CELEX: 51991PC0390
Language: en
Date: 1991-10-23
Title: Proposal for a COUNCIL REGULATION ( EEC ) opening and providing for the administration of Community tariff quotas for cod and fish of the species Boreogadus saida, dried, salted or in brine, originating in Norway ( 1992 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(91)390 final
                                                     Brussels. 23 October 1991
                                     Proposal for a
                              MMIMCIL REftlH AT I ON (EEC)
     ft,««m<r   and oroviding for the administration of Community tariff quotas for
     ^ o r a ï d £ h P Z f the* species Bor.og.dus ^ J r i e d , salted or « bnne,
                                 originating in Norway (193Z)
                            (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
       The Agreements in the form of exchanges of letters between the
       European Economic Community and Norway concerning agriculture and
       fisheries, approved by the Council Decision of 15 September 1986
       f ) , provide in particular for the annual opening, on a date to be
       arranged by common accord, of Community tariff quotas for the
       following products originating in Norway, for which the volumes and
       duties applicable are given below:
Common Customs          Description              Quota      Rate of
Tariff heading                                   volume       duty
No                                               (T)          (%)
0302        Fish, dried, salted or in brine;
                smoked fish, whether or not
                cooked before or during the
                smoking process:
                A. Dried, salted or in brine:
                   I. Whole, headless or in
                      pieces:
                      b) Cod (Gadus morhua,
                         Boreogadus sa Ida,
                         Gadus ogac)
                         - dried, unsalted                   3 900      0
                         - dried, salted                    13 250      0
                         - wet salted, or in brine          10 000      0
2.   • The quota of 3 900 tonnes foreseen for cod, dried and not salted is
       opened, at the request of the Norwegian authorities, starting on 1
       January 1992. The current proposal foresees therefore the coming Into
       application of the other quotas for the period 1 April to 31 December
       1992 taking into account the entry into force of the Combined
       Nomenclature which replaces that of the Common Customs Tariff.
(1) 0J No L 328, 22.11.1986, p. 76
 ---pagebreak---                                  -2-
3. In order to respect the ruling of the Court of Justice of 27
   September 1988 in Case 51/87 the Commission proposes not to allocate
   the tariff quota volumes among the Member States but to allow the
   latter to draw against the said volumes quantities corresponding to
   real needs that have been reported, as Is the usual practice in
   similar cases. In addition, this procedure is more in keeping with
   the Community nature of these tariff quotas.
 ---pagebreak---                                                                    _3 -
                                                       Proposal for a
                                         C O U N C I L R E G U L A T I O N (EEC) N o            /5>1
                                                         of
                    opening and providing for the administration of C o m m u n i t y tariff quotas for
                    cod and fish of the species Boreogadus                       saida, dried, salted or in brine,
                                                     originating in Norway (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                     rates laid down for the quotas should be applied consis-
                                                                             tently to all imports of the products in question into ail
Having regard to the Treaty establishing the European                        the Member States until the quotas are exhausted ;
Economic Community, and in particular Article 113
thereof,                                                                     Whereas, the necessary measures should be taken to
                                                                             ensure that these tariff quotas are administered efficiently
                                                                             and on a Community basis, so that Member States have
Having regard to the Act of Accession of Spain and
                                                                             the option of drawing the necessary quantities corre-
Portugal,
                                                                             sponding to actual imports recorded, from the quota
                                                                             volumes ; whereas, this method of administration calls for
Having regard to the proposal from the Commission,
                                                                             close cooperation between the Member States and the
                                                                             Commission ;
Whereas an Agreement between the European Economic
Community and the Kingdom of Norway was concluded                            Whereas since the Kingdom of Belgium, the Kingdom of
on 14 May 1973 ; whereas, following the accession of the                     the Netherlands and the Grand Duchy of Luxembourg
Kingdom of Spain and the Portuguese Republic to the                          are united within and jointly represented by the Benelux
Community, an Agreement in the form of Exchanges of                          Economic Union, any operation concerning the adminis-
Letters was concluded and approved by Decision                               tration of the quotas may by carried out by any one of its
86/557/EEC (') ;                                                             members,
Whereas the latter Agreement provides for the opening,
on a date to be fixed by common accord, of Community                         HAS ADOPTED THIS REGULATION :
tariff quotas at reduced or zero duty for cod and fish of
the species Boreogadus saida originating in Norway ;                                                   Article 1
whereas the tariff quotas in question should therefore be
opened for the period agreed from 1 April to 31                               1.    From 1 April to 31 December 1992, the customs
December 1992;                                                               duties applicable to imports of the following products
                                                                             originating in Norway shall be suspended at the levels
Whereas equal and continuous access to the said quotas                       indicated and within the limits of Community tariff
should be ensured for all Community importers and the                        quotas as shown below :
                                                                                                                 Volume         Rate
     Order No       CN codeQ                                       Description                                   of quota     of duty
                                                                                                                 (tonnes)       (%)
                      0305          Fish, dried, salted or in brine ; smoked fish, whether or not cooked
                                    before or during the smoking process ; fish meal fit for human
                                    consumption :
                                     — Dried fish, whether or not salted but not smoked :
                      0305 51        — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) :
      09.0703     ex 0305 51 90      — — — Dried, salted :
                                              — Excluding cod of the species Gadus macrocephalus                  13 250
                      0305 59             Other :
                                     — — — Fish of the species Boreogadus saida :
                      0305 59 19     — — — — Dried, salted
                                     — Fish, salted but not dried or smoked and fish in brine :
      09.0705     ex 0305 62 00      — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) :
                                           — Excluding the species Gadus macrocephalus                            10 000
                      0305 69             Other :
                      0305 69 10     — — — Fish of the species Boreogadus saida
 C) See Taric codes in the Annex hereto.
