CELEX: 52005PC0345
Language: en
Date: 2005-07-25
Title: Proposal for a Council Regulation temporarily reducing the autonomous common customs tariff duties for certain tropical fishery products

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 25.7.2005
                                                     COM(2005) 345 final
                                                     2005/0142 (ACC)
                                        Proposal for a
                                COUNCIL REGULATION
   temporarily reducing the autonomous common customs tariff duties for certain tropical
                                      fishery products
                               (presented by the Commission)
EN                                                                                       EN
 ---pagebreak---                                   EXPLANATORY MEMORANDUM
       1) CONTEXT OF THE PROPOSAL
          •
   110
               Grounds for and objectives of the proposal/General context
   120
          It is in the interest of the EU to allow importation of certain tropical fishery products in
          2005 at a temporarily reduced customs tariff in order to avoid disruptions of trade.
          •
   130
               Existing provisions in the area of the proposal
          Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on
          the Common Customs Tariff1 as last amended by Regulation (EC) No 1810/2004.2
          •
   140
               Consistency with other policies and objectives of the Union
          In line with agricultural, fisheries, trade, development and external relations policies.
       2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
          •    Consultation of interested parties
   211
          Consultation methods, main sectors targeted and general profile of respondents
          The Management Committee for Fishery products and the Committee 133 representing
          the interests of Member States were consulted.
   212
          Summary of responses and how they have been taken into account
          The proposed measures are supported by a large majority of Member States.
          •    Collection and use of expertise
   221
          Scientific/expertise domains concerned
          Experts representing the MS on the Management Committee for Fishery Products
   222
          Methodology used
          Open consultation
   223
          Main organisations/experts consulted
          Experts designated by each of the Member States.
   1
          OJ L 256, 7.9.1987, p. 1.
   2
          OJ L 327, 30.10.2004, p. 1.
EN                                                   2                                                 EN
 ---pagebreak---    2249
           Summary of advice received and used
           The existence of potentially serious risks with irreversible consequences has not been
           mentioned.
   225
   226
           Means used to make the expert advice publicly available
           Publication of the Proposal
           •
   230
               Impact assessment
           Not applicable
           Proposal not included in the Commission's Working and Legislative Programme 2005.
        3) LEGAL ELEMENTS OF THE PROPOSAL
           •
   305
               Summary of the proposed action
           Proposal for a Council Regulation temporarily reducing the common customs tariff
           duties on certain tropical fishery products
           •
   310
               Legal basis
           Article 133
           •
   329
               Subsidiarity principle
           The proposal falls under the exclusive competence of the Community. The subsidiarity
           principle therefore does not apply.
           •   Proportionality principle
           The proposal complies with the proportionality principle for the following reason(s).
   331
           It is necessary to adopt interim measures to avoid disruptions of trade in certain
           tropical fishery products between supplier countries and the Community.
   332
           This set of measures is in line with the principles set out to simplify the procedures for
           operators engaged in foreign trade and in accordance with the Commission
           communication concerning autonomous tariff suspensions and quotas (98/C 128/02)
EN                                                 3                                                  EN
 ---pagebreak---           •  Choice of instruments
   341
          Proposed instruments: Council regulation.
   342
          Other means would not be adequate for the following reason(s).
          Autonomous tariff suspensions and reductions as well as quotas are approved by the
          Council acting on a qualified majority on the basis of a Commission proposal. A
          regulation is required to ensure direct applicability and uniformity throughout the
          Community.
       4) BUDGETARY IMPLICATION
   401
          Uncollected customs duties
       5) ADDITIONAL INFORMATION
          •  Review/revision/sunset clause
   533
          The proposal includes a sunset clause.
          •
   560
             European Economic Area
          The proposed act concerns an EEA matter and should therefore extend to the European
          Economic Area.
