CELEX: 51994PC0648
Language: en
Date: 1994-12-19
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in Norway

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(94) 648 final
                                                  Brussels, 19.12.1994
                                  Proposal for a
                            COUNCIL REGULATION (EC)
     opening and providing for the administration of Community tariff quotas for
           certain agricultural and fishery products originating in Norway
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
 1.        In 1986 the EEC concluded agreement with Norway. This was approved by
           Council Decision N° 86/557/EEC of 15 September 1986. l .
2.         Then on 2 May 1992 the Agreement setting up the European Economic Area
           was signed in Porto, linking the European Economic Community, the European
           Coal and Steel Community and their Member States with the countries of the
          European Free Trade Area (EFTA). Bilateral agreements on the arrangements for
           various agricultural products were concluded at the same time.
3.        Under the 1986 agreement, as amended or supplemented by the EEA Agreement,
           and the bilateral agreement signed along with the EEA Agreement, the Community
          has undertaken to open annual reduced or zero-duty tariff quotas for certain
          agricultural and fishery products originating in Norway. The quotas are to be
          opened for 1995, either for the calendar year or for the period shown in Annex I to
          the proposal.
4.        The purpose of the annexed proposal is to implement this tariff quota for an
          indefinite period. Accordingly and for reasons of efficiency and simplifying the
          implementation of the measures concerned it seems desirable that the regulation
          should be pluriannual.
5.        Furthermore, as the adaptations arising from the combined nomenclature of the
          TARIC and those concerning quotas volumes and quota rates laid down in
          Council or Commission decisions involve no change of substance, it is proposed
          that the Council should empower the Commissipn to implement theses measures
          by adopting regulations following receipt of an opinion from the Customs Code
          Committee.
6.        An in the case of other Community tariff quotas, the proposal does not provide for
          the allocation among the Member States of the quota volumes but enables the
          Member States to draw from the quota volumes the quantities required to cover
          the actual imports recorded.
^ J N 0 ! . 328, 22.11.1986,
 ---pagebreak---                                                               2>
                                                    Proposal for a
                                       COUNCIL REGULATION (EC)
                                                         of
           opening and providing for the administration of Community tariff quotas for
                     certain agricultural andfisheryproducts originating in Norway
THE COUNCIL OF THE EUROPEAN UNION,                        Whereas the decision for the opening, in the execution
                                                          of its international obligations, of tariff quotas should
Having regard to the Treaty establishing the European     be taken by the Community; whereas, to ensure the
Community, and in particular Article 113 thereof,         efficiency of a common administration of these quotas,
                                                          there is no reasonable obstacle to authorizing the
Having regard to the proposal from the Commission,        Member States to draw from the quota-volumes the
                                                          necessary quantities corresponding to actual imports;
Whereas the Community has concluded Agreement in          whereas this method of administration requires close
the form of exchanges of letters in particular with       cooperation between the Member States and the
Norway and approved by Decision 86/557/EEC2;              Commission and the latter must in particular be able to
                                                          monitor the rate at which the quotas are used up and
Whereas the above Agreement has been amended or           inform the Member States accordingly;
supplemented by the Agreement on the European
Economic Area, and by the bilateral Agreement in the      HAS ADOPTED THIS REGULATION.
form of exchanges of letters with Norway and approved
by Decision 93/737/EC3;                                                             Article I
Whereas under the above Agreement the Community            1. From 1 January to 31 December of each year or for
has undertaken, subject to certain conditions, to open    the periods shown in Annex I, the customs duties
Community tariff quotas each year at a reduced or zero    applicable to the products referred to in this Regulation
raje of duty for a number of agriculture and fishery      shall be suspended or reduced to the levels indicated
products originating in this country, whereas the tariff  for each product, within the limit of the Community
quotas should accordingly be opened, specifying where     tariff quota shown for each product.
