CELEX: 51992PC0079
Language: en
Date: 1992-03-20
Title: Proposal for a COUNCIL REGULATION (EEC) on the common organizaton of the market in fishery products

25 . 5 . 92                                  Official Journal of the European Communities                                    No C 134 / 1
                                                                       II
                                                             (Preparatory Acts)
                                                        COMMISSION
               Proposal for a Council Regulation on the common organization of the market in fishery products
                                                               ( 92 / C 134 / 01 )
                                                             COM (92) 79 final
                                          (Submitted by the Commission on 23 March 1992 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   the income of fishermen in these regions ; whereas it is
                                                                            therefore advisable to encourage market stability by
Having regard to the Treaty establishing the European                       appropriate measures ;
Economic Community , and in particular Articles 42 and 43
thereof,
                                                                            Whereas one of the steps to be taken to implement the
                                                                            common organization of the market is the application of
Having regard to the proposal from the Commission ,                         common marketing standards to the products concerned ;
                                                                            whereas application of these standards should have the effect
                                                                            of keeping products of unsatisfactory quality off the market
Having regard to the opinion of the European Parliament ,
                                                                            and facilitating trade relations based on fair competition ,
                                                                            thus helping to improve the profitability of production ;
Having regard to the opinion of the Economic and Social
Committee ,
                                                                            Whereas the application of these standards calls for the
                                                                            inspection of the products subject to them ; whereas provision
Whereas the basic provisions concerning the organization of                 should therefore be made for such inspection ;
the market in fishery products must be revised to take
account of market developments , changes in recent years in
fishing activities and the shortcomings detected in the                     Whereas it is desirable to make provision under the rules
implementation of the rules currently in force ; whereas by                 regulating the market for measures which would make it
reason of the number and complexity of the amendments to                    possible to adjust supply to market requirements and to
be made , these provisions , unless they are completely                     guarantee , as far as possible , a fair income to producers ;
redrafted , will lack the clarity essential for any rules ; whereas         whereas , given the special features of the market in fishery
Council Regulation ( EEC ) No 3687 / 91 ( J ), for reasons of               products , the formation of producers' organizations whose
clarity and rationality , consolidated the provisions in force              members would be bound by certain rules , notably in the
without affecting the substance of the texts ; whereas                      matter of production and marketing , would contribute to the
Regulation (EEC ) No 3687 / 91 should therefore be                          attainment of these objectives ;
replaced ;
                                                                            Whereas , to support the activity of these organizations with
Whereas the common agricultural policy must include , in                    regard to production , thus facilitating greater market
particular , a common organization of agricultural markets ,                stability , Member States should be permitted to extend ,
which may take various forms depending on the products                      under certain conditions , to all non-members who market
concerned ;                                                                 goods in a specific region the rules adopted by the
                                                                            organization in the region in question on behalf on its
                                                                            members with regard , in particular , to the management of
Whereas the fishing industry is of special importance to the                authorized catch quotas and marketing ;
agricultural economy of certain coastal regions of the
Community ; whereas that industry provides a major part of
                                                                            Whereas application of the system described above involves
(') OJ No L 354 , 23 . 12 . 1991 , p. 1 .                                   costs to be borne by the organization whose rules have been
 ---pagebreak--- No C 134 / 2                                 Official Journal of the European Communities                                     25 . 5 . 92
extended ; whereas , therefore , non-members should                     granted for the processing and storage , for their processing
contribute towards these costs ; whereas the Member States              for human consumption , of certain quantities of fresh
concerned should also be afforded the possibility of granting           products withdrawn from the market ; whereas all the species
an indemnity to those operators in respect of products which ,          likely to be withdrawn from the market must be able to
although they meet marketing standards , could not be                   qualify for that measure ;
marketed and which are withdrawn from the market ;
                                                                        Whereas , for some species , the regional price disparities do
                                                                        not permit their being covered at present by the scheme for
Whereas it is desirable to adopt provisions to facilitate the           the grant of financial compensation to producers'
formation and operation of these organizations and the                  organizations ; whereas , however , in order to foster greater
investment entailed in applying their common rules ; whereas            market stability for the products concerned , however , due
to this end Member States should be permitted to make aid               account being taken of their characteristics and of the
available to them , this aid being partly financed by the               diversity of the circumstances pertaining to their production
Community ; whereas , however , the amount of this aid                  and marketing , the said products should be covered by a
should be limited ; whereas , it should also be temporary and           Community price support scheme adapted to their specific
degressive , so that the financial responsibility of producers          features ;
will gradually increase ;
                                                                        Whereas such a scheme , based on the application of a
                                                                        withdrawal price fixed independently by the producers'
Whereas , at all events , provisions should be laid down to
                                                                        organizations themselves , was introduced on a temporary
ensure that the producers' organizations do not hold a
                                                                        basis ; whereas it makes provision for granting flat-rate aid on
dominant position in the Community ;
                                                                        certain conditions to producers' organizations for products
                                                                        that have been the subject of independent intervention , in the
                                                                        form of withdrawal or processing and stocking for human
Whereas in order to cope with market situations which , in
                                                                        consumption of limited quantities of those products ;
the case of certain fishery products of special importance to
                                                                        whereas , where application of such a scheme leads to an
producers' incomes , are likely to lead to prices which might           alignment of the price as a result of the development of
cause disturbances on the Community market , a guide price
                                                                        production and marketing conditions for the species
which is representative of production areas in the
                                                                        concerned , the inclusion of those species in the financial
Community and which will be used to determine price levels
for intervention on the market must be fixed for each of these          compensation scheme can be envisaged ;
products ;
                                                                        Whereas monitoring of the market in the species concerned
                                                                        indicates that the effects of applying the temporary scheme
Whereas ,      in  order    to   stabilize   prices ,   producers'      have been in line with the objectives set ; whereas the said
organizations should be able to intervene in the market ,               scheme should therefore be made permanent , the same
notably by applying a withdrawal price below which the                  principles being maintained but the list of species being
products of their members shall be withdrawn from the                   adjusted ;
market ;
                                                                        Whereas , where prices for certain frozen products show a
                                                                        significant tendency to decline , provision should be made to
Whereas , it is appropriate in specific cases and under certain         permit the grant of private storage aid to producers'
conditions to support the activities of producers'                      organizations for such products originating in the
organizations by providing financial compensation for                   Community ;
quantities withdrawn from the market ;
                                                                        Whereas the effectiveness of the private storage aid scheme
                                                                         should be improved , account being taken , in particular , of
Whereas the intervention of producers' organizations must               the special features of the production in question ; whereas
be restricted to localized excess supplies which the market             the trend in that production also requires adaptation of the
cannot absorb and which cannot be avoided by measures of a              list of products concerned ;
different kind ; whereas the financial compensation must
therefore be limited to a volume of production to be
                                                                        Whereas a fall in import prices for tuna for the canning
determined ;
                                                                         industry might threaten the income level of Community
                                                                        producers of this product ; whereas provision should
                                                                         therefore be made for compensation to be granted to these
Whereas , to encourage fishermen to adjust their deliveries             producers when necessary ;
more accurately to market requirements , provision should be
 made for different levels of financial compensation
 depending on the volume of market withdrawals ;                         Whereas , in the case of tuna , in order to rationalize the
                                                                         marketing of a uniform product , the compensatory
                                                                         allowance should be reserved to producers' organizations
Whereas in view of the scarcity of certain species in                    satisfying certain conditions ;
 particular , the destruction of fish of a high commercial value
 which have been withdrawn from the market should be                     Whereas , in order to assess whether a situation exists on the
 avoided where possible ; whereas , to this end , aid should be          Community market linked to the trend of prices on the world
 ---pagebreak--- 25 . 5 . 92                                 Official Journal of the European Communities                                  No C 134 / 3
market in tuna that warrants payment of the compensatory               with criteria to be defined , while respecting the Community s
allowance , a check must be made that the drop in                      international obligations ;
Community market prices stems from a drop in import
prices ;                                                               Whereas the safeguard mechanism may , in exceptional
                                                                       circumstances , be impaired ; whereas , in order not to leave ,
Whereas , in order to discourage an abnormal increase in tuna          should this happen , the Community market defenceless
                                                                       against any disturbances which might result therefrom , the
production , provision should be made for limits to be laid            Community should be allowed to take necessary
down within which the allowance may be granted to
                                                                       measures ;
producers' organizations on the basis of supply conditions
recorded on the Community market ;
                                                                       Whereas the levying of any customs duty or charge having
                                                                       equivalent effect and the application of any quantitative
Whereas , however , it is in the Community interest that               restriction or measure having equivalent effect are prohibited
application of Common Customs Tariff duties should be                  in the internal trade of the Community by the provisions of
totally suspended for certain products ; whereas , since               the Treaty ;
Community production of tuna is inadequate , conditions of
supply comparable to those ruling in exporting third                   Whereas the establishment of a single market based on a
countries should be maintained for food-processing                     common price system would be jeopardized by the granting
industries using these products so as not to hinder their              of certain aids ; whereas , therefore , the provisions of the
development in the context of. international conditions of             Treaty whereby aids granted by Member States can be
competition ; whereas any disadvantages which this system              examined , and those which are incompatible with the
might present for Community tuna producers could be offset             common market prohibited , should be made to apply to the
by payment of the indemnities envisaged for this purpose ;             fishing industry ;
Whereas the tariff nomenclature resulting from the                     Whereas the common organization of the market in fishery
application of this Regulation is included in the Common               products must take appropriate account , at the same time , of
Customs Tariff; whereas this Regulation should include the             the objectives set out in Articles 39 and 110 of the
amendments to the Common Customs Tariff;                               Treaty ;
                                                                       Whereas implementation of this common organization must
Whereas experience has shown that it may prove necessary to            also take account of the fact that it is in the Community's
take tariff measures very rapidly , in order to ensure the             interest to preserve fishing grounds as much as possible ;
supply of the Community market and to ensure that the                  whereas the financing of measures relating to quantities
Community's international undertakings are complied with ;             exceeding those which might be allocated to the Member
whereas , in order to allow the Community to deal with such            States should therefore not be permitted ;
situations with all the assiduity called for , provision should
be made for a procedure enabling the requisite measures to be          Whereas , in order to facilitate implementation of the
taken rapidly ;
                                                                       proposed measures , there should be a procedure for
                                                                       establishing close cooperation between Member States and
Whereas , for certain products , measures should be taken              the Commission within a management committee ;
with regard to imports coming from third countries at
abnormally low prices , so as to avoid disturbances on                 Whereas the expenditure incurred by the Member States as a
Community markets ; whereas , in order to ensure the greater           result of the obligations arising out of the application of this
efficiency of these measures , it is appropriate , on the one           Regulation falls on the Community in accordance with the
hand , to improve the system whereby import prices are                  provisions of Articles 2 and 3 of Council Regulation ( EEC )
established , and , on the other hand , to extend the list of those    No 729 / 70 of 21 April 1970 on the financing of the common
products which may be made subject to the reference price               agricultural policy (*), as last amended by Regulation ( EEC )
system ;                                                               No 2048 / 88 ( 2 ),
Whereas , for the majority of the products , the system thus
introduced allows for renunciation of all quantitative                 HAS ADOPTED THIS REGULATION :
 restrictive measures      at the   external    frontier of the
 Community and for applying only the customs duty of the
 Common Customs Tariff actually levied ;                                                               Article 1
 Whereas , however , for some products , in order to enable the         A common organization of the market in fishery products is
 Community processing industry to adjust its production                 hereby established , comprising a price and trading system
 conditions in such a way as to improve its competitive                 and common rules on competition .
 position with regard to imports from certain third countries ,
 Community import arrangements should be introduced on a                This organization shall cover the following products :
 temporary basis for the said products ; whereas the objective
 of the scheme must be to limit the development of the                  H OJ No L 94 , 28 . 4 . 1970 , p . 13 .
 quantities imported of the products in question in accordance          ( 2 ) OJ No L 185 , 15 . 7 . 1988 , p . 1 .
 ---pagebreak--- No C 134 / 4                                    Official Journal of the European Communities                                                     25 . 5 . 92
                       C N code                                                     Description
              ( a ) 0301                  Live fish
                    030 2                 Fish , fresh or chilled , excluding fish fillets and other fish meat of heading No 0304
                    0303                  Fish , frozen , excluding fish fillets and other fish meat of heading No 0304
                    0304                  Fish fillets and other fish meat ( whether or not minced ), fresh , chilled or frozen
              ( b ) 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
              ( c ) 0306                  Crustaceans , whether in shell or not , live , fresh , chilled , frozen , dried , salted or in brine ;
                                          crustaceans , in shell , cooked by steaming or by boiling in water , whether or not chilled ,
                                          frozen , dried , salted or in brine
                    0307                  Molluscs , whether in shell or not , live , fresh , chilled , frozen , dried , salted , or in brine ;
                                          aquatic invertebrates other than crustaceans and molluscs , live , fresh , chilled , frozen ,
                                          dried , salted or in brine
              (d)                         Animal products , not elsewhere specified or included ; dead animals of Chapter 1 or 3 ,
                                          unfit for human consumption :
                                          — Other :
                                          — — Products of fish or crustaceans , molluscs or other aquatic invertebrates ; dead
                                                  animals of Chapter 3 :
                    0511 91 10            — — — Fish waste
                    0511 91 90            — — - Other
              ( e ) 1604                  Prepared or preserved fish ; caviar and caviar substitutes prepared from fish eggs
              ( f) 1605                 " Crustaceans , molluscs and other aquatic invertebrates , prepared or preserved
              (g)                         Pasta , whether or not cooked or stuffed ( with meat or other substances ) or otherwise
                                          prepared , such as spaghetti , macaroni , noodles , lasagne , gnocchi , ravioli , canelloni ;
                                          couscous , whether or not prepared :
                    1902 20 10            — Containing more than 20 % by weight of fish , crustaceans , molluscs or other aquatic
                                              invertebrates
              (H)                         Flours , meals and pellets , of meat or of meat offal , of fish or of crustaceans , molluscs or
                                          other aquatic invertebrates , unfit for human consumption ; greaves :
                    2301 20 00            — Flours , meals and pellets , of fish or of crustaceans , molluscs or other aquatic
                                             invertebrates
                              TITLE I                                            offered for sale , sold or otherwise marketed unless they
                                                                                 conform to these standards , subject to special rules which
                    MARKETING STANDARDS
                                                                                 may be adopted for trade with third countries .
                              Article 2
                                                                                 3.      The marketing standards and general rules for their
1.    Common marketing standards and the scope of such                           application , including the special rules referred to in
standards may be determined for the products listed in                           paragraph 2 , shall be adopted by the Council acting by a
Article 1 or groups of these products ; these standards may , in                  qualified majority on proposal from the Commission .
particular, cover classification by quality , size or weight ,
packing , presentation and labelling .
