CELEX: 51987PC0692
Language: en
Date: 1987-12-18
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating 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 (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 692
Vol. 1987/0316
 ---pagebreak--- Disclaimer
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(87 ) 692 final
                                                           Brussels , 18 December 1987
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
opening , allocating 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 ( 1988 )
                         ( submitted by the Commission )
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 ---pagebreak---                                              7_
                                Explanatory Memorandum
1 . The Agreements in the form of exchanges of letters between the European
     Economic Community and Norway concerning agriculture and fisheries ,
                                                                   1
    approved by the Council Decision of 15 September 1986,              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                                                 ( tonnes )
   03.02             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 saida , Gadus
                                ogac ) :
                                - Dried , unsalted             3 900          0%
                                - Dried , salted             13 250           0%
                                -Wet salted , or in brine    10 000           0%
T
   0J No L 328 , 22.11.1986 , p. 76 .
 ---pagebreak---                                        - V
2 . The purpose of this proposal is to implement these tariff quotas for the
    period 1 April to 31 December 1988 , taking into account the entry into
    force on 1 January 1988 of the Combined  ?d Nomenclature , which replaces the
    nomenclature of the Common Customs Tariff .
3 . The Commission 's proposal for these products is based mainly on those
    ususally put forward in the field of tariff quotas , namely :
    - the quota volume is divided into two parts ,      the first consisting of a
      fairly large quantity allocated among certain Member States which are
      regular importers of the products in question ,    and the second being held
      as a reserve to cover any supplementary needs of those Member States and
      any needs which might arise in the other Member States ;
    - the allocation of the initial    shares to the Member States is based on
      past imports of each product from Norway over the last three years for
      which  statistics are  available   and   on those  Member  States' estimated
      needs over the quota period .
 ---pagebreak---                                           -A-
Community imports from Norway over the three years considered were as follows :
                                                                               ( tonnes )
  Member         ex 0305 51 10               ex 0305 51 90            ex 0305 62 00
  State              0305 59 11                   0305 59 19             0305 69 10
              1984     1985     1986       1984 | 1985 | 1986 j 1984 | 1985 | 1986
  Benelux        89       80       54        441      3721    no        11        ?         7
  Denmark          2        0        1          5       3       31    319 |       3 I 1 966
  Germany        59       49       19        543 I    473 I   400       2|                  1
  Spai n                                        -|      -|      -|    858 |    430    1 074
  Greece         44       26       19        223 I1
                                             223      417 1
                                                      417      84 j 1 48 j 336
                                                               84                         619
  F rance        47       36       19      3 81 6 1 3 573 1 3 496 j 1 044 j 666           701
  I re land                                                             -I
  Italy       4 087 | 4 457 | 3 375 | 5 280 [ 4 231 | 1 550 | 1 808 | 2 159 | 1 827
  Portugal         - |      - |      - j 1 3 230 j 6 217 j 6 401 | 5 1 43 1 4 235 j 1 675
  United                                                                   I
  Kingdom        20       35       18           2       6       9      16 |
              4 348 | 4 683 | 3 505 | 23 540 | 1 5 292 | 1 2 053 | 9 339 | 7 831 | 7 865
                                                                           I
On the basis of this      information and the foreseeable needs of the Member
States , the initial percentage allocations may be estimated as follows :
                                                                                       (X)
    Member State       ex 0305 51 10            ex 0305 51 90          ex 0305 62 00
                          0305 59 11                0305 59 19               0305 69 10
  Benelux                 1.78                           1.82                  0.02
  Denmark                 0.02                          0.02                   9.14
  Germany                 1.01                           2.78                  0.01
  Spain                                                                        9.44
  Greece                  0.71                           1.42                  4.41
  France                  0.82                         21.39                   9.63
  Ireland
  Italy                  95.08                         21.74                  23.14
  Portugal                                             50.80                  44.15
  United Kingdom          0.58                          0.03                   0.06
 ---pagebreak---                                             'T
                                      Proposal for
                           COUNCIL REGULATION ( EEC )
  opening , allocating 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 ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,    and
