CELEX: 51992PC0561
Language: en
Date: 1992-12-16
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     f i n a l
                                        C0MC92) 561
                                        Brussels, 16 December 1992
                           Proposal for a
                     COUNCIL REGULATION (EEC)
   opening and providing for the administration of Community
      tariff quotas for oertaln agricultural and fishery
              products originating in certain EFTA
                             countries
                   (presented by the Commission)
 ---pagebreak---                                K
                      EXPLANATORY MEMORANDUM
1.    Certain agreements concluded between the European Economic
      Community on the one hand and Norway, Austria, Switzerland
      and Sweden on the other, approved by Council Decisions
      86/555/EEC, 86/557/EEC, 86/558/EEC and 86/559/EECt1),
      provide for the opening by the Community of certain annual
      Community tariff quotas laying down specific volumes and
      customs duties for certain agricultural and fishery
      products.
2.    The aim of the attached proposal is the application of
      these tariff quotas for 1993.
3.    As in the case of other Community tariff quotas, the
      proposal does not provide for the allocation among the
      Member States of the quota volumes byt enables the Member
      States to draw from the quota volumes the quantities
      required to oover the aotual imports recorded.
(1) OJ No L 328 of 22.11.1986, pp. 58,77,90 and 99
 ---pagebreak---                                                                              3
                                                                    Proposal for a
                                                                                                                 192
                                                C O U N C I L REGULATION (EEC) N o
                                                                of
                          opening and providing for the administration of C o m m u n i t y tariff quotas for
                            certain agricultural and fishery products originating in certain EFTA countries
       THE COUNCIL OF THE EUROPEAN COMMUNITIES,
       Having regard to the Treaty establishing the European Whereas the decision f o r the opening, i n the execution of
       Economic Community, and in particular Article 113
                                                                              i t s i n t e r n a t i o n a l o b l i g a t i o n s , of t a r i f f
       thereof,
                                                                              quotas should be taken by the Community; whereas, t o
                                                                              ensure the e f f i c i e n c y of a common a d m i n i s t r a t i o n of these
       Having regard to the proposal from the Commission,
                                                                              quotas, there i s no reasonable obstacle t o a u t h o r i s i n g
                                                                              the Member States t o draw from the quota-voltmes the
       Whereas, in agreements concluded between the Commu-
                                                                              necessary q u a n t i t i e s corresponding t o a c t u a l imports;
       nity and certain EFTA countries and approved by Deci-
       sions 86/555/EEC, 86/557/EEC, 86/558/EEC and whereas t h i s method of a d m i n i s t r a t i o n requires close
       86/S59/EEC ('), the Community undertook to open each cooperation between the Member States and the Ccrrmission
       year, subject to certain conditions, Community tariff and the l a t t e r must i n p a r t i c u l a r be able t o monitor the
       quotas at a reduced or zero rate of duty for a number of rate at which the quotas are used up and inform the
       agricultural and fishery products originating in those Member States a c c o r d i n g l y ;
       countries ; whereas those tariff quotas should be opened
       for 1993, and, where necessary, the conditions of eligibi-
       lity laid down should be specified ;                                   Whereas since the Kingdom of Belgium, the Kingdom of
                                                                              the Netherlands and the Grand Duchy of Luxembourg
                                                                             iare united within, and jointly represented by, the Benelux
       Whereas all Community importers should be ensured
                                                                             jEconomic Union, any operation concerning the adminis-
       equal and continuous access to the said quotas and the
                                                                             tration of these quotas may be carried out by any one of
       duty rates laid down for the quota should be applied
                                                                             (its members,
       consistently to all imports of the product in question into
       all Member States until the quotas are exhausted ;                    (HAS ADOPTED THIS REGULATION :
                                                                                                                 Article        1
                                                                              1.    From 1 January to 31 December 1993 the customs
                                                                              duties applicable to imports of the products listed below
                                                                              shall be suspended at the levels indicated below and
                                                                              within the limits of the Community tariff quotas as
                                                                              shown below :
(a) The following products, originating in Sweden
                                                                                                                             Amount           Quota duty
        Order No        CN code                                    Description                                              of quota
                           0                                                                                              (in tonnes)               (%)
                         0302         Fish, fresh or chilled, excluding fish fillets and other fish meat
                                      falling within CN code 0304 :
