CELEX: 51997PC0082
Language: en
Date: 1997-03-03
Title: Proposal for a Council Regulation (EC) opening and providing for the administration of Community tariff quotas and ceilings and establishing Community surveillance for certain fish and fishery products originating in the Faroe Islands and defining detailed provisions for amending and adapting these measures

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          Brussels, 03.03.1997
                                          COM(97) 82 final
                                          97/0064 (ACC)
                           Proposal for a
                 COUNCIL REGULATION (EC)
opening and providing for the administration of Community tariff quotas
and ceilings and establishing Community surveillance for certain fish and
      fishery products originating in the Faroe Islands and defining
     detailed provisions for amending and adapting these measures
                  (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The Council adopted a decision on 6 December 1996 concerning the conclusion of a
new Agreement between the European Community, the Government of Denmark and
the Home Government of the Faroe Islands in place of the agreement covered by
Council Decision 91/668/EEC. The new agreement entered into force on 1 January
1997.
To give effect to the new agreement, particularly with respect to fishery products, it
would be necessary to replace Regulation (EC) No 1983/95, which implemented
measures under the old agreement.
The attached proposal is identical with the text of that regulation, except for taking
account of an enlargement of the scope of the agreement and an updating of the CN
codes and descriptions concerned.
This sums up the purpose of the attached proposal.
                                         2
 ---pagebreak---                                              Proposal for a
                                 Council Regulation (EC) No        /97
                                                  of
         opening and providing for the administration of Community tariff quotas and
              ceilings and establishing Community surveillance for certain fish and
                    fishery products originating in the Faroe Islands and defining
                   detailed provisions for amending and adapting these measures
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 3 and 8 of the Agreement between the European Community, of the
one part, and the Government of Denmark and the Home Government of the Faroe
Islands, of the other part, signed on 6 December 1^96!, provides for the abolition of
customs duties applicable to imports into the Community of certain fish and fishery
products listed in Protocol 1 attached to the said Decision;
Whereas the abolition is subject to Community tariff quotas and ceilings and, for some
of these products, Community statistical surveillance; whereas the said Community
tariff quotas and ceilings in respect of products originating in the Faroe Islands should
therefore be opened for the volumes indicated respectively in Annexes I and II to this
Regulation and Community statistical surveillance established in respect of the products
listed in Annex III thereto;
Whereas the preferential rates of duty indicated in Annexes I, II and III apply only
where the free-at-frontier price determined by the Member States in accordance with
Article 22 of Regulation (EEC) No 3759/92 of 17 December 1992 on the common
organization of the market in fishery products and aquaculture2 is at least equal to the
reference price set, or to be set, by the Community for the products or categories of
products concerned;
Whereas, for reasons of simplification, provision should be made to empower the
Commission to give effect, following receipt of the opinion of the Customs Code
Committee set up by Article 247 of Regulation (EEC) No 2913/923, to necessary
amendments and technical adaptations to the Annexes to this Regulation arising from
amendments of the combined nomenclature and Taric codes and to adaptations of
volume, periods and quota rates arising from decisions by the Council or by the
Commission;
         O J N o L 5 3 , 22.2.1997, p. 1.
         OJ No L 388, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 3318/94 (OJ
        No L 350, 31.12.1994, p. 1).
         O J N o L 3 0 2 , 19.10.1992, p. 1.
