CELEX: 51996PC0119
Language: en
Date: 1996-03-25
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1996)

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               COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                    Brussels, 25.03.1996
                                                    COM(%) 119 final
                                   Proposal tor a
                        COUNCIL REGULATION (EC)
                opening and providing for the administration of autonomous
                Community tariff quotas for certain fishery products (1996)
                         (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
As part of the annual overall review within the Council concerning the granting of autonomous
preferences for fishery products, the Commission has drawn up a report on the markets and
supply needs of user industries for 1996.
Having regard to the requirements of the internal and external policies of the Community, the
Commission is proposing a certain number of tariff measures, notably tariff quotas, to ensure
continuation of Community production in accordance with the rules and obligations of the
common organisation of the markets, and to ensure supply of the processing industries while also
taking into account the current and foreseeable situation on the international market.
In these conditions, the tariff quotas for the products specified arc for products which meet the
conditions laid down as regards the reference prices fixed, or to be fixed, and which are intended
for processing.
Furthermore, according to this proposal, these tariff measures should be opened from 1 April
 1996 for a period extending to 31 December 1996 in order to allow planning of supply to the
industry without destabilizing the revenue of Community producers.
This is the purpose of the attached proposal.
 ---pagebreak---                                                Proposal for
                              COUNCIL REGULATION (EC) No               /96
                                                   of
                      opening and providing for the administration of autonomous
                      Community tariff quotas for certainfisheryproducts (1996)
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community, and in particular Article 28,
thereof,
Having regard to the proposal from the Commission,
Whereas Community supplies of certain species offish or fish fillets currently depend on imports
from third countries; whereas it is in the Community's interest to suspend in part or in whole the
customs duties for the products in question, within 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
those quotas for the period from 1 April 1996 until 31 December 1996, applying customs duties
varied accordingly to sensitivity of the different products on the Community market;
Whereas it is necessary, in particular, to ensure for all Community importers equal and
uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates
laid down for the quotas to all imports of the products concerned into all Member States until the
quotas have been used up;
Whereas the decision for the opening of autonomous tariff quotas should be taken by the
Community; whereas, to ensure the efficiency of a common administration of these quotas, there
is no reasonable obstacle to authorising the Member States to draw from the quota-volumes the
necessary quantities corresponding to actual imports; whereas, however, this method of
administration requires close cooperation between the Member States and the Commission and
the latter must in particular be able to monitor the rate at which the quotas are used up and
inform the Member States accordingly;
HAS ADOPTED THIS REGULATION:
                                                Article 1
 1.      From 1 April 1996 until 31 December 1996, the customs duties applicable on
         importation to products listed in the Annex shall be suspended at the levels and within the
          limits of the Community tariff quota indicated for each product.
2.        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 States
          in accordance with Article 22 of Regulation (EEC) No 3759/92 of 17 December 1972 on
          the common organisation of the market infisheryand aquaculture products1, as last
          amended by Council Regulation (EC) No 3318/942, 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.
 1
     OJNoL 388, 31.12.1992, p. 1.
 2
     OJNoL350, 31.12.94, p. 15.
                                                     3»
 ---pagebreak---                                                Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take
all appropriate administrative measures in order to ensure effective administration thereof.
                                               Article 3
If an importer presents in a Member State an entry for release for free circulation, including a
request for preferential benefit for a product covered by this Regulation and if this entry for
release is accepted by the customs authorities, the Member States concerned shall inform the
Commission and draw an amount corresponding to its requirements from the corresponding quota
amount.
The drawing request, with indication of the date of acceptance of the said entries, must be
transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the entries
for release for free circulation by the customs authorities of the Member States concerned to the
extent that the available balance so permits.
If a Member State does not use the quantities drawn it shall return them as soon as possible to the
corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation
shall be made on a. pro rata basis with respect to the requests. Member States shall be informed
by the Commission of the drawings made.
                                               Article 4
Each Member State shall ensure that importers of the products concerned have equal and
uninterrupted access to the quotas for such time as the residual balance of the quota volumes so
permits.
                                              Articles 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is
complied with.
                                               Article 6
This Regulation shall enter into force on the third day following that of its publication in the
 Official Journal of the European Communities.
 This Regulation shall beJjinding in its entirety and directly applicable in all Member States.