                                       — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)
                                          excluding livers and roes :
      09.0601            0302 50 10    — — Of the species Gadus morhua                                                 I      3 500
                                       — Other fish, excluding livers and roes :
                         0302 62 00    — — Haddock (Melanogrammus aeglefinus)
                         0302 63 00    — — Coalfish (Pollachius virens)
                         0304         Fish fillets and other fish meat (whether or not minced), fresh,
                                      chilled or frozen :
                         0304 10       — Fresh or chilled :
                                             Fillets :
      09.0603                                   Other :                                                                >       1 500
                     ex 0304 10 31     — — — — Of cod (Gadus morhua, Gadus ogac, Gadus
                                                     macrocephalus) and of fish of the species Bore-
                                                     ogadus saida:
                                                     — Of the species Gadus morhua
    (*) See Taric codes in the Annex.
(') OJ No L 328, 22. 11. 1986, pp. 58, 77, 90 and 99.
 ---pagebreak---                                                                        i
                                                                                                                Amount    Quota duty
                       CN code                                     Description                                  of quota
      Order No                                                                                                               (%)
                          0                                                                                   (in tonnes)
                                                                                                          \
    09.0605 I
               f        1604          Prepared or preserved fish; caviar and caviar substitutes
                                      prepared from fish eggs :
                                       — Fish, whole or in pieces, but not minced :                               250        0
                        1604 12        — — Herrings:
               [        1604 12 90              Other:                                                    J
                 t      1604 13        — — Sardines, sardinella and brisling or sprats :                   \
                        1604 13 90              Other
                        1604 19              Other:
    09.0607                                     Other:                                                             200       0
                        1604 19 99                  Other
                        1604 20        — Other prepared or preserved fish :
                 i      1604 20 90           Of other fish                                                 t
                        1604 30        — Caviar and caviar substitutes :
     09.0609    |                                                                                           \        60       0
                        1604 30 90     — — Caviar substitutes
                 '      1605          Crustaceans, molluscs and other aquatic invertebrates, prepared      '
                                      or preserved:
     09.0611 <      ex 1605 20 00      — Shrimps and prawns :                                                      120        7,5
                                          — Shelled, whether or not frozen, excluding shrimps and
                 i
                                             prawns ^of the Crangon variety                               *
   (*) See Taric codes in the Annex.
(b) The following products, originating in Norway :
                       CN code                                                                                  Amount
       Order No                                                    Description                                  of quota  Quota duty
                          0                                                                                   (in tonnes)    (%)
     09.0701        ex 1504 20 10     Oils and fats of marine animals, other than whale oil and                   1000         8,5
                    ex 1504 30 19     sperm oil, in packings of a net capacity of more than 1 kg
                    ex 151610 90
                        0305          Fish, dried, salted or in brine ; smoked fish, whether or not
                                      cooked before or during the smoking process ; fish meal fit for
                                      human consumption :
                                       — Dried fish, whether or not salted but not smoked :
                       0305 51               Cod (Gadus morhua, Gadus ogac, Gadus macroce-
                                             phalus):
    09.0707         ex 0305 51 10      — — — Dried, unsalted :
                                                 — Excluding of cod of the species Gadus macroce-
                                                    phalus                                                       3 900
                        0305 59              Other :
                                       — — — Fish of the species Boreogadus saida:
                       0305 59 11      — — — — Dried, unsalted
    09.0709            0305 30 19     Fillets of cod of the species Gadus morhua and Gadus ogac,                 3 000
                                      and fish fillets of the species Boreogadus saida, dried, salted or
                                      in brine
    09.0711                           Prepared or preserved fish, including caviar and caviar substi-
                                      tutes prepared from fish eggs :
                    ex 160413 90     Other:
                                      — Sardinella, brisling or sprats, not including fillets, raw,
                                         merely coated with batter or breadcrumbs, whether or not                   400      10
                                         pre-fried in oil, deep-frozen
                                                   other i
                      1604 19 92                    C o d C G a d g ^ ^ G a d i s ogac. Gads
                   ex1604 19 93                     Coalfibh (PoUachius virens), excluding
                                                    smoked coalfish
                      1604 19 94                      Hake (Merluccius spp., Urophycis spp.