                                                                                 4.      Other detailed rules of application , and in particular
2.    When marketing standards have been adopted , the                           the adjustments to be made to the common marketing
products to which they apply may not be displayed for sale ,                      standards to take account of changes in production and sales
 ---pagebreak--- 25 . 5 . 92                                Official Journal of the European Communities                                    No C 134 / 5
conditions , shall be adopted in accordance with the                        members ; the organization may decide that this
procedure laid down in Article 32 .                                         requirement can be waived if products are disposed of in
                                                                            accordance with common rules established in advance ,
                             Article 3
                                                                      — to apply , with regard to production and marketing , rules
                                                                            which have been adopted by the organization with the
                                                                            particular aim of improving product quality , adapting
1.      Products for which common marketing standards have                  the volume of supply to market requirements and
been adopted shall be subject to inspection by Member States                ensuring proper management of the catch quotas
for conformity with these standards .                                       authorized .
                                                                      2.       The producers' organizations must not hold a
This inspection may take place at all marketing stages and            dominant position on the common market unless necessary
during transport .                                                    in pursuance of the objectives in Article 39 of the Treaty .
2.      Member States shall take all appropriate measures to          3.       Detailed rules for the application of this Article shall be
penalize infringements of Article 2 .                                 adopted in accordance with the procedure laid down in
                                                                      Article 32 .
3.      Not later than one month after the entry into force of
each marketing standard , Member States shall notify the
other Member States and the Commission of the name and
address of the bodies entrusted with the inspection of each                                         Article 5
product or group of products for which a standard has been
adopted .                                                             1.        Where a producers' organization is considered to be
                                                                      representative of production and marketing in one or more
4.      Detailed rules for the application of paragraph 1 shall       landing places on part of the coast of a Member State , the
 be adopted as necessary in accordance with the procedure             Member State concerned may oblige producers who are not
laid down in Article 32 , account being taken in particular of        members of the organization and who market any of the
 the need to ensure coordination of the work of the inspection        products referred to in Article 1 within the area of which the
bodies and uniformity in the interpretation and application           producers' organization is representative to comply with :
of common marketing standards .
                                                                      ( a) the marketing rules referred to in the second indent of
                                                                              the second subparagraph of Article 4 ( 1 );
                                                                      ( b ) the rules adopted by the organization concerned on
                             TITLE II                                         market withdrawal and carry-over for the fresh or
                                                                              chilled products referred to in points ( a ) and ( c ) of the
                PRODUCERS' ORGANIZATIONS
                                                                              second paragraph of Article 1 .
                                                                              However , the rules can be extended to non-members in
                                                                              the case of the products listed in Annex I , A and D only
                           Chapter 1                                          in so far as the withdrawal price is equal to the price
                                                                              fixed in accordance with Article 11 and , in the case of
               Role of producers' organizations                               the products listed in Annex I.E , only if the intervention
                                                                              price is equal to the price fixed in accordance with
                                                                              Article 13 .
                             Article 4
                                                                      It may be decided that the rules referred to above shall not
                                                                      apply to certain categories of sales .
 1.      For the purpose of this Regulation , 'producers'
 organization' means any recognized organization or
 association of such organizations , established on producers'         2.       Member States shall notify to the Commission the rules
 own initiative for the purpose of taking such measures as will       which they intend to make obligatory pursuant to
 ensure that fishing is carried out along rational lines and that     paragraph 1 .
 conditions for the sale of their products are improved .
                                                                       The Commission may , within two months of their
 These measures , which shall be designed in particular to             notification :
 promote implementation of such catch plans , concentrations
 of supply and regularization of prices , shall require                ( a ) decide that the rules notified may not be made
 members :                                                                    obligatory ; or
 — to dispose , through the organization , of their total output       ( b ) declare void the extension of the rules decided on by the
     of the product or products in respect of which they are                  Member State , in particular where , pursuant to
 ---pagebreak--- No C 134 / 6                                  Official Journal of the European Communities                                      25 . 5 . 92
      Article 2 of Regulation ( EEC ) No 26 ( J ), it finds that         — the selling price fixed in accordance with Article 13 for
      Article 85 ( 1 ) of the Treaty is applicable to the                    the products listed in Annex I.E.
      agreement , decision or practice whereby the standards
      in question are adopted or executed . In that case the             2.     The expenditure resulting from the granting of the
      Commission's decision with regard to the agreement ,               indemnity referred to in paragraph 1 shall be borne by the
      decision or practice shall apply only from the date of             Member State concerned .
      such finding .
3.      Member States shall take all appropriate measures
to :
                                                                                                   Chapter 2
— ensure that the rules referred to in paragraph 1 are
     complied with ,
                                                                                        Aid for producers' organizations
— penalize breaches of those rules .
                                                                                                       Article 7
They shall inform the Commission of such measures .
                                                                         1.     Member States may make aid available to producers'
4.      Where paragraph 1 is applied , the Member State                  organizations established after 1 January 1993 to encourage
concerned may decide that non-members are liable to the                  their formation and to facilitate their operation .
organization for all or part of the fees paid by member
producers in so far as these fees are intended to cover                  2.     Such aid shall relate to the three years following
administrative costs resulting from the application of the               recognition . For the first , second and third years the aid shall
system referred to in paragraph 1 .                                      not exceed 3 % , 2 % and 1 % respectively of the value of
                                                                         production marketed under the auspices of the producers'
                                                                         organization . Nor shall it exceed 60 % , 40 % and 20 % of the
5.      Where paragraph 1 is applied , Member States shall
effect , where necessary , through the agency of the producers'          organization's administrative expenses in the first , second
organizations , the withdrawal of products not satisfying the            and third years respectively .
marketing rules or which could not be sold at a price at least
equal to the withdrawal price .                                          Payment of the aid shall be made within five years of the date
                                                                         of recognition .
6.      Detailed rules for the application of this Article shall be
                                                                         3.     The value of production marketed shall be established
adopted in accordance with the procedure laid down in
Article 32 .                                                             on a standard basis for each year , namely :
                                                                         — members' average marketed production during the three
                                                                             calendar years immediately preceding membership of the
                                                                             organization ,
                               Article 6
                                                                         — average producer prices obtained by those members over
                                                                             the same period .
1.      Where Article 5 ( 1 ) is applied , the Member State may
grant an indemnity to producers who are not members of an
organization and who are established in the Community in                 4.     During the five years immediately following the
respect of products which :                                              creation of the intervention funds referred to in Article 8 ,
                                                                         Member States may make aid available to producers'
                                                                         organizations , either directly or through credit institutions ,
— cannot be marketed pursuant to Article 5 ( 1 ) ( a ), or
                                                                         in the form of loans on special terms to cover part of the
                                                                         anticipated cost of market intervention within the meaning of
— have been withdrawn from the market pursuant to                        Article 8 .
     Article 5(1 ) ( b ).
                                                                         5.     The aid referred to in paragraph 2 shall be notified to
The indemnity shall be granted without discrimination as to              the Commission in a report which Member States shall
the nationality or place of establishment of the recipients . It         forward to it at the end of each financial year .
may not exceed 60 % of the amount arrived at by applying to
the quantities withdrawn :                                               When the aid referred to in paragraph 4 is granted , the
                                                                         Commission shall be notified immediately .
— the withdrawal price fixed in accordance with Article 1 1
     for the products listed in Annex I. A and D , or                    6.     Detailed rules for the application of this Article shall be
                                                                         adopted in accordance with the procedure laid down in
(») OJ No 30 , 20 . 4 . 1962 , p . 993 / 62 .                            Article 32 .
 ---pagebreak--- 25 . 5 . 92                                 Official Journal of the European Communities                                   No C 134 / 7
                             TITLE III                                 and E and for each of the products and groups of products
                                                                       listed in Annex II .
                              PRICES
                                                                       These prices shall be valid for the whole Community and
                                                                       shall be fixed for each fishing year or for each of the periods
                            Chapter 1                                  into which that year is subdivided .
                       Withdrawal scheme
                                                                       2.      The guide price shall be based on :
                             Article 8                                 — the average of prices recorded for a significant proportion
                                                                            of Community output and a product with given
 1.     For the products listed in Article 1 , producers'                   commercial characteristics on representative wholesale
organizations may fix a withdrawal price below which they                   markets or in representative ports during the three fishing
will not sell products supplied by their members .                          years immediately preceding the year for which the price
                                                                            is fixed ,
In this event , for quantities withdrawn from the market ,
producers' organizations :                                             — an assessment of production and demand prospects .
— shall grant an indemnity to members in respect of the                In fixing the price , account shall also be taken of the need
    products listed in Annex I. A and D and in Annex VI                to :
    which conform to the standards adopted in accordance
     with Article 2 ,
                                                                       — stabilize market prices and avoid the formation of
— may grant an indemnity to members in respect of other                     surpluses in the Community ,
    products listed in Article 1 but not in Annex I.A and D
     nor in Annex VI .                                                 — help support producers' incomes ,
For each product listed in Article 1 , a maximum level for the         — consider consumers' interests .
withdrawal price may be fixed in accordance with
paragraph 5 .
                                                                       3.      The Council , acting by a qualified majority on a
                                                                       proposal from the Commission , shall determine the level of
2.      The disposal of products thus withdrawn from the
market must be determined by producers' organizations in               the guide prices referred to in paragraph 1 .
such a way as not to interfere with normal marketing of the
product in question .
                                                                                                    Article 10
3.      To finance these withdrawal measures , producers'
organizations shall create intervention funds fed by
contributions assessed on quantities offered for sale or shall ,       1.      Throughout the period during which the guide price is
alternatively , have recourse to an equalization system .              applicable , Member States shall notify the Commission of
                                                                       the prices recorded on representative wholesale markets or in
4.      Producers' organizations shall supply the following            representative ports for products having the characteristics
information to the national authorities               who     shall    selected for fixing the guide price .
communicate it to the Commission :
— a list of the products for which they intend to operate the          2.      Markets and ports in Member States where a
    system described in paragraph 1 ,                                  significant proportion of Community output of a given
                                                                       product is marketed shall be regarded as representative
— the period during which withdrawal prices are                        within the meaning of paragraph 1 .
    applicable ,
— the level of withdrawal prices proposed and applied .                3.      Detailed rules for the application of this Article shall be
                                                                       adopted , and the list of representative markets and ports
5.      Detailed rules for the application of this Article shall be    referred to in paragraph 2 approved , in accordance with the
adopted in accordance with the procedure laid down in                  procedure laid down in Article 32 .
Article 32 .
                                                                                                    Article 11
                             Article 9
1.     A guide price shall be fixed before the beginning of the        1.      For each of the products listed in Annex I.A and D , a
fishing year for each of the products listed in Annex I.A , D          Community withdrawal price shall be fixed on the basis of
 ---pagebreak--- No C 134 / 8                                 Official Journal of the European Communities                                       25 . 5 . 92
the freshness , size or weight and the presentation of the              3.      The financial compensation shall be equal to :
product , hereinafter called 'product category', by applying to
an amount equal at least to 70 % , and not exceeding 90 % , of          — 85 % of the withdrawal price for quantities withdrawn
the guide price , the conversion factor of the category of the              from the market by the producers' organizations
product concerned . These conversion factors shall reflect the              concerned which do not exceed 5 % ,
price relationship between the category of products under
consideration and that adopted for fixing the guide price .             — 70% of the withdrawal price for quantities withdrawn
The Community withdrawal price must , however , in no case                  from the market by the producers' organizations
                                                                            concerned which exceed 5 % and do not exceed 10% ,
exceed 90% of the guide price .
                                                                        — 0% of the withdrawal price for quantities withdrawn
2.       In order to ensure producers in landing zones which are            from the market by the producers' organizations
                                                                            concerned which exceed 10%
very far away from the principal consumption centres of the
Community access to markets under satisfactory conditions ,
                                                                        of the annual quantities of the product concerned which are
the prices referred to in paragraph 1 may be weighted , for             put up for sale in accordance with Article 4 ( 1 ).
these zones , by adjustment conversions .
                                                                        4.      Production by members of an organization withdrawn
3.       The procedures for applying this Article and , in              from the market by that organization or another
particular , the ascertainment of the percentage of the guide           organization pursuant to Article 5 shall be taken into
price serving as an element in the calculation of the                   consideration for the purpose of calculating the financial
Community withdrawal prices and the determination of the                compensation to be granted to the organization to which the
landing zones referred to in paragraph 2 , as well as the               producers in question belong .
prices , shall be adopted in accordance with the procedure
laid down in Article 32 .                                               5.      The financial compensation shall be reduced by the
                                                                        value , set at a standard amount , of the product intended for
                                                                        purposes other than human consumption or by the net
                                                                        proceeds from the disposal of products for human
                                                                        consumption in accordance with paragraph 2 . The above
                             Article 12
                                                                        value shall be set at the beginning of the fishing year . It shall ,
                                                                        however , be adjusted if significant and lasting price changes
 1.       Member States shall grant financial compensation to           take place on Community markets .
producers' organizations which intervene pursuant to
 Article 8 in respect of the products listed in Annex I. A and D        6.      Detailed rules for the application of this Article shall be
 on condition that :                                                    adopted in accordance with the procedure laid down in
                                                                        Article 32 .
 ( a ) the withdrawal price applied by these organizations is
        the Community withdrawal price fixed in accordance
        with Article 11 , a margin of tolerance extending 10%
        below and 10% above this price being , however ,                                           Chapter 2
        permitted to take account in particular of seasonal
        fluctuations in market prices ;
                                                                                                  Carry-over aid
 ( b ) products withdrawn conform to the standards adopted
        in accordance with Article 2 ;                                                               Article 13
 ( c) the indemnity granted to members in respect of                    For each of the products listed in Annex I.E , a Community
        quantities withdrawn from the market is equal to the            selling price shall be fixed according to the same conditions as
        withdrawal price applied by these organizations ;               those laid down in Article 11 for fixing the withdrawal
                                                                        price .
  ( d ) a withdrawal price no less than the price referred to in
        Article 1 1 is applied for each category of the product
        concerned . However , a producers' organization which ,                                      Article 14
        as one of the measures referred to in Article 4(1 ), applies
        a ban on the sale of certain categories of products shall        1.     The following shall be eligible for a carry-over aid :
        not be required to apply the Community withdrawal
        price for those categories of products .                        — the products listed in Annex I. A and D withdrawn from
                                                                             the market at the withdrawal price referred to in
                                                                             Article 11 ,
  2.      Financial compensation shall be granted only where
  products withdrawn from the market are disposed of for                 — the products listed in Annex I.E which have been put for
  purposes other than human consumption or in such a way as                  sale but for which it has been established that a buyer has
  not to interfere with normal marketing of the products                     not been found at the Community selling price fixed in
  referred to in Article 11 .                                                accordance with Article 13 , a margin of tolerance
 ---pagebreak--- 25 . 5 . 92                                  Official Journal of the European Communities                                  No C 134 / 9
      extending 10% below and 10% above this price being ,              a way that does not affect the normal disposal of
      however , permitted to take account in particular of              production .
      seasonal fluctuations in market prices .
