CELEX: 31990R3523
Language: en
Date: 1990-12-04 00:00:00
Title: Council Regulation (EEC) No 3523/90 of 4 December 1990 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries

No L 343/4                                Official Journal of the European Communities                                       7. 12. 90
                                        COUNCIL REGULATION (EEC) No 3523/90
                                                         of 4 December 1990
                   opening and providing for the administration of Community tariff quotas for
                    certain agricultural and fishery products originating in certain EFTA countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   Community basis, so that the Member States can draw the
                                                                           necessary quantities, corresponding to actual imports
Having regard to the Treaty establishing the European                      recorded, from the quota volumes ; whereas this method
Economic Community, and in particular Article 113                          of administration calls for close cooperation between the
thereof,                                                                  Member States and the Commission ;
Having regard to the proposal from the Commission,                        Whereas since the Kingdom of Belgium, the Kingdom of
                                                                           the Netherlands and the Grand Duchy of Luxembourg
Whereas, in agreements concluded between the Commu­                        are united within, and jointly represented by, the Benelux
nity and certain EFTA countries and approved by Deci­                      Economic Union, any operation concerning the adminis­
sions    86/555/EEC,       86/557/EEC,       86/558/EEC       and          tration of these quotas may be carried out by any one of
86/559/EEC ('), the Community undertook to open each                       its members,
year, subject to certain conditions, Community tariff
quotas at a reduced or zero rate of duty for a number of
agricultural and fishery products originating in those
countries ; whereais those tariff quotas should be opened                  HAS ADOPTED THIS REGULATION :
for 1991 , and, where necessary, the conditions of eligibi­
lity laid down should be specified ;
Whereas all Community importers should be ensured                                                      Article 1
equal and continuous access to the said quotas and the
duty rates laid down for the quota should be applied                       1.     From 1 January to 31 December 1991 the customs
consistently to all imports of the product in question into                duties applicable to imports of the products listed below
all Member States until the quotas are exhausted ; whereas                 shall be suspended at the levels indicated below and
the necessary measures should be taken to ensure that                     within the limits of the Community tariff quotas as
these tariff quotas are administered efficiently and on a                  shown below :
(a) The following products, originating in Sweden :
                                                                                                              Amount
                      CN code                                                                                             Quota duty
      Order No
                         o                                      Description                                   of quota       (%)
                                                                                                            (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                                            3 500          0
                                     — 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 :
                                     — — Filets :
     09.0603   '                              Other :                                                           1 500         0
                   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
    o See Taric codes in the Annex.
(■) OJ No L 328, 22. 11 . 1986, pp. 58, 77, 90 and 99.
 ---pagebreak--- 7. 12. 90                                  Official Journal of the European Communities                               No L 343/5
    *
                                                                                                          Amount
                       CN code                                                                                        Quota duty
       Order No
                           0                                      Description                             of quota       (%)
                                                                                                        (in tonnes)
                        1604         Prepared or preserved fish ; caviar and caviar substitutes
                                     prepared from fish eggs :
     09.0605                         — Fish, whole or in pieces, but not minced :                            250         0
                        1604 12      — — Herrings :
                        1604 12 90   — — — Other :
                        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 :
                        1604 20 90    — — Of other fish
                        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 :
     09.061 1       ex 1605 20 00    — Shrimps and prawns :                                                  120         7,5
                                         — Shelled, whether or not frozen, excluding shrimps and
                                            prawns of the Crangon variety
   O See Taric codes in the Annex.
'b) The following products, originating in Norway :
                                                                                                          Amount
       Order No
                       CN code
                                                                  Description                             of quota  . Quota duty
                           n
                                                                                                        (in tonnes)      (%)
     09.0701        ex 1504 20 10    Oils and fats of marine animals, other than whale oil and              1 000         8,5
                    ex 1504 30 19    sperm oil, in packings of a net capacity of more than 1 kg
                    ex 1516 10 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          0
                        0305 59       — — Other :
                                      — — — Fish of the species Boreogadus saida :
                        0305 59 1 1   — — — — Dried, unsalted
     09.0709            0305 30 19   Fillets of cod of the species Gadus morhua and Gadus ogac,            3 000          0
                                     and fish fillets of the species Boreogadus saida, dried, salted or
                                     in brine
     09.071 1                        Prepared or preserved fish, including caviar and caviar substi­
                                     tutes prepared from fish eggs :
                    ex 1604 13 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
                    ex 1604 19 99    Other, not including smoked saithe
                    ex 1604 20 90    Fish other than herring and smoked saithe
   (*) See Taric codes in the Annex.