                      1604 19 95                    Alaska pollack (Theragra chalcogranr
                                                    rna) and (PoUachius pollachius)
                      1604 19 98                      other
                   ex 1604 20 90     Fish other than herring and smoked saithe                          '
  0 See Taric codes in the Annex.
 ---pagebreak---                                                                         -£
  (c) The following products, originating in Austria :
                                                                                                              Amount        Quota duty
          Order No        CN code                               Description                                   of quota         (%)
                                                                                                               (in hi)
        09.0801         ex 2009 80 11   Concentrated pear juice                                                2 000       30 + AGR
                        ex 2009 80 19                                                                                        possibly
                                                                                                                            applicable
  (d) The following products, originating in Switzerland :
                          CN code                                                                             Amount        Quota duty
          Order No                                              Description                                   of quota
                              0                                                                             (in tonnes)        (%)
       09.0901             0809 20 40 Table cherries excluding Morello cherries                                 1 000           0
                       ex 0809 20 80
      (*) See Taric codes in the Annex.
                                                                           2886/89 (*), shall be at least equal to the reference price, if
                                                                           such a price has been fixed by the Community, for the
                                                                           products or categories of products in question.
                                                                          4 . The protocols on the definition of the concept of
                                                                           originating products and on methods of administrative
                                                                           cooperation, annexed to the Agreement between the
                                                                           European Economic Community on the one hand and
                                                                           the Kingdom of Sweden, the Kingdom of Norway, the
                                                                           Republic of Austria and the Swiss Confederation on the
                                                                           other, shall be applicable.
                                                                                                      Article 2
                                                                          The tariff quotas referred to in Article 1 shall be adminis-
                                                                           tered by the Commission, which may take any appro-
                                                                           priate administrative measure in order to ensure efficient
                                                                           administration.
                                                                                                      Article 3
                                                                           If an importer presents in a Member State a declaration of
                                                                          entry into free circulation including a request for prefe-
                                                                           rential benefit for a product covered by this Regulation,
                                                                           and if this declaration is accepted by the customs authori-
 2. Imports of the products listed in paragraph 1 which                    ties, the Member State concerned shall draw, from the
  already qualify for a lower or the same rate of customs                  quota volume by means of notification to the Commis-
  duty under other preferential tariff arrangements may not                sion, a quantity corresponding to those needs.
 be charged against the corresponding tariff quota.
                                                                          The requests for drawing, with the indication of the date
 3 . Imports of the products referred to in paragraph 1                    of acceptance of the said declarations, must be communi-
  under order Nos 09.0601 to 09.0611, 09.0707, 09.0709                    cated to the Commission without delay.
  and 09.0711 shall not qualify for the quota unless the
| free-at-frontier price, which is determined by the Member               The drawings are granted by the Commission on the basis
| States in accordance with Article 24 of Council Regula-                 of the date of acceptance of the declaration of entry into
  tion (EEC) N o S ô a W l of 28 rJovember 1991 on the                     free circulation by the customs authorities of the Member
  common organization of the market in fishery                             State concerned, to the extent that the available balance
 products ('), as last amended by Regulation (EEC) No                     so permits.