in particular Article 113 thereof ,
Having regard to the Act of Accession of Spain and Portugal ,
Having regard to the proposal from the Commission ,
Whereas an Agreement between the European Economic Community and the Kingdom
of Norway was concluded on 14 May 1973 ; whereas , consequent on the accession
of Spain and Portugal to the Community , an Agreement in the form of an
exchange of letters was concluded and approved by the Council Decision of
15 September 1986 ;
Whereas that Agreement provides for the opening , on a date to be fixed by
common accord , of Community tariff quotas at reduced or zero duty for cod and
fish of the species Boreogadus saida originating in Norway ; whereas the tariff
quotas in question should therefore be opened for the period agreed for 1988 ,
namely 1 April to 31 December 1988 ;
Whereas the Community has adopted , with effect from 1 January 1988 , a Combined
Nomenclature for goods which meets the requirements of the Common Customs
Tariff and the Nomenclature of Goods for the External Trade Statistics of the
Community and Statistics of Trade between Member States ; whereas in order to
accommodate specific Community measures that Nomenclature has been expanded
into an integrated tariff of the European Communities ( TARIC ); whereas from
that date the Combined Nomenclature and , where appropriate , the TARIC code
numbers should be used for the description of the products covered by this
Regulation ;
Whereas equal and continuous access to the quotas should be ensured for all
importers and the rates laid down for the quotas should be applied
consistently to all imports of the products in question until the quotas are
exhausted ;     whereas , in the light of these principles , allocation of the
tariff quotas among the Member States would seem to preserve the Community
nature of the quotas ;      whereas in order to correspond as closely as possible
to the real trend of the market for the products in question the allocation
should reflect the requirements of the Member States based on statistics of
imports of the said products from Norway during a representative reference
period and on the economic outlook for the quota year in question ;
1
   OJ No L 328 , 22.11.1986 , p. 76 .
 ---pagebreak---                                                                    XXI / 1415 / 87-EN
                                         -•éf-
Whereas during the last three years for which statistics are available imports
into the Member States from Norway were as follows :
                                                                             ( tonnes )
  Member          ex 0305 51 10            ex 0305 51 90           ex 0305 62 00
  State              0305 59 11                0305 59 19              0305 69 10
              1984   | 1985   | 1986 | 1984 | 1985 | 1986 | 1984 | 1985 | 1986
                                                                        I
  Benelux         89      80       54      44T |    372 |  1100 |     1|        2 |       2
  Denmark          2        0       1         5|      3|      3|   319 |        3 | 1 966
  Germany         59      49       19       543 |   473 |  400 |      21                  1
  Spain                             - |       -|
                                              -I      -I
                                                      -|      -|
                                                              -I   858 I     430 | 1 074
  Greece          44      26       19 |     223 | 417 |      84 j 148 |      336  j     619
  France          47      36       19 j 3 816 | 3 573 | 3 496 | 1 044 |      666  j     701
  Ireland                           - I       H      .H       “I      -I        - I
  Italy       4 087 j 4 457 j 3 375   j 5 280 | 4 231 j 1 550 j 1 808 j 2    159  j 1 827
  Portugal         - j      - |     - | 13 230 j 6 217 | 6 401 j 5 1 43 j 4  235  j 1 675
  United                                        I       I       I       I
  Kingdom         20      35       18         21      6|      9|     161
                                                                        I
              4 348 | 4 683 | 3 505 | 23 540 | 15 292 | 12 053 | 9 339 | 7 831 | 7 865
Whereas , during the years under consideration , the products in question were
imported only by certain Member States and not at all by the other Member
States ; whereas , under these circumstances , initial shares should be allocated
to the importing Member States and the other Member States should be
guaranteed access to the benefit of the tariff quotas when imports into those
States of the products concerned are notified ; whereas these allocation
arrangements will ensure the uniform application of the Common Customs Tariff ;
Whereas ,  in view of these factors , the initial pe  percentage shares of the quota
volumes can be expressed approximately as follows :
   Member State        ex 0305 51 10          ex 0305 51 90          ex 0305 62 00
                          0305 59 11              0305 59 19              0305 69 10
  Benelux                 Ï77S                        T782                   0.02
  Denmark                 0.02                        0.02                   9.14
  Germany                 1.01                        2.78                   0.01
  Spain                                                                      9.44
  Greece                  0.71                        1.42                   4.41
  France                  0.82                       21.39                   9.63
  Ireland
  Italy                  95.08                       21.74                  23.14
  Portugal                                           50.80                  44.15
  United Kingdom          0.58                        0.03                   0.06
 ---pagebreak---                                                               XXI / 1415 / 87-EN
                                       -f-
Whereas , to allow for the trend of imports of the products concerned in the