                                                                        3.     The amount of the flat-rate aid shall be 75% of the
2.       Only such quantities shall be considered as eligible for       autonomous withdrawal price applied during the current
a carry-over aid as :                                                   fishing year , this amount being reduced by the value , fixed at
                                                                        a standard amount , of the product which is disposed of as
— have been supplied by a member producer,                              specified in paragraph 2 .
— meet         certain     quality ,   size   and     presentation
      requirements ,                                                    4.     The flat-rate aid shall also be granted for quantities
                                                                        withdrawn from the market which are either processed to
— are either processed to stabilize them and stored or                  stabilize them and stored or preserved in accordance with
      preserved in accordance with conditions and for a period          conditions and for a period to be determined . The amount of
      to be determined .                                                the flat-rate aid in such cases may not exceed the amount of
                                                                        the technical and financial costs associated with the
3.       For each of the products concerned , the aid shall be          operations which are essential for stabilization and
granted only for quantities not exceeding 10 % of the annual            storage .
quantity of the product in question put up for sale in
accordance with Article 4(1 ).                                          5.     The sum of the quantities eligible for the flat-rate aid
                                                                        pursuant to paragraphs 2 and 4 may together not exceed
The amount of this aid may not exceed the amount of the                 10 % of the annual quantities of the products concerned put
technical and financial costs associated with the operations            up for sale in accordance with Article 4(1 ).
which are essential for stabilization and storage .
                                                                        6.     The Member States concerned shall introduce a
4.       Detailed rules for the application of this Article shall be    control system ensuring that products for which the flat-rate
adopted in accordance with the procedure laid down in                   aid is applied do in fact qualify for it .
Article 32 .
                                                                        For the purposes of this control system , recipients of the
                                                                        flat-rate aid shall keep stock records which meet criteria to be
                                                                        determined .      Member    States  shall  comunicate     to   the
                                                                        Commission at intervals to be laid down a table showing
                            Chapter 3                                   average product and category prices recorded at
                                                                        representative wholesale markets or ports .
            Autonomous withdrawal and carry-over
                                                                        7.     The Council , acting by a qualified majority on a
                                                                        proposal from the Commission shall decide , depending on
                              Article IS                                the alignment of the prices for the species referred to under
                                                                        this Article , on their inclusion in the list of products in
1.       For products listed in Annex VI , Member States shall          Annex I. A.
grant flat-rate aid to producers' organizations which practise
intervention in accordance with Article 8 , on condition                8.     Detailed rules for the application of this Article shall be
that :                                                                  adopted in accordance with the procedure laid down in
                                                                        Article 32 .
( a ) the said organizations determine a withdrawal price ,
       hereinafter called an 'autonomous withdrawal price',
       before the beginning of the fishing year ; the producers'
       organizations shall apply that price throughout the
       fishing year , a tolerance of 10 % below and 5 % above                                      Chapter 4
       being allowed ; the price may not , however , exceed 80 %
       of the weighted average price recorded for the product                                   Private storage aid
       categories in question in the area of activity of the
       producers' organizations concerned during the previous
       three fishing years ;                                                                        Article 16
( b ) the products withdrawn meet the standards adopted in
       accordance with Article 2 ;                                      1.     Private storage aid for the products listed in Annex II
                                                                        may be granted to producers' organizations applying
( c ) the indemnity granted to associated producers in respect          Article 4 ( 1 ) to production and marketing during the current
       of the products withdrawn from the market is equal to            fishing year .
       the autonomous withdrawal price applied by the
       producers' organizations .                                       2.     The aid shall be granted where the average prices
                                                                        realized for a product offered for sale by the producers'
2.       The flat-rate aid shall be granted for quantities              organizations during a significant period to be determined
withdrawn from the market which have been put up for sale               are less than 85% of the guide price referred to in
in accordance with Article 4(1 ) and which are disposed of in           Article 9(1 ).
 ---pagebreak--- No C 134 / 10                             Official Journal of the European Communities                                     25 . 5 . 92
3.      The following rules shall apply to the grant of aid :        3.     Member States shall notify the Commission of average
                                                                     monthly prices recorded at representative wholesale markets
— the products must have been fished , frozen on board and           or ports for products of Community origin as referred
     landed in the Community by a member of a producers'             to in paragraph 1 which have defined commercial
     organization ,                                                  characteristics .
— the aid shall be restricted to 15 % of the average quantity        4.     For the purpose of paragraph 3 the representative
     of the products offered for sale in the Community in            markets and ports of the Member States shall be those where
     accordance with Article 4 during the same period of three       a significant proportion of Community production of tuna is
     fishing years preceding the fishing year in respect of          marketed .
     which the aid is granted . Aid may not , however , be
     granted for more than 15% of the quantity offered for
     sale during the period in progress ,                            5.     Detailed rules for the application of this Article , in
                                                                     particular the setting of conversion factors for the various
— the products must be stored for a minimum period and               species , sizes and presentations of tuna and a list of the
     then placed on the Community market again .                     representative markets and ports referred to in paragraph 3 ,
                                                                     shall be adopted in accordance with the procedures laid
                                                                     down in Article 32 .
4.      The amount of the aid may not exceed the sum of
technical costs and interest for a maximum period of three
months .    This    amount   shall   be   fixed  each   month
degressively .                                                                                  Article 18
5.      Detailed rules for the application of this Article, in       1.     For the quantities of products listed in Annex III ,
particular the amount of the private storage aid and the             fished by their members and sold and delivered to the canning
conditions on which it is granted , shall be adopted in              industry on the customs territory of the Community , an
accordance with the procedure laid down in Article 32 .              allowance shall be granted to producers' organizations where
                                                                     it is found , in respect of a given calendar quarter that ,
                                                                     simultaneously :
                                                                     — the average selling price recorded on the Community
                                                                          market , and
                          Chapter 5
                                                                     — the free-at-frontier price mentioned in Article 22 , plus
                        Tuna for canning                                 any applicable countervailing charge ,
                                                                     are both lower than a triggering threshold of 85 % of the
                                                                     Community producer price for the product in question .
                           Article 17
                                                                     2.     The allowance may not exceed :
1.      For each of the products listed in Annex III , a
Community producer price shall be fixed before the                   — the difference between the triggering threshold and the
beginning of each fishing year and determined in accordance               average selling price of the product in question recorded
with the first and second indents of Article 9 ( 2 ).
                                                                          on the Community market , or
That price shall be valid throughout the Community and               — a flat-rate amount equivalent to 10% of the said
shall be fixed for each fishing year .                                   threshold .
In fixing this price , account shall also be taken of the need       3.     The quantities of each of the products eligible for the
to :                                                                 allowance shall be subject to a ceiling equal to the average of
                                                                     the quantities sold and delivered , on the conditions referred
— take into consideration the conditions of supply of the            to in paragraph 1 , during the equivalent quarter of the three
     Community canning industry ,                                    fishing years preceding that for which the allowance is
                                                                     paid .
— help support producers' incomes ,
                                                                     4.     The amount of the allowance granted to each
— avoid the formation of surpluses in the Community .                producers' organization shall be equal to :
2.      The Council , acting by a qualified majority on a            — the amount laid down in paragraph 2 for quantities of the
proposal from the Commission , shall set the Community                    product in question which have been disposed of in
producer price referred to in paragraph 1 before the                      accordance with paragraph 1 and which do not exceed
beginning of each fishing year.                                           the average quantities sold and delivered under the same
 ---pagebreak--- 25 . 5 . 92                                Official Journal of the European Communities                                No C 134 / 11
     conditions by its members in the equivalent quarter in the                                    Article 20
     three fishing years preceding that for which the allowance
     is paid ,                                                         1.    In an emergency caused by :
— 95 % of the amount laid down in paragraph 2 for
     quantities of the product in question which exceed the           — supply difficulties on the Community market , or
     average quantities referred to in the previous indent , up
     to a limit of 110% of those quantities ,                         — the fulfilment of international commitments ,
— 90 % of the amount laid down in paragraph 2 for                     it may be decided wholly or partly to suspend the Common
     quantities of the product in question which exceed those         Customs Tariff duties in respect of the products listed in
     laid down in the previous indent and which are equal to          Article 1 , in accordance with the procedure laid down in
     the surplus of the quantities resulting from the allocation      Article 32 .
     among producers' organizations of the quantities eligible
     for an allowance under paragraph 3 .                             2.     The Commission shall inform the European
                                                                      Parliament and the Council of any decision taken pursuant to
The allocation shall be made between the producers'                   paragraph 1 .
organizations concerned proportionately on the basis of their
respective production during the equivalent quarter in the
three fishing years preceding that for which the allowance is
paid .
5.      Producers' organizations shall allocate the allowance                                     Chapter 2
granted to their members proportionately on the basis of the
quantities produced by them and sold and delivered in
accordance with paragraph 1 .                                                   Particular provisions for certain products
6.      Detailed rules for the application of this Article , in
particular the amount of the allowance and the rules for its                                       Article 21
grant , shall be adopted in accordance with the procedure laid
down in Article 32 .
                                                                      1.     For a period of five years from the entry into force of
                                                                      this Regulation , the annual imports into the Community of
                                                                      the products listed in Annex IV . C shall be limited to a
                                                                      maximum amount equal to the total volume of imports
                             TITLE IV                                 recorded during the year 1991 , hereinafter called the
                                                                      'reference year', multiplied by an annual rate of increase .
               TRADE WITH THIRD COUNTRIES
                                                                      However, for the products listed in point 1 of Annex IV . C ,
                           Chapter 1                                  this Article shall apply only to products manufactured from
                                                                      sardines of the species 'sardina pilchardus' complying with
                     Customs arrangements                             the standards laid down by Council Regulation ( EEC )
                                                                      No 2136 / 89 (*).
                             Article 19                               2.     The annual rate of increase referred to in paragraph 1
                                                                      shall result from the arithmetical average of the rates of
1.      The tariff and statistical nomenclature of the Common         development of consumption of the products concerned in
Customs Tariff is hereby amended in accordance with                   the Community during the reference year and the two years
Annex VII .                                                           preceding it , but may not be below a minimum of 5 % .
2.      The general rules for interpretation of the Common
Customs Tariff and the particular rules for its application           3.     The annual rate of increase defined in paragraph 2
shall be applicable to the classification of products covered         shall apply for the purpose of calculating the maximum
                                                                      annual amount referred to in paragraph 1 , from the first year
by this Regulation ; the tariff nomenclature resulting from the
                                                                      following the reference year *
application of this Regulation shall be adopted in the
Common Customs Tariff.
                                                                      4.     This Article shall be generally applied in accordance
3.      Save as otherwise provided in this Regulation , or            with common detailed rules adopted by the Commission
where derogation therefrom is decided by the Council , acting         with regard to the system of import and export licences and
by a qualified majority on a proposal from the Commission ,           advance fixing certificates for agricultural products .
the following shall be prohibited :
— the levying of any charge having an effect equivalent to a          5.     The other detailed rules of application shall be adopted
    customs duty ,                                                    in accordance with the procedure laid down in Article 32 .
— the application of any quantitative restriction .                   (*) OJ No L 212 , 22 . 7 . 1989 , p. 79 .
 ---pagebreak--- No C 134 / 12                                Official Journal of the European Communities                                        25 . 5 . 92
                             Chapter 3                                  The conversion factors fixed in accordance with the
                                                                        procedure laid down in Article 17(5 ) shall be applied to the
                                                                        various types of tuna and to the various forms of
                         Reference prices                               presentation .
                                                                        3.       For the products specified in Annex I. A , D and E , a
                                                                        free-at-frontier price shall be established , based on the prices
                             Article 22
                                                                        recorded by the Member States for the various product
                                                                        categories at a specific marketing stage for the imported
                                                                        product on the representative import markets or in the
1.      In order to obviate disturbances caused by supplies             representative ports of import , reduced by an amount equal
from third countries at abnormal prices or under such                   to the customs duty in the Common Customs Tariff actually
conditions as would jeopardize the stabilization measures               levied and any charges levied on these products and by the
referred to in Articles 11 , 12 , 13 , 14 , 16 or 17 reference
                                                                        cost of unloading and transport from Community frontier
prices valid for the Community shall be fixed each year , by            crossing points to those markets or ports .
product category , for the products specified in Annexes I , II ,
III , IV.B and V , subject to the consultation procedures laid
down for certain products by the international commitments              For the products specified in Annexes I.B and C , II , III , IV . B
of the Community within the framework of the General                    and V , a free-at-frontier price shall be established , based on
Agreement on Tariffs and Trade ( GATT ).                                the price recorded by each Member State for the usual
                                                                        commercial quantities which are imported into the
                                                                        Community , reduced by an amount equal to the customs
2.      The reference price for the products specified in
                                                                        duty in tj^e Common Customs Tariff actually levied and any
Annex LA and D shall be equal to the withdrawal price fixed             charges levied on the products and by the cost of unloading
in accordance with Article 11 (1 ). The reference price for the         and transport .
products specified in Annex I.C shall be fixed on the basis of
the reference price for the products specified in Annex I.A ,
taking account of the processing costs and of the need to               Member States shall notify the Commission regularly of:
ensure a relationship of prices in keeping with the market
situation .
                                                                        — the prices of the products referred to in the first
                                                                              subparagraph recorded on representative markets or at
The reference price for the products specified in Annex I.E                   representative ports ,
shall be equal to the Community selling price fixed in
accordance with Article 13 .
                                                                        — the prices of the products referred to in the second
                                                                              subparagraph .
The reference price for the products specified in Annexes I.B ,
IV.B and V shall be determined on the basis of the average              4.       When the free-at-frontier price for a given product
reference price for the fresh product , taking account of the           imported from a third country is lower than the reference
processing costs and of the need to ensure a relationship of            price , and if significant quantities of the product are
prices in keeping with the market situation . Where there is no         imported :
reference price for a fresh product , this price shall be
determined on the basis of the reference price applied to a
commercially similar fresh product .                                    ( a ) autonomous suspension of the Common Customs Tariff
                                                                               duties may be abolished in the case of imports for which
                                                                               the free-at-frontier price is lower than the reference
The reference price for the products specified in Annex II                     price ;
shall be derived from the guide price referred to in Article 9
( 1 ) by reference to the price level specified in Article 16 ( 2 ) at  ( b ) in the case of the products specified in Annexes I.A ( with
which the intervention measures provided for therein may be                    the exception of the product referred to in point 3 ), C , D
taken and fixed taking account of the situation of the market                   and E , II , IV . B and V , imports may be subjected to the
in these products .                                                             requirements that the free-at-frontier price determined
                                                                               in accordance with paragraph 3 is at least equal to the
                                                                               reference price ;
The reference price for the tuna specified in Annex III
 intended for use by the canning industry shall be based on the
 weighted average of the free-at-frontier prices recorded on             ( c ) in the case of the products specified in Annex LA ,
 the most representative import markets or in the most                         point 3 and B and Annex III , imports may be subjected
 representative ports of import in the Member States during                     to a countervailing charge , provided that this complies
 the three years immediately preceding the date on which the                    with the GATT rules on binding . However , where
 reference price is fixed , reduced by an amount equal to any                   imports at entry prices lower than the reference price are
 customs duties and charges levied on the products and by the                   from certain countries only or of certain species only , the
 cost of unloading and transport from Community frontier                        countervailing charge shall be levied only on imports
 crossing points to those markets or ports .                                    from those countries or of those species .
