CELEX: 31973R3609
Language: en
Date: 1973-12-27 00:00:00
Title: Regulation (EEC) No 3609/73 of the Council of 27 December 1973 on customs treatment to be applied to certain fishery products originating in Norway

31 . 12. 73                        Official Journal of the European Communities                        No L 365 / 171
                              REGULATION (EEC) No 3609/73 OF THE COUNCIL
                                                 of 27 December 1973
               on customs treatment to be applied to certain fishery products originating in Norway
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     2.    Customs duties applicable to imports into
                                                              Denmark and the United Kingdom of products
 Having regard to the Treaty establishing the                  originating in Norway and falling within tariff
 European Economic Community, and in particular                heading Nos ex 03.01 , ex 16.04 and ex 16.05 of the
 Articles 43 and 113 thereof;                                  Common Customs Tariff, listed in Table II annexed
                                                              to this Regulation, shall be fixed at the level shown
 Having regard to the proposal from the Commission ;          for each of them .
 Having regard to the Opinion of the European
 Parliament;                                                  3.     Customs duties applicable to imports into
                                                              Ireland of products originating in Norway and falling
 Whereas by an exchange of letters between the                within tariff heading Nos ex 03.01 , ex 16.04 and ex
 European Economic Community and Norway, the                   16.05 of the Common Customs Tariff listed in Table
 Community undertook to effect an autonomous                  III annexed to this Regulation, shall be reduced to, or
reduction of the customs duties applicable to certain         fixed at, the level shown for each of them .
 fishery products falling within tariff heading Nos ex
03.01 , ex 16.04 and ex 16.05 of the Common                   4. The reductions provided for in paragraphs 1 , 2
 Customs Tariff, originating in Norway, provided that         and 3 shall be applied provided only that Norway
Norway respected current terms of general                     complies with present or future Community reference
competition in the fisheries sector;                          prices.
Whereas that exchange of letters provided for certain
rules of origin ; whereas, if such rules are to be                                       Article 2
applied, the conditions governing the carriage of
originating products and arrangements for                     The concept of originating products is defined and
administrative cooperation must be laid down ;                the arrangements for administrative cooperation are
whereas the fact that the products in question are            laid down in the Annex to this Regulation.
originating products must be substantiated by a
movement certificate issued by the Norwegian
customs authorities when the corresponding products                                   Article 3
are exported,
                                                              In no case may canned sprats (Sprattus sprattus) be
HAS ADOPTED THIS REGULATION :                                 held in stock or exhibited for sale, be put into
                                                              circulation or sold in the Community under a name
                        Article 1                             other than that of canned sprats or brisling; in
                                                              particular they must not bear the name of Norway
1.     Customs duties applicable to imports into the          sardines, anchovies or herrings.
Community as originally constituted of products
originating in Norway, and falling within tariff
heading Nos ex 03.01 , ex 16.04 and ex 16.05 of the                                   Article 4
Common Customs Tariff, listed in Table I annexed
to this Regulation, shall be reduced to the level             This Regulation shall enter into force on 1 January
shown for each of them .                                      1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 December 1973 .
                                                                                 For the Council
                                                                                  The President
                                                                                Ove GULDBERG
 ---pagebreak--- No L 365 / 172                        Official Journal of the European Communities                               31 . 12 . 73
                                                          ANNEX
              I. For the purpose of implementing the tariff reductions provided for in Article 1 , the following
                 products, provided they are transported directly to the Community , shall be considered as
                 originating in Norway :
                 (a ) products obtained by fishing conducted in Norway ;
                 (b) products taken from the sea by Norwegian vessels ;
                 (c ) products made aboard Norwegian factory ships exclusively from products referred to in
                       subparagraph (b) ;
                 (d) goods produced in Norway from products specified in subparagraphs ( a), (b) and (c).
                 The term 'in Norway' shall cover also the territorial waters of Norway. Vessels operating on
                 the high seas, including factory ships, on which the fish caught is worked or processed shall
                 be considered as part of the territory of Norway provided that they satisfy the conditions
                 set out below concerning vessels.