EN                                               4                                            EN
 ---pagebreak---                                                                2005/0142 (ACC)
                                                 Proposal for a
                                         COUNCIL REGULATION
    temporarily reducing the autonomous common customs tariff duties for certain tropical
                                               fishery products
                                         (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article
   133 thereof,
   Having regard to the proposal from the Commission3,
   Whereas:
   (1)     The Common Customs Tariff is laid down in Council Regulation (EEC) No 2658/87.4
   (2)     The Community is a major consumer of certain tropical fishery products. It has to
           import important quantities of such products in order to satisfy its needs. In order to
           avoid disruptions of trade, it is in the interest of the Community to reduce temporarily
           the Common Customs tariff for the importation of these products.
   HAS ADOPTED THIS REGULATION:
                                                    Article 1
   The autonomous Common Customs Tariff duties as contained in Regulation (EEC) No
   2658/87 are reduced, in respect of the products listed in the Annex to this Regulation to the
   rate laid down therein.
   3
           OJ C , , p. .
   4
           OJ L 256, 7.9.1987, p. 1 as last amended by Regulation (EC) No 1810/2004, OJ L 327, 30.10.2004, p.
           1.
EN                                                      5                                                     EN
 ---pagebreak---                                                Article 2
   This Regulation shall enter into force on the seventh day following that of its publication in
   the Official Journal of the European Union.
   It shall apply from 1 August 2005 to 31 December 2005.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels,
                                                 For the Council
                                                 The President
EN                                                 6                                              EN
 ---pagebreak---                                               ANNEX
   The products for which autonomous Common Customs Tariff duties are reduced from the 1st
   August 2005 till 31 December 2005
   CN code                                  Description                         Duty rate
   Chapter 3     Fish and crustaceans,          molluscs  and   other   aquatic
                 invertebrates
                 Crustaceans, whether in shell or not, live, fresh, chilled,
                 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 of crustaceans, fit for human consumption
                 Shrimps and prawns
   0306 13 50    Shrimps of the genus Penaeus                                     4.2
   0306 13 80    Other                                                            4.2
   Chapter 16    Preparation of meat, of fish or of crustaceans, molluscs or
                 other aquatic invertebrates
                 Crustaceans, molluscs and other aquatic invertebrates,
                 prepared or preserved
                 Shrimps and prawns
   1605 20 10    In airtight containers                                           7.0
                 Other
   1605 20 91    In immediate packing of a net content not exceeding 2 kg         7.0
EN                                                7                                        EN
 ---pagebreak---           LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A
        BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE
   1.       NAME OF THE PROPOSAL:
   Proposal for a Coucil Regulation temporarily reducing the autonomous common customs
   tariff duties for certain fishery products
   2.       BUDGET LINES :
   Chapter and Article: Chap. 12 art. 120
   Amount budgeted for the year concerned: millions
   3.       FINANCIAL IMPACT
            Proposal has no financial implications
   x        Proposal has no financial impact on expenditure but has a financial impact on revenue
   – the effect is as follows:
                                                                              (€ million to one decimal place)
          Budget line Revenue5                                12 month period, [Year n]
                                                              starting dd/mm/aaaa
          Article 120 Impact on own resources                 01/01/2005               - 170,6
   4.       ANTI-FRAUD MEASURES
   Provisions on the management of these suspensions include the measures necessary for
   preventing frauds and irregularities and protecting against them.
   5
            Regarding traditional own resources (agricultural duties, sugar levies, customs duties) the amounts
            indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs.
EN                                                        8                                                     EN
 ---pagebreak---    5.      OTHER REMARKS
   Effective from 01.08.2005:
              CN code    Expected variation in the loss of revenue in relation to the previous period (in €)
              0306 13 50 59 546 000
              0306 13 80 28 348 000
              0306 13    87 894 000
              1605 20 10 1 092 000
              1605 20 91 4 796 000
              1605 20     5 890 000
   Total duty loss against the previous annual period:
   (93.784.000 – 23.446.000) = 70.338.000 € net.
EN                                                   9                                                       EN