 ---pagebreak--- 25 . 5 . 92                                   Official Journal of the European Communities                                   No C 134 / 13
The countervailing charge shall be equal to the difference               Community , the price plus the Common Customs Tariff
between the reference price and the free-at-frontier price .             duty actually levied will not be less than the reference price
This charge , which shall be the same for all Member States ,            and that deflections of trade will be avoided .
shall be added to the customs duties in force .
                                                                         5.      Detailed rules for the application of this Article , in
                                                                         particular the level of the reference prices , shall be adopted in
5.      However , the measures referred to in paragraph 4 ( c )          accordance with the procedure laid down in Article 32 .
shall not apply to third countries which undertake , on                  Decisions to introduce , alter or withdraw the countervailing
specific terms , that their products will be offered at prices to        charge , or to admit a particular third country to the benefit of
be determined in accordance with paragraph 3 which are at                paragraph 4 , shall be taken in accordance with the same
least equal to the reference price , and which do in practice            procedure .
observe this price in their deliveries to the Community .
6.      Detailed rules for the application of this Article , in
particular the level of the reference price , shall be adopted to                                   Chapter 4
the procedure laid down in Article 32 . The application and
repeal of the measures provided for in paragraph 3 shall be                                     Emergency measures
decided on in accordance with the same procedure .
                                                                                                      Article 24
However , in the intervals between the periodic meetings of
the management committee , these measures shall be adopted
by the Commission . In this event , they shall remain valid              1.      If, by reason of imports or exports , the Community
until any measures adopted in accordance with the procedure              market in one or more of the products specified in Article 1
laid down in Article 32 enter into force .                               ( 2 ) experiences or is threatened with serious disturbances
                                                                         which may endanger the objectives of Article 39 of the
                                                                         Treaty , appropriate measures may be applied in trade with
                                                                         third countries until such          disturbance    or   threat  of
                                                                         disturbance has ceased .
                             Article 23
                                                                         2.      If the situation mentioned in paragraph 1 arises , the
1.      In order to obviate disturbances caused by supplies              Commission shall , at the request of a Member State or on its
from third countries at abnormally low prices , reference                own initiative , adopt the necessary measures ; the measures
                                                                         shall be communicated to the Member States and shall be
prices for the products referred to in Annex IV . A may be
fixed before the beginning of each marketing year . These                immediately applicable . If the Commission receives a request
                                                                         from a Member State , it shall take a decision thereon within
prices may be fixed at different levels during periods to be
determined within each marketing year according to seasonal              six working days from receipt of the request .
fluctuations in prices .
                                                                         3.      The measures adopted by the Commission may be
                                                                         referred to the Council by any Member State within three
2.      The reference prices referred to in paragraph 1 shall be         working days of the day on which they were communicated .
fixed on the basis of the average of the producer prices                 The Council shall meet without delay . It may , acting by a
recorded during the three years preceding the date on which              qualified majority , amend or repeal the measures in
the reference price is fixed for a product with given                    question .
commercial characteristics in the representative production
areas of the Community .
3.      If the free-at-frontier price valid for a consignment of a                                     TITLE V
normal commercial quantity of the products referred to in
                                                                                              GENERAL PROVISIONS
paragraph 1 of specified provenance is lower than the
reference price , imports of those products from the third
country in question may be made subject , in compliance with
                                                                                                      Article 25
the GATT rules on binding , to a countervailing charge equal
to the difference between the reference price and the
free-at-frontier price plus the Common Customs Tariff duty               1.      Fifty per cent of the aid granted by the Member States
actually levied . The Commission shall follow regularly the              pursuant to Article 7(1 ) and ( 2 ) shall be reimbursed by the
trend in free-at-frontier prices of products imported from               Guidance Section of the European Agricultural Guidance
                                                                         and Guarantee Fund .
each provenance .
                                                                         2.      Intervention measures shall be financed as provided for
4.      The countervailing charge provided for in paragraph 3            in Articles 6 , 12 , 14 , 15 , 16 and 18 in respect of products
shall not , however , be levied in the case of third countries           from a stock or group of stocks only up to the limit of any
which are willing and able to guarantee that , when the                  quantities allocated to the Member State in question from the
products referred to in paragraph 1 originating in and                   total volume of allowable catches for the stock or group of
coming from their territory are imported into the                        stocks in question .
 ---pagebreak--- No C 134 / 14                               Official Journal of the European Communities                                      25 . 5 . 92
3.     Detailed rules for the application of this Article shall be                                Article 32
adopted in accordance with the procedure laid down in
Article 32 .                                                           Where the procedure laid down in this Article is to be
                                                                       followed , the chairman shall refer the matter to the
                                                                       Committee either on his own initiative or at the request of the
                             Article 26                                representative of a Member State .
Without prejudice to other Community provisions , the                  The representative of the Commission shall submit to the
measures shall take the necessary steps to ensure that all             Committee a draft of the measures to be taken . The
fishing vessels flying the flag of one of the Member States            Committee shall deliver its opinion on the draft within a time
enjoy equal access to ports and first-stage marketing                  limit which the chairman may lay down according to the
installations together with all associated equipment and               urgency of the matter . The opinion shall be delivered by the
technical installations .                                              majority laid down in Article 148 ( 2 ) of the Treaty in the case
                                                                       of decisions which the Council is required to adopt on a
                                                                       proposal from the Commission . The votes of the
                             Article 27                                representatives of the Member States within the Committee
                                                                       shall be weighted in the manner set out in that Article . The
                                                                       chairman shall not vote .
Subject to any provisions to the contrary adopted pursuant to
Articles 42 and 43 of the Treaty , Articles 92 , 93 and 94 of
                                                                       The Commission shall adopt measures which shall apply
the Treaty shall apply to production of and trade in the
                                                                       immediately . However , if these measures are not in
products specified in Article 1 .
                                                                       accordance with the opinion of the Committee , they shall be
                                                                       communicated by the Commission to the Council forthwith .
                                                                       In that event the Commission may defer application of the
                             Article 28
                                                                       measures which it has decided for a period of not more than
                                                                       one month from the date of such communication .
Where a price rise exceeding one of the guide prices referred
to in Article 9 ( 1 ) or the Community producer price referred         The Council , acting by a qualified majority , may take a
to in Article 17 ( 1 ) by a percentage to be determined is             different decision within the time limit referred to in the
recorded on the Community market and where this situation              previous subparagraph .
is likely to persist and is disturbing or threatens to disturb the
market , appropriate measures may be taken to remedy the
situation .                                                                                       Article 33
The Council , acting by a qualified majority on a proposal             The Committee may consider any other question referred to
from the Commission shall adopt general rules for the                  it by its chairman either on his own initiative or at the request
application of this Article .                                          of the representative of a Member State .
                             Article 29                                                           Article 34
The Council , acting by a qualified majority on a proposal             This Regulation shall be so applied that appropriate account
from the Commission may amend the Annexes hereto and                   is taken at the same time of the objectives set out in
after the percentages specified in Articles 11 and 16 .                Articles 39 and 110 of the Treaty .
                             Article 30                                                           Article 35
Member States and the Commission shall communicate to                   1.     Regulation ( EEC ) No 3687 / 91 is hereby repealed .
each other the information necessary for the implementation
of this Regulation . Rules for the communication and                   2.      References to the repealed Regulation shall be
distribution of such information shall be adopted in                   construed as references to this Regulation and should be read
accordance with the procedure laid down in Article 32 .                in accordance with the correlation table in Annex VIII .
                              Article 31                                                          Article 36
 A Management Committee for Fishery Products (hereinafter               This Regulation shall enter into force on 1 January 1993 .
 called 'the Committee') shall be established , consisting of
 representatives of the Member States and presided over by a           This Regulation shall be binding in its entirety and directly
 representative of the Commission .                                     applicable in all Member States .
 ---pagebreak--- 25 . 5 . 92                                Official Journal of the European Communities                                            No C 134 / 15
                                                                 ANNEX I
                        CN codes                                                 Description
            A. Fresh or chilled products of heading No 0302 :
                1.     0302 22 00              Plaice (Pleuronectes platessa)
                2.      0302 29 10              Megrim (Lepidorhombus spp .)
                3.      0302 31 10 and          Albacore or long finned tunas ( Thunnus alalunga)
                        0302 31 90
                4 . ex 0302 40                  Herring of the species Clupea harengus
                5.      0302 50 10              Cod of the species Gadus morhua
                6.      0302 61 10              Sardines of the species Sardina pilchardus
                7.      0302 62 00              Haddock (Melanogrammus aeglefinus)
                8.      0302 63 00              Coalfish (Pollachius virens)
                9 . ex 0302 64                  Mackerel of the species Scomber scombrus and Scomber japonicus
               10 .     0302 65 20 and          Dogfish (Squalus acanthias and Scyliorhinus spp .)
                        0302 65 50
               11 .     0302 69 31 and          Redfish (Sebastes spp .)
                        0302 69 33
               12 .     0302 69 41              Whiting (M erlangus merlangus)
               13 .     0302 69 45              Ling (Molva spp .)
               14 .     0302 69 55              Anchovies (Engraulis spp .)
               15 . ex 0302 69 65               Hake of the species Merluccius merluccius
               16 .     0302 69 75              Ray's bream (Brama spp .)
               17 .     0302 69 81              Monkfish (Lophius spp .)
            B. Frozen products of heading Nos 0303 and 0304 :
                    ex 0303 50 10            I Herring of the species Clupea harengus
                    ex 0303 50 90
                    ex 0304 90 21 and
                    ex 0304 90 25
            C. Fish fillets and other fish meat (whether or not minced) of the species listed in A above, fresh or chilled , falling
               within CN codes ex 0304 10 31 , ex 0304 10 39 , ex 0304 10 92 , ex 0304 10 93 or ex 0304 10 98
            D. Live, fresh or chilled products or products cooked by steaming or by boiling in water
                    ex 0306 23 31 and           Shrimps of the species Crangon crangon
                    ex 0306 23 39
            E. Live, fresh or chilled products or products cooked by steaming or by boiling in water
                        0302 23 00              Sole (Solea spp .)
                     ex 0306 24 30               Edible crabs (Cancer pagurus)
                     ex 0306 29 30               Norway lobsters (Nephrops norvegicus)
 ---pagebreak--- No C 134 / 16                                    Official Journal of the European Communities                                             25 . 5 . 92
                                                                        ANNEX II
                                CN codes                                                  Description
                    A. Frozen products of heading   No 0303
                               0303 78 10              Hake of the genus Merluccius
                    B. Frozen products of heading   No 0306
                               0306 13 10              Shrimps of the family Pandalidae
                    C. Frozen products of heading   No 0307
                        1.    0307 49 19               Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola
                                                       rondeletti
                        2.     0307 49 31              Squid (Loligo spp .)
                               0307 49 33
                               0307 49 35 and
                               0307 49 38
                        3.     0307 49 51              Squid (Ommastrephes sagittatus)
                        4.     0307 59 10              Octopus (Octopus spp .)
                        5.     0307 99 11              Illex spp .
                                                                        ANNEX III
                    Tuna ( of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis) and other
                    species of the genus Euthynnus, fresh , chilled or frozen , intended for industrial manufacture of products falling
                    within heading No 1604 and classified under one of the following CN codes :
                                                                                                              CN codes
                                     Description                                        Fresh or
                                                                                                                           Frozen
                                                                                         chilled
Presented in a form other than those mentioned under heading
No 0304
 I. The following species
     ( a ) Albacore or long-finned tuna (Thunnus alalunga), excluding
            fresh or chilled
            1 . Weighing more than 10 kg each (*)                                                         0303 41 11 , 0303 41 13 and 0303 41 19
            2 . Weighing not more than 10 kg each (*)                                                     0303 41 11 , 0303 41 13 and 0303 41 19
     ( b ) Yellowfin tuna (Thunnus albacares)
            1 . Weighing more than 10 kg each                                     0302 32 10 (*)          0303 42 12 , 0303 42 32 and 0303 42 52
            2 . Weighing not more than 10 kg each                                  0302 32 10 (*)         0303 42 18 , 0303 42 38 and 0303 42 58
     (c) Skipjack or stripe-bellied tuna (Euthynnus (Katsuwonus)                   0302 33 10             0303 43 11 , 0303 43 13 and 0303 43 19
            pelamis)
     (d) Bluefin tuna (Thunnus thynnus), excluding fresh or chilled                                       ex 0303 49 11 , ex 0303 49 13 and
                                                                                                          ex 0303 49 19
     (e ) Other species of the genuses Thunnus and Euthynnus with the              0302 39 10 and         ex 0303 49 11 , ex 0303 49 13 ,
            exception of bigeye tuna (Parathunnus obesus), fresh or                0302 69 21             ex 0303 49 19 , 0303 79 21 , 0303 79 23
            chilled                                                                                       and 0303 79 29
II . Presented in one of the following ways
     ( a ) Whole
      ( b ) Gilled and gutted
      ( c) Other ( for example , heads of)
(*) Reference to weight applies to the whole product .
 ---pagebreak--- 25 . 5 . 92                                        Official Journal of the European Communities                                               No C 134 / 17
                                                                       ANNEX IV
                 A. Live, fresh , chilled or frozen products :
                                                CN code                                                        Description
                  1.0301 91 00 , 0302 11 00 , 0303 21 00 , 0304 10 11 ,                  Trout (Salmo trutta, Salmo gairdneri, Salmo
                     ex 0304 10 91 , 0304 20 11 and ex 0304 90 10                        clarki, Salmo aguabonita, Salmo gilae)
                     0301 93 00 , 0302 69 11 , 0303 79 11 , ex 0304 10 19 ,              Carp
                     ex 0304 10 91 , ex 0304 20 19 and ex 0304 90 10
                  2.0301 99 11 , 0302 12 00 , 0303 10 00 , 0303 22 00 ,                  Pacific salmon (Oncorhynchus spp .), Atlantic
                     0304 10 13 , ex 0304 10 91 , 0304 20 13 and                         salmon (Salmo salar) and Danube salmon
                     ex 0304 90 10                                                       (Hueho hueho)
                     0306 12 and 0306 22                                                 Lobster (Homarus spp .)
