CELEX: 31990R3921
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3921/90 of 20 December 1990 opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1991)

31 . 12 . 90                              Official Journal of the European Communities                                        No L 376 / 1
                                                                         I
                                                (Acts whose publication is obligatory)
                                          COUNCIL REGULATION ( EEC ) No 3921 / 90
                                                          of 20 December 1990
                   opening and providing for the administration of autonomous Community tariff quotas for
                                                     certain fishery products ( 1991 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                      have been used up ; whereas the necessary measures should be
                                                                               taken to ensure efficient Community management of the
Having regard to the Treaty establishing the European                          tariff quotas, while allowing Member States to draw on the
Economic Community, and in particular Article 28                               quota volumes the necessary quantities which correspond to
thereof,                                                                       importations actually made; whereas this type of
                                                                               management requires close cooperation between the
                                                                               Member States and the Commission;
Having regard to the proposal from the Commission,
                                                                               Whereas, since the Kingdom of Belgium, the Kingdom of the
Whereas Community supplies of certain species of fish or fish                  Netherlands and the Grand Duchy of Luxembourg are united
fillets currently depend on imports from third countries;                      within, and jointly represented by , the Benelux Economic
whereas it is in the Community's interest to suspend partially                 Union , any operation relating to the administration of the
the customs duties for the products in question , within                       tariff quotas may be carried out by any of its members,
Community tariff quotas of an appropriate volume;
whereas, in order not to jeopardize the development
prospects of this production in the Community and to ensure
an adequate supply to satisfy user industries , it is advisable to
open these quotas for the period from 1 April to 31 December                   HAS ADOPTED THIS REGULATION:
1991 applying customs duties varied accordingly to
sensitivity of the different products on the Community
market;
                                                                                                         Article 1
Whereas it is necessary, in particular, to ensure for all
Community importers equal and uninterrupted access to the                      1.     From 1 April to 31 December 1991 , the customs duties
said quotas and to ensure the uninterrupted application of                     applicable on importation to products listed below shall be
the rates laid down for the quotas to all imports of the                       suspended at the levels and within the limits of the
products concerned into all Member States until the quotas                     Community tariff quotas indicated for each product:
                                                                                                                 Amount of
      Series        CN code                                                                                                    Quota duty
       No             (')                                         Description                                       quota         (%)
                                                                                                                 (in tonnes )
09.2753         ex 0302   50     Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish of
                ex 0302   69 35  the genus Boreogadus saida, excluding, livers, roes, presented fresh ,
                ex 0303   60     chilled or frozen , for processing ( a ) (b )                                     40 000         3,7
                ex 0303   79 41
09.2755         ex 0302 63 00    Coalfish (Pollachius virens), excluding livers, roes, presented fresh ,
                ex 0303 73 00    chilled or frozen , for processing (a) (b )                                       15 000         3,7
09.2757         ex 0302 62 00    Haddock (Melanogrammus aeglefinus), excluding livers, roes ,
                ex 0303 72 00    presented fresh , chilled or frozen, for processing ( a ) ( b)                     8 000         3,7
09.2765            0305 62 00    Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the
                   0305 69 10    species Boreogadus saida, salted or in brine , but not dried or smoked            55 000         7
 ---pagebreak--- No L 376 / 2                                              Official Journal of the European Communities                                                  31 . 12 . 90
                                                                                                                                     Amount of
         Series             CN code                                                                                                                    Quota duty
          .No                   (')                                               Description                                           quota
                                                                                                                                                           (% )
                                                                                                                                     (in tonnes)
09.2767                    0305 51 10          Cod (Gadus morhua, Gadus orgac, Gadus macrocephalus) and fish of
                           0305 59 11          the species Boreogadus saida, dried , unsalted, not smoked                                  600            10
09.2769                    0305 30 11          Fish fillets , dried , whether or not salted , of cod (Gadus morhua, Gadus
                           0305 30 19          ogac, Gadus macrocephalus) and of fish of the species Boreogadus
                                               saida                                                                                    1 200             11
09.2771                 ex 0305 30 90          Fillets of coalfish (Pollachius virens), salted , for processing ( a ) ( b)              3 500             10
09.2773                 ex 0306 13 10          Shrimps and prawns of the species Pandalus borealis, in shell , fresh ,
                        ex 0306 23 10          chilled or frozen , for processing ( a) (b)                                              5 000               6
09.278 ?                ex 0302 21 10          Lesser or Greenland halibut (Reinhardtius hippoglossoides), fresh ,
                       ex 0303 31 10           chilled or frozen , for processing (aj (b)                                               5 000               4
(') See Taric codes in the Annex .
