CELEX: 51987PC0563
Language: en
Date: 1987-11-20
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain fishery products, originating in Sweden (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (87) 563
Vol. 1987/0279
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(87 ) 563 final
                                                       Brussels , 20 November 1987
                                   Proposai for a
                             COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a Community
        tariff quota for certain fishery products , originating in Sweden
                                       ( 1988 )
                          ( submitted by the Commission )
C0M(87 ) 563 final
 ---pagebreak---                                                                            •o 6 j
                                       EXPLANATORY MEMORANDUM
1.       The Agreement on agriculture and fisheries in the form of an exchange
         of letters between the European Economic Community and Sweden , approved
         by the Council decision of 15 September 1986 ( 1 ) provides in particular
         for the annual opening of Community quotas for the following products
         originating in Sweden ; the volumes and duties applicable are indicated
         opposite each products , as are the Common Customs Tariff heading numbers
         and the Combined Nomenclature Codes (applicable from 1 January 1988 )
         under which the products in question are classified :
Combined           Héading Description                         Quota              Rate
Nomenclature       Number                                      volume             of duty
code                                                            ( tonnes )         (%)
                    03.01  Fish , fresh ( live or dead ),
                           chilled of frozen :
                           B. Saltwater fish :
                             I. whole , headless or in
                                 pieces :
ex 0301 99 90                    h ) cod ( Gadus morhua ,
ex 0302 50 00                        Boreoagadus saida ,
      0302 69 35                     Gadus ogac ) :
                                 1 ) fresh or chilled              3 500               0
ex 0301 99 90
      0302 63 00                 ij ) Saithe ( Pollachius
                                      virens ) :
                                 1 ) fresh or chilled
ex 0301 99 90
      0302 62 00                 k ) Haddock ( Melanogrammus
                                     aeglefinus ) :
                                 l ) fresh or chi lied
ex 0304 10 31                II . Fillets
                             ex a ) fresh or chilled
                                 - of cod                          1 500               0
                    16.04   Prepared or preserved fish
                            including caviar and caviar
                            substitutes :
       1604 30 90           A. Caviar and caviar substitutes
                               II . Other                              60              0
       1604 12 90           C. Herring :
ex 1604 20 90                  II . Other                            250               0
                            G. Other :
       1604  13 90             II . Other                             200              0
       1604  15 90
       1604  19 99
 ex 1604     20 90
  ( 1 ) OJ No L 328, 22.11.1986, p. 89
 ---pagebreak---                                      -2-
Combined      Heading      Description                     Quota      Rate of
Nomenclature  Number                                       volume     duty
code                                                       ( tonnes ) (%>
              16.05     Crustaceans and molluscs , pre ¬
                        pared or preserved :
                        ex B. Other :
ex 1605 20 00           - shrimps and prawns , shelled and
                          frozen , excluding shrimps of
                          the genus Crangon spp .             120          7.5
2.   The purpose of this proposai is to implement the tariff quotas for 1988 .
3.   The Commission 's proposal for these products is based mainly on those
     usually put forward in the field of tariff quotas in so far as :
     - the quota volume is divided into two parts , the first consisting of a
       fairly large quantity allocated among certain Member States which
       are regular importers , and the second being a reserve intended to
       cover any additional needs of these Member States , as well as the
       needs that could arise in the other Member States ;
     - the allocation of initial shares to the Member States is based on
       past imports from Sweden over the last three years and on estimated
                                                         %
       needs over the quota period .
 ---pagebreak---   Figures for Community imports from Sweden over the last three years are
  as follows :
                          Cod , saithe ,                       Fillets of cod ,                Caviar substitutes
                          haddock , fresh of                   fresh or frozen
                          chi l led
Member State             1984        1985      1986      1984      1985    1986      1984          1985        1986
Benelux                     81        189        182         7       24       9          0            0    ■      0
Denmark               23 280      20 288     18 568       222       392     270           1          19           1
Germany                    152        413         32      113       128      43        38             Λ          22
Greece                       0          0           0       0         0       0        20             7           4
Spa i η                 3 001       2 021       742       997       985     276           3           5           5
France                    273         158       170        42        24       4        33            23           5
Ireland                      0          0           0       0         0       0          0            0    !      o
Italy                        0          0           0       0         0       0          0            0    i      0
Portugal                    37          0         20        0         0       0          0            0    ■      0
United Kingdom            502         516       454         0         0       0          0            0
                                                                                                           !      0
                      27 326      23 585     20 168     1 381     1 553     602        96            60          37
                 Prepared or preserved                     Other prepared or                Shrimps and orawns
                 herring                                   preserved fish
 Member State     1984         1985           1986         1984       1985      1986    ?   1984         1985       1986
 Benelux             11          10             15            *         66        52    1       0          17          0
 Denmark             60          30             70            78        58        59    l       8          10         31
                                                68            26        34        36           «             9        10
 Germany            177          64
                                                                                                1                      0
 Greece                0           0             0    8        0         0         0                         0
                                                                                                                       3
 Spain                 6           0
                                                23
                                                  7            2
                                                               1
                                                                         3
                                                                         1
                                                                                   3
