CELEX: 51988PC0449
Language: en
Date: 1988-09-13
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, originating in Norway (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 449
Vol. 1988/0164
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COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(88 ) 449  final
                                                         Brussels , 13 September 1988
                                       Proposal for a
                               COUNCIL REGULATION (EEC )
  opening , allocating and providing for the administration of a Community
             tariff quota for certain prepared or preserved fish,
                            originating in Norway ( 1989 )
                       ( presented by the Commission )
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 ---pagebreak---                                    EXPLANATORY MEMORANDUM
1.        The agreements in the form of an exchange of letters between the European
          Economic Gortmunity and ISbrvay concerning agriculture and fisheries ,
          approved by 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 coming under subheading ex 1604 G II of the
          Ccrrmon Customs Tariff or codes ex 1604 13 90, ex 1604 15 90, ex 1604 19 90
          and ex 1604 20 90 of the Combined Nomenclature , entered into force on 1
          January 1988 .
2.        The present proposal is for the implementation of this quota for the period
          from 1 January to 31 December 1989 .
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 Member States ;
          -  the allocation of the initial shares to the Member States is based on
             the history of the imports of each of them from ISbrway over the latest
              three years for which statistics are availble and on the foreseeable
             requirements of these Member States for the quota period .
( 1 ) OJ No L 328 , 22.11.1986 , p. 76
                                                                           Z
 ---pagebreak---                                 - 2 -
 Canmmity imports fran Norway wire as follows over the relevant three
years :
Member State        1984      1985       1986
 Benelux              11         4          4
Denmark                7         2          7
Gennany               22         3         21
Spain                  3         0          0
Greece                 0         1          1
France            1 604      1 354      1 273
Ireland                0         0          0
Italy                106       309          0
Portugal               0         0          0
United Kingdom       354       161        124
                  2 107      1 834      1 430
On the basis of these figures and the foreseeable requirements of these
Member States , the initial shares of the Member States can be estimated as
follows :
Member State
Benelux           0.40
Denmark           0.34
Germany           0.86
France           78.77
Italy             7.73
United Kingdom   11.90
                                                             3
 ---pagebreak---                                                     Broposal for a
                                         COUNCIL REGULATION (EEC) No
                                                   of
                  opening, allocating and providing for the administration of a Community tariff quota for
                  certain prepared or preserved fish, originating in Norway ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        requirements of the Member States calculated with
                                                                 reference to statistics of imports from Norway during a
Having regard to the Treaty establishing the European            representative reference period and to economic outlook
Economic Community, and in particular Article 113                for the relevant quota year;
thereof,
                                                                 Whereas, during the latest years for which statistics are
Having regard to the Act of Accession of Spain and               available, imports into each of the Member States were
                                                                 as follows :
Portugal,
                                                                                                                      (tonnes)
Having regard to the proposal from the Commission,
                                                                                                           1985      1986       1987
Whereas an Agreement between the European Economic
                                                                 Benelux                                      11          4        4
Community and the Kingdom of Norway was concluded                Denmark                                       7          2        7
on 14 May 1973 ; whereas, following the accession of             Germany                                     22           3       21
Spain and Portugal to the Community, an Agreement in             Greece                                        0         0         0
the form of an Exchange of Letters was concluded and
approved by Council Decision 86/ 557 / EEC (' );
                                                                 Spain
                                                                 France                                   1 604
                                                                                                               3
                                                                                                                    1 354
                                                                                                                          1
                                                                                                                               1 27?