                                                  3
 ---pagebreak--- Whereas this Regulation may apply in the case of any amendment of the said
Agreement in the form of an exchange of letters which may specify the products
eligible for tariff quotas or subject to statistical surveillance, quota-volumes, duties and
tariff periods, and any eligibility criteria; whereas provision should therefore be made
for the Commission to make corresponding amendments to this Regulation and the
Annexes thereto, after first having obtained the opinion of the Customs Code
Committee;
Whereas the Agreement provides for tariff quotas, tariff ceilings and statistical
surveillance for an indefinite period; whereas, therefore, to make its implementation
more efficient and simpler, this Regulation should apply on a multiannual basis;
Whereas equal and continuous access to the quotas in respect of the products listed in
Annex I should be ensured for all Community importers and the rates of duty laid
down for the quotas should be applied consistently to all imports of the products in
question in all Member States until the quotas are exhausted;
Whereas the Community should take the decision to open tariff quotas in the execution
of its international obligations; whereas, to ensure the efficiency of a common
administration of these quotas, there is no reason why the Member States should not
be authorized to draw from the quota-volumes the necessary quantities corresponding
to actual imports; whereas this method of administration does, however, require close
cooperation between the Member States and the Commission, which must be able to
monitor the rate at which the quotas are used up and inform the Member States
accordingly;
Whereas, in respect of products listed in Annex II and subject to Community tariff
ceilings, Community surveillance may be effected by charging imports of these
products against the ceilings at Community level as and when the products are
presented at customs and declared for free circulation; whereas this method of
administering the ceilings should enable customs duties to be restored as soon as the
ceilings in question are reached at Community level;
Whereas this method of administering the ceilings calls for close and speedy
cooperation between the Member States and the Commission, which must be able to
monitor the level reached by imports charged against the ceilings and inform the
Member States accordingly; whereas this cooperation should be close enough to allow
the Commission to take the appropriate steps to restore customs duties as soon as one
of the ceilings is reached;
Whereas, for the products listed in Annex III, it would seem appropriate to have
recourse to the system of statistical surveillance administered by the Commission
pursuant to the relevant provisions of Regulations (EC) No 1172/95 and (EEC) No
 265S7875,
 HAS ADOPTED THIS REGULATION:
 4
      O J N o L 118, 25.5.1995, p. 10.
 5
      OJ No L 256, 7.9.1987, p. 1.
                                              L
                                                I
 ---pagebreak---                                          Article 1
From 1 January to 31 December each year, the customs duties applicable to imports
into the Community of products listed in Annex I and originating in the Faroe Islands
shall be suspended at the levels and within the limits of the Community tariff quotas
specified therein.
                                         Article 2
The tariff quotas referred to in Article 1 shall be administered by the Commission,
which may take any appropriate administrative measure to ensure efficient operation.
                                         Article 3
Where an importer enters a product covered by this Regulation for free circulation in a
Member State accompanied by:
         a request for preferential treatment, and
          a movement certificate, complying with the rules laid down in the Protocol
          concerning the definition of the concept of originating products and methods
          of administrative cooperation annexed to Decision 97/126/EC,
and his declaration is accepted by the customs authorities, the Member State concerned
shall, by notifying the Commission accordingly, draw a quantity from the quota
concerned to satisfy the requirement.
Applications for drawings from the quotas shall indicate the date on which the
declarations were accepted and shall be sent to the Commission forthwith.
Drawings shall be granted by the Commission on the basis of the date when the
declarations for free circulation were accepted by the customs authorities of the
Member State concerned, provided the available balance is sufficient.
Where a Member State fails to use the quantities drawn it shall return them as soon as
possible to the relevant quota.
Where the quantities applied for are in excess of the available balance, allocation shall
be made in proportion to the requirements. The Member Sate shall be informed by the
Commission of the quantities drawn.
                                         Article 4
 1. From 1 January to 31 December each year imports into the Community of certain
products originating in the Faroe Islands, listed in Annexes II and III, shall be subject
respectively to import ceilings and Community surveillance.
The description of the products referred to in the first subparagraph, the ceilings and
the customs duty applicable are specified in the said Annexes.
                                           .r
 ---pagebreak--- 2. Imports shall be charged against the ceilings as and when the products are
presented to customs under cover of declarations for free circulation accompanied by a
movement certificate as specified in Article 3, first paragraph.
Goods may be charged against the ceiling only if the movement certificate is presented
before the date when collection of customs duty is resumed.
Utilization of ceilings shall be recorded at Community level on the basis of imports
charged against them as specified in the first and second subparagraphs.
Member States shall inform the Commission of any import operation carried out in
accordance with the procedure determined above at the intervals and within the
deadlines laid down in paragraph 4.
3. As soon as the ceilings are reached, the Commission may, by adopting a
Regulation, resume the collection of the customs duties applicable to third countries
until the end of the calendar year.
4. Member States shall send the Commission, no later than the 15th of each month,
the statements showing the quantities charged during the preceding month.
5. The statistical surveillance provided for in respect of products specified in Annex
III shall be carried out at Community level on the basis of imports charged as specified
in the first subparagraph of paragraph 2 and notified to the Statistical Office of the
European Communities pursuant to Regulations (EC) No 1172/95 and (EEC) No
2658/87.
                                        Article 5
1. The provisions necessary to apply this Regulation, in particular:
(a)      any technical amendments and adaptations which may be needed as a result of
         changes to the combined nomenclature or Taric codes;
(b)      any adaptations needed following a change to the Agreement between the
         European Community and the Faroe Islands, as approved by an act of the
         Council,
shall be adopted in accordance with the procedure set out in Article 6 (2).