( a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.
( b) The quota shall apply to products intended to undergo any operation unless they are intended to undergo exclusively one or more of the following
      operations:
      —    cleaning, gutting, tailing, heading,
      —    cutting (excluding filleting or cutting of frozen blocks),
      —    sampling, sorting,
      —    labelling,
      —    packing,
      —    chilling,
      —    freezing,
      —    deep freezing,
      —    thawing, separation.
      The quota is not allowed for products intended, in addition to undergo treatment (or operations) qualifying for the quota where such treatment (or operations) is
      ( are ) carried out at retail or catering level . The reduction of customs duties shall apply only to fish intended for human consumption .
2.         Within the limits of these tariff quotas, the Kingdom of                         benefit for a product covered by this Regulation and if this
Spain and the Portuguese Republic shall apply customs duties                                entry for release is accepted by the customs authorities , the
calculated in accordance with the relevant provisions in the                                Member States concerned shall inform the Commission and
Act of Accesion .                                                                           draw an amount corresponding to its requirements from the
                                                                                            corresponding quota amount.
3.         Imports of the products in question shall not be
covered by the quotas referred to in paragraph 1 unless the
free-at-frontier price, which is determined by the Member                                   The drawing requests, with indication of the date of
States in accordance with Article 21 of Regulation (EEC) No                                 acceptance of the said entries , must be transmitted to the
3796 / 810 ), as last amended by Regulation (EEC ) No                                       Commission without delay .
3468 / 88 (2 ), is at least equal to the reference price fixed , or
to be fixed, by the Community for the products under
consideration of the categories of the products concerned.
                                                                                            The drawings are granted by the Commission by reference to
                                                                                            the date of acceptance of the entries for release for free
                                       Article 2                                            circulation by the customs authorities of the Member States
                                                                                            concerned to the extent that the available balance so
The tariff quotas referred to in Article 1 ^hall be managed                                 permits .
by the Commission , which may take all appropriate
administrative measures in order to ensure effective
administration thereof.
                                                                                            If a Member State does not use the quantities drawn , it shall
                                                                                            return them as soon as possible to the corresponding quota
                                       Article 3              /                             amount .
If an importer presents in a Member State an entry for release
for free circulation, including a request for preferential                                  If the quantities requested are greater than the available
I 1 ) OJ No L 379 , 31 . 12. 1981 , p. 1 .                                                  balance of the quota amount, allocation shall be made on a
m OT No L 305 . 10 . 11 . 1988 . D. 1 .                                                     pro rata basis with respect to the requests. Member States
 ---pagebreak--- 31 . 12 . 90                             Official Journal of the European Communities                                No L 376 / 3
shall be informed by the Commission of the drawings                                              Article 5
made.                                                    v
                                                                      The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
                          Article 4
Each Member State shall ensure that importers of the
products concerned have equal and uninterrupted access to                                        Article 6
the quotas for such time as the residual balance of the quota
volumes so permits.                                                   This Regulation shall enter into force on 1 April 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 20 December 1990 .
                                                                                              For the Council
                                                                                               The President
                                                                                               P. BUKMAN
                                                              ANNEX
                                         Series No            CN code              Taric code
                                         09.2753           ex 0302 50 10             * 10
                                  \                        ex 0302 50 90             » 11
                                                           ex 0302 50 90             » 91
                                                           ex 0302 69 35             * 10
                                  l                        ex 0303 60 11             * 10
                                  \                        ex 0303 60 19             * 10
                                                           ex 0303 60 90             * 10
                                                           ex 0303 79 41             » 10
                                        09.2755            ex 0302 63 00             * 10
                                                           ex 0303 73 00             * 10
                                         09.2757           ex 0302 62 00             * 10
                                                           ex 0303 72 00             * 10
                                        09.2769            ex 0305 3011              * 10
                                  l                        ex 0305 30 19             * 10
                                        09.2771            ex 0305 30 90             * 13
                                        09.2773            ex 0306 13 10             * 10
                                                           ex 0306 23 10             * 11
                                  \                        ex 0306 23 10             » 91
                                        09.2789            ex 0302 21 10             * 10
                                  I                        ex 0302 31 10             * 10