                  B. Frozen or salted products ; frozen crustaceans :
                                                                            Falling within one of the following CN codes
                                                                                                                      Fish fillets , raw ,
                                            Fish , frozen ,        Fish fillets and                                    merely coated
         The following species             excluding fish          other fish meat          Salted fish , whether
                                                                                                                       with batter or
                                          fillets and other
                                                                  ( whether or not              or not dried            breadcrumbs,       Frozen crustaceans
                                             fish meat of                                                              whether or not
                                                                  minced), frozen
                                         heading No 0304                                                               pre-fried in oil ,
                                                                                                                         deep frozen
Coalfish (Pollachius virens)               0303 73 00               0304 20 31 and         ex 0305 30 90 ,           ex 1604 19 91
                                                                    0304 90 41             ex 0305 59 90 and
                                                                                           ex 0305 69 90
Cod of the species                         0303 60 11           ex 0304 20 29 and          ex 0305 30 19 ,           ex 1604 19 91
Gadus morhua                                                        0304 90 38             ex 0305 51 90 and
                                                                                           ex 0305 62 00
Dogfish                                    0303 75 20 and           0304 20 61 and         ex 0305 30 90 ,           ex 1604 19 91
(Squalus acanthias and                     0303 75 50           ex 0304 90 97              ex 0305 59 90 and
Scyliorhinus spp .)                                                                        ex 0305 69 90
Haddock                                    0303 72 00               0304 20 33 and         ex 0305 30 90 ,           ex 1604 19 91
(Melanogrammus aeglefinus)                                          0304 90 45             ex 0305 59 90 and
                                                                                           ex 0305 69 90
Hake of the species                     ex 0303 78 10           ex 0304 20 57 and          ex 0305 30 90 ,           ex 1604 19 91
Merluccius merluccius                                           ex 0304 90 47              ex 0305 59 90 and
                                                                                           ex 0305 69 90
Herring of the species                 ex 0303 50 10 and        ex 0304 20 75 ,            ex 0305 30 90 ,           ex 1604 12 10
Clupea harengus                         ex 0303 50 90           ex 0304 90 21 and          ex 0305 59 30 and
                                                                ex 0304 90 25              ex 0305 61 00
Ling (Molva spp .)                         0303 79 51               0304 20 43 and         ex 0305 30 90 ,           ex 1604 19 91
                                                                ex 0304 90 97              ex 0305 59 90 and
                                                                                           ex 0305 69 90
Mackerel of the species                    0303 74 11 and       ex 0304 20 53 and          ex 0305 30 90 ,            ex 1604 15 10
Scomber scombrus and                       0303 74 19           ex 0304 90 97              ex 0305 59 90 and
Scomber japonicus                                                                          ex 0305 69 90
Megrim                                     0303 39 20               0304 20 79 and         ex 0305 30 90 ,            ex 1604 19 91
(Lepidorhombus spp .)                                               0304 90 51             ex 0305 59 90 and
                                                                                           ex 0305 69 90
Monkfish (Lophius spp .)                   0303 79 81               0304 20 83 and         ex 0305 30 90 ,            ex 1604 19 91
                                                                    0304 90 57             ex 0305 59 90 and
                                                                                           ex 0305 69 90
Plaice                                     0303 32 00               0304 20 71 and         ex 0305 30 90 ,            ex 1604 19 91
(Pleuronectes platessa)                                         ex 0304 90 97              ex 0305 59 90 and
                                                                                           ex 0305 69 90
 ---pagebreak--- No C 134 / 18                                    Official Journal of the European Communities                                                      25 . 5 . 92
                                                                         Falling within one of the following CN codes
                                                                                                                   Fish fillets , raw ,
                                          Fish , frozen ,       Fish fillets and                                     merely coated
       The following species            excluding fish          other fish meat
                                                                                                                     with batter or
                                                                                         Salted fish , whether
                                       fillets and other
                                                                                             or not dried
                                                                                                                     breadcrumbs ,       Frozen crustaceans
                                          fish meat of         ( whether or not                                     whether or not
                                                               minced ), frozen
                                      heading No 0304                                                               pre-fried in oil ,
                                                                                                                      deep frozen
Ray's bream                             0303 79 75               0304 20 81 and         ex  0305 30     90 ,       ex 1604 19 91
(Brama spp .)                                                    0304 90 55             ex  0305 59 90 and
                                                                                        ex  0305 69 90
Redfish                                 0303 79 35 and           0304 20 35 ,           ex  0305 30     90 ,       ex 1604 19 91
(Sebastes spp .)                        0303 79 37               0304 20 37 and         ex  0305 59 90 and
                                                                 0304 90 31             ex  0305 69 90
Whiting                                 0303 79 45               0304 20 41 and         ex  0305 30     90 ,       ex 1604 19 91
(Merlangus merlangus)                                        ex 0304 90 97              ex  0305 59 90 and
                                                                                        ex  0305 69 90
Edible crabs                                                                                                                            0306 14 30
(Cancer pagurus)
Norway lobsters                                                                                                                         0306 19 30
(Nephrops norvégiens)
                 C. Prepared or preserved products :
                                             CN code                                                         Description
                 1.    1604 13 10 and ex 1604 20 50                                    Sardines
                 2.    1604 14 10 , 1604 19 30 and 1604 20 70                         Tuna ( Thunnus spp .), skipjack or stripe-bellied
                                                                                      bonito 1Euthynnus (Katsuwonus) pelamisj and
                                                                                      other species of the genus Euthynnus
 ---pagebreak--- 25 . 5 . 92                                     Official Journal of the European Communities                                           No C 134 / 19
                                                                     ANNEX V
                 Frozen or salted products; frozen or salted crustaceans; shelled and simply cooked by steaming or by boiling in
                  water
                                                                         Falling within one of the following CN codes
                                                                                                                Fish fillets , raw ,
                                         Fish , frozen ,        Fish fillets and                                  merely coated
         The following species          excluding fish                                                            with batter or
                                                                other fish meat           Salted fish , whether
                                       fillets and other
                                                                                              or not dried        breadcrumbs ,        Crustaceans
                                          fish meat of         ( whether or not                                  whether or not
                                                               minced ), frozen
                                      heading No 0304                                                            pre-fried in oil ,
                                                                                                                   deep frozen
Alaska pollack                       ex 0303 79 55               0304 20 85 and          ex  0305 30 90 ,       ex 1604 19 91
( Theragra chalcogramma)                                         0304 90 61              ex  0305 59 90 and
                                                                                         ex  0305 69 90
Fish of the species                     0303 79 41          ex 0304 20 29 and          ■ ex  0305 30 19 ,       ex 1604 19 91
Boreogadus saida                                            ex 0304 90 39                ex  0305 59 19 and
                                                                                         ex  0305 69 10
Cod of the species                      0303 60 19 and           0304 20 21 ,            ex  0305   30   n,     ex 1604 19 91
Gadus ogac and Gadus                    0303 60 90          ex 0304 20 29 ,              ex  0305   30   19 ,
macrocephalus                                                    0304 90 35 and          ex  0305   51   90 and
                                                            ex 0304 90 39                ex  0305   62   00
Flounder                                0303 39 10               0304 20 73 and          ex  0305 30 90 ,       ex 1604 19 91
(Platichthys flesus)                                             0304 90 97              ex  0305 59 90 and
                                                                                         ex  0305 69 90
Hake (Merluccius spp ., except       ex 0303 78 10          ex 0304 20 57 and            ex  0305 30 90 ,       ex 1604 19 91
the species Merluccius                                      ex 0304 90 47                ex  0305 59 90 and
merluccius)                                                                              ex  0305 69 90
Herring of the species               ex 0303 50 10 and      ex 0304 20 75 ,              ex  0305 30 90 ,       ex 1604 12 10
Clupea pallasii                      ex 0303 50 90          ex 0304 90 21 and            ex  0305 59 30 and
                                                            ex 0304 90 25                ex  0305 61 00
Fish of the species                     0303 79 61 and      ex 0304 20 53 and            ex  0305 30 90 ,       ex 1604 19 50
Orcynopsis unicolor                     0303 79 63          ex 0304 90 97                ex  0305 59 90 and
                                                                                         ex  0305 69 90
Pollack                              ex 0303 79 55          ex 0304 20 98 and            ex  0305 30 90 ,       ex 1604 19 91
(Pollachius pollachius)                                      ex 0304 90 97               ex  0305 59 90 and
                                                                                         ex  0305 69 90
Shrimps and prawns , other than                                                                                                      frozen
shrimps of the species                                                                                                               ex 0306 13
Crangon crangon                                                                                                                      salted
                                                                                                                                     ex 0306 23 10 ,
                                                                                                                                     ex 0306 23 39
                                                                                                                                     and
                                                                                                                                     ex 0306 23 90
                                                                                                                                     shelled and simply
                                                                                                                                     cooked by
                                                                                                                                     steaming or by
                                                                                                                                     boiling in water
                                                                                                                                     ex 1605 20 00
 ---pagebreak--- No C 134 / 20                               Official Journal of the European Communities                   25 . 5 . 92
                                                                    ANNEX VI
                                          Fresh or chilled products of the                    CN code
                                                 following species
              1 . Dab (Limanda limanda)                                                  ex 0302 29 90
              2 . Lemon sole (Microstomus kitt)                                          ex 0302 29 90
              3 . Bluefin tuna (Thunnus thynnus)                                         ex 0302 39 10
                                                                                         ex 0302 39 90
              4 . Bigeye tuna                                                            ex 0302 39 10
                  ( Thunnus obesus or Parathunnus)                                       ex 0302 39 90
              5 . Pollack                                                                ex 0302 69 51
                  (Pollachius pollachius)
              6 . Blue whiting (Micromesistius poutassou or Gadus poutassou)                0302 69 85
              7 . Pout ( Trisopterus luscus)                                             ex 0302 69 98
              8 . Bogue (Boops boops)                                                    ex 0302 69 98
              9 . Picarel (Maena smarts)                                                 ex 0302 69 98
             10 . Conger (Conger conger)                                                 ex 0302 69 98
             11 . Gurnard ( Trigla spp .)                                                ex 0302 69 98
             12 . Horse mackerel ( Trachurus spp .)                                      ex 0302 69 98
             13 . Mullet (Mugil spp .)                                                   ex 0302 69 98
             14 . Skate (Raja spp .)                                                     ex 0302 69 98 and
                                                                                         ex 0304 10 98
 ---pagebreak--- 25 . 5 . 92                                Official Journal of the European Communities                                    No C 134 / 21
                                                                 ANNEX VII
                                                                                                      Rate of duty
                                                                                            autonomous
    CN code                                       Description                                                               Supplementary
                                                                                                 (%)          conventional       unit
                                                                                                  or
                                                                                                                   (% )
                                                                                                 levy
                                                                                               ( AGR )
        1                                               2                                          3                4             5
030 1       Live fish :
0301 10     — Ornamental fish :
0301 10 10  — — Freshwater fish                                                                   10               frei           —
0301 10 90  — — Saltwater fish                                                                    15                15            —
            — Other live fish :
0301 91 00  — — Trout (Salmo trutta, Salmo gairdneri, Salmo clarki, Salmo aguabonita,
                    Salmo gilae)                                                                  16                12            —
0301 92 00  — — Eels (Anguilla spp .)                                                             10                3             —
0301 93 00  — — Carp                                                                              10                 8            —
0301 99     — — Other :
            — — — Freshwater fish :
0301 99 11  — — — — Pacific salmon (Oncorhynchus spp .), Atlantic salmon (Salmo salar)
                          and Danube salmon (Hucho hucho)                                         16                 2            —
0301 99 19  — — — — Other                                                                         10                 8            —
0301 99 90  — — — Saltwater fish                                                                  17                16            —
0302        Fish , fresh or chilled , excluding fish fillets and other fish meat of heading
            No 0304 :
            — Salmonidae , excluding livers and roes :
0302 11 00  — — Trout (Salmo trutta, Salmo gairdneri, Salmo clarki, Salmo aguabonita,
                    Salmo gilae)                                                                  16                12            —
0302 12 00  — — Pacific salmon (Oncorhynchus spp .), Atlantic salmon (Salmo salar) and
                    Danube salmon (Hucho hucho)                                                   16                 2            —
0302 19 00  — — Other                                                                             16                 8
            — Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae
               and Citharidae), excluding liver and roes :
0302 21     — — Halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus,
                    Htppoglossus stenolepis):
0302 21 10  — — — Lesser or Greenland halibut (Reinhardtius hippoglossoides)                       15                8            —
0302 21 30  — — — Atlantic halibut (Hippoglossus hippoglossus)                                     15                8            —
 0302 21 90 — — — Pacific halibut (Hippoglossus stenolepis)                                        15               15            —
0302 22 00  — — Plaice (Pleuronectes platessa)                                                     15               15            —
 0302 23 00 — — Sole (Solea spp .)                                                                 15               15            —
 0302 29    — — Other :
 0302 29 10 — — — Megrim (Lepidorhombus spp .)                                                     15               15            —
 0302 29 90 — — — Other                                                                            15               15
            - Tunas ( of genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus
                (Katsuwonus) pelamis), excluding livers and roes:
 0302 31    — — Albacore or longfinned tunas ( Thunnus alalunga):
 ---pagebreak--- No C 134 / 22                                        Official Journal of the European Communities                                                       25 . 5 . 92
           1                                                       2                                                    3                 4                5
0302 31 10           - - — For the industrial manufacture of products falling within heading
                               No 1604 (»)                                                                         25 (η (η         22   (2) (4 )
0302 31 90           — — — Other                                                                                     25 H           22   (2) (4 )         —
0302 32              — — Yellowfin tunas ( Thunnus albacares):
0302 32 10           - - - for the industrial manufacture of products falling within heading
                                No 1604 (>)                                                                        25 (η ( 3 )      22  (2 ) (4)          _
0302 32 90           — — — Other                                                                                     25 (η          22  (2) (4 )          —
0302 33              — — Skipjack or stripe-bellied bonito :
0302 33 10           - - - For the industrial manufacture of products falling within heading
                                No 1604 0 )                                                                        25 ( 2 ) ( 3 )   22   (2) (4)
0302 33 90           — — — Other                                                                                     25 n           22  (2) (4)           —
0302 39              — — Other :
0302 39 10           — — — For the industrial manufacture of products falling within heading
                               No 1604 (')                                                                         25 Π ( 3 )       22  (2) (4)
0302 39 90                     Other                                                                                 25 (η          22  (2) (4)           —
0302 40              — Herrings (Clupea barengus, Clupea pallasii), excluding and roes :
0302 40 10           — — From 15 February to 15 June                                                                  Free             Free               —
0302 40 90           — — From 16 June to 14 February                                                                 20 ( 2 )       15 ( 2 ) ( S )        —
0302 50              — God (Gadus morhua, Gadus ogac, Gadus macrocephalus), excluding livers
                         and roes :
0302 50 10           — — Of the species Gadus morhua                                                                   15                12               —
0302 50 90           - - Other                                                                                         15                15               —
                     -- Other fish , excluding livers and roes :
0302 61              — — Sardines (Sardina pilchardus, Sdrdinops spp .), sardinella (Sardinella spp .),
                            brisling or sprats (Sprattus sprattus):
0302 61 10           — — — Sardines of the species Sardina pilchardus                                                  25               23                —
0302 61 30           — — — Sardines of the genus Sardinops; sardinella (Sardinella spp .)                              15                15               —
                     — — — Brisling or sprats (Sprattus sprattus):
0302 61 91           — — — — From 15 February to 15 June                                                              Free             Free               —
0302 61 99           — — — — From 16 June to 14 February                                                               20                13               —
0302 62 00           — — Fladdock (Melanogrammus aeglefinus)                                                           15                15               —
0302 63 00           — — Coalfish (Pollachius virens)                                                                  15                15               —
0302 64              — — Mackerel (Scomber               scombrus,     Scomber      australasicus,    Scomber
                            japonicus):
0302 64 10           — — — From 15 February to 15 June                                                                Free             Free               —
0302 64 90           — — — From 16 June to 14 February                                                                 20               20                —
0302 65              — — Dogfish and other sharks :
0302 65 20           — — — Dogfish of the species (Squalus acanthias)                                                  15              8 (6 )             —
0302 65 50           — — — Dogfish of the species (Scyliorhinus spp .)                                                 15                 8               —
(')   Entry under this subheading is subject to conditions laid down in the relevant Community provisions .