 (') OJ No L 354,23. 12.1991, P . l.                                      (2) OJ No L 282, 2. 10. 1989, p. 1.
 ---pagebreak--- If a Member State does not use the quantities drawn, it                                      Article 5
shall return them as soon as possible to the corresponding
quota volume.
                                                                  Member States and the Commission shall cooperate
If the quantities requested are greater than the available        closely in order to ensure that this Regulation is complied
balance of the quota volume, allocation shall be made on
                                                                  with.
a pro rata basis with respect to the requests. Member
States shall be informed thereof by the Commission.
                         Article 4
Each Member State shall guarantee importers of the                                           Article 6
products in question equal and continuous access to the
quotas as long as the balance of the corresponding quota
volume allows.                                                    This Regulation shall enter into force on 1 January 1993
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                               For the Council
                                                                                 The President
                                                          ANNEX
                                                         Taric codes
                                     ° N d o er        CN code                 Taric code
                                    09.0603         ex 0304 10 31           0304 10 31 * 10
                                    09.0611         ex 1605 20 00            1605 20 00*91
                                                                             1605 20 00*96
                                    09.0701         ex 1504 20 10            1504 20 10 * 90
                                                    ex 1504 30 19           1504 30 19* 10
                                                    ex 1516 10 90           1516 10 90*11
                                    09.0707         ex 0305 51 10           0305 51 10 * 10
                                                                            0305 51 10*20
                                    09.0711         ex 1604 13 90           1604 13  90*91
                                                                            1604 13  90*99
                                                    ex 1604 19 93           1604 19  93*90
                                                    ex 1604 20 90           1604 20  90*30
                                                                            1604 20  90*90
                                   09.0801           ex2C09 80 11           2009 80 11*40
                                                     ex2009 80 19           2009 80 19*10
                                    09.0901         ex 0809 20 40           0809 20 40 *10
                                                    ex 0809 20 80           0809 20 80 ' l1
                                                                            0809 2080*31
                                                                            0809 2080*81
 ---pagebreak---                                                    T
     FINANCIAL RECORD
     1.       Budget line conoerned               : Chap. 12 art. 120
     2.       Legal basis : art. 113
              Title of the tariff measure concerned : Proposal for a
              Council Regulation opening and providing for the
              administration of Community tariff quotas for certain
              agricultural and fishery products originating in certain
              BFTA countries.
              Objeotlve : Fulfilment of oontraotual obligations of the
              Community.
     5.       Duty-loss :
 Description of    Quant i t ies       Price    Normal duty Quota duty     Duty-loss
  the predicts                       Ecus/tonne   (in%)       (%)            (ecu)
Norway
1) Oils and fats
   of marine ani-   1 000T              539         17            8,5         45 815
   mals
2) Filets of cod    3000T             5 298         20            0        3 178 800
3) Prepared fish      400T            2 513         20          10           100 520
4) Dried cod        3900T            15 459         13            0        7 837 713
Aistria
4) Pear Juice       2 000 hi            840         42          30 + AGR      30 240
                   (or 300 T)                                   possibly
Swiss
5) Table cherries   1 000T              789         15           0           118 350
Sweden
                          ...'" 'I'"
6) God, haddock,
   coalfish         3 500T            1 136         13           0           516 880
7) Filets of cod    1 600T            2 830         18           0           764.100
8) Prepared
   herrings           250T            2 990         20           0           149.500
9) Other prepared
   fish               200T            3 832         20           0           153 280
10)Caviar substi-
   tutes               60T            7 900         30           0           142 200
11)Shelled
   shrimps            120 T          11 073         20           7,5         166 095
                                                                          13 203 493
    Compared with 1992, increased loss of:
    13 203 493 ecus - 12 575 367 ecus -                      6 2 8 126 ecus.
 ---pagebreak---  ---pagebreak---                                                                        ISSN 0254-1475
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