various Member States , each of the quota volumes should be divided into two
parts , the first being allocated among certain Member States and the second
held as a reserve to cover any subsequent requirements of Member States which
have used up their initial shares and any requirements which might arise in
the other Member States ;   whereas ,   to afford importers in each Member State
some degree of certainty , an appropriate level for the first part of the
Community quotas would , in the present circumstances , be 75% of the quota
volume ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in order to avoid any break in the continuity of supplies on
this account , it should be provided that any Member State which has almost
used up one of its initial shares should draw an additional share from the
corresponding reserve ; whereas each time one of its additional shares is
almost used up a Member State should draw a further share and so on as many
times as the reserve allows ; whereas each of the initial and additional shares
must be valid until the end of the quota period ; whereas this form of
administration requires close cooperation between the Member States and the
Commission and the   latter must be able to monitor the extent to which the
quota volumes have been used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of one
of a Member State 's initial shares remains unused , it is essential that the
Member State concerned should return a significant proportion thereof to the
corresponding reserve in order to prevent part of one of the Community tariff
quotas from remaining unused in one Member State when it could be used in
others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the
Grand Duchy of Luxembourg are united within and jointly represented by the
Benelux Economic Union , any operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
HAS ADOPTED THIS REGULATION :
                                     Article 1
1 . From 1 April to 31 December 1988 the customs duties applicable to imports
    of the following products originating in Norway shall be suspended at the
    levels indicated and within the limits of Community tariff quotas as shown
    below :
 ---pagebreak---                                                                             XXI / 1415 / 87-EN
    Serial No |    Combined                                              Volume of | Rate of
               I Nomenclature                   Description             tariff quota | duty
                       No                                                 ( 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       I –Cod ( Gadus morhua , Gadus        )
                                  | ogac , Gadus                       )
                                  | macrocephalus ) :                  )
    09.0707    lex 0305 51 1 0 1 - Dried , unsalted :                  )
                                  |      - Excluding cod of the        )
                                  |        species Gadus               )
                                  |        macrocephalus               )      3 900          0
                    0305 59         –Other :                           )
                                    - Fish of the species              )
                                         Boreogadus saida :            )
                    0305 59 11      - Dried , unsalted                 )
                    0305 51         – Cod ( Gadus morhua , Gadus       )
                                       ogac , Gadus                    )
                                       macrocephalus ) :               )
   09.0703      ex 0305 51 90       - Dried , salted :                 )     13 250          0
                                         - Excluding cod of the        )
                                           species Gadus               )
                                          macrocephalus                )
                    0305 59         – Other :                          )
                                    - Fish of the species              )
                                 |       Boreogadus saida :            )
                    0305 59 1 9 j -Dried, salted                       )
                                | - Fish , salted but not dried |)
                                | or smoked and fish in             j ))
                                | brine :                           j ))
   09.0705      ex 0305 62 00 | – Cod ( Gadus morhua , Gadus          )
                                |      ogac , Gadus                   )
                                |      macrocephalus ):               )      10 000          0
                                       - Excluding the species        )
                                        Gadus macrocephalus           )
                   0305 69          – Other :                         )
                   0305 69 1 0 | - Fish of the species                )
                                |       Boreogadus saida              )
     Within the limits of the above tariff quotas the Kingdom of Spain and the
     Portuguese Republic shall apply duties of 4.3% and 0% respectively .
2 . Where the Community has fixed a reference price for the products or
     categories of products concerned ,           imports of those products shall benefit
 ---pagebreak---                                                                     XXI / 141 5 / 87-EN
                                           -1-
    from the quotas referred to in paragraph 1 only if the f ree-a - f rontier
    price determined by the Member States in accordance with Article 21 of
    Regulation ( EEC ) No 3796 / 81 is at least equal to the reference price .
3 . The Protocol concerning the definition of the concept of "originating
    products "  and    methods    of  administrative   cooperation    annexed       to  the
    Agreement between the European Economic Community and the Kingdom of Norway
    shall apply .