2. The provisions adopted pursuant to paragraph 1 do not authorize the Commission
to:
- carry over preferential quantities from one quota period to another,
- amend the timetables laid down in the Agreements or protocols,
- transfer quantities from one quota to another,
- open and administer quotas resulting from new agreements,
 - adopt legislation affecting the administration of quotas subject to import certificates.
                                               €
 ---pagebreak---                                           Article 6
1. The Commission shall be assisted by the Customs Code Committee.
2. The Commission's representative shall submit a proposal to the Committee
concerning the measures to be taken. The Committee shall give its opinion on the
proposal within a time limit to be specified at the chairman's discretion, depending on
the urgency of the matter in question. The Committee shall give its opinion by a
majority vote as laid down in Article 148 (2) of the Treaty for acts which the Council
is required to adopt on a proposal from the Commission. In Committee votes, the
Member States' votes shall be weighted according to the method given in Article 148
(2). The chairman shall not vote.
The measures adopted by the Commission shall apply with immediate effect.
However, if they differ from the Committee's opinion, the Commission shall
immediately submit the proposed measures to the Council. In this case, the
Commission shall delay their implementation for three months from the date of
submission.
The Council may take a different decision, by a qualified majority, within the time
limit specified in the previous subparagraph.
3. The Committee may examine any question concerning the application of this
Regulation which is raised by its chairman either at the latter's initiative or at the
request of a Member State.
                                          Article 7
Rates of duty specified in Annexes I, II and III shall apply only where the free-at
frontier price determined by Member States in accordance with Regulation (EEC) No
3759/92 is at least equal to the reference price set or to be set by the Community in
respect of the products or categories of products concerned.
                                          Article 8
The Commission shall adopt all appropriate measures, in close cooperation with the
Member States, to apply this Regulation.
                                          Article 9
 Regulation (EC) No 1983/95 of 24 July 19956 shall be repealed.
                                          Article 10
 This Regulation shall enter into force on the day following its publication in the
 Official Journal of the European Communities.
          O J N o L 192, 15.8.1995, p. 1.
                                           ^
 ---pagebreak--- It shall apply from 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                             For the Council
                                           "S
 ---pagebreak---                                                     ANNEX I
                        On fish andfisheryproducts subject to tariff quotas
Order No    CN code       TARIC                               Description                        Rate of duty Quota volume
                            sub-                                                                                 (tonnes)
                          division
09.0671  0301                      Live fish :                                                                   700(1)
                                   - other live fish :
         ex 0301 91 90   10        - Trout of the species Oncorhynchus mykiss                         0
         0302                      Fish, fresh or chilled, excluding fish fillets and other fish
                                   meat of heading No 0304:
                                   - Salmonidae, excluding livers and roes :
         ex 0302 1 ! 90  10        - Trout of the species Oncorhynchus mykiss                         0
         0303                      Fish, frozen, excluding fish fillets and other fish meat of
                                   heading No 0304:
         ex 0303 21 90   10        - Trout of the species Oncorhynchus mykiss                         0
         0304                      Fish fillets and other fish meat (whether or not minced),
                                   fresh, chilled or frozen:
         0304 10                   - Fresh or chilled :
                                   - - Fillets :
                                   - - - of freshwater fish:
         ex 0304 10 11   10               of trout of the species Oncorhynchus mykiss                 0
         0304 20                   - Frozen fillets:
                                   - - Of freshwater fish:
         ex 0304 20 11   10               Of trout of the species Oncorhynchus mykiss                 0
         0304 90                   - Other :
         ex 0304 90 10             - Of freshwater fish:
                         11        - - Of trout of the species Oncorhynchus mykiss                    0
09.0673  0301                      Live fish:                                                                   4 925(1)
                                   - Other live fish:
         0301 99                   - - Other:
                                         Freshwater fish:
         ex 0301 99 11                      Atlantic Salmon (Salmo salar) :
                         20                   young                                                   0
                         30                   other                                                   0
         0302                      Fish, fresh or chilled, excluding fish fillets and other fish
                                   meat of heading No 0304 :
         ex 0302 12 00   10        — Atlantic Salmon (Salmo salar)                                    0
         0303                      Fish, frozen, excluding fish fillets and other fish meat of
                                   heading No 0304 :
         ex 0303 22 00   30        — Atlantic Salmon (Salmo salar)                                    0
                                                              2>
 ---pagebreak---  Order No    CN code      TARIC                               Description                        Rate of duty Quota volume
                           sub-                                                                                 (tonnes)
                         division
09.0673   0304                     Fish fillets and other fish meat (whether or not minced),
(cont'd)                           fresh, chilled or frozen:
          0304 10                 - Fresh or chilled:
                                   - - Fillets :
                                   - Of freshwater fish :
          ex 0304 10 13 10                   Of Atlantic Salmon (Salmo salar)                         0
          0304 20                  - Frozen fillets :