(2)   Subject to compliance with the reference price . A countervailing tax is provided for in the case of non-compliance with the reference price .
(3)   Total suspension for an indefinite period .
(4)   Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303 , intended for the canning industry , within the limits of a
      global annual tariff quota of 17 250 tonnes to be granted by the competent Community authorties and subject to compliance with the reference price .
      Qualification for this quota is subject to conditions laid down in the relevant Community provisions .
( 5 ) Duty exemption for herring falling within subheadings , 0302 40 90 , 0303 50 90 , 0304 10 93 , 0304 10 98 and 0304 90 25 within the limits of a global annual
      tariff quota of 34 000 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price .
( 6 ) Duty rate reduced to 6 % for piked dogfish (Squalus acanthias) falling within subheadings 0302 65 20 and 0303 75 20 within the limits of a global annual tariff
      quota of 5 000 tonnes to be granted by the competent Community authorities .
 ---pagebreak--- 25 . 5 . 92                                          Official Journal of the European Communities                                                   No C 134 / 23
          1                                                        2                                                       3                4                   5
0302 65 90           — — — Other                                                                                          15                8                 _
0302 66 00           — — Eels { Anguilla spp .)                                                                           10                3                —
0302 69              — — Other :
                     — — — Freshwater fish :
0302 69 11           — — — — Carp                                                                                         10                8                —
0302 69 19           — — — — Other                                                                                        10                8
                     — — — Saltwater fish :
                     — - — — Fish of the genus Euthynnus, other than the skipjack or stripe-bellied
                                    bonitos (Euthynnus (Katsuwonus) pelanas) mentioned in
                                    subheading 0302 33 :
0302 69 21           — - — — — For the industrial manufacture of products falling within heading
                                        No 1604 (»)                                                                   25 ( 2 ) ( 3 ) 22 (η π                 _
0302 69 25           — — — — — Other                                                                                    25 (η        22 (η n                 —
                     — — — — Redfish (Sebastes spp .):
0302 69 31           — — — — — Of the species Sebastes marinus                                                            15                8                —
0302 69 33           — — — — — Other                                                                                      15               15                —
0302 69 35           — — — — Fish of the species Boreogadus saida                                                         15               12                —
0302 69 41           — — — — Whiting (Meriangus meriangus)                                                                15               15                —
0302 69 45           — — — — Ling (Molva spp .)                                                                           15               15                —
0302 69 51           — - - — Alaska pollack (Tberagra chalcogramma) and pollack (Pollachius
                                    pollachius)                                                                           15               15
0302 69 55           — — — — Anchovies (Engraulis spp .)                                                                  15               15                —
0302 69 61           — — — — Sea bream (Dentex dentex and Pagellus spp .)                                                 15               15                —
0302 69 65           — — — — Hake (Merlucctus spp ., Urophycis spp .)                                                     15           15 n                  —
0302 69 75           — — — — Ray's bream (Brama spp .)                                                                    15               15                —
0302 69 81           — — — — Monkfish (Lophius spp .)                                                                     15               15                —
0302 69 85           — — — — Blue whiting (Micromesistius poutassou or Gadus poutassou )                                  15               15                —
0302 69 87           — — — — Swordfish (Xiphias gladius)                                                                  15               15                —
0302 69 98           — — — — Other                                                                                        15               15                —
0302 70 00           — Livers and roes                                                                                    14               10                —
0303                 Fish , frozen , excluding fish fillets and other fish meat of heading No 0304 :
0303 10 00           — Pacific salmon (Oncorhynchus spp .), excluding livers and roes                                     16               2                 —
                     — Other Salmonidae , excluding livers and roes :
0303 21 00           — — Trout (Salmo trutta, Salmo gairdneri, Salmo clarki, Salmo aguabonita ,
                             Salmo gilae)                                                                                 16               12                —
0303 22 00           — — Atlantic salmon (Salmo salar) and Danube salmon (Hucho bucho)                                    16                2                —
0303 29 00           - - Other                                                                                            16             ' 9                  -
(')   Entry under this subheading is subject to conditions laid down in the relevant Community provisions .
(2)   Subject to compliance with the reference price . A countervailing tax is provided for in the cane of non-compliance with the reference price .
(3)   Total suspension for an indefinite period .
(4)   Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303 , intended for the canning industry , within the limits of a
      global annual tariff quota of 17 250 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price .
      Qualification for this quota is subject to condition laid down in the relevant Community provisions .
( 5 ) Duty rate reduced to 8 % for silver hake (Merluccius bilinearis) falling within subheadings 0302 69 65 , 0303 78 10 and 0304 90 47 , within the limits of a global
      annual tariff quota of 2 000 tonnes to be granted by the competent Community authorities .
 ---pagebreak--- No C 134 / 24                                       Official Journal of the European Communities                                                      25 . 5 . 92
         1                                                        2                                                     3                4               5
                    -
                        Flat fish (Fleuronectidae, Botbidae, Cynoglossidae, Soleidae, Scophthalmidae
                        and Citbaridae), excluding livers and roes :
0303 31             -
                        — Halibut (Reinhardtius bippoglossoides, Hippoglossus hippoglossus,
                            Hippoglossus stenolepis):
0303 31 10          -
                        — — Lesser or Greenland halibut (Reinhardtius bippoglossoides)                                 15                8              —
0303 31 30          -
                        — — Atlantic halibut (Hippoglossus hippoglossus)                                               15                8              —
0303 31 90          -
                        — — Pacific halibut (Hippoglossus stenolepis)                                                  15               15              —
0303 32 00          -
                        — Plaice (Pleuronectes platessa)                                                               15               15              —
0303 33 00          -
                        — Sole (Solea spp .)                                                                           15               15              —
0303 39             -   — Other :
0303 39 10          -
                        — — Flounder (Platichthys flesus)                                                              15               15              —
0303 39 20          -
                        — — Megrim (Lepidorbombus spp .)                                                               15               15              —
0303 39 90              — — Other                                                                                      15               15
                    -
                        Tunas ( of the genus Thunnus), skipjack or stripe-bellied bonito (Eutbynnus
                        (Katsuwonus) pelamis), excluding livers and roes :
0303 41                 — Albacore or longfissed tunas ( Thunnus alalunga):
                    -
                        - - For the industrial manufacture of products falling within heading
                                No 1604 H :
0303 41 11          -
                                   Whole                                                                          25   (2) H       22 ( 2 ) H           —
0303 41 13          -
                        — — — Gilled and gutted                                                                   25   (2) ( 3 )   22 ( 2 ) H           —
0303 41 19          -
                        — — — Other ( for example 'heads off )                                                    25   (2) (3)     22 ( 2 ) (")         —
0303 41 90          -
                        - - Other                                                                                    25 H          22 (η π              —
0303 42                 — Yellowfin tunas ( Thunnus albacares):
                    -
                        - - For the industrial manufacture of products falling within heading
                                No 1604 (»):
                                   Whole :
0303 42 12              — — — — Weighing more than 10 kg each                                                     25   (2) ( 3)    20 (η π              —
0303 42 18              — - - — Other                                                                             25   (2 ) ( 3 )  20 ( 2 ) n           —
                    .
                        — — — Gilled and gutted :
0303 42 32              — — — — Weighing more than 10 kg each                                                     25   (2) (3)     22 P ) (<)           —
0303 42 38              — — — — Other                                                                             25   (2) (3)     22 (η n              —
                        — — — Other ( for example 'heads off ):
0303 42 52              — — — — Weighing more than 10 kg each                                                     25   (2 ) ( 3)   22 (η (η             —
0303 42 58              - - - - Other                                                                             25   (2 ) (3)    22 e ) n             —
0303 42 90          -
                        - - Other                                                                                   25 H           22 ( 2 ) ( 4 )       —
0303 43                 — Skipjack or stripe-bellied bonito :
                    -
                        — — For the industrial manufacture of products falling within heading
                               No 1604 0 ):
0303 43 11          -
                                   Whole                                                                          25   (2) (3 )    22 (η («)            —
0303 43 13          -
                        — — — Gilled and gutted                                                                   25   (2 ) ( 3)   22 ( 2 ) («)         —
(')  Entry under this subheading is subject to conditions laid down in the relevant Community provisions .
(2 ) Subject to compliance with the reference price . A countervailing tax is provided for in the case of non-compliance with the reference price .
(})  Total suspension for an indefinite period .
(4)  Duty exemption for tuna and fish of the genus Euthynnus falling within headings Nos 0302 and 0303 , intended for the canning industry , within the limits of i
     global annual tariff quota of 17 250 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price
     Qualification for this quota is subject to conditions laid down in the relevant Community provisions .
 ---pagebreak---  25 . 5 . 92                                          Official Journal of the European Communities                                                No C 134 / 25
            1                                                      2                                                   3                 4                 5
 0303 43 19           -
                         — — — Other ( for example 'heads off )                                                   25 (») (η        22 0 ) (η
 0303 43 90           -
                         — — Other                                                                                  25 n           22 (η ( 3 )            —
 0303 49                 - Other :
                      -
                         — — For the industrial manufacture of products falling within heading
                                 No 1604 ( 4 ):
 0303 49 11           -             Whole                                                                         25 0 ) ( 2 )     22 o n                 —
 0303 49 13           -
                         — — — Gilled and gutted                                                                  25 o (η          22 (') ( 3 )           —
 0303 49 19           -
                         — — — Other ( for example 'heads off )                                                   25 H (η          22 (>) ( 3 )           —
 0303 49 90           -
                         - — Other                                                                                  25 (>)         22 V ) {η              —
 0303 50              -
                         Herrings (Clupea harengus , Clupea pallasii), excluding livers and roes :
0303 50 10            -
                         — From 15 February to 15 June                                                               Free              Free               —
 0303 50 90           -
                         — From 16 June to 14 February                                                              20 ( i )       15 H ( s )             —
 0303 60              -
                         Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), excluding livers
                         and roes :
0303 60 11           -
                         — Of the species Gadus morhua                                                                15              12 ( 6 )            —
 0303 60 19           -
                         — Of the species Gadus ogac                                                                  15              15 ( 6 )            —
0303 60 90           —
                         — Of the species Gadus macrocephalus                                                         15                15                —
                         Other fish , excluding livers and roes :
0303 71              -
                         — Sardines (Sardina pilchardus, Sardinops spp .), sardinella (Sardinella spp .),
                             brisling or sprats (Sprattus sprattus):
0303 71 10           -
                         — — Sardines of the species Sardina pilchardus                                               25                23                —
0303 71 30           —
                         — — Sardines of the genus Sardinops ; sardinella (Sardinella spp .)                          15                15                —
                         — — Brisling or sprats (Sprattus sprattus):
0303 71 91           -
                         — — — From 15 February to 15 June                                                           Free              Free
0303 71 99           -
                         — — — From 16 June to 14 February                                                            20                13                   -
0303 72 00           -
                         — Haddock (Melanogrammus aeglefinus)                                                         15                15                —
0303 73 00           -
                         — Coalfish (Pollachius virens)                                                               15                15                —
0303 74                  — Mackerel (Scomber             scombrus,     Scomber       australasicus,  Scomber
                            japonicus):
                         — — Of the species Scomber scombrus and Scomber japonicus:
0303 74 11           -
                         — — — From 15 February to 15 June                                                           Free              Free               —
0303 74 19           -
                         — — — From 16 June to 14 February                                                            20                20                —
0303 74 90           -
                         — — Of the species Scomber australasicus                                                     15                15                —
0303 75              -
                         — Dogfish and other sharks :
0303 75 20           -
                         — — Dogfish of the species Squalus acanthias                                                 15               8 (7)              —
0303 75 50           -
                         — — Dogfish of the species Scyliorhinus spp .                                                15                 8                —
0303 75 90           -
                         - — Other                                                                                    15                 8                —
0303 76 00           -
                         — Eels (Anguilla spp .)                                                                      10                 3                —
(') Subject to compliance with the reference price . A countervailing tax is provided for in the case of non-compliance with the reference price .
( 2 ) Total suspension for an indefinite period .
( 3 ) Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303 , intended for the canning industry , within the limits of a
      global annual tariff quota of 17 250 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price .
      Qualification for this quota is subject to conditions laid down in the relevant Community provisions .
( 4 ) Entry under this subheading is subject to conditions laid down in the relevant Community provisions .
( s ) Duty exemption for herring falling within subheadings 0302 40 90 , 0303 50 90 , 0304 10 93 , 0304 10 98 and 0304 90 25 within the limits of a global annual
      tariff quota of 34 000 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price .
( 6 ) Subject to limits and conditions to be determined by the competent authorities .
( 7 ) Duty rate reduced to 6 % for piked dogfish (Squalus acanthias) falling within subheadings 0302 65 20 and 0303 75 20 within the limits of a global annual tariff
      quota of 5 000 tonnes to be granted by the competent Community authorities .
