CELEX: 51990PC0444
Language: en
Date: 1990-09-27
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR COD AND FISH OF THE SPECIES BOREOGADUS SAIDA, DRIED, SALTED OR IN BRINE, ORIGINATING IN NORWAY ( 1991 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(90)444   final
                                              Brussels, 21 September 1990
                               Proposal for a
                        COUNCIL REGULATION (EEC)
    opening and providing for the administration of Community tariff quotas for
    cod and fish of the species Boreogadus saida, dried, salted or in brine,
                           originating in Norway    (1991)
                     (presented by the Commission)
 ---pagebreak---                                Explanatory Memorandum
1. The Agreements in the form of exchanges of letters between the European
    Economic  Community    and   Norway   concerning   agriculture   and  fisheries,
   approved   by   the   Council    Decision   of  15 September 1986,    provide    in
   particular for    the annual opening,      on a date to be arranged by common
   accord,   of Community tariff quotas for the following products originating
   in Norway, for which the volumes and duties applicable are given below:
| Common Customs I                 D e s c r i p t i o n j         Quota  | Rate of I
| Tariff heading |                                             I volume |      duty |
I        No        |                                           I (tonnes) |          |
j 03.02            j Fish, dried, salted or in brine;          |          j          j
|                  | smoked fish, whether or not cooked        |          |           |
I                  | before or during the smoking process:     |          |          |
|                  | A. Dried, salted or in brine:             |          |          j
|                  |     I. Whole, headless or in pieces:      |          |           j
|                  |        b) Cod (Gadus morhua,              |          |           |
|                  |            Boreogadusssaida, Gadus        |          j           j
I                  I           ogac):                                 I      I       I
I                  I           -Dried, unsalted                j 3 900    |      OX  |
j                  |           -Dried, salted                  j 13 250   |      OX  |
j                  |           -Wet salted, or in brine        j 10 000   |      OX  j
    The quota of 3 900 tonnes forseen for cod, dried and not salted is opened,
    at the request of the Norwegian authorities, starting on 1 January 1991.
    The current proposal forsees, therefore the coming into application of the other
    quotas for the period 1 April to 31 December 1991 taking into account the
    entry into force of the Combined Nomenclature which replaces that of the
    Common Customs Tariff.
     In order to respect the ruling of the Court of Justice of 27 September 1988
   in case 51/87 the Commission proposes not to allocate the tariff quota volumes
   among the Member States but to allow the latter to draw against the said volumes
   quantities corresponding to       real needs that have been reported,    as is
   the usual practice in similar cases.        In addition, this procedure is more
   in keeping with the Community nature of these tariff quotas.
   1
       0J No L 328, 22.11.1986, p . 7 6 .
                                                                                        <L
 ---pagebreak---                                                                    Proposal for
                                          COUNCIL REGULATION (EEC) N o                                 .../90
                                                             of
                     opening and providing for the administration of Community tariff quotas for
                     cod and fish of the species Boreogadus                           saida, dried, salted or in brine,
                                                       originating in Norway                  (1991)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                         tently to all imports of the products in question into all
                                                                                  the Member States until the quotas are exhausted ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113                                Whereas, the necessary measures should be taken to
 thereof,                                                                         ensure that these tariff quotas are administered efficiently
 Having regard to the Act of Accession of Spain and                               and on a Community basis, so that Member States have
                                                                                  the option of drawing the necessary quantities corres-
 Portugal,
                                                                                  ponding to actual imports recorded, from the quota
 Having regard to the proposal from the Commission,                               volumes ; whereas, this method of administration calls for
Whereas an Agreement between the European Economic                                close cooperation between the Member States and the
 Community and the Kingdom of Norway was concluded                                Commission ;
on 14 May 1973 ; whereas, following the accession of the                          Whereas since the Kingdom of Belgium, the Kingdom of
 Kingdom of Spain and the Portuguese Republic to the                              the Netherlands and the Grand Duchy of Luxembourg
Community, an Agreement in the form of Exchanges of                               are united within and jointly represented by the Benelux
 Letters was concluded and approved by Decision                                   Economic Union, any operation concerning the adminis-
 86/557/EEC (') ;                                                                 tration of the quotas may by carried out by any one of its
Whereas the latter Agreement provides for the opening,                            members,
on a date to be fixed by common accord, of Community
tariff quotas at reduced or zero duty for cod and fish of                         HAS ADOPTED THIS REGULATION :
the species Boreogadus saida originating in Norway ;
whereas the tariff quotas in question should therefore be                                                      Article 1
opened for the period agreed from 1 April to 31
                                                                                  1.     From 1 April to 31 December 1991, the customs
 December 1991;
                                                                                  duties applicable to imports of the following products
Whereas equal and continuous access to the said quotas                            originating in Norway shall be suspended at the levels
should be ensured for all Community importers and the                             indicated and within the limits of Community tariff
rates laid down for the quotas should be applied consis-                          quotas as shown below :
                                                                                                                         Volume      Rak-
    Order No         CN code(')                                         Inscription                                     of quota   of ilutv
                                                                                                                         (tonnes)    (%)
                      0305          Fish, dried, salted or in brine ; s m o k e d fish, whether or not cooked
                                    before or d u r i n g the s m o k i n g process ; fish meal fit for h u m a n
                                    consumption :
                                     — Dried fish, whether or not salted but not s m o k e d :
                      0 3 0 5 51     — — Cod (Gadus         morhua,      Gadus    ogac, Gadus        mairuupfuilus):
     09.0703      ex 0 3 0 5 51 90   — — — Dried, salted :
                                              — Excluding cod of the species Gadus                 luacrouphalus          I 3 250
                      0305 59             Other :
                                     — — — Fish of the species Boreogadus               saida :
                      0 3 0 5 59 19  — — — — Dried, salted
                                     — Fish, salted but not dried or s m o k e d and fish in brine
     09.0705       ex 0 3 0 5 62 00  — — Cod (Gadus         murium,      Gadus    »^ai,   Gadus  mamuvfihalus)     :
                                     — Excluding the species Gadus                mairuaphalus                            10 000
                      0 3 0 5 69          Other :
                      0 3 0 5 69 10  — — — Fish of the species /iono^adus                saida
(*) See Taric codes in the Annex hereto.