 (') OJ No L 328, 22. 11. 1986, p. 76.
 ---pagebreak---                                                            - *
Within the limits of the above tariff quotas the Kingdom         inform the Commission and draw an amount corre-
of Spain and the Portuguese Republic shall apply duties          sponding to its requirements from the quota volume.
o f 0 , 9 a n d 0 % respectively.
                                                                 The drawing requests, with indication of the date of
2. Where the Community has fixed a reference price               acceptance of the said declarations, must be transmitted
for the products or categories of products concerned,            to the Commission without delay.
imports of those products shall benefit from the quotas          The drawings shall be granted by the Commission by
referred to in paragraph 1 only if the free-at-frontier price    reference to the date of acceptance of the declarations of
determined by the Member States in accordance with               entry into free circulation by the customs authorities of
Article 21 of Regulation (EEC) No 3796/81 ('), as last            the Member States concerned to the extent that the
amended by Regulation (EEC) No 2886/89 (2), is at least          available balance so permits.
equal to the reference price.
                                                                  If a Member State does not use the quantities drawn, it
3. The Protocol concerning the definition of the                 shall return them as soon as possible to the corresponding
concept of 'originating products' and methods of adminis-        quota amount.
trative cooperation annexed to the Agreement between
                                                                  If the quantities requested are greater than the available
the European Economic Community and the Kingdom of
                                                                  balance of the quota amount, allocation shall be made on
Norway shall apply.                                               a pro rata basis with respect to the requests. Member
                                                                  States shall be informed thereof by the Commission.
                           Article 2
                                                                                            Article 4
The tariff quota referred to in Article 1 shall be managed        Each Member State shall ensure importers of the products
by the Commission, which may take all appropriate                 concerned equal and continuous access to the quotas for
administrative measures in order to ensure effective              such time as the residual balance of the quota volumes so
administration thereof.                                           permits.
                            Article 3                                                       Article 5
                                                                  The Member States and the Commission shall cooperate
 If an importer presents in a Member State a declaration of       closely to ensure that this Regulation is complied with.
entry into free circulation, including a request for benefit
 under the preferential system for a product covered by                                     Article 6
 this Regulation and if this declaration is accepted by the
 customs authorities, the Member States concerned shall           This Regulation shall enter into force on 1 April 19S2.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels,
                                                                              For the Council
                                                                               The President
  (') OJ No L 379, 31. 12. 1981, p. 1.
  (2) OJ No L 282, 2. 10. 1989, p. 1.
 ---pagebreak---            ANNEX
          Tarie codes
Order No    CN code      Taric codes
09.0703  ex 0305 51 90 0305 51 90 * 11
                                  '19
                                  •20
09.0705  ex 0305 62 00 0305 62 00 * 11
                                  '19
                                  •21
                                  *29
                                  •31
                                  '39
 ---pagebreak---                                          ê
FINANCIAL RECORD
      Budget line concerned : Chap. 12 Art. 120
      Legal basis : Art. 113 of the Treaty
      Title of the tariff measure concerned : Proposal for Council
      regulation (EEC) opening and providing for the administration of
      Community tariff quotas for cod and fish of the species Boreogadus
      saida. salted or in brine, originating in Norway (1992).
      Objective :
      Method of calculation :
      CN-code :                ex 0305 51 90       ex 0305 62 00
                                  0305 59 19          0305 69 10
      Volume of the quota:          13 250              10 000
      (tonnes)
      Duty-rate to be applied:        0 %                  0 %
      Normal duty-rate :             13 %                 13 %
6     Duty-Ioss :
      value per tonne              4.384 ecus              2.575 ecus
      total value :           58.088.000 ecus         25.750.000 ecus
       loss of duties          7.551.440 ecus          3.347.500 ecus
                      Total duty-Ioss :       10.898.940 ecus
Compared with 1991. there is a decrease in duty-loss of (12.554.360 ecus -
10.898.940 ecus), viz. 1.655.420 ecus (cf. written procedure C0M(90) 444 of
20.9.90).
 ---pagebreak---  ---pagebreak---                                                                       BSN 0254-1475
                                                               COM(91) 390 final
                                                      DOCUMENTS
EN                                                                         03 02
                                 Catalogue number : CB-CO-91-440-EN-C
                                                              ISBN 92-77-76365-5
( )ffîce for OfBcial Publications of the European Communities
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