 ---pagebreak---   No C 134 / 26                                       Official Journal of the European Communities                                                     25 . 5 . 92
           1                                                      2                                                       3                4              5
                                                                                                                                                   \
  0303 77 00          - — Sea bass (Dicentrarchus labrax, Dicentrarchus punctatus)                                       15               15
 0303 78              - — Hake (Merluccius spp ., Urophycis spp .):
 0303 78 10           — — — Hake of the genus Merluccius                                                                 15            15 (')            —
 0303 78 90           — — — Hake of the genus Urophycis                                                                  15               15             —
 0303 79              — — Other :
                      — — — Freshwater fish :
 0303 79 11           — — — — Carp                                                                                       10               8              —
 0303 79 19           — — - — Other                                                                                     10                8
                      — — — Saltwater fish :
                      — — — — Fish of the genus Euthynnus, other than the skipjack or stripe-bellied
                                    bonitos (Euthynnus          (Katsuwonus)        pelamis)   mentioned      in
                                    subheading 0303 43 :
                      ----- For the industrial manufacture of products falling within heading
                                       No 1604 ( 2 ):
 0303 79 21                                Whole                                                                    25 ( 3 ) ( 4 )  22 (η H             —
 0303 79 23          — — — — — — Gilled and gutted                                                                  25 (η n         22 (η (η            —
 0303 79 29          _______ Other ( for example 'heads off )                                                       25 ( 3 ) H      22 (η (η            —
 0303 79 31          — — — — — Other                                                                                  25 H          22 ( 3 ) ( S )      —
                     — — — — Redfish (Sebastes spp .):
0303 79 35           ______ Of the species Sebastes marinus                                                             15                8             —
0303 79 37           ----- Other                                                                                        15               15             —
0303 79 41           — — — — Fish of the species Boreogadus saída                                                       15            12 ( 6 )          —
0303 79 45           — — — — Whiting (Meriangus meriangus)                                                              15               15             —
0303 79 51           — — — — Ling (Molva spp .)                                                                         15               15             —
0303 79 55           — — — — Alaska pollack ( Theragra chalcogramma) and pollack (Pollachius
                                   pollachius)                                                                          15               15             —
                     — — — — Fish of the species Orcynopsis unicolor:
0303 79.61           — — — — — From 15 February to 15 June                                                             Free             Free            —
0303 79 63           ______ From 16 June to 14 February                                                                 20               20             —
0303 79 65           — — — — Anchovies (Engraulis spp .)                                                                15               15             —
0303 79 71           — — — — Sea bream (Dentex dentex and Pagellus spp .)                                               15               15             —
0303 79 75           — — — — Ray's bream (Brama spp .)                                                                  15               15             —
0303 79 81           _____ Monkfish (Lophius spp .)                                                                     15               15             —
0303 79 83           _ _ _ _ Blue whiting (Micromesistius poutassou or Gadus poutassou)                                 15               15             —
0303 79 87           — — — — Swordfish (Xiphias gladius)                                                                15               15             —
0303 79 98           - - - - Other                                                                                      15               15             —
0303 80 00           — Livers and roes                                                                                  14               10             —
(') Duty rate reduced to 8 % for silver hake (Merluccius bilinearis) falling within subheadings 0302 69 65,0303 78 10and0304 90 47 , within the limits of a global
      annual tariff quota of 2 000 tonnes to be granted by the competent Community authorities .
( 2 ) Entry under this subheading is subject to conditions laid down in the relevant Community provisions .
( } ) Subject to compliance within the reference price . A countervailing tax is provided for in the case of non-compliance with the reference price .
( 4 ) Total suspension for an indefinite period .
( 5 ) Duty exemption for tuna and fish of the genus Euthynnus falling within heading Nos 0302 and 0303 , intended for the canning industry , within the limits of a
      global annual tariff quota of 17 250 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price .
      Qualification for this quota subject to conditions laid down in the relevant Community provisions .
( 6 ) Subject to limits and conditions to be determined by the competent authorities .
 ---pagebreak--- 25 . 5 . 92                                         Official Journal of the European Communities                                                 No C 134 / 27
          1                                                     2                                                        3                4                5
0304                 Fish fillets and other fish meat ( whether or not minced ), fresh , chilled or
                    frozen :
0304 10              — Fresh or chilled :
                     — — Fillets :
                    — — — Of freshwater fish :
0304 10 11           — — — — Of trout (Salmo trutta, Salmo gairdneri, Salmo clarki, Salmo
                                   aguabonita, Salmo gilae)                                                             16               12               —
0304 10 13           — — — — Of Pacific salmon (Oncorbynchus spp .), Atlantic salmon (Salmo
                                   salar) and Danube salmon (Hucho hucbo )                                              16               2                —
0304 10 19           — — — — Or other freshwater fish                                                                   13               9                —
                     — — — Other :
0304 10 31           — - — — Of cod (Gadus morhua, Gadus ogac, Gadus macrocepbalus) and of
                                   fish of the species Boreogadus saida                                                 18               18               —
0304 10 39           - - - - Other                                                                                      18               18               —
                     — — Other fish meat ( whether or not minced ):
0304 10 91           — — — Of freshwater fish                                                                            8                8
                     — — — Other :
                     — — — — Flaps of herring :
0304 10 92           — — — — — From 15 February to 15 June                                                             Free             Free              —
0304 10 93           _ — _ _ _ From 16 June to 14 February                                                              20               15               —
0304 10 98           — — — — Other                                                                                      18             15 (')             —
0304 20              — Frozen fillets :
                     — — Of freshwater fish :
0304 20 1 1          — — — Of trout (Salmo trutta , Salmo gairdneri, Salmo clarki, Salmo
                                aguabonita , Salmo gilae)                                                               16               12               —
0304 20 13 '         — — — Of Pacific salmon (Oncorbynchus spp .), Atlantic salmon (Salmo salar)
                                and Danube salmon (Hucho hucho)                                                         16                2               —
0304 20 19           — — — Of other freshwater fish                                                                     13                9
                     — — Of cod (Gadus morhua, Gadus macrocepbalus , Gadus ogac ) and of fish of
                            the species Boreogadus saida :
0304 20 21           — — — Of cod of the species Gadus macrocepbalus                                                    18               15               —
0304 20 29           - — — Other                                                                                        18          i5 H n                —
0304 20 31           — — Of coalfish (Pollachius virens)                                                                18               15               —
0304 20 33           — — Of haddock (Melanogrammus aeglefinus)                                                          18               15
                     — — Of redfish (Sebastes spp .):
0304 20 35           — — — Of the species Sebastes marinus                                                              18               12               —
0304 20 37           - — — Other                                                                                        18               15               —
0304 20 41           — — Of whiting ( Meriangus meriangus)                                                              18               15               —
0304 20 43           — — Of ling (Molua spp .)                                                                          18               15                —
0304 20 45           — — Of tuna ( of the genus Tbunnus) and of fish of the genus Eutbynnus                             18               18
                     — — Of mackerel (Scomber scombrus, Scomber australasicus , Scomber
                            japonicus) and of fish of the species Orcynopsis unicolor:
0304 20 51           — — — Of mackerel of the species Scomber australasicus                                             18               15                —
(') Duty exemption for herring falling within subheadings 0302 40 90 , 0303 50 90 , 0304 10 93 , 0304 10 98 and 0304 90 25 within the limits of a global annual
      tariff quota of 34 000 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price.
(2 ) Duty rate reduced to 8 % for cod of the species Gadus morhua within the limits of a global annual tariff quota of 10 000 tonnes to be granted by the competent
      Community authorities .
( 3 ) Subject to limits and conditions to be determined by the competent authorities .
 ---pagebreak--- No C 134 / 28                                       Official Journal of the European Communities                                                         25 . 5 . 92
          1                                                       2                                                       3                4                 5
0304 20 53           - - - Other                                                                                         18               15                —
                     — — Of hake (Merluccius spp ., Urophycis spp .):
0304 20 57           — — — Of hake of the genus Merluccius                                                               18          15 H i 2 )             —
0304 20 59           — — — Of hake of the genus Urophycis                                                                18               15                —
                     — — Of dogfish and other sharks :
0304 20 61           — — — Of dogfish (Squalus acanthias and Scyliorhinus spp .)                                         18               15                ~
0304 20 69           - — — Of other sharks                                                                               18               15                ~
0304 20 71           — — Of plaice (Pleuronectes platessa)                                                               18               15                —
0304 20 73           — — Of flounder (Platichthys flesus)                                                                18               15                —
0304 20 75           — — Of herring (Clupea harengus , Clupea pallasii)                                                  18               15                —
0304 20 79           — — Of megrim (Lepidorhombus spp .)                                                                 18               15                —
0304 20 81           — — Of Ray's bream (Brama spp .)                                                                    18               15                —
0304 20 83           — — Of monkfish (Lophius spp .)                                                                     18               15                 —
0304 20 85           — — Of Alaska pollack ( Theragra chalcogramma)                                                      18               15                —
0304 20 87           — — Of swordfish (Xiphias gladius)                                                                  18               15                 —
03 04 20 97          — — Other                                                                                           18               15                 —
0304 90              — Other :
0304 90 10           — — Of freshwater fish                                                                               8                8                   -
                     — — Other :
                     — — — Of herring (Clupea harengus, Clupea pallasii):
0304 90 21           — — — — From 15 February to 15 June                                                                Free             Free
0304 90 25           _____ From 16 June to 14 February                                                                 20 (*)         15 ( } ) («)           -
0304 90 31           — — — Of redfish (Sebastes spp .)                                                                    15               8                 —
                     — — — Of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and of fish
                               of the species Boreogadus saida :
0304 90 35           — — — — Of cod of the species Gadus macrocephalus                                                    15               15                —
0304 90 38           — — — — Of cod of the species Gadus morhua                                                           15            i2 n                 —
0304 90 39           _____ Other                                                                                          15            15 H                 —
0304 90 41           — — — Of coalfish (Pollachius virens)                                                                15               15                —
0304 90 45           — — - Of haddock (Melanogrammus aeglefinus)                                                          15               15                —
                      — - — Of hake (Merluccius spp ., Urophycis spp .):
0304 90 47           — — - — Of hake of the genus Merluccius                                                              15            15 ( 6 )             —
 0304 90 49           — — — — Of hake of the genus Urophycis                                                              15               15                —
 0304 90 51           - - — Of megrim (Lepidorhombus spp .)                                                               15               15                —
 0304 90 55           — — - Of Ray's bream (Brama spp .)                                                                  15               15                —
 0304 90 57           — — — Of monkfish (Lophius spp .)                                                                   15               15                —
  ') Subject to compliance with the reference price .
  2 ) Duty rate reduced to 10% and subject to compliance with the reference price for frozen fillets presented as industrial blocks, with bones (standard) within the
      limits of a global annual tariff quota of 5 000 tonnes , for the period 1 July to 31 December , to be granted by the competent Community authorities .
  ') Subject to compliance with the reference price . A countervailing tax is provided for in the case of non-compliance with the reference price .
  «) Duty exemption for herring falling within subheadings 0302 40 90 , 0303 50 90, 0304 10 93 , 0304 10 98 and 0304 90 25 within the limits of a global annual
      tariff quota of 34 000 tonnes to be granted by the competent Community authorities and subject to compliance with the reference price.
  5 ) Subject to limits and conditions to be determined by the competent authorities .
  6 ) Duty rate reduced to 8 % for silver hake (Merluccius bilinearis) falling within subheadings 0302 69 65 , 0303 78 10 and 0304 90 47 , within the limits of a global
      annual tariff quota of 2 000 tonnes to be granted by the competent Community authorities .
 ---pagebreak--- 25 . 5 . 92                                          Official Journal of the European Communities •                                              No C 134 / 29
          1                                                     2                                                      3                  4               5
0304 90 59          — — — Of blue whiting (Micromesistius poutassou or Gadus poutassou)                               15                 15               —
0304 90 61          — — — Of Alaska pollack ( Theragra chalcogramma)                                                  15                 15              —
0304 90 65          — — — Of swordfish (Xiphias gladius)                                                              15                 15              —
0304 90 97          - - - Other                                                                                       15                 15              —
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 :
0305 10 00          — Fish meal fit for human consumption                                                             15                 13               —
0305 20 00          — Livers and roes , dried , smoked , salted or in brine                                           15                 11              —
0305 30             — Fish fillets , dried , salted or in brine , but not smoked :
                    — — Of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and of fish of
                           the species Boreogadus saida :
0305 30 11          — — — Of cod of the species Gadus macrocephalus                                                   18                 16              —
0305 30 19          — — — Other                                                                                       20                20               —
0305 30 30          — — Of Pacific salmon (Oncorbyncbus spp .), Atlantic salmon (Salmo salar) and
                           Danube salmon (Hucho hucho), salted or in brine                                            18                 15              —
0305 30 50          — — Of lesser or Greenland halibut (Reinhardtius hippoglossoides), salted or in
                            brine                                                                                     18                 15               —
0305 30 90          — — Other                                                                                         18                 16              —
                    — Smoked fish , including fillets :
0305 41 00          — — Pacific salmon (Oncorbyncbus spp .), Atlantic salmon (Salmo salar) and
                            Danube salmon (Hucho hucho )                                                              16                 13              —
0305 42 00          — — Herrings (Clupea harengus, Clupea pallasii)                                                   16                 10               —
0305 49             — — Other :
0305 49 10          — — — Lesser or Greenland halibut (Reinhardtius hippoglossoides)                                  16                 15              —
0305 49 20          — — — Atlantic halibut (Hippoglossus hippoglossus)                                                16                 16              —
0305 49 30          — — — Mackerel (Scomber scombrus, Scomber australasicus , Scomber
                               japonicus)                                                                             16                 14              —
0305 49 40          — — — Trout (Salmo trutta, Salmo gairdneri, Salmo clarki, Salmo aguabonita,
                                Salmo gilae)                                                                           16                14               —
0305 49 50          — — — Eels (Anguilla spp .)                                                                       16                 14               —
0305 49 90          — — — Other                                                                                       16                 14               "
                    — Dried fish , whether or not salted but not smoked :
0305 51             — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) ·.
0305 51 10          — — — Dried , unsalted                                                                             13             13 (M               —
0305 51 90          — — — Dried , salted                                                                               13             13 (')              —
0305 59             — — Other :
                    — — — Fish of the species Boreogadus saida :
0305 59 11          — — — — Dried , unsalted                                                                           13             13 H                —
0305 59 19          — — — — Dried , salted                                                                             13             13 (»)              —
0305 59 30          — — — Herrings (Clupea harengus, Clupea pallasii)                                                  12                12               —
0305 59 50          — - — Anchovies (Engraulis spp .)                                                                  15              ' 10               —
0305 59 60          — — — Lesser or Greenland Halibut (Reinhardtius hippoglossoides), and
                                Pacific Halibut (Hippoglossus stenolepis)                                              15                12               —
( 1 ) Duty exemption for cod of the species Gadus morhua and Gadus ogac falling within subheadings 0305 51 10,0305 51 90 and 0305 62 00 , and for fish of the
      species Boreogadus saida falling within subheadings 0305 59 11,0305 59 19 and 0305 69 10 within the limits of a global annual tariff quota of 25 000 tonnes to
      be granted by the competent authorities .
