CELEX: 51987PC0623
Language: en
Date: 1987-12-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain prepared or preserved fish, falling within codes ex 1604.13-90, ex 1604.15-90, ex 1604.19-99 and ex 1604. 20-90, of the Combined Nomenclature, originating in Norway (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 623
Vol. 1987/0298
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
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informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(87 ) 623 final
                                                    Brussels , 3 December 1987
                                    Proposal for a
                              COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community tariff
       quota for certain prepared or preserved fish , falling within codes
         ex 1604.13-90 , ex 1604.15-90 , ex 1604.19-99 and ex 1604. 20-90 ,
               of the Combined Nomenclature , originating; in Norway
                                        ( 1988 )              ?    I■
                                                       <Û -,
                                                       CD
                                                      in
                                                      O              U
                                                             to'X
                                                                {O
                           ( submitted by the Commission )
 C0M(87 ) 623 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1.     The agreeraents in the form of exchange of letters between the
       European Economic Cornnunity and Norway concerning agriculture and
       fisheries , approved by a Gouncil Decision of 15 September 1986 ( 1 )
       include provision for an annual Community tariff quota of 400 tonnes
       at 10 % for other prepared or preserved fish excluding prepared or
       preserved smoked saithe , originating in Norway and caning under
       subheading ex 16.04 G II of the Common Customs Tariff or codes ex
       16.04.13-90, ex 16.04.15-90, ex 16.04.19-90 and ex 16.04.20-90 of
       the Combined Nomenclature , due to enter into force on 1 January
       1988 .
       The Conmission is aware that the transfer of certain tariff
       concessions fran the Cornnon Custans Tariff to the Combined
       Nomenclature may raise problens necessitating adjustment between the
       parties concerned . It tray therefore , as appropriate , amend its
       proposal during the procedure , if and as needed , for this purpose .
2.     Tie present proposal is for the implementation of this quota for the
       period fran 1 January to 31 December 1988 .
3.     For these products , the Commission' s proposal is largely modelled on
       those usually presented for tariff quotas , in that :
       - the quota volume is subdivided into two sections , the first of
          which for a relatively large quantity , is allocated between
          certain habitual importer Member States , the second constituting
          a reserve to cover any additional needs of the latter countries
          plus requirements which might arise in the other Menber States .
       -  the allocation of the initial shares to the Member States is
          based on the history of the imports of each of them fraa Norway
          over the latest three years for which statistics are available
          and on the foreseeable requirements of these Mesnber States for
          the quota period .
( 1 ) 0JL 328, 22.11.1986 , p. 76
 ---pagebreak---                                      - 3 -
       Community imports from Norway were as follows over the relevant
       three years :
Mahber States                1984          1995       1986
Benelux                          0           11          4
Deni nark                      41             7          2
Germany                        15            22          3
Spain                            0            3          0
Greece                           0            0          1
France                      1 690        1 604       1 354
Ireland                          0            0          0
Italy                            0          106        309
Portugal                         0            0          0
United Kingdom                500           354        161
                            2 246        2 107       1 834
       On the basis of these figures and the foreseeable requiranents of
       these Member States , the initial shares of the Manber States can be
       estimated as follows :
Benelux                     0.24
Deni .ark                   0.81
Germany                     0.65
France                    75.13
Italy                       6.71
United Kingdom             16.40
 ---pagebreak---                                                   Proposa L for a
                                       COUNCIL REGULATION ( EF.C ) No <
                                                     of
                 opening, allocating and providing for the administration of a Community tariff quota for
                 certain prepared or preserved fisn , falling within codes ex 1604.13-90 ,,
                  ex 1604.15-90 , ex 1604.19-99 and ox 1604.20-90 ,. of the Combined
                  Nomenclature , originating in Noruay ( 1900 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article I IT
thereof.
Having regard to the Act of Accession of Spain and
Portugal ,
Having regard to the proposal from the Commission ,
Whereas an Agreement between the European Economic
Community and the Kingdom of Norway was concluded on
14 May 1973 ; whereas , following the accession of Spain and Portugal to the
 Community , an agreement in the form of an exchange of letters was
 concluded and approved by a decision of the Council of 15 September 1986 ( 1 ) ;
 Whereas the aforesaid agreement provides in particular for the opening of a
 Community tariff quota at reduced rates of duty for certain prepared or
 preserved fishery products originating in Norway ; whereas therefore the
 tariff quota in question should be opened for the period 1 January to
 31 December 1988 ;
 Whereas the Community has adopted , with effect from 1 January 1988 onwards , a
 Combined Nomenclature of goods which is in line with the requirements of the
 Common Customs Tariff and of the statistics for the external trade of the
 Community and of trade between its Member States ; whereas , in order to cover
 at the same time specific Community regulations , the said Nomenclature has been
 enlarged by the establishment of an integrated tariff of the European
 Communities ( TARIC ) ; whereas from this date onwards the Combined Nomenclature
 and , where appropriate , the TARIC code numbers , should therefore be used to
 refer to the products covered by this Regulation .