                                        Article 2
1 . The tariff quotas referred to in paragraph 1 shall be divided into two
    parts .
2 . The first part of each quota shall be allocated among certain Member
    States ; subject to Article 5 the respective shares shall be valid until
    31 December 1988 and shall be as follows :
                                                                ( tonnes )
                      Serial number      Serial number   Serial number
                          09.0707           09.0703         09.0705
   Benelux                     52               182                 2
   Denmark                       1                2               685
   Germany                     29               278                 1
   Greece                      21               142               331
   Spain                                                          708
   France                      24             2 139               722
   Ireland
   Italy                    2 781             2 174           1 735
   Portugal                                   5 080           3 311
   United Kingdom              17                 3                 5
                            2 925            10 000           7 500
3 . The second part of each quota , amounting to 975 , 3 250 and 2 500 tonnes
    respectively , shall constitute the corresponding reserves .
4 . If an importer gives notification of imminent imports of the products
    concerned into a Member State not covered by the initial allocation and
    applies to take advantage of the quota , the Member State concerned shall
    inform the Commission and draw an amount corresponding to its requirements
    to the extent that the available balance of the reserve so permits .
                                        Article 3
1 . If a Member State has used 90% or more of one of its initial                 shares as
    specified in Article 2(2 ), or of that share less any portion returned to
    the corresponding reserve pursuant to Article 5 , it shall forthwith , by
    notifying the Commission and to the extent that the reserve so permits ,
    draw a second share equal to 10% of its initial share , rounded up where
    necessary to the next whole number .
2 . If , after one of its initial quota shares has been used up , a Member State
    has used 90% or more of its second share as well , it shall , using the
    procedure provided for in paragraph 1 and to the extent that the reserve so
    permits , draw a third share equal to 5% of the initial share , rounded up
    where necessary to the next whole number .
 ---pagebreak---                                                                XX I / 1 41 5 / 87– EN
                                       "^© -
3 . If , after one of its second shares has been used up , a Member State has
    used 90% or more of its third share , it shall , using the procedure provided
    for in paragraph 1 , draw a fourth share equal to the third .
    This process shall continue until the reserve is used up .
A. By way of derogation from paragraphs 1 ,     2 and 3 ,  Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States shall
    inform the Commission of their reasons for applying this paragraph .
                                     Article A
Each of the additional shares drawn pursuant to Article 3 shall be valid until
31 December 1988 .
                                     Article 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which , on 15 September 1988 , is in
excess of 20% of the initial volume . They may return a greater portion if
there is reason to believe that it might not be used .
By 1 October 1988 at the latest Member States must notify the Commission of
the total quantities of the products concerned imported on or before
15 September 1988 and charged against the Community quotas and of any portion
of their initial shares that they are returning to the corresponding reserves .
                                     Article 6
The Commission shall keep account of        the shares drawn by Member States
 ---pagebreak---                                                               XXI / 141 5 / 87-EN
                                      - lt "
pursuant to Articles 2 and 3 and shall inform each Member State of the extent
to which the reserves have been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state
of each of the reserves following any return of quota shares pursuant to
Article 5 .
It shall ensure that the drawing which exhausts the reserve does not exceed
the balance available , and to this end shall notify the amount of that balance
to the Member State making the final drawing .
                                    Article 7
1 . Member States shall take all appropriate measures to ensure that additional
    drawings of shares pursuant to Article 3 enable imports to be charged
    without interruption against their accumulated shares of the Community
    tariff quotas .
2 . Member States shall ensure that importers of the products concerned have
    free access to the quota shares allocated to them .
3 . Member States shall charge imports of the products concerned against their
    shares as and when the goods are entered with the customs authorities for
    free circulation .
4 . The extent to which Member States have used up their shares shall be
    determined on the basis of imports of the products concerned originating in
    Norway and entered with the customs authorities for free circulation .
                                    Article 8
At the request of the Commission , Member States shall, inform it of imports
actually charged against their quota shares .
                                    Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                   Article 10
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                        For the Council
                                                        The President
 ---pagebreak---                                     iZ
FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel de la
Corrmunauté .  L' impact découlant de cette concession a été pris en considération
lors de la prise de décision d' adoption de ce contingent et il n' aura pas un
caractère sérieux sur la ccmpétitivité et l' anploi dans la Ùsnmunauté .