                                   - - Of freshwater fish:
          ex 0304 20 13 10                 Of Atlantic Salmon (Salmo salar)                           0
          0304 90                  - Other:
          ex 0304 90 10            - ? - Of freshwater fish:
                        13                 Of Atlantic Salmon (Salmo salar)                           0
09.0675   1604                     Prepared or preserved fish; caviar and caviar substitutes                      400
                                  prepared from fish eggs:
                                   - Fish, whole or in pieces, but not minced:
          ex 1604 11 00            - - Salmon:
                        30         — Atlantic Salmon (Salmo salar)                                    0
          1604 19                  - - Other:
          ex 1604 19 10            — Salmonidae, other than salmon:
                        10                 Trout of the species Oncorhynchus mykiss                   0
          1604 20                  - Other prepared or preserved fish:
          ex 1604 20 10            — Of salmon:
                        30                 Of Atlantic Salmon (Salmo salar)                           0
          ex 1604 20 30            — Of salmonidae other than salmon:
                        10                 Of trout of the species Oncorhynchus mykiss                0
09.0677   1604                     Prepared or preserved fish; caviar and caviar substitutes                       150
                                   prepared from fish eggs:
                                   - Fish, whole or in pieces, but not minced:
          1604 12                  - - Herring :
          1604 12 10               - - - Fillets, raw, merely coated with batter or breadcrumbs,      0
                                   whether or not pre-fried in oil, deep frozen
          1604 15                  - - Mackerel :
                                   - Of the species Scomber scombrus and Scomber
                                  japonicus :
          ex 1604 15 11                    Fillets :
                        10                   Of the species Scomber scombrus                          0
          ex 1604 15 19                    Other :
                        10                   Of the species Scomber scombrus                          0
          1604 20                  - Other prepared or preserved fish :
          ex 1604 20 50            - Of sardines, bonito, mackerel of the species Scomber
                                   scombrus and Scomber japonicus, fish of the species
                                   Orcynopsis unicolor :
                        40                 Of mackerel of the species Scomber scombrus                 0
          ex 1604 20 90            - - - O f other fish:
                        10                  Of herring                                                 0
09.0679    1605                    Crustaceans, molluscs and other aquatic invertebrates,                         2 000
                                    prepared or preserved :
           1605 20                 - Shrimps and prawns :
           1605 20 10              - - In air-tight containers                                         0
                                    - - Other :
           1605 20 91               -     In immediate packings of a net content not exceeding
                                    2 kg                                                               0
           1605 20 99               - - - Other                                                        0
          ex 1605 40 00             - Other crustaceans :
                        20          - - Nephrops norvégiens                                            0
                                                                 ^Jvo
 ---pagebreak--- Order No      CN code          TARIC                                 Description                        Rate of duty   Quota volume
                                 sub-                                                                                      (tonnes)
                               division
09.0681    1604                           Prepared or preserved fish ; caviar and caviar substitutes                         1 200
                                          prepared from fish eggs :
                                          - Fish, whole or in pieces, but not minced :
           1604 19 92                             Cod (Gadus morhua, Gadus ogac, Gadus
                                                  macrocephalus)                                             0
           1604 19 93                             Coalfish (Pollachius virens)                               0
           1604 19 94                     - - - Hake (Merluccius spp, Urophycis spp.)                        0
           1604 19 95                             Alaska pollack (Theragra chalcogrammd) and
                                                  pollack {Pollachius pollachius)                            0
           1604 19 98                             Other                                                      0
           1604 20                        - Other prepared or preserved fish :
           1604 20 05                     - - Preparations of surimi                                         0
           ex 1604 20 90                  ---Ofotherfish:
                             20                  Preserved smoked coalfish                                   0
                                                 Brisling or sprats (Sprattus sprattus) :
                             30                   In airtight cans (*)                                       0
                             35                   Other                                                      0
                             40                  Of mackerel (Scomber australasicus)                         0
                             50                  Lamprey                                                     0
                             90                  Other                                                       0
09.0683    0304                           Fish fillets and other fish meat (whether or not minced),                           110
                                          fresh, chilled or frozen :
           0304 20                        - Frozen fillets :
                                               Of hake of the genus Merluccius :
           0304 20 58                            Other                                                        0
           0304 90                        - Other :
           0304 90 47                              Of hake of the genus Merluccius                            0
      (1) Figures refer to the commercial presentation "whole and gutted". For imports falling within HS code 0304, a coefficient of 2 shall
          be applied for quantities drawn from the relevant tariff quota.
