product do not include ‘slicing’. 

The Union processing industry states that around 95 % of this tariff quota would be used for 
processing  it  through  slicing.  It  is  therefore  necessary  to  introduce  slicing  as  a  qualifying 
operation to ensure the use of this quota and the competitiveness of this specific sector. 

• 

Consistency with existing policy provisions in the policy area 

Not applicable 

• 

Consistency with other Union policies 

Not applicable 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 31 of the Treaty on the Functioning of the European Union. 

• 

Subsidiarity (for non-exclusive competence)  

Common  Customs  Tariff  duties  fall  under  the  exclusive  competence  of  the  Union.  The 
subsidiarity principle therefore does not apply for these provisions. 

• 

Proportionality 

The  proposal  complies  with  the  principle  of  proportionality  for  the  following  reason:  the 
customs union is a common policy and should therefore be implemented through a Regulation 
adopted by the Council. 

• 

Choice of the instrument 

Not applicable 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable 

• 

Stakeholder consultations 

Since the Regulation was adopted, some EU processors and Member States have informed the 
Commission  that  the  Union  processing  sector  cannot  adequately  use  the  tariff  quota  with 
order  No  09.2760  (whole  hake  and  Pink  cusk-eel).  They  say  this  is  because  the  qualifying 
operations for this product do not include ‘slicing’. 

The Union processing industry states that around 95 % of this tariff quota would be used for 
processing  it  through  slicing.  It  is  therefore  necessary  to  introduce  slicing  as  a  qualifying 
operation to ensure the use of this quota and the competitiveness of this specific sector. 

 • 

Collection and use of expertise 

Not applicable 

• 

Impact assessment 

Not  applicable.  It  is  a  "technical"  amendment  to  the  Regulation  n°2015/2265  adopted  last 
December 2015. For Regulation n°2015/2265, no impact assessment was necessary. 

• 

Regulatory fitness and simplification 

Not applicable 

• 

Fundamental rights 

Not applicable 

4. 

BUDGETARY IMPLICATIONS 

The proposal does not have a budgetary impact for the Commission. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable 

• 

Explanatory documents (for directives) 

Not applicable 

• 

Detailed explanation of the specific provisions of the proposal 

Council  Regulation  (EU)  2015/2265  opening  and  providing  for  the  management  of 
autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018 was 
adopted on 7 December 2015. 

The  objective  of  the  regulation  is  to  ensure  the  competitiveness  of  the  European  Union 
processing  industry  by  guaranteeing  an  adequate  supply  of  fishery  products  to  the  industry 
without  jeopardising  the  Union  production  of  fishery  products.  To  this  end,  the  regulation 
reduces  or  suspends  import  duties  for  some  fishery  products  under  tariff  quotas  of  an 

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appropriate volume. It also specifies the processing operations under which the use of tariff 
quotas is available (‘qualifying operations’) or not available. 

Since the Regulation was adopted, some EU processors and Member States have informed the 
Commission  that  the  Union  processing  sector  cannot  adequately  use  the  tariff  quota  with 
order  No  09.2760  (whole  hake  and  Pink  cusk-eel).  They  say  this  is  because  the  qualifying 
operations for this product do not include ‘slicing’. 

The Union processing industry states that around 95 % of this tariff quota would be used for 
processing  it  through  slicing.  It  is  therefore  necessary  to  introduce  slicing  as  a  qualifying 
operation to ensure the use of this quota and the competitiveness of this specific sector. 

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2016/0158 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) 2015/2265 opening and providing for the 
management of autonomous Union tariff quotas for certain fishery products for the 
period 2016 to 2018 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 31 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Council  Regulation  (EU)  2015/22651  opens  and  provides  for  the  management  of 
autonomous  Union  tariff  quotas  for  certain  fishery  products  for  the  period  2016  to 
2018.  Appropriate  volumes  have  been  decided  for  each  tariff  quota  so  as 
to guarantee appropriate supply conditions for the Union industry for the period 2016 
to 2018. 

The  third  paragraph  of  footnote  2  of  the  Annex  to  Regulation  (EU)  2015/2265 
describes the processing operations for which certain tariff quotas may be used. That 
paragraph  does  not  include  slicing  among  those  qualifying  operations  as  regards 
frozen hake and pink cusk-eel covered by the tariff quota bearing order no. 09.2760 

For  that  tariff  quota  to  be  used,  it  is  appropriate  to  include  slicing  as  a  qualifying 
operation. 

Regulation (EU) 2015/2265 should therefore be amended accordingly. 

The  period  in  which  the  quotas  opened  by  Regulation  (EU)  2015/2265  apply  in  the 
first  year  runs  from  1  January  to  31  December  2016.  Since  it  is  necessary  to  ensure 
equal treatment among economic operators, this Regulation should be retroactive to 1 
January 2016. 

HAS ADOPTED THIS REGULATION: 

Article 1 

In  the  third  paragraph  of  footnote  2  of  the  Annex  to  Regulation  (EU)  2015/2265,  the 
following indent is added: 

‘- slicing for materials under CN codes ex 0303 66 11, 0303 66 12, 0303 66 13, 0303 66 19, 
0303 89 70, 0303 89 90’. 

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COUNCIL  REGULATION  (EU)  2015/2265  of  7  December  2015  opening  and  providing  for  the 
management of autonomous Union tariff quotas for certain fishery products for the period 2016-2018, L 
322, 08.12.2015, p. 4. 

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Article 2 

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

It shall apply from 1 January 2016. 

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

Done at Brussels, 

For the Council 
The President 

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