 ---pagebreak--- No L 343/ 6                                  Official Journal of the European Communities                                       7. 12. 90
(c) The following products, originating in Austria :
                                                                                                               Amount
        Order No        CN code                                  Description                          ,        of quota      Quota duty
                                                                                                                (in hi)         (%)
      09.0801            2009 80 1 1    Concentrated pear juice                                                 2 000       30 + AGR
                         2009 80 19                                                                                           possibly
                                                                                                                             applicable
(d) The following products, originating in Switzerland :
                                                                                                               Amount
                        CN code                                                                                              Quota duty
        Order No                                                 Description                                   of quota
                            0                                                                                                   (%)
                                                                                                             (in tonnes)
      09.0901            0809 20 10     Table cherries excluding Morello cherries                                1 000           0
                     ex 0809 20 90
    (*) See Taric codes in the Annex.
2. Within the limits of the quotas referred to in para­                     2886/89 (2), shall be at least equal to the reference price, if
graph 1 under order Nos 09.0701 , 09.0801 and 09.0901 ,                     such a price has been fixed by the Community; for the
the Kingdom of Spain and the Portuguese Republic shall                      products or categories of products in question.
apply customs duties calculated in accordance with the
relevant provisions of the 1985 Act of Accession.                           5.    The protocols on the definition of the concept of
                                                                            originating products and on methods of administrative
For the other quotas, the Kingdom of Spain and the                          cooperation, annexed to the Agreement between the
Portuguese Republic shall apply the duties set out below :                  European Economic Community on the one hand and
                                                                            the Kingdom of Sweden, the Kingdom of Norway, the
        Order No               Spain (%)            Portugal (%)
                                                                            Republic of Austria and the Swiss Confederation on the
                                                                            other, shall be applicable.
         09.0601                   0                     0
         09.0603                   0                     0                                              Article 2
         09.0605                   3,5                   7,5
                                                                            The tariff quotas referred to in Article 1 shall be adminis­
         09.0607                   3,5                   7,5
                                                                            tered by the Commission, which may take any appro­
         09.0609                   3,5                   7,5                priate administrative measure in order to ensure efficient
                                                                            administration.
         09.061 1                  7,2                  13,1
         09.0707                    1,7                  0
         09.0709                   1.7                   0                                              Article 3
         09.071 1                 11                    15
                                                                            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
3. 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
4.      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 21 of Council Regula­                    of the date of acceptance of the declaration of entry into
tion (EEC) No 3796/81 of 21 December 1981 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 379, 31 . 12. 1981 , p. 1 .                                     0 OJ No L 282, 2. 10. 1989, p. 1 .
 ---pagebreak--- 7. 12. 90                             Official Journal of the European Communities                                No L 343/7
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.
If the quantities requested are greater than the available         Member States and the Commission shall cooperate
balance of the quota volume, allocation shall be made on           closely in order to ensure that this Regulation is complied
                                                                   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 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 4 December 1990.
                                                                               For the Council
                                                                                 The President
                                                                               G. DE MICHELIS
                                                          ANNEX
                                                        Tanc codes
                                     Order
                                                       CN code                 Taric code
                                      No
                                    09.0603         ex 0304 10 31           0304 10 31 * 10
                                    09.0611         ex 1605 20 00            1605 20 00*91
                                                                             1605 20 00 ' 92
                                                                             1605 20 00 * 96
                                   09.0701          ex 1504 20 10           1.504 20 10 * 90
                                                    ex 1504 30 19            1504 30 19 * 90
                                                    ex 151610 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 1 9 99          1604  19 99*90
                                                    ex 1604 20 90           1604  20 90*30
                                                                            1604  20 90 * 90
                                   09.0901          ex 0809 20 10           0809  20 10 * 91
                                                    ex 0809 20 90           0809  20 90 * 12
                                                                            0809  20 90 * 25
                                                                            0809  20 90 * 33
                                                                            0809  20 90 * 45
                                                                            0809  20 90 * 75