CELEX: 51994PC0194
Language: en
Date: 1994-06-17
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of a Community tariff quota for live fry and juveniles of sea bream (Sparus aurata) and bass (Dicentrarchus labrax) originating in Ceuta

COMVIISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(94) 194 final
                                                           Brussels, 17.06.1994
                                                          94/0153 (CNS)
                                             Proposal for a
                                        COUNCIL REGULATION (EC)
                               opening and providing for the administration
                          of a Community tariff quota for live fry and Juveniles
                       of sea bream (Sparus aurata) and bass (Dicentrarchus labrax)
                                           originating in Ceuta
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                                     (presented by the Commission)
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 ---pagebreak---                           EXPLANATORY MEMORANDUM
1. Article 3(2) of Protocol 2 to the Act of Accession of Spain and
   Portugal stipulates that, certain fishery products originating in
   Ceuta and Mel II la shall qualify for exemption from customs duties
   when Imported into the Community.    This Article goes on to specify
   that exemption shall be granted within the limits of Community tariff
   quotas calculated by product and on the average quantities actually
   disposed of during 1982, 1983 and 1984 in that part of Spain which is
   included in the customs territory of the Community or exported to the
   Community as at present constituted.
2. On 3 February 1994 Spain's Permanent Representation asked the
   Commission to open a tariff quota for live fry and juveniles of sea
   bream and bass (CN code ex 0301 99 90) originating in Ceuta.
   The Spanish authorities backed their request with social and economic
   arguments on Ceuta, showing the constraints under Ceuta's economy is
   operating and the difficulties faced by the local fishing industry.
3.  In the past some fishery products originating in Ceuta have injoyed
   the benefit of tariff quotas when imported into the Community.    Later
   exports to the Community fell as a result of a reduction in the
   volume of fishery catches.    The use of these quotas then became
   negligible and they were not extended after 1992.
   Live fry and Juveniles of sea bream and bass are covered by Article 3
   of   Protocol 2, but have not been able to enjoy the benefit of the
   quotas in question because aquaculture is a new activity in Ceuta.
                                   A
 ---pagebreak--- .4.    It seems Justifiable to open a tariff quota for products of CN code
       ex 0301 99 90 because these products replace, in trade with the
       Community, other products covered by Article 3 of the Protocol.
       Also,   preferential tariff is treatment granted by the Community to
       products of the same CN code from some non-member countries.    This
       warrants the adoption by the Community of similar tariff measures for
       Ceuta.
       The joint declaration on Protocol 2 concerning the Canary Islands and
       Ceuta and Mel il la argues in favour of a degree of flexibility as to
       the eligibility of products for the tariff quotas in question.     In
       signing this declaration, the Community admitted the possibility of
       the substitution of products covered by Article 3 of the Protocol.
 5.    The adoption by the Community of tariff preferences for live fry and
       juveniles of sea bream and bass originating in Ceuta entails the
       adjustment of the tariff arrangements introduced by Article 3 of
       Protocol 2.
       This draft Regulation is therefore intended to adjust the
       arrangements applying to Ceuta on the basis of Article 25 of the Act
       of Accession and at the same time to open a zero-duty Community
       tariff quota for live fry and juveniles of sea bream and bass.     To
       give aquaculture time to take root and develop in Ceuta, the measure
       covers the period from 1 July 1994 to 31 December 2000.
       The quota year will run from 1 July to 30 June.    No unused part of
       the quota may be carried over to the next quota period.
       The annual quota volume is 3 mi 11 ion individual fish.   This volume
       has been calculated on the basis of estimated production of these
       products, according to information received by the Spanish
       author it ies.
 6.    A Community tariff quota should therefore be opened for the period
       specified in Article 2.
 Such is the purpose of the attached proposal.
 ---pagebreak---                          Council Regulation (EC) No .../94
                opening and providing for the administration
           of a Community tariff quota for live fry and juveniles
        of sea bream (Sparus aurata) and bass (Dicentrarchus labrax)
                             originating in Ceuta
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in
particular the final subparagraph of Article 25(4),
Having regard to Article 3, (3) of the Act of Accession, of Protocol 2
concerning the Canary Islands and Ceuta and Mel il la,
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Whereas, by virtue of Article 3(2) of Protocol 2, certain fishery products
originating in Ceuta and Mel il la are eligible, as of 1 January 1993, for
exemption from customs duties in the customs territory of the Community;
whereas that exemption is granted within the limit of tariff quotas
calculated by product with reference to the average quantities actually
disposed of during 1982, 1983 and 1984 in that part of Spain which is
included in the customs territory of the Community or exported to the
Community as at present constituted;
Whereas the products originating in Ceuta which have enjoyed the benefit of
the tariff arrangements set up by Protocol 2 are no longer exported to the
Community because of a decrease in volume of fish catches put on to the
 ---pagebreak--- market;   whereas the tariff quotas opened for Ceuta were not extended
beyond 31.12.1992 on this account; whereas live fry and juveniles of sea
bream and bass henceforth replace these products in trade with the
Commun i t y ;
Whereas Ceuta in 1993 exported to the Community 2.5 tonnes of live fry and
juveniles of sea bream and bass of CN code ex 0301 99 90; whereas these
products are covered by Article 3 of the Protocol in question; whereas they
are, however, ineligible for the above-mentioned tariff quotas because
aquaculture was only recently started in Ceuta;
Whereas Ceuta's location as an enclave on the African continent poses
specific problems; whereas the lack of both agriculture and industry leaves
fishing as Ceuta's   primary industry;  whereas since the crisis is
occurring in that sector, aquaculture has the potential to offer Ceuta's
economic operators an alternative source of income to sea fishing;
Whereas the Community accords some non-member countries preferential tariff
treatment in the form of exemption from customs duties for products of
&CN code 0301 99 90; whereas steps should be taken to ensure that the
tariff treatment of such products originating in Ceuta and imported into
the Community is comparable to that accorded to certain non-member