necessary any conditions of eligibility laid down;
                                                          2. Imports of products referred to in the Annex under
Whereas, for reasons of simplification, provision         Orders Nos 09.0703 and 09.0711 shall not qualify for
should be made to empower the Commission to give          the tariff quotas unless the free-at-frontier price
effect, following receipt of the opinion of the Customs   established by the Member States in accordance with
Code Committee, to necessary amendments and               Article 22 of Council Regulation (EEC) N* 3759/92 of
technical adaptations of this regulation arising from     17 December 1992 on the common organization of the
amendments of the combined nomenclature and TARIC         market in fishery and aquaculture products4 is at least
codes and to adaptations of volume, periods and quota     equal to any reference price which has been fixed by
rates arising from decisions by the Council or by the     the Community for the products or categories of
Commission;                                               products in question. For the calculation of the
                                                          reference price, the following coefficients shall be
Whereas the tariff quota provided in the agreement in     applicalbe:                                   "*
question relates an indefinite period and accordingly,
for reasons of efficiency and simplifying the             - whole herring: 1,
implementation of the measures concerned, it appears      - flaps of herring: 2,32,
suitable to provide that the application of this          - pieces of herring: 1,96.
regulation should be placed on a pluriannual footing;
                                                          3. The Protocol on the definition of the concept of
Whereas all Community importers should be ensured         originating products and on methods of administrative
equal and continuous access to the said quota and the     cooperation annexed to the agreement between the
duty rate laid down for the quota should be applied       European Community and the Kingdom of Norway
consistently to all imports of the product in question    shall apply.
into all Member States until the quota is exhausted,
during the whole period of validity of the EEC-Norway
Agreement.
2
  O J N ° L 328, 22.11.1986
3
  O J N ° L 346, 31.12.1993
4
  OJ N° L 388, 31.12.1992, p. 1. Regulation as last amended
  by Regulation (EEC) N° 1891/93 (OJ N° L 172 , 15.7.1993, p. 1).
 ---pagebreak---                                                                         y
                            Article 2
                                                                                               Article  5
T h e tariff quotas referred to in Article 1 shall be adminis-   1.    The provisions necessary for the application of tills
tered by the Commission, which may take any appro-              Regulation, in particular :
priate administrative measures in order to ensure efficient     (a) the a m e n d m e n t s and technical adaptations, insofar as
administration.                                                       necessary, arising from amendments of the combined
                                                                      nomenclature and T.inc codes, and
                            Article 3
                                                                         (b) The necessary adaptations of volume, periods
If an importer presents in a Member State a declaration of               and quota duty arising from decisions adopted by
entry into free circulation including a request for prefe-              the Council or the Commission
rential benefit for a product covered by this Regulation,
and if this declaration is accepted by the customs authori-
                                                                shall be adopted in accordance with the procedure laid
ties, the Member State concerned shall draw, from the
                                                                down in Article 6 (2).
quota volume by means of notification to the Commis-
sion, a quantity corresponding to those needs.
                                                                                                Article  6
T h e requests for drawing, with the indication of the date        1.    The Commission shall be assisted by the Customs
of acceptance of the said declarations, must be c o m m u n i -   Code Committee set up by Article 247 of Regulation
cated to the Commission without delay.                            (EEC) No 2913/92 0
T h e drawings are granted by the Commission on the basis         2.     The representative of the Commission shall submit
of the date of acceptance of the declaration of entry into        to the committee a draft of the measures to be taken. The
free circulation by the customs authorities of the Member         committee shall deliver its opinion on the draft within a
State concerned, to the extent that the available balance         time limit which the chairman may lay down according
so permits.                                                      to the urgency of the matter. The opinion shall be deli-
                                                                 vered by the majority laid down in Article !s£ (2) of the
If a Member State does not use the quantities drawn, it          Treaty in the case of decisions which the Council is
shall return t h e m as soon as possible to the corresponding    required to adopt on a proposal from the Commission.