 Done at Brussels
                                                            For the Council
                                                            The President
 ---pagebreak---                                                              ANNEX
 Scries                         TARIC                                                                         Amount of   Quota
Number        CN code             Sub                            Description of goods                             quota    duty
                                division                                                                        (in tons)  (%)
09.2753    ex 0302 50 10          20        Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus),
           ex0302 50 90            11       and fish of the genus Boreogadus saida, excluding, livers,           50 000     3
                                  91        roes, presented fresh, chilled or frozen, for processing
           ex 0302 69 35           10       (a)(b)
           ex 0303 60 11          10
           ex 0303 60 19           10
           ex 0303 60 90           10
           ex 0303 79 41           10
09.2765      0305 62 00                     Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus),
             0305 69 10                     and fish of the species Boreogadus saida, salted or in                9 000     3
                                            brine, but not dried or smoked
09.2773    ex 0306 13 10           10       Shrimps and prawns of the species Pandalus borealis, in
           ex 0306 23 10          11        shell, fresh, chilled or frozen, for processing (a)(b)                6 000     0
                                  91
09.2758    ex 0302 70 00          20        Cod livers (Gadus morhua, Gadus ogac, Gadus
                                            macrocephalus), and fish liver of the genus Boreogadus                 400      0
                                            saida, for processing (a)(b)
09.2779    ex 0304 90 05           10       Surimi, frozen, for processing (a)(b)
                                                                                                                  3 500     6
09.2780    ex 0304 20 91          10        Blue grenadier fillets (Macrouronus novaezelandiae), and
           ex 0304 90 97          60        other frozen meat of blue grenadier for processing (a)(b)             2 500     6
09.2757    ex 0302 62 00           10       Haddock (Melanogrammus aeglefinus) fresh, chilled or
           ex 0303 72 00           10       frozen for processing (a)(b)                                           500      3
09.2785    ex 0307 49 59           10       Tubes of squid (Omnastrephes spp.-Nototodarus spp.,
                                            Sepioteuthis spp.), and lllex spp., frozen , for processing           3 500     4
           ex 0307 99 11           10       (a)(b)
09.2786    ex 0307 49 59          20        Squid (Omnastrephes spp.-Nototodarus spp., Sepioteuthis
                                            spp.) and lllex spp., frozen whole, tentacles and fins, for            500      4
           ex 0307 99 11          20        processing (aXb)
09.2787    ex 0302 22 00          20        Plaice (Pleuronectes platessa), fresh, chilled or frozen, for         3 000     3
           ex 0303 32 00          20        processing (a)(b)
      (a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.
      (b) This quota is available for products intended to undergo any operation, unless it is solely for 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.
          However the quota is not available for products intended, in addition to undergo treatment (or operations)
          which giver quota entirlement, 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.
 ---pagebreak--- FINANCIAL RECORD
       Budget line concerned : Chap. 12 Art. 120
       Legal basis : Art. 28 of the Treaty
       Title of the tariff measure concerned : Proposal for Council Regulation opening and
       providing for the administration of Community tariff quotas, for certain fishery products
       (1996)
4.     Objective : To ensure an adequate supply for Community user industries
5.     Method of calculation:
     Order       CN rate of        Rate of      Estimated    Volume of         Foreseen       Loss of revenue
    number          duty            duty          price      quota             revenue            (ECU)
                    (%)             (%)          ECU/T       (ECU/T)
    09.2753          12              3            1270           50 000        1 905 000        5 715 000
    09.2757         10.5             3            1310             500             19 650         49 125
    09.2758          12              0            1588             400                            76 224
    09.2765          13               3           3 048            9 000         822 960        2 743 200
    09.2773          12              0            3 099            6 000                        2 231280
    09.2779          15              6            1829             3 500         392 490         576 135
    09.2780        14,25             6            2 074            2 500         311 100         427 763
    09.2785           8               4           1475            3 500                          206 500
    09.2786           8               4           1475             500                            29 500
    09.2787         10.5              3           1480           3 000                           333 000
                                                    Total foreseen revenue: 3 820 400
                                                    Total loss: 12 387 727
        On the basis of the available Community statistics for 1994, the cost of this tariff-
       measure available for 1993 is estimated at 12 387 727 ECU.
        Fight against fraud: Provisions on the management of these tariff quotas include the
        measures necessary for preventing frauds and irregularities and protecting against them.
                                                   6
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(96) 119 final
                                               DOCUMENTS
EN                                                                        02 03
                                     Catalogue number : CB-CO-96-129-EN-C
                                                              ISBN 92-78-01809-0
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