      (*) "Airtight cans" means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which
          cannot be opened without sustaining damage.
                                                                         f)
 ---pagebreak---                                                               ANNEX II
                        on fish andfisheryproducts subject to Community tariff ceilings
   Order    CN Code     TARIC                                 Description                      Rate of duty Level of tariff
  number                  Sub-                                                                                 ceiling
                        division                                                                              (tonnes)
 17.0011 0302                    Fish, fresh or chilled, excluding fish fillets and other fish                2 000(1)
                                 meat of heading No 0304 :
         0302 40                 - Herring (Clupea harengus, Clupea pallasii), excluding
                                 livers and roes :
         0302 40 05              - - from 1 January to 14 February                                  0
                                 - - from 16 June to 31 December                                    0
         0302 40 98
                                 Fish, frozen, excluding fish fillets and other fish meat of
         0303                    heading No 0304 :
                                 - Herring (Clupea harengus, Clupea pallasii), excluding
         0303 50                 livers and roes :
                                 - - from 1 January to 14 February                                  0
         0303 50 05              - - from 16 June to 31 December                                    0
         0303 50 98
         0304                    Fish fillets and other fish meat (whether or nor minced),
                                 fresh, chilled or frozen :
         0304 20                 - Frozen fillets :
         0304 20 75              - - Of herring (Clupea harengus, Clupea pallasii)                  0
         0304 90                 - Other :
                                        of herring (Clupea harengus, Clupea pallasii):
         0304 90 20                       from 1 January to 14 February                             0
         0304 90 27                       from 16 June to 31 December                               0
17.0013  0302                    Fish, fresh or chilled, excluding fish fillets and other fish                  3 000
                                 meat of heading No 0304 :
         0302 64                 — - Mackerel (Scomber scombrus, Scomber australasicus,
                                 Scomber japonicus):
         ex 0302 64 05           — from 1 January to 14 February :
                       10               Mackerel (Scomber scombrus)                                 0
         ex 0302 64 98           — from 16 June to 31 December :
                       10               Mackerel (Scomber scombrus)                                 0
17.0015  0304                    Fish fillets and other fish meat (whether or not minced),                     25 000 .
                                 fresh, chilled or frozen :
         0304 20                 - Frozen fillets :
         0304 20 31              - - Of coalfish (Pollachius virens)                                0
         0304 90                 - Other :
         0304 90 41                     Of coalfish (Pollachius virens)                             0
17.0017  0305                     Fish, dried, salted or in brine; smoked fish, whether or not                  5 000
                                  cooked before or during the smoking process; flours, meals
                                  and pellets offish fit for human consumption :
         0305 30                  - Fish fillets, dried, salted or in brine, but not smoked :
         0305 30 50               - - Of lesser or Greenland halibut (Reinhardtius
                                  hippoglossoides), salted or in brine                               0
         0305 30 90               - - Other                                                          0
                                                           /iz
 ---pagebreak---   Order    CN Code      TARIC                               Description                        Rate of duty Level of tariff
 number                   Sub-                                                                                 ceiling
                        division                                                                              (tonnes)
17.0019 0305                     Fish, dried, salted or in brine; smoked fish, whether or not                   1000
                                 cooked before or during the smoking process; flours, meals
                                 and pellets offish fit for human consumption :
                                 — Smoked fish, including fillets :
        ex 0305 41 00 10         — Atlantic salmon (Salmo salar)
        0305 49                  — - Other :
        0305 49 10               — Lesser or Greenland halibut (Reinhardtius
                                        hippoglossoides)
        0305 49 20               — Atlantic halibut (Hippoglossus hippoglossus)
        ex 0305 49 30            — Mackerel (Scomber scombrus, Scomber australasicus,
                                        Scomber japonicus) :
                      10                 Mackerel (Scomber scombrus)
        ex 0305 49 45 10                 Trout of the species Oncorhynchus mykiss
        0305 49 50               — Eels (Anguilla spp.)