                 The term ' Norwegian vessels' shall apply only to vessels :
                 — which are registered in Norway ;
                 — which sail under the flag of Norway ;
                 — which are at least 50 % owned by nationals of Member States of the Community or of
                      Norway or by a company with its head office in one of those States, of which the
                      manager or managers, chairman of the board of directors or of the supervisory board, and
                      the majority of the members of such boards are nationals of the Member States of the
                      Community or of Norway, and of which, in addition, in the case of partnerships or
                      limited companies, at least half the capital belongs to those States or to public bodies
                      or nationals of the said States ;
                 — of which the captain and all the officers are nationals of the Member States of the
                      Community or of Norway,
                 — of which at least 75 % of the crew are nationals of the Member States of the Community
                      or of Norway.
             II. Products shall be regarded as being transported directly from Norway to the Community
                 where they cross no territories other than those of Norway and of the Community.
            III. Originating products within the meaning of this Annex shall, on import into the Community,
                 benefit from the provisions of Article 1 on production of an EUR.l movement certificate
                 as issued by the Norwegian customs authorities under the EEC/Norway Agreement on
                 written application by the exporter made out on the form prescribed for this purpose.
            IV. The provisions of Protocol No 3 annexed to Council Regulation (EEC) No 1691/73 of
                 25 June 1973 which relate to the issuing of certificates, the time limit for the submission
                 of such certificates to the customs authorities of the importing State and mutual assistance
                 between Norway and Member States for the purpose of checking the authenticity and accuracy
                 of movement certificates, shall apply.
 ---pagebreak--- 31 . 12. 73                                   Official Journal of the European Communities                                                  No L 365 / 173
                                                                      TABLE I
                         Duties applicable to products imported into the Community as originally constituted
                                                                                                            Rate of duty applicable from
       CCT
     heading                                   Description
        No                                                                             1 . 1 . 1974  1 . 1 . 1975    1 . 1 . 1976  1 . 1 . 1977  1 . 7 . 1977
      03.01          Fish, fresh ( live or dead), chilled or frozen :
                     B. Saltwater fish :
                         II . Fillets:
                              b ) Frozen :
                                  1 . Of cod (Gadus morrhua or Gadus
                                      callarías)                                          12 %            9 %             6%            6%            3 %
                                  2. Of saithe Pollachius virens or Gadus
                                      virens)                                             12 %            9 %             6%            6%            3 %
                                  3 . Of haddock                                          12 %            9 %             6%            6%            3 %
                                  4 . Of redfish (Sebastes marinus)                       12 %            9 %             6%            6%           3 %
                                  6. Of mackerel                                          12 %            9 %             6 %           6%            3 %
                                  7. Other                                                12%             9%              6%            6 %           3 %
      16.04          Prepared or preserved fish, including caviar and
                     caviar substitutes :
                     ex C. Herring:
                              — Fillets, raw, merely covered with batter
                                  or bread crumbs, frozen                                 12%             9%              6%            6%           3 %
                     ex G. Other :
                              — Fillets, raw, merely covered with batter
                                  or bread crumbs                                         12 %            9 %             6%            6%            3 %
                              — Sprats (Sprattus sprattus), in airtight
                                  cans ( J )                                              18 %          16%             14%           14%           12%
      16.05          Crustaceans and molluscs, prepared or preserved :
                     ex A. Crabs, in airtight cans (*)                                    14 %          12%             10 %          10%          7-5 %
                     ex B. Other:
                              — Shrimps and prawns, shelled and frozen,
                                  excluding shrimps of the genus Crangon
                                  sp.p .                                                17-5 %          15 %          12-5 %          10%          7-5 %
(l) 'Airtight cans' means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened other
    than by the process of deterioration .