 ---pagebreak--- No C 134 / 30                                         Official Journal of the European Communities                                                     25 . 5 . 92
          1                                                      2                                                     3                 4                5
0305 59 70          — — — Atlantic halibut (Hippoglossus hippoglossus)                                                15                —                —
0305 59 90          — — — Other                                                                                       15                12               —
                    — Fish , salted , but not dried or smoked and fish in brine :
0305 61 00          — — Herring (Clupea harengus, Clupea pallasii)                                                    12                12               —
0305 62 00          — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)                                           13             i3 n                —
0305 63 00          — — Anchovies (Engraulis spp .)                                                                   15                10               —
0305 69             — — Other :
0305 69 10          — — — Fish of the species Boreogadus saida                                                        13             13 H                —
0305 69 20          — — — Lesser or Greenland halibut (Reinhardtius hippoglossoides) and Pacific
                               halibut (Hippoglossus stenolepis)                                                      15                12               —
0305 69 30          — — — Atlantic halibut (Hippoglossus hippoglossus)                                                15                —                —
0305 69 50          — — — Pacific salmon (Oncorbyncbus spp .), Atlantic salmon (Salmo salar) and
                               Danube salmon (Hucho bucho)                                                            15                11               —
0305 69 90          - - - Other                                                                                       15                12               —
0306                Crustaceans , whether in shell or not , live , fresh , chilled , frozen , dried , salted or in
                    brine ; crustaceans , in shell , cooked by steaming or by boiling in water , whether or
                    not chilled , frozen , dried , salted or in brine ; flours , meals and pellets of
                    crustaceans , fit for human consumption :
                    — Frozen :
0306 11 00          - — Rock lobster and other sea crawfish (Palinurus spp ., Panulirus spp ., Jasus
                            spp .)                                                                                    25                (2)              —
0306 12             — — Lobsters (Homarus spp .):
0306 12 10          — — — Whole                                                                                       25              8 (3)              —
0306 12 90          — — — Other                                                                                       25                16               —
0306 13             — — Shrimps and prawns :
0306 13 10          — — — Of the family Pandalidae                                                                    18                12               —
0306 13 30          — — — Shrimps of the genus Crangon                                                                18                18               —
0306 13 90           - — - Other                                                                                      18                18                —
0306 14             — — Crabs :
0 306 14 10         - — - Crabs of the species Paralithodes camchaticus, Chionoecetes spp . and
                               Callinectes sapidus                                                                    18                 8               —
0306 14 30           — — — Crabs of the species Cancer pagurus                                                        18                15               —
0306 14 90           — — — Other                                                                                      18                15                —
0306 19              — — Other , including flours , meals and pellets of crustaceans , fit for human
                            consumption :
0306 19 10           — — — Freshwater crayfish                                                                        18                15                —
0306 19 30           - - - Norway lobsters (Nephrops norvegicus)                                                       14               12                —
0306 19 90           - - — Other                                                                                       14               12
                     — Not frozen :
0306 21 00           - - Rock lobster and other sea crawfish (Palinurus spp ., Panulirus spp ., Jasus
                            spp .)                                                                                    25                (2 )              —
0306 22              — — Lobsters (Homarus spp .):
0306 22 10           — — — Live                                                                                       25              8 (3)
                     — — — Other :
0306 22 91           — — — — Whole                                                                                     25              8 (3)              —
0306 22 99           — — — — Other                                                                                     25               20                —
(') Duty exemption for cod of the species Gadus morhua and Gadus ogac falling within subheadings 0305 51 10,0305 51 90 and 0305 62 00 , and for fish of the
      species Boreogadus saida falling within subheadings 0305 59 11,0305 59 19 and 0305 69 10 within the limits of a global annual tariff quota of 25 000 tonnes to
      be granted by the competent authorities .
( 2 ) See Annex .
( 3 ) Subject to limits and conditions to be determined by the competent authorities .
 ---pagebreak--- 25 . 5 . 92                                 Official Journal of the European Communities                           No C 134 / 31
        1                                              2                                                   3    4       5
0306 23     -
               — Shrimps and prawns :
0306 23 10  —
               — — Of the family Pandalidae                                                               18   12       —
               — — Shrimps of the genus Crangon :
0306 23 31  -
               — — — Fresh , chilled or cooked by steaming or by boiling in water                         18   18       —
0306 23 39  -
               — — — Other                                                                                18   18       —
0306 23 90  -
               — - Other                                                                                  18   18       —
0306 24     -
               — Crabs :
0306 24 10  -
               — — Crabs of the species Paralithodes camchaticus, Cbionoecetes spp . and
                       Callinectes sapidus                                                                18    8
0306 24 30  -
               — — Crabs of the species Cancer pagurus                                                    18   15       —
0306 24 90  -
               — — Other                                                                                  18   15
0306 29     -
               — Other , including flours , meals and pellets of crustaceans , fit for human
                   cosumption
0306 29 10  -
               — — Freshwater crayfish                                                                    18   15
0306 29 30  -
               — — Norway lobsters (Nephrops norvegicus)                                                  14   12
0306 29 90  -
               — — Other                                                                                  14   12       —
0307        Molluscs , whether in shell or not , live , fresh , chilled , frozen , dried , salted or in
            brine ; aquatic invertebrates other than crustaceans and molluscs , live , fresh ,
            chilled , frozen , dried , salted or in brine ; flours , meals and pellets of aquatic
            invertebrates other than crustaceans , fit for human cosumption :
0307 10     -
               Oysters :
0307 10 10  _
                — Flat oysters ( of the genus Ostrea), live and weighing ( shell included ) not
                   more than 40 g each                                                                   Free Free
                                                              1i
0307 10 90     — Other                                                                                    18   18
            -
                Scallops , including queen scallops , of the genera Pecten, Chlamys or
                Placopecten :
0307 21 00  -
               — Live , fresh or chilled                                                                   8    8       —
0307 29     -
                — Other :
0307 29 10  -
                — — Coquilles St. Jacques (Pecten maximus), frozen                                         8    8       —
0307 29 90     - — Other                                                                                   8    8
            :
                                                                                                                        —
                Mussels (Mytilus spp ., Perna spp .):
0307 31     -
                — Live , fresh or chilled :
0307 31 10  -
               — — Mytilus spp .                                                                          10   10       —
0307 31 90  -
                — — Perna spp .                                                                            8    8       —
0307 39     -
                — Other :
0307 39 10  -
               — — Mytilus spp .                                                                          10   10       —
0307 39 90      — — Perna spp .                                                                            8    8
            -
                Cuttle fish (Sepia officinalis, Rossia macrosoma , Sepiola spp .); and squid
                (Ommastrephes spp ., Loligo spp ., Nototodarus spp ., Sepioteuthis spp .):
0307 41     -
                — Live , fresh or chilled :
0307 41 10      — — Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola spp .)                       8    8
            -
                — — Squid (Ommastrephes             spp .,  Loligo     spp .,  Nototodarus        spp .,
                        Sepioteuthis spp .):
0307 41 91  -
                — — — Loligo spp ., Ommastrephes sagittatus                                                8    6       —
0307 41 99  -
                — — — Other                                                                                8    8       —
 ---pagebreak--- No C 134 / 32                                    Official Journal of the European Communities               25 . 5 . 92
        1                                                   2                                      3    4     5
0307 49          — — Other :
                 — — — Frozen :
                 _ _ _ — Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola spp .):
0307 49 11       _____ Of the genus Sepiola other than Sepiola rondeleti                           8    8     —
0307 49 19       — — — — — Other                                                                  8     8
                 _____ Squid (Ommastrephes spp ., Loligo spp ., Nototodarus spp .,
                                Sepioteutbis spp .):
                 — — — — — Loligo spp .:
0307 49 31       ______ Loligo vulgaris                                                            8    6     —
0307 49 33       — — — — — — Loligo pealei                                                         8    6     —
0307 49 35       — — — — — — Loligo patagónica                                                     8    6     —
0307 49 38       ------ Other                                                                      8    6     —
0307 49 51        — — — — — Ommastrephes sagittatus                                                8    6     —
0307 49 59       — — — — — Other .                                                                 8    8
                  — — — Other :
0307 49 71        — — — - Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola spp .)         8    8
                  — — — — Squid (Ommastrephes spp ., Loligo spp ., Nototodarus spp .,
                                Sepioteutbis spp .):
0307 49 91        — — — — — Loligo spp ., Ommastrephes sagittatus                                  8    6     —
0307 49 99        ----- Other                                                                      8    8
                  — Octopus (Octopus spp .):
0307 51 00        — — Live , fresh or chilled                                                      8    8     —
0307 59           - - Other :
0307 59 10        — — — Frozen                                                                     8    8     —
0307 59 90        — — — Other                                                                      8     8    —
0307 60 00        — Snails , other than sea snails                                                 6   Free
                  — Other , including flours , meals and pellets of crustaceans , fit for human
                     cosumption
0307 91 00        — — Live , fresh or chilled                                                     11    11    —
0307 99           - - Other :
                  — — — Frozen :
                                                                                                    8    8
0307 99 11        — — — — Illex spp .                                                                         —
 0307 99 13       - - - - Striped venus and other species of the family Veneridae                   8    8    —
                                                                                                   14   11
 0307 99 19       — — — — Other aquatic invertebrates                                                         —
                  — — — Other                                                                      16   11
 0307 99 90
                                                                                                              —
 0511             Animal products not elsewhere specified or included ; dead animals of Chapter 1
                  or 3 , unfit for human consumption :
 0511 91          - - Products of fish or crustaceans , molluscs or other aquatic invertebrates ;
                         dead animals of Chapter 3 :
                  — — — Fish waste                                                                Free Free    —
 0511 91 10
 0511 91 90       - - - Other                                                                     Free  H      —
 (') See Annex to Regulation ( EEC ) No 2886 / 89 (GATT concessions).
 ---pagebreak--- 25 . 5 . 92                                Official Journal of the European Communities             No C 134 / 33
        1                                             2                                       3   4      5
1604        Prepared or preserved fish ; caviar and caviar substitutes prepared from fish
            eggs :
            — Fish , whole or in pieces , but not minced :
1604 11 00  — — Salmon                                                                       20 5,5      —
1604 12     — — Herrings :
1604 12 10  — — — Fillets , raw , merely coated with batter or breadcrumbs , whether or not
                      prefried in oil , deep frozen                                          18  15      —
1604 12 90  - - - Other                                                                      23 20       —
1604 13     — — Sardines , sardinella and brisling or sprats :
1604 13 10  — — — Sardines                                                                   25 25       —
1604 13 90  - - - Other                                                                      25 20       —
1604 14     — — Tunas , skipjack and bonito (Sarda spp .):
1604 14 10  — — —, Tunas and skipjack                                                        25 24       —
1604 14 90  — — — Bonito (Sarda spp .)                                                       25 25       —
1604 15     — — Mackerel :
1604 15 10  — — — Of the species Scomber scombrus and Scomber japonicus                      25 25       —
1604 15 90  — — — Of the species Scomber australasicus                                       25 20       —
1604 16 00  — — Anchovies                                                                    25 —        —
1604 19     — — Other :
1604 19 10  — — — Salmonidae , other than salmon                                             20  7       —
1604 19 30  — — — Fish of the genus Euthynnus, other than skipjack [Euthynnus
                      (Katsuwonus) pelamis]                                                  25 24
1604 19 50  — — — Fish of the species Orcynopsis unicolor                                    25 25       —
            — — — Other :
1604 19 91  — — — — Fillets , raw , merely coated with batter or breadcrumbs , whether or
                         not prefied in oil , deep frozen                                    18 15
1604 19 99  — — — — Other                                                                    25 20       —
1604 20     — Other prepared or preserved fish :
1604 20 10  — — Of salmon                                                                    20 5,5      —
1604 20 30  — — Of Salmonidae , other than salmon                                            20  7       —
1604 20 40  — — Of anchovies                                                                 25  —       —
1604 20 50  — — Of sardines , bonito , mackerel of the species Scomber scombrus and
                   Scomber japonicus , fish of the species Orcynopsis unicolor               25 25       —
1604 20 70  — — Of tunas , skipjack or other fish of the genus Euthynnus                     25 24       —
1604 20 90  — — Of other fish                                                                25 20       —
1604 30     — Caviar and caviar substitutes :
1604 30 10  — — Caviar ( sturgeon roe )                                                      30 30       —
1604 30 90  — — Caviar substitutes                                                           30 30       —
1605        Crustaceans , molluscs and other aquatic invertebrates , prepared or preserved :
1605 10 00  — Crab                                                                           20  16      —
1605 20 00  — Shrimps and praws                                                              20 20       —
1605 30 00  — Lobster                                                                        20 20       —
1605 40 00  — Other crustaceans                                                              20 20       —
 ---pagebreak--- No C 134 / 34                                 Official Journal of the European Communities                    25 . 5 . 92
      1                                                  2                                               3  4   5
1605 90       — Other :
1605 90 10    — — Molluscs                                                                              20 20  —
1605 90 90    — — Other aquatic invertebrates                                                           26 26   —
1902          Pasta , whether or not cooked or stuffed ( with meat or other substances ) or
              otherwise prepared , such as spaghetti , macaroni , noodles , lasagne , gnocchi ,
              ravioli , cannelloni ; couscous , whether or not prepared :
              — Uncooked pasta , not stuffed or otherwise prepared :
1902 20       — Stuffed pasta , whether or not cooked or otherwise prepared:
1902 20 10    — — Containing more than 20 % by weight of fish , crustaceans , molluscs or
                     other aquatic invertebrates                                                        17 17   —
2301          Flours , meals and pellets , of meat or meat offal , of fish or of crustaceans , molluscs
              or other aquatic invertebrates , unfit for human consumption ; greaves :
2301 20 00    — Flours , meals and pellets , of fish or of crustaceans , molluscs or other aquatic
                 invertebrates                                                                           5  2   —
 ---pagebreak--- 25 . 5 . 92                  Official Journal of the European Communities            No C 134 / 35
                                                ANNEX VIII
                                            CORRELATION TABLE
            Regulation ( EEC ) No 3687 / 91                          This Regulation
                Article    1er                                    Article    1
                Article    2                                      Article    2
                Article    3                                      Article 2 ( 4 )
                Article    4                                      Article    3
                Article    5                                      Article    4
                Article    6                                      Article    7
                Article    7                                      Article    5
                Article    8                                      Article    6
                Article    9                                      Article    8
                Article 10                                        Article    9
                Article 11                                        Article 10
                Article 12                                        Article 11 and 13
                Article 13                                        Article 12
                Article 14                                        Article 14
                Article 15
                Article 16                                        Artie ! c 15
                Article 17                                        Article    9
                Article 18                                        Article 16
                Article 19                                        Article 17
                Article 20                                        Article 18
                Article 21                                        —
                Article 22                                        Article 19
                Article 23                                        Article 20
                Article 24                                        Article 22
                Article 25                                        Article 23
                Article 26                                        —
                Article 27                                        Article 24
                Article 28                                        —
                Article 29                                        Article 25
                Article 30                                        Article 26
                Article 31                                        Article 27
                Article 32                                        Article 28
                Article 33                                        Article 29
                Article 34                                        Article 30
                Article 35                                        Article 31
                Article 36                                        Article 32
                Article 37                                        Article 33
                Article 38                                        Article 34
                Article 39                                        Article 35
                Article 40                                        Article 36
                I to VII                                          I to VII