 Whereas equal and uninterrupted access to the quota should be ensured for all
                     importers and the rate of levy for the tariff
    quota should be applied consistently to all imports until the quota 1 S
     exhausted > whereas , in the light of the principles
    outlined above , a Community tariff arrangement based on an
    allocation between the Member States will
    preserve the Community nature of the quota ; whereas , to
   match as closely as possible the actual development of the
    market in the said products, the allocation should follow
    proportionately the requirements of the Member States
    calculated with reference to statistics of imports from Norway
    during a representative reference period and to
    economic outlook for the relevant quota year ;
    ( 1 ) 0J No L 328 , 22.11.1986 , p. 76
 ---pagebreak---                                                          -2-
  Whereas , during the Latest years for which statistics are available ,
  imports into each of the Member States were as follows :
                                           ( tonnes )
                                 19X4        1985       1986
                                                         ..
Benelux                              0         11
Denmark                            41           7           2
                                    15         22           3
Germany
Greece                               0          0           0
                                     0          3           1
Spain
France                          1 690      1 604      1 354
Ireland                              0          0           0
Italy                                0        106        309
Portugal                             0          0           0
United kingdom                    500         354        161
                                2 246      2 107      1  834
               Whereas , during the years under consideration , the products
               in question were imported only by certain Member States and these were no Such imports
 into the Otner Member States ;                          whereas , under these
               circumstances , initial shares should be allocated to the
               importing Member States and the other Member States
               should be guaranteed access to                 the tariff quota
               upon imports into those States of the products concerned
               being notified ; whereas these arrangements for allocation
               will also enable the uniform application of the
               Comoineo Nomenclature to be ensured ;
               Whereas , in view                of these factors , the initial
               percentage shares in the quota volume can be set
               approximately as follows :
                      Benelux                                      0.24
                      Denmark                                      0.Γ.1
                      Germany                                      Ü.65
                      France                                      75.13
                      Italy                                        6.71
                      United Kingdom                              16.40
               Whereas , to accommodate any changes in imports for
               these products , the quota volume should be divided into two
               instalments , the first being allocated between the Member
               States and the second held as a reserve to cover any
               subsequent requirements of Member States which have used
               up their initial share ; whereas to afford importers some
               degree of certainty , the first instalment of the tariff quota
               should be fixed at a high level , which in this case could be
               67% of the quota ;
 ---pagebreak---                                                                     -3-
             Whereas initial shares may be used up at different rates ;
             whereas , to avoid disruption of supplies on this account , it
             should be provided that any Member Stare which has almost
             used up its initial share should draw an additional share from
             the reserve ; whereas , each time its additional share is almost
             used up, a Member State should draw a further share and so
             on as many times as the reserve allows; whereas the initial
             and additional shares should be valid until the end of the
             M„, ua period ; whereas this form of administration requires
             close collaboration between the Member States and the
             Commission and the Commission must be in a position to
             keep account of the extent to which the quotas have been
             used up and to inform the Member States accordingly ;
          Whereas , if at a given time in the course of the quota period any
          substantial quantity of a Member State 's initial share remains unused ,
          it is essential that the Member State concerned return a significant
          proportion thereof to the reserve , in order to prevent a part of the
          Community tariff quota from remaining unused in one Member State while
          it could be used in others ;
           Whereas, since the Kingdom of Belgium , the Kingdom of the
           Netherlands and the Grand Duchy of Luxembourg are united
           within and jointly represented by the Benelux Economic
           Union , any measure concerning the administration of the
           shares allocated to that economic union may be carried out
           bv any one of its members ,
        HAS ADOPTED THIS REGULATION
                                                             Article 1
        1 . From 1 January to 31 December 1988 , the customs duty on imports of the
            following products , originating in Norway , shall be suspended at the
            level and within the limit of the Community tariff quota shown herewith :
Order     Combined                                                                           Quota        Rate
No        Nomenclature                                              I )c‘sc ri|>l ion       volume       ot duty
          code                                                                          ( III tonnes )
                                                                                                       _     Ί   .-
09.0711                                      Prepared or preserved fish , in ¬
                                             cluding caviar and caviar substi - ;
                                             tutes prepared from fish eggs :
          ex 1604.13-90                      Other :
                                             - Sardinella , brisling or sprots , ,
                                                not including fillets , raw ,
                                                coated with batter or bread ¬
                                                crumbs , deep frozen                  '
          ex 1604.15-90                      Mackerel of the species Scomber
                                             australasicus , not including
                                             fillets , raw , coated with batter
                                             or breadcrubms , deep frozen
          ex 1604.19-99                      Other , not including smoked
                                             saithe
          ex 1604.20-99                      Fish other than herring
          Under this tariff quota , the Kingdom of Spain and the Portuguese Republic
          shall charge duties of 12.4 % and 22.5 % respectively .