                                                                 Ireland                                       0         0         0
                                                                 Italy                                      106       309          0
Whereas the said Agreement provides in particular for            Portugal                                      0         0         0
                                                                 United Kingdom                             354        161
                                                                                                                                 124
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                                                  2 107     1 834      1 430
tariff quota in question should be opened for the period
1 January to 31 December 198 91
                                                                 Whereas, during the years under consideration, the
                                                                 products in question were imported only by certain
                                                                 Member States and there were no such imports into the
                                                                 other Member States ; whereas , under these circum ¬
                                                                 stances , 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 Common
                                                                 Customs Tariff to be ensured ;
                                                                 Whereas, in view of these factors, the initial percentage
                                                                 shares in the quota volume can be set approximately as
                                                                 follows :
Whereas equal and uninterrupted access to the quota
 should be ensured for all importers and the rate of levy                   Benelux                          0,40
 for the tariff quota should be applied consistently to all                 Denmark                          0,34
 imports until the quota is exhausted ; whereas, in the                     Germany                          0,86
 light of the principles outlined above, a Community tariff                 France                         78,77
                                                                            Italy                            7,73
 arrangement based on an allocation between the                                                            11,90
 Member States will preserve the Community nature of                        United Kingdom
 the quota ; whereas, to match as closely as possible the
 actual development of the market in the said products,          Whereas, to accommodate any changes in imports for
 the allocation should follow proportionately the                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
 O OJ No L 328 , 22. 11 . 1986 , p. 76 .                         any subsequent requirements of Member States which
                                                                                                                             V
 ---pagebreak---    have used up their initial .diare ; whereas to afford                         initial share remains unused , it is essential that the
   importers some degree .^"certainty, the first instalment                      Member State concerned return a significant proportion
   of the tariff quota should be fixed at a high level, which                    thereof to the reserve, in order to prevent a pan of the
   in this case could be 54 % of the quota ;                                     Community tariff quota from remaining unused in one
                                                                                 Member State while it could be used in others ;
  Whereas initial shares may be used up at different rates ;
  whereas, to avoid disruption of supplies on this account,                     Whereas, since the Kingdom of Belgium , the Kingdom
  it should be provided that any Member State which has                         of the Netherlands and the Grand Duchy of
  almost used up its initial share should draw an additional                    Luxembourg are united within and jointly represented by
  share from the reserve ; whereas, each time its additional                    the Benelux Economic Union, any measure concerning
  share is almost used up, a Member State should draw a                         the administration of the shares allocated to that
  further share and so on as many times as the reserve                          economic union may be carried out by any one of its
  allows ; whereas the initial and additional shares should                     members ,
 be valid until the end of the quota period ; whereas this
 form of administration requires close collaboration                            HAS ADOPTED THIS REGULATION :
 between the Member States and the Commission and the
 Commission must be in a position to keep account of the                                                   Article 1
 extent to which the quotas have been used up and to
 inform the Member States accordingly;                                          1.     From 1 January to 31 December 198ft the customs
                                                                                duty on imports of the following products, originating in
 Whereas, if at a given time in the course of the quota                         Norway, shall be suspended at the level and within the
 period any substantial quantity of a Member State’s                            limit of the Community tariff quota shown herewith :
      Order No        CN code                                      Description                           Quota volume         Rate of duty
                                                                                                            ( tonnes)             < %)
      09.0711                              Prepared or preserved fish , including caviar and
                                           caviar substitutes prepared from fish eggs :
                   ex 1604 13 90           Other :
                                           – Sardinella, brisling or sprats , not including fillets,
                                               raw, merely coated with batter or breadcrumbs,
                                               whether or not pre-fried in oil, deep-frozen                    400                  10
                   ex 1604 15 90           Mackerel of the species Scomber australasicus, not
                                           including fillets , raw, merely coated with batter or
                                           breadcrumbs , whether or not pre-fried in oil, deep
                                           frozen
                   ex 1604 19 99           Other, not including smoked saithe
                   ex 1604 20 90           Fish other than herring and smoked saithe
Under this tariff quota, the Kingdom of Spain and the                          cooperation , annexed to the Agreement between the
Portuguese Republic shall charge duties of 1 1 ,9 % and                        European Economic Community and the Kingdom of
 20 % respectively.                                                            Norway, shall be applicable.
                                                                                                          Article 2
2 . Imports of the products in question shall not
qualify for the tariff quota referred to in paragraph 1                         1.     The tariff quota laid down in Article 1 ( 1 ) shall be
                                                                               divided into two instalments .
unless the free-at-frontier-price, which 's determined by
the Member States according to Article 21 of Council
Regulation (EEC) No 3796/ 81 of 29 December 1981 on                            2 . A first instalment of this quota shall be allocated
the common organization of the market in fishery                               among certain Member States . The respective shares ,
products ( '), as last amended by Regulation (EEC) No                          which , subject to Article 5 , shall be valid until 31
2315/ 86 (*), is at least equal to the reference price where                   December 198ft shall be as follows :
such a price has been fixed by the Community for the                                                                   (in tonnes)
product or categories of products under consideration .                                    Benelux                          1
                                                                                           Denmark                          1
                                                                                           Germany
                                                                                           France
                                                                                                                        17§
3.      The Protocol on the definition of the concept of                                                                  17
originating products and on methods of administrative                                      Italy
                                                                                          United Kingdom                  25
( ' ) OJ No L 379, 31 . 12 . 1981 , p. 1 .                                     3.      The second instalment of the     quota, being       34
(’) OJ No L 202 , 25 . 7 . 1986 , p. 1 .                                       tonnes , shall constitute the reserve .
