CELEX: 51995PC0091
Language: en
Date: 1995-04-12
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1995)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           Brussels, 12.04.1995
                                          COM(95) 91 final
                        Proposal for a
             COUNCIL REGULATION (EC)
opening and providing for the administration of autonomous
Community tariff quotas for certainfisheryproducts (1995)
               (presented by the Commission)
 ---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 1995.
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 provisionally 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 are 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 1995 for a period extending
to 30 June 1995 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 ŒO No                    /QS
                                                              of
                              opening and providingfor the administration of autonomous
                              Community tariff quotas for certainfisheryproducts (1995)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European            importation to products listed in the Annex shall be
   Community, and in particuluar Article 28, thereof,               suspended at the levels and within the limits of the
                                                                     Community tariff quota indicated for each product
   Having regard to the proposal from the Commission,
   Whereas Community supplies of certain species of fish or          2.    Imports of the products in question shall not be
   fish fillets currently depend on imports from third coun-        covered by the quotas referred to in paragraph 1 unless
   tries ; whereas it is in the Community's interest to             the free-at-frontier price, which is determined by the
   suspend in part or in whole the customs duties for the           Member States in accordance with Article 22 of Regula-
   products in question, within Community tariff quotas of          tion (EEC) No 3759/92 of 17 December 1972 on the
   an appropriate volume ; whereas, in order not to jeopar-         common organization of the market in fishery and aqua-
   dize the development prospects of this production in thé          culture products^1), as last amended by Council
   Community and to ensure an adequate supply to satisfy             Regulation (EC) Nr. 3318/94(2), is at least equal to
   user industries, it is advisable to open those quotas for the     the reference price fixed; or to be fixed, by the Community
   period from the date of entry into force of this Regulation       for the products under consideration of the categories of
                                                                    the products concerned.
   to      30 June 1995      , applying customs duties varied
   accordingly to sensitivity of the different products on the
   Community market;
                                                                                                 Article 2
   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 applica-         The tariff quotas referred to in Article 1 shall be managed
   tion of the rates laid down for the quotas to all imports of     by the Commission, which may take all appropriate
   the products concerned into all Member States until the          administrative measures in order to ensure effective admi-
   quotas have been used up ;                                       nistration thereof.
   Whereas the decision for the opening of autonomous
   tariff quotas should be taken by the Community;
   whereas, to ensure the efficiency of a common adminis-                                        Article 3
   tration of these quotas, there is no reasonable obstacle to
   authorizing the Member States to draw from the quota-
   volumes the necessary quantities corresponding to actual         If an importer presents in a Member State an entry for
   imports ; whereas, however, this method of administration        release for free circulation, including a request for pref-
   requires close cooperation between the Member States             erential benefit for a product covered by this Regulation
   and the Commission and the latter must in particular be          and if this entry for release is accepted by the customs
   able to monitor the rate at which the quotas are used up         authorities, the Member States concerned shall inform the
   and inform the Member States accordingly;                        Commission and draw an amount corresponding to its
                                                                    requirements from the corresponding quota amount.
   HAS ADOPTED THIS REGULATION                                      The drawing requests, with indication of the date of
                                                                    acceptance of the said entries, msut be transmitted to the
                                                                     Commission without delay.
                              Article 1
                                                                    The drawings are granted by the Commission by
1         From the entry into force of this Regulation               reference to the date of acceptance of the entries for
to 30 June 1995, the customs duties applicable on                    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
                                                                    (') OJ No L 388, 31. 12. 1992, p. I.
                                                                   (2)      OJ No L 350,31.12.94, p. 15
 ---pagebreak--- If the quantitites requested are greater than the available     to the quotas for such time as the residual balance of the
balance of the quota amount, allocation shall be made on        quota volumes so permits.
a pro rata basis with respect to the requests. Member
States shall be informed by the Commission of the                                         Article }      ~      -
drawings made.
                                                                The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
                         Article 4                                                        Article 6
                                                                This Regulation shall enter into force on the third day
Each Member State shall ensure that importers of the            following that of its publication in the Official Journal of
products concerned have equal and uninterrupted access           the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
  Done at Brussels
                                                                            For the Council
                                                                             The President
                                                            J>
 ---pagebreak---                                                                          ANNEX
    Series                                                                                                        Amount of      Quota duty
   Number           CNcode                                       Description of goods                                quota           (%)
                                                                                                                   (in tons)
   09.2753      ex 0302 50         Cod (Gadus morhua, Oadus ogac, Gadus macrocephalus), andfishof the genus         13 200            6
                ex 0302 69 35      Boreogadus saida, excluding, livers, roes, presentedfresh,chilled orfrozen,for
                ex 0303 60         processing (a)(b)
                ex 0303 79 41
   09.2765        0305 62 00       Cod {Gadus morhua, Gadus ogac, Gadus macrocephalus), andfishofthe species        2 475             6
                  0305 69 10       Boreogadus saida, salted or in brine, but not dried or smoked
   09.2773      ex0306 13 10       Shrimps and prawns ofthe species Pandalus borealis, in shell,fresh,chilled or    1980              6
                ex 0306 23 10      frozen, for processing (a)(b)
   09.2758      ex 0302 70 00      Cod livers {Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish liver of      100             0
                                   the genus Boreogadus saida, for processing (a)(b)
   09.2779      ex 0304 90 05      Surimi,frozen,for processing (aXb)                                                 990             6
   09.2780      ex 0304 10 38      Blue grenadierfillets{Macrouronus novaezelandiae),fresh,chilled orfrozenfor        330             6
                ex 0304 20 91      processing (a)(b)
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.
(b) The quotas 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,
               deepfreezing
               thawing, separation.
    The quota is not allowed for products intended, in addition to undergo treatment (for operations) qualifying for the quota where such
    treatment (for 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---                        TARIC codes
Series No    CN Code           I   TARIC code
 09.2753  " ex 0302 5010        "     *ïï
                                      *19
            ex 0302 50 90             *11
            ex 0302 50 90             *91
            ex 0302 69 35             *10
            ex 0303 60 11             *10
            ex0303 60 19              *10
            ex 0303 60 90             *10
            ex 0303 79 41     _        _10
 09.2758    ex 0302 70 00             _20
 09.2773    ex0306 13 10              *10
            ex 0306 23 10             *11
            ex 0306 23 10             »91
 09.2779    ex 0304 90 05              __0_
 09.2780    ex 0304 20 91             *10
            ex 0304 10 38              *50
                            r
 ---pagebreak--- FINANCIAL RECORD
1.      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 ( 1995)
4.      Objective : To ensure an adequate supply for Community user industries
5.      Motod of calculation:
            Order       CN rate of     Rate of     Estimated    Volume of      Loss of revenue
           number           duty        duty         price      quota               (ECU)
                            (%)         (%)         ECU/T       (ECU/T)
          09.2753      13,03              6       1270          13 200         1 178 509
          09.2765      13                 6       3 048          2 475           528 066
          09.2773      12                 6       3 099          1980            368 161
          09.2758      10                 0       1588             100             15 880
          09.2779      15                 6       1829             990           162 964
          09.2780      13,5               6       2 074             333           51798
                                                     Total loss:             2 305 378
On the basis of the available Community statistics for 1993, the cost of this tariff-measure available for 1993 is estimated
at 2 305 378 ECU.
                                                              «r
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 91 final
                                              DOCUMENTS
EN                                                                            03
                                     Catalogue number : CB-CO-95-104-EN-C
                                                             ISBN 92-77-86884-8
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