(') O J N o L 328, 22. I I . 1986, p. 76.
                                                                                                                                               I
 ---pagebreak---  Within the limits of the above tariff quotas the Kingdom        inform the Commission and draw an amount corre-
 of Spain and the Portuguese Republic shall apply duties         sponding to its requirements from the quota volume.
 of 1,7 and 0 % respectively.
                                                                 The drawing requests, with indication of the date of
                                                                 acceptance of the said declarations, must be transmitted
 2.    Where the Community has fixed a reference price
                                                                 to the Commission without delay.
 for the products or categories of products concerned,
 imports of those products shall benefit from the quotas         The drawings shall be granted by the Commission by
 referred to in paragraph 1 only if the free-at-frontier price   reference to the date of acceptance of the declarations of
 determined by the Member States in accordance with              entry into free circulation by the customs authorities of
 Article 21 of Regulation (EEC) No 3796/81 ('), as last          the Member States concerned to the extent that the
 amended by Regulation (EEC) No 2886/89 (2), is at least         available balance so permits.
 equal to the reference price.
                                                                 If a Member State does not use the quantities drawn, it
 3.    The Protocol concerning the definition of the             shall return them as soon as possible to the corresponding
 concept of 'originating products' and methods of adminis-       quota amount.
 trative cooperation annexed to the Agreement between            If the quantities requested are greater than the available
 the European Economic Community and the Kingdom of              balance of the quota amount, allocation shall be made on
 Norway shall apply.
                                                                 a pro rata basis with respect to the requests. Member
                                                                 States shall be informed thereof by the Commission.
                           Article 2
                                                                                           Article 4
The tariff quota referred to in Article 1 shall be managed       Each Member State shall ensure importers of the products
 by the Commission, which may take all appropriate               concerned equal and continuous access to the quotas for
 administrative measures in order to ensure effective            such time as the residual balance of the quota volumes so
 administration thereof.                                         permits.
                                                                                           Article 5
                           Article 3
                                                                 The Member States and the Commission shall cooperate
 If an importer presents in a Member State a declaration of      closely to ensure that this Regulation is complied with.
 entry into free circulation, including a request for benefit
 under the preferential system for a product covered by                                    Article 6
 this Regulation and if this declaration is accepted by the
 customs authorities, the Member States concerned shall          This Regulation shall enter into force on 1 April <j^ç/|
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                             For the Council
                                                                               The President
(') OJ No L 379, 31. 12. 1981. p. I.
(') Oj No L 282, 2.10.1989, p. 1
                                                                                                                            4
 ---pagebreak---             ANNfîX
         T a r i e codes
Order No    CN code        Tarie codes
09.0703  ex 0305 51 90   0305 51 90 ' 11
                                     ' 19
                                     '20
09.0705  ex 0305 62 00   030 5 62 00 ' I I
                                     ' 19
                                     '21
                                     "29
                                     •31
                                     '39
                                           r
 ---pagebreak---      FICHE FINANCIERE
     1.       Ligne budgétaire concernée, : Chap. 12 art. 120
     2.       Base juridique : art. 113 du traité
     3.       Intitulé de la mesure tarifaire. : Proposition de règlement
              du Conseil portant ouverture et mode de gestion de
              contingents tarifaires communautaires pour des morues et
              des poissons de l'espèce Boreogadus saida, originaires de
              Norvège.
     4.       Objectif       : Respecter l e s engagements contractés p a r l a
                                Communauté vis-à-vis d e l a N o r v è g e .
     5.
  oodes da la N.C. :          ex 0305 51 90 ex 0305 62 00
  volumes des contingents :      0305 59 19      0305 09 10
  (en tomes)
  droit â appliquer :          0%              0%
  droit normal :              13%             13 % '
- valeur d'une terne :             4 576 écus         3 594 ecus
- valeur totale :             60 632 000 écus    35 940 000 écus
- Perte de recette :           7 882 160 écus     4 672 200 écus
              Perte totale                12.554.360 écus
Par rapport à 1990, augrentatlon des pertes de 12.554.360 écus
11.085.705 écus - 668.655 écus.
 ---pagebreak---          FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec des engagements
contractuels de la Communauté. L'impact découlant de ces
concessions a été pris en considération lors de la prise de
décision d'adoption de ces contingents et il n'aura pas un
caractère sérieux sur la compétitivité et l'emploi dans la
Communauté.
 ---pagebreak---  ---pagebreak---                                                                              ISSN 0254-1475
                                                              COM(90) 444 final
                                                     DOCUMENTS
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