CELEX: 51982PC0698
Language: en
Date: 1982-11-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) DETERMINING THE IMPORT DUTIES APPLICABLE TO FISH FILLETS OBTAINED ON BOARD COMMUNITY VESSELS FROM FISH ORIGINATING IN THIRD COUNTRIES

No C 302/6                            Official Journal of the European Communities                            19. 11.82
    4.     The provisions of paragraph 2 do not                     falling under subheading 22.05 C of the Common
    derogate from the rules laid down for the                       Customs Tariff is expressed, shall be the repre-
    conversion of the ECU into national currencies                  sentative rate where such a rate is laid down
    within the framework of the documentary                         under the common agricultural policy.'
    evidence     specified    in     certain    preferential
    arrangements or in the agreements concluded with                                         Article 2
    certain third countries.
                                                                This Regulation shall enter into force on the day
                                                                following its publication in the Official Journal of the
    5.     By way of derogation from the provisions of          European Communities.
    paragraphs 2 and 3, the rate to be used for the
    conversion into national currencies of the ECU in           This Regulation shall be binding in its entirety and
    which the customs duty applicable to products               directly applicable in all Member States.
               Proposal for a Council Regulation determining the import duties applicable to fish fillets
                     obtained on board Community vessels from fish orginating in third countries
                           (Submitted by the Commision to the Council on 9 November 1982)
 THE COUNCIL OF THE EUROPEAN                                    release of goods for free circulation (2), where goods
 COMMUNITIES,                                                   are released for free circulation in the Community the
                                                                customs debt is incurred at the moment when the
 Having regard to the Treaty establishing the                   relevant entry is accepted; whereas, consequently, the
 European Economic Community, and in particular                 amount of import duties payable on fillets obtained
Article 235 thereof,                                            from fish orginating in third countries is the amount
 Having regard to the proposal from the Commission,             payable on those fillets on the date of acceptance of
                                                                the entry of those goods for free circulation;
 Having regard to the opinion of the European
 Parliament,                                                    Whereas, pursuant to those provisions, Common
 Having regard to the opinion of the Economic and               Customs Tariff duties are to be applied to the added
 Social Committee,                                              value arising from the processing by the crew of the
                                                                Community vessel of fish originating in third
Whereas Community vessels fitted out for the filleting          countries;
of fish are sometimes obliged, owing to the
limitations imposed on them concerning the quantities
                                                                Whereas, in view of the particular circumstances
of fish they are authorized to catch, to purchase on
                                                                which lead Community vessels to use fish originating
the     fishing    grounds,      for    their    processing
                                                                in non-member countries in order to obtain fillets,
requirements, fish originating in third countries;
                                                                such charging is not justified from an economic point
Whereas, in accordance with Article 7 (a) of Council            of view; whereas the necessary special provisions
Directive 79/623/EEC of 25 June 1979 on the                     should therefore be adopted to ensure that the import
harmonization of provisions laid down by law, regu-             duties levied on the products in question are those
lation or administrative action relating to customs             which would be payable if the fish originating in third
debt ('), the amount of the import or export duties             countries were entered for free circulation in the
payable on goods is determined on the basis of the              unprocessed state;
taxation elements appropriate to the goods at the
moment when the customs debt in respect of them is              Whereas provision should be made for the necessary
incurred; whereas this provision applies subject to the         supervisory and cooperation measures to ensure the
special provisions adopted under specific customs or            correct implementation of this Regulation; whereas
agricultural rules;                                             the most appropriate procedure for this purpose is
                                                                that laid down in Article 57 of Council Regulation
Whereas, in accordance with Article 3 (a) of                    (EEC) No 222/77 of 13 December 1976 on
Directive 79/623/EEC, applied in conjunction with               Community transit (5);
Article 11 (1) of Council Directive 79/695/EEC of 24
July 1979 on the harmonization of procedures for the
                                                                (2) OJ No L 205, 13. 8. 1979, p. 19.
(') OJ No L 179, 17. 7. 1979, p. 31.                            (') O J N o L 3 8 , 9. 2. 1977, p. 1.
 ---pagebreak--- 19. 11. 82                        Official Journal of the European Communities                              No C 302/7
Whereas the object of this Regulation is to determine             within quantitative limits, that rate shall be applied
the conditions for applying the Common Customs                    on the same terms as if the fish had been
Tariff to fish fillets obtained on board Community                presented in the unprocessed state at the customs
vessels from fish originating in third countries in such          office where the formalities for the release of the
a way as to obviate the charging of duty on added                 goods for free circulation are completed,
value arising from the processing of those fish by the       — the customs value to be adopted when
crews of the vessels; whereas this Regualtion must                determining the amount of import duties payable
not, however, increase the quantities of fish orig-               shall be that of whole fresh or chilled fish of the
inating in third countries which may qualify for                  species from which the fillets entered for free
special tariff treatment in the event of their being              circulation have been obtained, as would be
released for free circulation in the unprocessed state            determined pursuant to the provisions on the
in the Community, possibly by virtue of the fact that             valuation of goods for customs purposes if the fish
they are to be used for a specific purpose; whereas, in           were presented in the unprocessed state at the
view of the aim pursued, the scope of this Regulation             customs office where the formalities for the
should be limited to fish fillets obtained from fish put          release of the goods for free circulation are
on board Community vessels on the high seas on the                completed.
fishing grounds themselves;
                                                             2.     Paragraph 1 shall apply only in so far as the fish
Whereas the aim pursued is in conformity with the            originating in third countries used to make the fish
objectives of the Community; whereas the terms of            fillets referred to in that paragraph were put on board
the Treaty do not expressly empower the Community            Community vessels on the high seas, on the fishing
institutions to adopt the provisions necessary for this      grounds themselves.
purpose; whereas, consequently, it is necessary to
base this Regulation on Article 235 of the Treaty,           3.     For the purposes of paragraphs 1 and 2,
                                                             'Community vessels' means vessels registered in a
HAS ADOPTED THIS REGULATION:                                 Community Member State and flying the flag of that
                                                             Member State.
                        Article 1
                                                                                       Article 2
1.    The import duties applicable to fish fillets falling
within Common          Customs Tariff        subheadings     Measures       for    supervision    and     administrative
03.01 BII and 03.02 A I I which are obtained on              cooperation necessary for the correct implementation
board Community vessels from fish originating in             of this Regulation shall be adopted in accordance
third countries shall, in the event of release for free      with the procedure laid down in Article 57 (2) of
circulation, be determined as follows:                        Regulation (EEC) No 222/77.
— the rate of import duty applicable shall be that
    payable, on the date of acceptance by the customs                                  Article 3
    authorities of the entry for release for free circu-
                                                             This Regulation shall enter into force on 1 April
    lation, on whole fresh or chilled fish of the species
                                                              1983.
    from which the fillets entered for free circulation
    have been obtained; where the rate applicable to          This Regulation shall be binding in its entirety and
    such fish is reduced or zero, whether or not              directly applicable in all Member States.