        0305 49 80               — - - Other
17.0021 0302                     Fish, fresh or chilled, excluding fish fillets and other fish                12 600 (2)
                                 meat of heading No 0304 :
                                 - Other fish excluding livers and roes :
        0302 69                  - - Other :
                                        Redfish (Sebastes spp.,) :
        0302 69 31                        Of the species Sebastes marinus
        ex 0302 69 33                     Other :
                      10                  - Of the species Sebastes mentella
        0303                     Fish, frozen, excluding fish fillets and other fish meat of
                                 heading n° 0304 :
                                 - Other salmonidae, excluding livers and roes :
        0303 79                  - - Other :
                                 -      Saltwater fish :
                                         Redfish (Sebastes spp.) :
        0303 79 35                         Of the species Sebastes marinus
        ex 0303 79 37                      Other:
                      10                    Of the species Sebastes mentella
        0304                     Fish fillets and other fish meat (whether or not minced),
                                 fresh, chilled or frozen:
        0304 10                  7 Fresh or chilled:
                                 - - Fillets:
                                 - - - Other:
        0304 10 35                       Of redfish (Sebastes spp.)
        0304 20                  - Frozen fillets:
                                  - - Of redfish (Sebastes spp.):
        0304 20 35                -      Of the species Sebastes marinus
        ex 0304 20 37             - - - Other:
                       10                Of the species Sebastes mentella
17.0023 0304                      Fish fillets and other fish meat (whether or not minced),                     3 000
                                  fresh, chilled or frozen:
        0304 10                   - Fresh or chilled:
                                  - - Fillets:
                                  - - - Other:
         0304 10 33                       Of coalfish (Pollachius virens)
         0304 10 38                       Other
                                                              03
 ---pagebreak---   Order        CN Code          TARIC                                  Description                       Rate of duty  Level of tariff
 number                          Sub-                                                                                      ceiling
                               division                                                                                   (tonnes)
17.0025    0304                            Fish fillets and other fish meat (whether or not minced),                          550
                                           fresh, chilled of frozen:
           0304 20                         - Frozen fillets:
           0304 20 43                      - - Of ling (Molva spp. )                                          0
17.0027    0304                            Fish fillets and other fish meat (whether or not minced),                        1 800
                                           fresh, chilled or frozen:
           0304 20                         - Frozen fillets:
           ex 0304 20 96                   - - Other:
                              40           - Of blue whiting (Micromensitius poutassou or Gadus
                                                  poutassou)                                                  0
           0304 90                         - Other:
           0304 90 59                              Of blue whiting (Micromesitius poutassou or Gadus
                                                  poutassou)                                                  0    .
17.0029    0305                            Fish, dried, salted or in brine; smoked fish, whether or not                      1 400
                                           cooked before or during the smoking process; flours, meals
                                           and pellets offish fit for human consumption :
                                           - Fish, salted but not dried or smoked, and fish in brine:
           0305 69                         - - Other:
           0305 69 90                      - - - Other                                                        0
17.0031    0306                            Crustaceans, whether in shell or not, live, fresh, chilled,                      11000
                                           frozen, dried, salted or in brine; crustaceans, in shell,
                                           cooked by steaming or by boiling in water, whether or not
                                           chilled, frozen, dried, salted or in brine; flours, meals and
                                           pellets offish fit for human consumption :
                                           - Frozen:
            0306 13                        - - Shrimps:
            0306 13 10                           Of the family Pandalidae                                      0
17.0033     0305                            Fish, dried, salted or in brine; smoked fish, whether or not                      500
                                            cooked before or during the smoking process; flours, meals
                                            and pellets offish fit for human consumption :
                                            - Fish, salted but not dried or smoked, and fish in brine:
            0305 61 00                      - - Herrings (Clupea harengus, Clupea pallasii)                    0
            1604                            Prepared or preserved fish, caviar or caviar substitutes
                                            prepared from fish eggs:
                                            - Fish, whole or in pieces, but not minced:
            1604 12                         - - Herrings:
                                            - - - Other:
             1604 12 91                            In airtight containers                                      0
            1604 12 99                             Other                                                       0
       (1) Figures refer to the commercial presentation "whole and gutted". For imports falling within HS code 0304, a coefficient of 2 shall
           be applied for quantities charged against the relevant ceiling.