countries; whereas the tariff arrangements applied to Ceuta need to be
adjusted accordingly;
Whereas the Joint declaration on Protocol 2 is intended to permit the
substitution of products covered by Article 3 of the Protocol In question;
Whereas the Kingdom of Spain has asked that the Commission open a zero-duty
Community tariff quota for live fry and Juveniles of sea bream and bass
originat ing in Ceuta;
Whereas a zero-duty Community tariff quota should therefore be opened for
 live fry and juveniles of sea bream and bass originating in Ceuta and the
annual quota volume fixed on the basis of annual production at 3 million
 individual fish; whereas the quota year must run   from 1 July to 30 June
for the lifetime of this Regulation; whereas application of the tariff
quota is subject to compliance with the rules laid down for the common
organization of the markets;
 ---pagebreak---         Whereas it is, in particular, necessary to guarantee all Community
        importers equal and continuous access to the quota and ensure the
        uninterrupted application of the rate laid down for the quota to all
        imports of the products in question into all Member States until the quota
        is exhausted;
        Whereas it is for the Community, in compliance with its international
        obligations, to decide to open tariff quotas-, whereas there is, however, no
        reason why the Member States should not be authorized, in the interests of
        the efficient administration of the quota, to draw from the quota volumes
        the quantities needed to cover actual imports; whereas this method of
        administration calls for close cooperation between the Member States and
        the Commission, which must in particular be able to monitor the rate at
        which the quota is used up and inform the Member States accordingly,
        HAS ADOPTED THIS REGULATION:
                                          Article 1
        This Regulation shall apply without prejudice to the arrangements provided
        for by Protocol N* 2 to the Act of Accession and its detailed rules of
        application to the products not covered by this Regulation.
                                          Article 2
        From 1 July to 30 June of every year, and from 30 June until
        31 December 2000, the customs duties applicable on importation into the
        Community of live fry and Juveniles of sea bream and bass originating in
        Ceuta shall be suspended at the level and within the limit of the Community
        tariff quota shown below:
Order No     CN code       Taric        Description                    Amount of    Quota duty
                           subdivision                                 quota
                                                                        (individual (in X)
                                                                        fish)
09.0321      ex 0301 99 90              Live fry and juveniles of         3 000 000 Free
                                        sea bream (Sparus aurata)
                                        and bass (Dicentrarchus labrax)
                                        1 July to 30 June
                                                •T
 ---pagebreak--- The quota volume for the period 30 June-31 December 2000 shall be allocated
on a pro rata  basis.
                                  Article 3
The product's originating status shall be proven in accordance with
Article 6 of Council Regulation (EEC) No 1135/88 of 7 March 1988.1
                                  Article 4
The tariff quota referred to in Article 1 shall be administered by the
Commission, which may take all appropriate measures to ensure efficient
administration thereof.
                                  Article 5
Where an importer declares in a Member State a product covered by this
Regulation for release for free circulation and applies to take advantage
of the preferential arrangements, and that declaration is accepted by the
customs authorities, the Member State concerned shall, by notifying the
Commission, draw an amount corresponding to its requirements from the quota
volume.
Requests for drawings, indicating the date of acceptance of the said
declarations, must be sent to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of
acceptance of the declaration for release for free circulation by the
customs authorities of the Member State concerned, to the extent that the
available balance so permits.
 If a Member State does not use the quantities drawn, it shall return them
to the corresponding quota volume as soon as possible.
 If the quantities requested are greater than the available balance of the
quota volume, the balance shall be allocated on a pro rata  basis.  The
Commission shall inform the Member States of the drawings made.
   1   OJ No 2 L 114, 2 May 1988, p.1.
 ---pagebreak---                                   Article 6
Each Member State shall ensure that importers of the products in question
have equal and continuous access to the quotas for as long as the balance
of the relevant quota volume so permits.
                                 Art icle 7
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with.
                                  Article 8
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1994.
          This Regulation shall be binding in its entirety and directly
          applicable in all Member States.
Done at Brussels, ...
                                        For the CounciI
                                        The President
                                       ?
 ---pagebreak---                        FINANCIAL STATEMENT
Budget heading involved: Chapter 12, Article 120
Legal basis: Article 25 of the Act of Accession of Spain and
Portugal, and Protocol 2 to that Act.
Title of tariff measure:   Draft Council Regulation (EC) opening and
providing for the administration of a Community tariff quota for live
fry and Juveniles of sea bream and bass originating in Ceuta.
Aim: Contractual obligation of the Community (Act of Accession)
Method of calculation:
CN code:                          ex 0301 99 90
Volume of quota:                  3 000 000 (individual fish)
Duty to be applied:               OX
CCT duty:                         16%
Average unit price: Sea bream     ECU 0.6/individual fish
                    Bass          ECU 0.4/individual fish
                                  (100 000 individual fish to the
                                  tonne)
                                  0.6 X 1 500 000 - 900 000
                                  0.4 X 1 500 000 - 600 000
TOTAL                             ECU 1 500 000 x 16% - ECU 240 000
Loss of revenue
The loss of revenue for each quota period amounts to ECU 240 000.   At
constant prices, the total loss of revenue for the quota periods laid
down in this Regulation is ECU 1 560 000.
                                  t
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (94) 194 final
                                                      DOCUMENTS
EN                                                                          03 02
                                Catalogue number : CB-CO-94-209-EN-C
                                                             ISBN 92-77-68809-2
Office for Official Publications of the European Communities
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