quota volume.                                                    T h e votes of the representatives of the Member States
                                                                 within the committee shall be weighted in the manner set
If the quantities requested are greater than the available       out in that Article. The chairman shall not vote.
balance of the quota volume, allocation shall be made on
a pro rata basis with respect to the requests. Member            T h e Commission shall adopt the measures, which apply
States shall be informed thereof by the Commission.              immediately. However, if these measures are not in
                                                                 accordance with the opinion of the committee, they shall
                                                                 be communicated by the Commission to the Council
                            Article 4                            forthwith. In that event :
                                                                 — the Commission shall defer application of the
Each Member State shal' guarantee importers of the
                                                                      measures which it has decided for three months from
products in question equal and continuous access to the
                                                                      the date of such communicaffon ;
quotas as long as the balance of the corresponding quota
volume allows.                                                   — the Council, acting by qualified majority, may take 3
                                                                      different decision within the period referred to in the
                                                                      previous paragraph
                                                                 3.     The Committee may examine any question concer-
                                                                 ning the application of this Regulation which is raised by
                                                                 its chairman either on his own initiative or at the request
                                                                 of a Member State
CP OJ N° L302, 19.10.1992
 ---pagebreak---                                                                     5"
                     Article 7
Member States and the Commission shall cooperate
closely in order to ensure that this Regulation is complied
with.
                    Article 8
  This Regulation shall enter into force on the
 day following its publication in the Official
 Journal of the European Communities.
 It shall apply from 1 January 1995 for the
 whole period gf validity of the Agreement..
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                        For the Council
                                                                          The President
 ---pagebreak---                                                                               6
                                           ANNEX I
                                                                                                         Amount of  Quota
 Order                                                                                                     quotas
              CN code                                        Description                                             duty
   No
                                                                                                          (tonnes)   (%)
09.0701    ex 1504 20 10    Oils and fats of marine animals, other than whale oil and                          000     8,5
          ex 1 504 30 1 9   sperm oil, in packings of a net capacity of more than 1 kg
          ^ex. 1516 10 90
               0305         Fish, dried, salted, or in brine ; smoked fish, whether or
                            not cooked before or during the s m o k i n g process ; fish
                            meal fit for h u m a n c o n s u m p t i o n :
                             - Dried fish, whether or not salted but not smoked :
               0305 SI       -  - Cod (Gadus            ttjorhua.   (,\i>/m ogac. Gadus       tnacroa-
                                   phalus) :
090703    ex 0305 51 90      -  -   - Dried, salted :
                                         — Hxcludmg cod ot the species Gadus                  macroct-
                                            phalus
              0305 59        -  - Other :                                                              >   13 250
                             — -   — Fish of the species Bonugadus                  saidel :
              0305 59 19     — — -       — Dried, salted :
                            from   1 April to 31            December
                            Prepared or preserved fish, including caviar and caviar
                            substitutes prepared from fish eggs :
           ex 1604 1 3 90    -  -   - Other :
                             — — — — Sardinella ; brisling or sprats excluding raw
                                            fillets merely coated with batter or bread-
                                            crumbs, whether or not prefned in oil, deep-
                                            frozen
                                            Other :
               1604 19 92    _ _ _ _ _           Cod (Gadui wurhita.           Gadus    ogac,    Gadus
                                                 macrocepbalus)                                                400    s;s
09.0711    ex 1604 19 93     - - - - -           Coalfish (Pollachius           nrens),     excluding
                                                 s m o k e d coalfish
               1604 19 94    — — — — — Hak;- (Merluccins                   spp., Uropbycis    spp.)