       (2) Figures refer to the commercial presentation "whole and gutted". For imports falling within HS code 0304, a coefficient of 3 shall
           be applied for quantities charged against the relevant ceiling.
                                                                     /\*\
 ---pagebreak---                                                           ANNEX III
                                       on fish subject to statistical surveillance
  Order    CN code    Taric sub-                                  Description                                  Rate of duty
 number                division
17.0035 0302                     Fish, fresh or chilled, excluding fish fillets and other fish meat of heading
                                 No 0304:
                                 - flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soléidae,
                                 Scophthalmidae and Citharidae), excluding livers and roes:
        0302 29                  - - Other:
        0302 29 10                     Megrim (Lepidorhombus spp.)                                                  0
        0302 29 90               - - - Other                                                                        0
17.0037                          - Other fish, excluding livers and roes:
        0302 69                  - - Other:
                                 -      Saltwater fish:
        0302 69 99                       Other                                                                      0
17.0039 0303                     Fish, frozen, excluding fish fillets and other fish meat of Heading No
                                 0304 :
                                 - Other fish, excluding livers and roes:
        0303 79                  - - Other:
                                 -      Saltwater fish:
        0303 79 96                       Other                                                                      0
17.0041 0304                     Fish fillets and other fish meat (whether or not minced), fresh, chilled or
                                 frozen:
        0304 20                  - Frozen fillets:
        ex 0304 20 96            - - Other:
                      20                Of halibut (Reinhardtius hippoglossoides, Hippoglossus
                                 hippoglossus, Hippoglossus stenolepis)                                              0
                      30         - Offish of the genus Allocyttus and of the species Pseudocyttus
                                 maculatus                                                                           0
                      70                Of the species Patagonian grenadier (Macruronus magellanicus) and
                                  Argentine cod (Solilota australis)                                                 0
                      90          - - - Other                                                                        0
17.0043 0304 90                   - Other:
        0304 90 05                - - Surimi                                                                         0
        0304 90 97                       Other                                                                       0
                                                            As
 ---pagebreak---                               FINANCIAL STATKMRNT
1. Budget heading involved: Chapter 12, Article 120
2. Legal basis: Article 113 of the Treaty
3. Title of the tariff measures:
   Proposal for a Council Regulation opening and providing for the administration
   of Community tariff quotas and ceilings and establishing Community
   surveillance for certain fish and fishery products originating in the Faroe
   Islands and defining detailed provisions for amending and adapting these
   measures.
4. Objective: Fulfilment of an obligation resulting from a Council Decision.
5. Financial details:
   1)       The measures covered by the attached proposal have been already the
            subject of a financial statement under the proposal for Council
            Regulation (EC) No 1983/95 of 24 July 1995, which implemented the
            tariff quotas and ceilings and the system of Community surveillance for
            certain fish and fishery products originating in the Faroe Islands under
            the old agreement.
   2)        Only the new or expanded tariff quotas, as specified below under 3),
            could entail an additional loss of revenue over and above that resulting
             from application of the previous EC-Faroe Islands Agreement.
   3)       Method of calculation:
      Description of       CN code       Quota      Quota rate of CN rate of Estimated Estimatedl
          goods                         volume       duty (%)      duty (%)    price      ossof
                                        (tonnes)                              ECU/t      revenue
                                                                                       (in ECUs)
     Atlantic salmon    ex 0301 99 11
                        ex 0302 12 00
                        ex 0303 22 00     4 925          0             2       5 566     548 251
                        ex 0304 10 13
                        ex 0304 20 13
                        ex 0304 90 10
     Frozen fillets of   0304 20 58        110           0           10.5       441       5 093
           hake          0304 90 47
   4)       The average additional annual loss of revenue is estimated to be 553
            344 ECU.
   Anti-fraud measures:
                                                /|G
 ---pagebreak--- Provisions on the management of tariff quotas and ceilings provide the necessary measures
to prevent and protect against fraud and irregularities.
                                              H
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(97) 82 final
                                             DOCUMENTS
 EN                                                             02   11 03    01
                                    Catalogue number : CB-CO-97-074-EN-C
                                                             ISBN 92-78-16318-X
Office for Official Publications of the European Communities
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