CELEX: 51991PC0514(02)
Language: en
Date: 1991-12-09
Title: Proposal for a COUNCIL REGULATION ( EEC ) partially and temporarily suspending the autonomous duties of the Common Customs Tariff on certain fish fillets ( 1992 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      C0M(91) 514 final
                                                      Brussels, 9 December 1991
                                              Proposal for a
                                        COUNCIL REGULATION (EEC)
                       opening and providing for the administration of autonomous
                      Community tariff quotas for certain fishery products (1992)
                                              Proposal for a
                                        COUNCIL REGULATION (EEC)
                       partially and temporariIy|suspending the autonomous duties
                      of the Common Customs Tariff on certain fish fillets (1992)
                                      (presented by the Commission)
^a™.JiSo^y»1v4yJ-
 ---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
1992.
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 reduced duty tariff quotas or suspensions, to ensure
continuation of Community production in the content of the rules and
obligations of the common organisation of the markets and to ensure supply
of the processing industries while also taking into account the current and
foreseeable situation on the international market.
In these conditions, the tariff preferences 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, this proposal foresees the opening of tariff measures from 1
April 1992 for a period extending to 31 December 1992 in order to allow
planning of supply to the industry without destabilizing the revenue of
Community producers.
This is the purpose of the attached proposals.
 ---pagebreak---                                                            Proposal            for
                                         C O U N C I L R E G U L A T I O N (EEC) N o          /91
                                                         of.
                   opening and providing for the administration of autonomous Community tariff quotas for
                                                    certain fishery products (1992)
THE COUNCIL OJ THE EUROPEAN COMMUNITIES,                                   have been used up; whereas rhe necessary measures should be
                                                                           taken to ensure efficient Community management of the
                                                                           tariff quotas, while allowing Member States to draw on the
Having regard to the Treaty establishing the European
                                                                           quota volumes the necessary quantities which correspond to
Economic Community, and in particular Article 28
                                                                           importations actually made; whereas this type of
thereof,
                                                                           management requires close cooperation between the
                                                                           Member States and the Commission;
Having regard ro the proposal from the Commission,
                                                                           Whereas, since the Kingdom of Belgium, the Kingdom of the
Whereas Community supplies of certain species of fish or fish              Netherlands and the Grand Duchy of Luxembourg are united
fillets currently depend on imports from third countries;                  within, and jointly represented by, the Benelux Economic
whereas it is in the Community's interest to suspend partially             Union, any operation relating to the administration of the
the customs dunes for the products in question, within                     tariff quotas may be carried out by any of its members,
Community tariff quotas of an appropriate volume;
whereas, in order not to jeopardize the development
prospects of this production in the Community and to ensure
an adequate supply to satisfy user industries, it is advisable to
open these quotas for the period from 1 April to 31 December               HAS ADOPTED THIS REGULATION:
1992 applying customs duties varied accordingly to
sensitivity of the different products on the Community
market;
                                                                                                     Article 1
Whereas it is necessary, in particular, to ensure for all
Community importers equal and uninterrupted access to the                   1.    From 1 April to 31 December 199 3 the  customs duties
said quotas and to ensure the uninterrupted application of                 applicable on importation to products listed  below shall be
the rates laid down for the quotas to all imports of the                   suspended at the levels and within the         limits of the
products concerned into all Member States until the quotas                 Community tariff quotas; indicated for each   product:
      Series                                                                                                 Amount of
                     CN code                                     Description                                    quota
                                                                                                                            Quota dutv
       No                                                                                                                       (%)
                                                                                                             (in tonnes)
09.2753          ex 0302  50     Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish of
                 ex 0302  69 35  the genus Boreogadus saida, excluding, livers, roes, presented fresh,
                 ex 0303  60     chilled or frozen, for processing (a) (b)                                   50 000             3,7
                 ex 0303  79 41
09.2755          ex 0302 63 00   Coalfish (Pollachtus virens), excluding livers, roes, presented fresh,
                 ex 0303 73 00   chilled or frozen, for processing (a) (b)                                   20 000             ij
09.2757          ex 0302 62 00   Haddock (Melanogrammus aeglefinus), excluding livers,              roes,
                 ex 0303 72 00    presented fresh, chilled or frozen, for processing (a) (b)                   6 000             3,7
 09.2765            0305 62 00   Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the
                    0305 69 10    species Boreogadus saida, salted or in brine, but not dried or smoked      51 500
                                                                                                                                        5
 ---pagebreak---                                                                                                                                 Amount ol
      Sen,             C N code                                                                                                                    Quota duty
                                                                            Description                                             quou
       N.                  (')                                                                                                   (in loniu-s.
