CELEX: 51997PC0038
Language: en
Date: 1997-02-07
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 07.02.1997
                                       COM(97) 38 final
                     Proposal for a
             COUNCIL REGULATION (EC)
opening and providing for the administration of autonomous
Community tariff quotas for certain fishery products
            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
As part of the annual overall review within the Council concerning the granting of autonomous
preferences for fishery products, the Commission has drawn up a report on the markets and
supply needs of user industries for 1997.
Having regard to the requirements of the internal and external policies of the Community, the
Commission is proposing a certain number of tariff measures, notably tariff quotas, to ensure
continuation of Community production in accordance with the rules and obligations of the
common organisation of the markets, and to ensure supply of the processing industries while
also taking into account the current and foreseeable situation on the international market.
In these conditions, the tariff quotas for the products specified are for products which meet the
conditions laid down as regards the reference prices fixed, or to be fixed, and which are
intended for processing.
Furthermore, according to this proposal, these tariff measures should be opened from I March
1997 for periods extending to 31 March 1998 in order to allow planning of supply to the
industry without destabilizing the revenue of Community producers.
This is the purpose of the attached proposal.
                                                 1
 ---pagebreak---                                           Proposal for a
                           COUNCIL REGULATION (EC) No              /97
                                                of
                  opening and providing for the administration of autonomous
                      Community tariff quotas for certain fishery products
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community, and in particular Article 28,
thereof,
Having regard to the proposal from the Commission,
Whereas Community supplies of certain species of fish or fish fillets currently depend on
imports from third countries; whereas it is in the Community's interest to suspend in part or in
whole the customs duties for the products in question, within Community tariff quotas of an
appropriate volume; whereas, in order not to jeopardize the development prospects of this
production in the Community and to ensure an adequate supply to satisfy user industries, it is
advisable to open those quotas, applying customs duties varied accordingly to sensitivity of the
different products on the Community market;
Whereas it is necessary, in particular, to ensure for all Community importers equal and
uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates
laid down for the quotas to all imports of the products concerned into all Member States until
the quotas have been used up;
Whereas the decision for the opening of autonomous tariff quotas should be taken by the
Community; whereas, to ensure the efficiency of a common administration of these quotas,
there is no reasonable obstacle to authorising the Member States to draw from the quota-
volumes the necessary quantities corresponding to actual imports; whereas, however, this
method of administration requires close cooperation between the Member States and the
Commission and the latter must in particular be able to monitor the rate at which the quotas are
used up and inform the Member States accordingly;
HAS ADOPTED THIS REGULATION:
                                                3>
 ---pagebreak---                                               Article 1
 1.      The import duties on the goods listed in the Annex shall be suspended at the indicated
         duty rate for the periods and in the amounts indicated therein.
2.       Imports of the products in question shall not be covered by the quotas referred to in
         paragraph 1 unless the free-at-frontier price, which is determined by the Member States
         in accordance with Article 22 of Regulation (EEC) No 3759/92 of 17 December 1972
         on the common organisation of the market in fishery and aquaculture products1, as last
         amended by Council Regulation (EC) No 3318/942, is at least equal to the reference
         price fixed; or to be fixed, by the Community for the products under consideration of
         the categories of the products concerned.
                                              Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take
all appropriate administrative measures in order to ensure effective administration thereof.
                                              Article 3
If an importer presents in a Member State an entry for release for free circulation, including a
request for preferential benefit for a product covered by this Regulation and if this entry for
release is accepted by the customs authorities, the Member States concerned shall inform the
Commission and draw an amount corresponding to its requirements from the corresponding
quota amount.
The drawing request, with indication of the date of acceptance of the said entries, must be
transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the
entries for release for free circulation by the customs authorities of the Member States
concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn it shall return them as soon as possible to
the corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation
shall be made on a pro rata basis with respect to the requests. Member States shall be informed
by the Commission of the drawings made.
1
     OJ No L 388, 31.12.1992, p. I.
2
     OJ No L 350, 31.12.94, p. 15.
                                                    4:
 ---pagebreak---                                              Article 4
Each Member State shall ensure that importers of the products concerned have equal and
uninterrupted access to the quotas for such time as the residual balance of the quota volumes so
permits.
                                             Articles 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation
is complied with.
                                             Article 6
This Regulation shall enter into force on the seventh day following that of its publication in the
Official Journal of the European Communities.