 ---pagebreak---                                                        -4-
          2.     Imports of the products in question shall not qualify
         for the tariff quota relerred to in paragraph I unless the
          free-at- frontier-price, which is determined by the Member
          States according to Article 21 of Council Regulation ( EEC )
          No 3796 / 81 of 29 December 1981 on the common
          organization of the market in fishery products ( ' ), as last
          amended by Regulation ( EEC ) No 2315 / 86 ( 2 ), is at least
          equal to the reference price whe re such 3 price has
          ueen fixed Dy the Community for the
          product or categories of products under
          consideration .
          3.     The Protocol on the definition of the concept of
          originating products and on methods of administrative
          cooperation , annexed to the Agreement between the
          European Economic Community and the Kingdom of
          Norway , shall be applicable .
                                       Article 2
          1.    The tariff quota laid down in Article 1(1 ) shall be
          divided into two instalments .
          2.    A first instalment of this quota shall be allocated
          among certain Member States . The respective shares , which ,
          subject to Article 5 , shall be valid until 31 December 198jJ,
          shall be as follows :
                                                         (in tonnes )
                  Benelux                                      »
                  Denninrk                                    2
                  Germany                                     J*
                  France
                  ltaly                                   “là
                  United Kingdom                            44
          3.     The second instalment of the quota , being') ^fjtonnes,
          shall constitute the reserve .
          4.     If an importer notifies the imminent import of the
          products in question into a Member State which does not
          participate in the initial allocation and requests the benefit of
          the quota , the Member State concerned shall inform the
          Commission and draw an amount corresponding to these
          requirements to the extent that the available balance of the
          reserve so permits .
( 1 ) OJ No L 379 , 31.12.1981 , p. 1
( 2 ) OJ No L 202 , 25 . 7.1986 , p. 1
 ---pagebreak---                                               -5-
                              Article 3
 1.      If a Member State has used 90 % or more of its initial
 share as fixed in Article 2 ( 2 ), or of that share minus any
 proportion returned to the reserve pursuant to Article 5 , it
 shall forthwith , by notifying the Commission , draw a second
 share , to the extent that the reserve so permits , equal to 10 %
 of its initial share , rounded up as necessary to the next whole
 number .
 2.      If a Member State , after exhausting its initial share , has
 used 90% or more of the second share drawn by it , that
 Member State shall forthwith , in the manner and to the
 extent provided in paragraph i , draw a third share equal to
 5 % of its initial share , rounded up as necessary to the whole
 number .
 3.      If a Member State , after exhausting its second share ,
 has used 90% or more of the third share drawn by it , that
 Member State shall , in the manner and to the extent provided
 in paragraph 1 , draw a fourth share equal to the third .
 This process shall apply until the reserve is used up .
 4.      By way ol derogation from paragraphs 1 , 2 and 3 , a
 Member State may draw shares lower than those specified in
those paragraphs if there are grounds for believing that those
specified may not be used in full . Any Member State applying
this paragraph shall inform the Commission of its grounds
for so doing .
                              Article 4
Additional shares drawn pursuant to Article 3 shall be valid
until 31 December 1988 .
                              Article 5
Member States shall , not later than 1 October 198 $ return
to tne . reserve such unused portion of
tneir initial snare as . on 15 Septemoer
1 Voo exceeds 20 % of tne initial
volume . T hey may return a greater portion if there are
grounds for believing that it may not be used in full .
Member States shall , not later than 1 October 1988 , notify
the Commission of the total quantities of the product in
question imported up to and including 15 September 198 &
and charged against the Community quota and of any
portion of their initial shares returned to the reserve .
 ---pagebreak---                                                -6-
                                         Article 6
             The Commission shall keep an account of the shares opened
             by the Member States pursuant to Articles 2 and 3 and shall ,
             as soon as the information reaches it , inform each State of the
             extent to which the reserve has been used up .
             It shall , not later than 5 October 19F8 < inform the Member
             States of the amount still in reserve , following any return of
             shares pursuant to Article 5 .
              It shall ensure that the drawing which exhausts the reserve
             does not exceed the balance available , and to this end shall
              notify the amount of that balance to the Member State
              making the last drawing.
                                          Article 7
              1.     The Member States shall take all appropriate measures
              to ensure that additional shares drawn pursuant to Article 3
              are opened in such a way that imports          may be charged
              without interruption against their cumulative shares
               of the Community quota .
              2.     The Member State shall ensure that importers of the
              product in question have free access to the shares allocated to
              them .
              3.     The Member States shall charge imports of the product
              in question against their shares as and when the product is
              entered with the customs authorities for free circulation .
              4.     The extent to which a Member State has used up its
              share shall be determined on the basis of the imports charged
              in accordance with paragraph 3 .
                                          Article 8
              At the request of the Commission , the Member States shall
              inform it of imports actually charged against their shares .
                                          Article 9
              Member States and the Commission shall cooperate closely
              to ensure that this Regulation is complied with .
                                         Article 10
              This Regulation shall enter into force on 1 January 198 8 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels,
                                                                              For the Council
                                                                               The President