09.2767               0305 51 10          Cod (Gadus morhua, Gadus orgac, Gadus macrocephalus)                 and fish of
                       0305 59 11         the species Boreogadus saida, dried, unsalted, not: smoked                                  300
09.2769                0305 30 11         Fish fillets, s a l t e d Of in brine »°^ c o ^ (Gadus morhua, Gadus
                       0305 30 19         ogac, Gadus     macrocephalus)     and of fish of the species          Boreogadus
                                            lid a                                                                               2 000
09.2771            ex 0305 30 90          Fillets of coalfish    Poltachius virens), salted, for processing (a) (b)                                     10
                                                                                                                                     3 500
09.2773            ex 0306 13 10          Shrimps and prawns of the species Pandalus borealis,             in shell, fresh,
                   ex 0306 23 10          chilled or frozen, for processing (a) (b)
                                                                                                                                     5 000
09.2789            ex 0302 21 10          Lesser or Greenland halibut (Reinhardtius            hippoglossoides),      fresh,
                   ex 0303 31 10           chilled or frozen, tor processing (a) (b)                                            6 000
(') See Taric codes in the Annex.
'aï Control of the use for this special purpose shall be c.uried out pursuant to the relevant Community provisions.
'b; The quota shall apply to products intended to undergo any operation unless they arc 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,
     — deep freezing,
    — thawing, separation.
    The quota is not allowed for products intended, in addition to undergo treatment (or operations) qualifying for the quota where such treatment {or operations) is
    (are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended for human consumption.
 2.     Within the limits of these tariff quotas, the Kingdom of                       benefit for a product covered by this Regulation and if this
 Spain and the Portuguese Republic shall apply customs duties                          entry for release is accepted by the customs authorities, the
 calculated in accordance with the relevant provisions in the                           Member States concerned shall inform the Commission and
 Act of Accesion.                                                                      draw an amount corresponding to its requirements from the
                                                                                       corresponding quota amount.
 3.      Imports of the products in question shall not be
 covered by the quotas referred to in paragraph 1 unless the
 free-at-frontier price, which is determined by the Member
                                                                                        The drawing requests, with indication of the date of
 States in accordance with Article 21 of Regulation (EEC) No
                                                                                        acceptance of the said entries, must be transmitted to the
 3796/81('), as last amended by Regulation (EEC) No
                                                                                        Commission without delay.
 3468/88 (2), is at least equal to the reference price fixed, or
 to be fixed, by the Community for the products under
 consideration of the categories of the products concerned.
                                                                                        The drawings are granted by the Commission by reference to
                                                                                        the date of acceptance of the entries for release for free
                                   Article 2                                            circulation by the customs authorities of the Member States
                                                                                        concerned to the extent that the available balance so
 The tariff quotas referred to in Article 1 shall be managed                            permits.
 by the Commission, which may take all appropriate
 administrative measures in order to ensure effective
 administration thereof.
                                                                                        If a Member State does not use the quantities drawn, it shall
                                                                                        return them as soon as possible to the corresponding quota
                                   Article 3                                            amount.
 If an importer presents in a Member State an entry for release
 for free circulation, including a request for preferential                             If the quantities requested are greater than the available
 (') OJ No L 379, 31. 12. 1981, p. 1.                                                   balance of the quota amount, allocation shall be made on a
 (2) OJ No L 305, 10. 11. 1988, p. 1.                                                   pro rata basis with respect to the requests. Member States
 ---pagebreak--- shall be informed by the Commission of the drawings                                             Article 5
made.
                                                                     The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with.
                          Article 4
Each Member State shall ensure that importers of the
products concerned have equal and uninterrupted access to                                       Article 6
the quotas for such time as the residual balance of the quota
volumes so permits.                                                  This Regulation shall enter into force on 1 April 1992-
                 This Regulation shall be binding in -its entirety and directly applicable in all Member
                 States.                                 !