 ---pagebreak---  4.     If an importer notifies the imminent import of the        September 1989 and charged against the Community
 products in question into a Member State which does              quota and of any portion of their initial shares returned
 not participate in the initial allocation and requests the       to the reserve .
 benefit of the quota, the Member State concerned shall
 inform the Commission and draw an amount corre¬
 sponding to these requirements to the extent that the                                     Article 6
 available balance of the reserve so permits.
                                                                  The Commission shall keep an account of the shares
                                                                  opened by the Member States pursuant to Articles 2 and
                          Article 3                               3 and shall, as soon as the information reaches it, inform
                                                                  each State of the extent to which the reserve has been
 1.    If a Member State has used 90 % or more of its             used up.
initial share as fixed in Article 2 (2), or of that share
minus any proportion returned to the reserve pursuant             It shall, not later than 5 October 198 9 inform the
to Article 5, it shall forthwith, by notifying the                Member States of the amount still in reserve, following
Commission , draw a second share , to the extent that the
reserve so permits, equal to 10 % of its initial share,
                                                                  any return of shares pursuant to Article 5.
rounded up as necessary to the next whole number.
                                                                  It shall ensure that the drawing which exhausts the
                                                                 reserve does not exceed the balance available, and to this
2 . If a Member State, after exhausting its initial share,       end shall notify the amount of that balance to the
has used 90 % or more of the second share drawn by it,            Member State making the last drawing.
that Member State shall forthwith, in the manner and to
the extent provided in paragraph 1 , draw a third share
equal to 5 % of its initial share, rounded up as necessary                                 Article 7
to the whole number.
                                                                  1 . The Member States shall take all appropriate
                                                                 measures to ensure that additional shares drawn pursuant
3.     If a Member State, after exhausting its second            to Article 3 are opened in such a way that imports may
share , has used 90 % or more of the third share drawn           be charged without interruption against their cumulative
by it, that Member State shall, in the manner and to the         shares of the Community quota.
extent provided in paragraph 1 , draw a fourth share
equal to the third.
                                                                 2.    The Member State shall ensure that importers of
                                                                 the product in question have free access to the shares
                                                                 allocated to them .
This process shall apply until the reserve is used up.
                                                                 3 . The Member States shall charge imports of the
4 . By way of derogation from paragraphs 1 , 2 and 3,            product in question against their shares as and when the
a Member State may draw shares lower than those                  product is entered with the customs authorities for free
specified in those paragraphs if there are grounds for           circulation.
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.                      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 4
Additional shares drawn pursuant to Article 3 shall be                                     Article 8
valid until 31 December 198 9.
                                                                 At the request of the Commission, the Member States
                                                                 shall inform it of imports actually charged against their
                          Article 5                              shares .
Member States shall, not later than 1 October 1989,
return to the reserve such unused portion of their initial                                 Article 9
share as, on 15 September 1989, exceeds 20 % of the
initial volume. They may return a greater portion if there       Member States and the Commission shall cooperate
are grounds for believing that it may not be used in full.       closely to ensure that this Regulation is complied with.
Member States shall, not later than 1 October 1989                                        Article 10
notify the Commission of the total quantities of the
product in question imported up to and including 15              This Regulation shall enter into force on 1 January 198 9 .
            This Regulation shall be binding in its entirety and direcdy applicable in all Member
            States.
            Done at Brussels ,
                                                                               For the Council
                                                                                The President
 ---pagebreak---                                                                              c ^
V IOÎT: FIM/WCP';RR
1.        Ligne budgétaire concernée : Cnap . 1 2 art . 1 20
2.        Base juridique : art . 113 du traité
3.        Intitulé de la mesure tarifaire? : Proposition de rè 7 1 crient du
          Conseil portant ouverture , répartition et mode de gestion d' un
          contingent tarifaire ccmaunautaire pour certains produits de la
          pêche , originaires de Morvège
4.        ODjectif : Respecter les engaganents contractés par la Camunauté
          vis- à- vis de la Iforvège
5.        Mode de calcul :
          - Volume du contingent : 400 tonnes
          - Droit à appliquer : 10 ô
          - Droit du T.D.C.    :   20 %
6.        Perte de recettes   :
          Valeur d' une tonne : 2 252,4 écus
          Valeur totale : 900 960 écus
          Perte de recette ( 10 % ) : 90 096 écus
          Par rapport à 1983 : augmentation des pertes de 90 0% écus -
          85 340 écus = 4 256 écus .
                                                                             O
 ---pagebreak---                    FICHE D 1 1 MPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel de la
Coîimunauté . L' impact découlant de cette concession a été pris en considération
lors de la prise de décision d' adoption de ce contingent et il n' aura pas un
caractère sérieux sur la compétitivité et l' emploi dans la Communauté .