It shall be apply from 1 March 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels
                                                         For the Council
                                                         The President
 ---pagebreak---                                        ANNEX
 Series               TARIC                                          Amount    Quota   Quota
Number     CN code      Sub              Description of goods            of     duty   period
                      division                                         quota    (%)
                                                                     (in tons)
09.2753 ex 0302 50 10    20    Cod (Gadus morhua, Gadus ogac,         55.000      4    01.04-
                               Gadus macrocephalus), and fish of                      31.12.97
        ex 0302 50 90    11    the genus Boreogadus saida,
                               excluding, livers, roes, presented
                         91     fresh, chilled or frozen, for
                               processing (a)(b)
        ex 0302 69 35    10
        ex 0303 60 11    10
        ex 0303 60 19    10
        ex 0303 60 90    10
        ex 0303 79 41    10
09.2756 ex 0303 60 11    10    Cod (Gadus morhua, Gadus ogac,          10000     4     01.04-
                               Gadus macrocephalus), and fish of                      31.12.97
        ex 0303 60 19    10    the genus Boreogadus saida,
                               excluding, livers, roes, frozen, for
        ex 0303 60 90    10    processing (a)(c)
        ex 0303 79 41
09.2758 ex 0302 70 00   20     Cod livers (Gadus morhua. Gadus          400      0     01.04-
                               ogac, Gadus macrocephalus), and                       31.12.97
                               llsh liver of the genus Boreogadus
                               saida, lor processing (a)(b)
09.2765 ex 0305 62 00   20     Cod (Gadus morhua, Gadus ogac,          9.000     •1    01.01-
                        25     Gadus macrocephalus), and fish of                     31.12.97
                        29     the species Boreogadus saida, salted
                               or in brine, but not dried or smoked,
        ex 0305 69 10    10    for processing (a)(b)
09.2773 ex 0306 13 10    10    Shrimps and prawns of the species       6.000     0   01.03 97-
                               Pandalus horealis, in shell, fresh,                   31.03.98
        ex 0306 23 10    11    chilled or frozen, for processing
                               (a)(b)
                        91
 ---pagebreak---  09.2779      ex 0304 90 05        10       Surimi, frozen, for processing (aXb)           4.000         6           01.04-
                                                                                                                    31.12.97
 09.2780      ex 0304 20 91        10       Blue grenadier fillets (Macrouronus             3.500         6         01.04.97-
                                            novaezelandiae), and other frozen meat                                  31.03.98
              ex 0304 90 97        60       of blue grenadier for processing (aXb)
 09.2785      ex 0307 49 59        10       Tubes of squid (Omnastrephes spp.,              7.000        4           01.04-
                                            excluding Sagittatus, -Nototodarus                                      31.12.97
              ex 0307 99 11        10       spp., Sepioteuthis spp.), and Illex spp.,
                                            frozen , for processing (aXb)
 09.2786      ex 0307 49 59        20       Squid (Omnastrephes spp.- excluding              500          4           01.04-
                                            Sagittatus       Nototodarus          spp.,                              31.12.97
              ex 0307 99 11        20       Sepioteuthis spp.) and Illex spp., frozen
                                            whole, tentacles and fins, for
                                            processing (aXb)
 09.2788      ex 0302 40 05        10-       I lerrings (Clupea harengus,                  20.000         0         01.09.97-
                                             Clupea pallasii),cxcluding livers                                       14.02.98
              ex 0302 40 98        10        and roes, fresh or chilled for
                                             industrial manufacture (aXb)
              ex 0303 50 05        10
              ex 0303 50 98        10
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.
(b) 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 filleting, production of flaps or cutting of frozen blocks),
                sampling, sorting,
                labelling,
                packing;
                chilling,
                freezing,
                deep freezing
                thawing, separation.
(c) The quota is available for products destined exclusively for salting and drying.
     However 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.
                                                             Tr
 ---pagebreak--- FINANCIAL RECORD
       Budget line concerned : Chap. 12 Art. 120
2.     Legal basis : Art. 28 of the Treaty
3.     Title of the tariff measure concerned : Proposal for Council Regulation opening and
       providing for the administration of Community tariff quotas, for certain fishery
       products
4.     Objective : To ensure an adequate supply for Community user industries
5.     Method of calculation;
     Order       CN rate of        Rate of       Estimated      Volume of          Assessed variation on duty
    number           duty            duty           price       quota              loss against the preceding
                     (%)             (%)           ECU/T        (ECU/T)                    quota period
                                                                                              (Ecus)
    09.2753         -5.000            -94              0                0.5                  -540.600
                (v. previous:   (p. previous:   (d. previous:      (d. previous:    (previous loss: 5.715.000)
                   60.000)          1.270)            12)               4.5)
    09.2756         10.000             0               0                 0                    954.400
                                 (p. initial : (d. initial: 12)    (d. initial: 4)
                                    1.193)
    09.2758            0              -92              0                 0                     -3.680
                (v. previous:   (p. previous:   (d. previous:    (d. previous: 0)     (previous loss: 63.520)
                     400)           1.588)            10)
    09.2765            0             -121              0                 0                    -98.010
                (v. previous:   (p; previous:   (d. previous:    (d. previous: 4)   (previous loss: 2.468.880)
                    9.000)          3.048)            13) -
    09.2773            0              103              0                 0                     74.160
                (v. previous:   (p. previous:   (d. previous:    (d. previous: 0)   (previous loss: 2.231.280)
                    6.000)          3099)            12)
                                                 S
 ---pagebreak---     09.2779         500             370               0             0                  359.175
               (v. previous:   (p. previous:   (d. previous: (d. previous: 0)  (previous loss: 960.225)
                   3.500)          1.829)            15)
    09.2780           0             -759              0             0                  -119.543
               (v. previous:   (p. previous:   (d. previous: (d. previous: 6)  (previous loss: 326.655)
                   3.500)          2.074)           10,5)
    09.2785        3.500            -110              0             0                   175.700
               (v. previous:   (p. previous:   (d. previous: (d. previous: 4)  (previous loss: 206.500)
                   3.500)          1.475)            8)
    09.2786           0             -110              0             0                   -2.200
               (v. previous:   (p. previous:   (d. previous: (d. previous: 4)   (previous loss: 29.500)
                    500)           1.475)            8)
    09.2788      - 20 000            75               0             0                  -600.000
               (v. previous:   (p. previous:   (d. previous: (d. previous: 0) (previous loss: 1.650.000)
                  40.000)           275)             15)
Sum of assessed variation on duty loss against the preceding quota period (Ecus)
                   199.402 ecus
       Fight against fraud: Provisions on the management of these tariff quotas include the
       measures necessary for preventing frauds and irregularities and protecting against
       them.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(97) 38 final
                                              DOCUMENTS
EN                                                                   03 02 01
                                    Catalogue number : CB-CO-97-035-EN-C
                                                              ISBN 92-78-15488-1
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