                 Done at Brussels,
                                                                                             For the   Council
                                                                                              The    President
                                                              ANNEX
                                         Scries No            CNcode              Taric code
                                         09.2753           ex 0302 50 10            * 10
                                                           ex 0302 50 90            * 11
                                                           ex 0302 50 90            »91
                                                           ex 0302 69 35            * 10
                                                           ex 0303 60 11            * 10
                                                           ex 0303 60 19            M0
                                                           ex 0303 60 90            » 10
                                                           ex 0303 79 41            * 10
                                         09.2755           ex 0302 63 00            * 10
                                                           ex 0303 73 00            * 10
                                         09.2757           ex 0302 62 00            * 10
                                                           ex 0303 72 00            * 10
                                         09.2769           ex 0305 30 11            * 10
                                                           ex 0305 30 19            * 10
                                         09.2771           ex 0305 30 90            * 13
                                         09.2773           ex 0306 13 10            * 10
                                                           ex 0306 23 10             * 11
                                                           ex 0306 23 10             »91
                                         09.2789           ex 0302 21 10             * 10
                                                           ex 0302 31 10             * 10
                                                                                                                              5"
 ---pagebreak---                                               proposal for
                            COUNCIL REGULATION (EEC) No                                  /91
partially and temporarily suspending the autonomous duties of the C o m m o n Customs 1 ariff
                                         on certain fish fillets (199p)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic C o m m u n i t y , and in
particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas Community supplies of fillets of certain species of fish currently depend on imports
from third countries; whereas it is in the Community's interest to suspend partially the customs
duties for the products in question; whereas, in order not to jeopardize the development
prospects of production of competitive products in the Community and to ensure an adequate
supply to satisfy user industries, it is advisable to limit these suspension measures to a period
from 1 April to 31 December 199 2
HAS ADOPTED THIS REGULATION:
                                                      Article I
From 1 April to 31 December 1 9 9 2 , the a u t o n o m o u s duties of the C o m m o n Customs Tariff
applicable to the products listed below shall be suspended at the level indicated in respect of
each of them:
       CNcode                                           Description
                                                                                                            Rate of dutv
           C)
ex 0 3 0 4 20 57        Fillets and meat of hake (Merluccius spp., excluding the genus I
ex 0304 90 4 7          Merluccius merluccius, Merluccius bilinearis)
                                   , in the form of industrial blocks, frozen, for
                        processing (a) (b)                                                                       10
ex 0 3 0 4 20 85        Fillets of Alaska pollack (Theragra chalcogramma), in the form of
                        industrial blocks, frozen, for processing (a) (b)                                        5
(') See Taric codes in the Annex.
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions
(b) The suspension 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,
     — deep freezing,
     — thawing, separation.
     The suspension is not allowed for products intended, in addition, to undergo treatment (or operations) qualifying for
     the suspension where such treatment (or operations) is (are) carried out at retail or catering level. The reduction of
     customs duties shall apply only to fish intended for human consumption.
 2.       In the framework of these suspensions, the Kingdom of Spain a n d the Portuguese
 Republic shall apply customs duties calculated in accordance with the relevant provisions in the
 Act of Accession.
 ---pagebreak--- 3.    Imports of the products in question shall not be covered by the suspensions i c l . r m l to in
paragraph 1 unless the free-at-frontier price, which is determined by the Member States m
accordance with Article 21 of Regulation (EEC) N o 3 7 9 6 / 8 1 ('), •'•' l' l s t amended by-
Regulation (LLC.) N o 3 4 6 8 / 8 8 (•'), is at least equal to the reference price fixed, oi to be lixed,
by the Community for the products under consideration or the categories of the products
concerned.
                                                  Article 2
This. Regulation shall enter into force on 1 April 1 9 9 K
 This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels
                                                                                  For the    Council
                                                                                    The   Président
                                                   ANNEX
                               CNcodc                              Taric code
                          ex 0304 20 57                               •31
                          ex 0304 20 57                               •41
                          ex 0304 20 85                               • 10
                          ex 0304 9047                                • 30
(') OJ No L 379, 31. 12. 1981, p. 1.
H OJ No L 305, 10. 11. 1988, p. 2.
                                                                                                          *
 ---pagebreak--- FINANCIAL RECORD
1.    Budget Iine concerned : Chap. 12 Art. 120
2.    Legal basis : Art. 28 of the Treaty
3.    Title of the tariff measure concerned : Proposals for Council
      Regulations opening and providing for the administration of Community
      tariff quotas or partially suspending the duties for certain fishery
      product (1992)
4.    Objective : To ensure an adequate supply for Community user
      industries
5.    Cost of this tar iff-measure :
      On the basis of the available Community and national statistics, the
      cost of this tariff-measure is estimated at 28.izo.4^9 ecus.
      Compared with 1991, increased loss of 10-2>92.2£9 ecus.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 514 final
                                                     DOCUMENTS
EN                                                                         03 02
                                Catalogue number : CB-CO-91-561-EN-C
                                                             ISBN 92-77-78467-9
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