 ---pagebreak---   No L 365 / 174                               Official Journal of the European Communities                                                     31 . 12 . 73
                                                                       TABLE II
                               Duties applicable to products imported into Denmark or the United Kingdom
                                                                                                                   Rate of duty applicable from
        CCT
      heading                                         Description
         No                                                                                           1 . 1 . 1974   1 . 1 . 1975  1 . 1 . 1976  1 . 7 . 1977
       03.01          Fish, fresh (live or dead), chilled or frozen:
                      B. Saltwater fish :
                          II. Fillets :
                              b) Frozen :
                                    1 . Of cod (Gadus morrhua or Gadus callarías)                        Free           1-5 %         1-5 %          3 %
                                   2. Of saithe (Pollacbius virens or Gadus virens)                      Free           1-5 %         1-5 %          3 %
                                   3 . Of haddock                                                        Free           1-5 %         1-5 %          3 %
                                   4. Of redfish (Sebastes marinus)                                      Free           1-5 %         1-5 %          3 %
                                  6 . Of mackerel                                                        Free           1-5 %         1-5 %          3 %
                                  7. Other                                                               Free           1-5 %         1-5 %          3 %
      16.04           Prepared or preserved fish, including caviar and caviar
                     substitutes :
                     ex C. Herring:
                               I. Fillets, raw, merely covered with batter or bread
                                  crumbs, frozen                                                         Free          1-5 %         1-5 %           3 %
                     ex G. Other :
                               I. Fillets, raw, coated with batter or bread crumbs,
                                   frozen                                                                Free          1-5 %         1-5 %           3 %
                              II. Other
                                  — Sprats (Sprattus sprattus), in airtight cans i1)                      3 %            6 %           9 %         12 %
      16.05          Crustaceans and molluscs, prepared or preserved:
                     ex A. Crabs, in airtight cans (*)                                                   Free         2-5 %            5%        7-5 %
                     ex B. Other:
                              — Shrimps and prawns, shelled and frozen, excluding
                                  shrimps of the genus Crangon sp.p.                                     Free         2-5 %            5%        7-5 %
( ) 'Airtight cans' means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened other
    than by the process of deterioration.
 ---pagebreak--- 31 . 12. 73                                    Official Journal of the European Communities                                                  No L 365 / 175
                                                                      TABLE III
                                              Duties applicable to products imported into Ireland
                                                                                                                   Rate of duty applicable from
       CCT
      heading                                         Description
        No                                                                                            1 . 1 . 1974   1 . 1 . 1975   1 . 1 . 1976  1 . 7. 1977
      03.01           Fish, fresh (live or dead), chilled or frozen :
                      B. Saltwater fish :
                          II . Fillets :
                               b) Frozen :
                                     1 . Of cod (Gadus morrbua or Gadus callarías)                        12%            9 %             6%           3 %
                                    2. Of saithe (Pollachius virens or Gadus virens)                      12%            9%              6%           3 %
                                    3 . Of haddock                                                        12%            9 %             6%           3 %
                                    4. Of redfish (Sebastes marinus)                                      12%            9 %            6%            3 %
                                    6. Of mackerel                                                        12%            9%             6%            3 %
                                    7. Other                                                              12%            9%             6%            3 %
      16.04           Prepared or preserved fish, including caviar and caviar
                      substitutes :
                      ex C. Herring:
                                I. Fillets, raw, merely covered with batter or bread
                                    crumbs, frozen                                                        12%            9 %      '     6%            3 %
                      ex G. Other:
                                I. Fillets, raw, merely covered with batter or bread
                                    crumbs, frozen                                                        12%            9 %            6%            3 %
                               II . Other
                                    — Sprats (Sprattus sprattus), in airtight cans (*)                    35 %          29%            21 %          12 %
      16.05           Crustaceans and molluscs, prepared or preserved:
                      ex A. Crabs, in airtight cans (*)                                               33-4 %            27%            18 %         7-5 %
                      ex B. Other:
                               — Shrimps and prawns, shelled and frozen, excluding
                                    shrimps of the genus Crangon sp.p.                                    Free         2-5 %            5 %         7-5 %
J1) 'Airtight cans' means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened other
    than by the process of deterioration .