               1604 19 95    — — — — — Alaska pollack (Thenigra                         chalcogramma)
                                                 and pollack (Pollachins            pollachins)
               1604 19 98                        Other
           ex 1604 20 90    Fish j t h e r than herring and smoked saithe :
                             - Other than          mackerel
                             — Mackerel (scomber                 austniLiucus)
                                                                                                                    40
090751     ex 0704 10 10    Cauliflowers,       fresh      or chilled,    from   1 August       to  31      2 000     0
                            October
09.07.S3   ex 0704 90 90    Broccoli, fresh or chilled, from 1 July to 31 October                            I 000
09.07 s S  ex 0704 90 90    China cabbages, fresh              or chilled, from     1 July to end            ^000
                             February
09.0757       08092051      Cherries, fresh, from            16 July to 31 August                             600
              08092059
              08092061
              08092069
            ex 08092071
            ex 08092079
09.0759     ex 08094030   , Plums, fresh, from           1 September to I S October                           600
            ex 08094040
            ex 08094090
                                                                                                              7
09.0761    ex 0810 10 10    Strawberries, fresh, from            15 |uly to 31 July                             5()
09.0762    ex 0810 10 90    Strawberries, fresh, from 1 August to 1 5 September                               750
 ---pagebreak---               ANNEX     I I
            TARIC COOES
Order No     CN codes         Taric codes
09.0701   ex 1504 20 10     1504 20 10-90
          ex 1504 30 19     1504 30 19'90
          ex 1516 10 90     1516 10 9 0 ' H
09.0703   ex 0305 51 90     0305 51 90*10
                                        '20
          ex 1604 13 90     1604 13 90 * 91
                                        •99
09.0711   ex 1604 19 93     1604 19 93-90
          ex 1604 20 90     1604 20 90-30
                                        •40
                                        •90
09.0751   ex 0704 10 10     0704 10 10-30
09.0753   ex 0704 90 90     0704 90 90'13
09.0755   ex 0704 90 90     0704 90 90-92
                                        '94
                                        •97
09.0757   ex 08092071        08092071*10
          ex 08092079        08092079*11
                             08092079*19
09.0759                     08094030*51
         ex 08094030
                                          52
                                          53
         ex 08094040
                                          54
         ex 08094090
                                          55
                                          56
                            08094040*20
                            08094090*50
09.0761   ex 0809 10 10     0810 10 10*60
                                        '80
09.0762   ex 0810 10 90     0810 10 90*12
                                        '14
 ---pagebreak---                            FINANCIAL STATEMENT
 1.     Budget heading involved : Chapter 12 Article 120
2.      Legal basis : Art. 113 of the Treaty
3.      Title of tariff measure : Proposal for a Council regulation opening and providing
        for the administration of Community tariff quotas for certain agricultural and
        fishery products originating in Norway.
4.      Aim : to comly with the Community's commitments
5.      Method of calculation :
Description               Quantity       Price     Normal duty      Quota duty Lost of
                                                        0/
                                      ECU/unit                                   revenue
                                                                                 ECU
Cauliflowers               2 000T     1201          17%                0           408.340
                                       ECU/T
Broccoli                   1000T      1201          17%                0           204.170
                                       ECU/T
China cabbages             3 000T       782         15%                 0          351.900
                                       ECU/T
Fresh cherries               600 T      859         15%                 0           77.310
                                       ECU/T
Fresh plums                  600 T      617        Ave. duty            0           42.573
                                       ECU/T        11,5%
Fresh strawberries           750 T    1950          16%                 0          234.000
                                       ECU/T
Fresh strawberries           750 T    1858          14%                C           204.750
                                       ECU/T
Oils and fats of           1000T         594        17%                 8,5         50.490
marine animals                         ECU/T
Cod and fish of the       13 250 T    5 074         13%                0
species Boreogadus                    ECU/T                                      8.739.965
saida
Sardines, sardinella         400 T    4 224         20%                            168.960
                                       ECU/T
                                                                                 10.865.618
Average annual loss of 10.865.618 ECU.
 ---pagebreak---                                                   _
                                                                      ISSN 0254-1475
                                                               COM(94) 648 final
                                                      DOCUMENTS
EN                                                                      11 03 02
                                Catalogue number : CB-CO-94-676-EN-C
                                                             ISBN 92-77-83997-X
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