                                                                                   6    t
                                                                                               ,1
                                                                                               37
                                                                                                             1
                                                                                                             3         1
 France ,              1           1
 Ireland               0           0              0            0         0         0    I       0            0         0
 Italy                 0           0              0            0         0         0    f      41          62         58
 Portuqal              0           0              0            0         0         0            3            0         3
 United Kingdom      10            9            14             3         2         0            0          12         16
                  '265 J        114            197          185        164       156          Ϊ0*         104        122
  On the basis of this information and the estimated needs of Member States ,
  the following initial percentages can be allocated :
                                                                                                      ( tonnes )
  Member State   Cod , Sai the          Fi llets of          Caviar           Prepared       Other             Shrimps
                 haddock                cod                  substitutes herring             prepared            and
                                                                                             fish                prawns
  Benelux          0.64                     1.13                    0            6.25            38.22            5.15
  Denmark         87.41                    25.00                   10.88        27.78            38.62           11.82
  Germany          0.84                     8.03                   34.20        53.64            19.01            9.70
  Greece           0                        0                      16.06         0                0               0.30
  Spain            8.11                    63.86                    6.73         2.26             1.58            1.52
  France           0.85                     1.98                   31.61         4.34             1.58           12.42
  Ireland          0                        0                       0            0                0               0
  Italy            0                        0                       0            0                0               0
  Portugal         0.08                     0                       0            0                0               1.82
  United Kingdom   2.07                     0                       0.52         5.73             0.99            8.48
 ---pagebreak---                                     -4-
The Commission is aware that the transuosition of certain tariff concenssions
from the Common Customs Tariff to the Combined Nomenclature might raise problems
which would need to be settled between the parties concerned .  It may there ¬
fore amend its proposal in the course of the procedure in order to adapt it ,
where necessary , to requirements .
 ---pagebreak---                                                        Proposai for
                                        COUNCIL REGULATION ( EEC) No
                                                      of
                     opening , allocating and providing for the administration of Community tariff
                             quotas for certain fishery products originating in Sweden ( 1988 )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Article 113
  thereof,
   Having regard to the Act of Accession of Spain and
   Portugal,
   Having regard to the proposal from the Commission,
   Whereas an agreement between the European Economic
   Community and Sweden was concluded on 22 July 1972 ;
   whereas, following the accession of Spain and Portugal to
   the Community, an agreement in the form of exchange of
   letters was concluded and approved by the
 Council Decision of 15 September 1986 :
   Whereas the latter agreement provides for the opening of
   Community tariff quotas at a reduced rate of duty or at
   zéro duty
          for certain fishery products originating in Sweden ;
    whereas, therefore, the tariff quotas in question should be
    opened for the period 1 January to 31 December 1988 ;
Whereas the Community has adopted , with effect from 1 January 1988 , a
Combined Nomenclature for goods which meets the requirements of the
Common Customs Tariff and the Nomenclature of Goods for the External
Trade Statistics of the Community and Statistics of Trade between Member
States ; whereas in order to accomodate specific Community measures this
Nomenclature has been expanded into an integrated tariff of the European
Communities ( TARIC ) ; whereas , with effect from the date given above ,
the Combined Nomenclature and , where appropriate , the TARIC code numbers
should be used for the description of the products covered by this
Regulation ;
Whereas equal and continuous access to the quotas should be ensured for
all Community importers and the rates laid down for the quotas should be
applied consistently to all imports until the quotas are exhausted ;
whereas , in the light of these principles , allocation of the tariff quotas
among the Member States would seem to preserve the Community nature of
the quotas ; whereas in order to correspond as closely as possible to
the real trend of the market the allocation should reflect the requirements
of the Member States based on statistics of imports from Sweden during a
representative reference period and on the economic outlook for the quota
year in question ;
( 1 ) OJ No L 328 , 22.11.1986 , p. 89
 ---pagebreak---                                                                      -2-
   Whereas, during the last three years for which statistics
   are available, imports into each of the Member States were
   as follows :
                          Cod , saithe ,                   Fillets of cod .              Caviar substitutes
                          haddock , fresh of               fresh or frozen
                          chi lied
 Member State             1984      1985       1986   1984       1985    1986     1984      1985      1986
 Benelux                    81       189        182      7         24       9        o         0          0
 Denmark               23 280    ¿0  .'88    18 568    222        392     270                 19          1
 Germany                   152       -I 1         12   in         128      41       <8         6        7?
 Greece                      0          1)         0     0           0      0       20          7         4
 Spain                     001    2 on          7 42   997        985     276                  5          5
 France                    273       158        170     42         24       4       35        23          5
 Ireland                     0          0          0     0           0      0        0         0          0
 Italy                       0          0          0     0    1      o      0        0         0    ;     0
 Portugal                   37          0         20     0    ί      0      0        0         0    1     0
 United Kingdom            502       516        454      0    !      0      0        0         0    i     o
                        27 326   23 585      20 168  1 381      1 553     602       96        60        37
                    °repared or preserved               Oth*r prepared or              Shrimps and prawns
                    herring                             preserved fish
Whereas during the years under consideration , the products in question
were imported only by certain Member States and not at all by the other
Member States ; whereas , under these circumstances , initial shares should
be allocated to the importing Member States and the other Member States
should be guaranteed access to the tariff quotas when notification is given
of imports into those States of the products concerned ; whereas these
arrangements for allocation will also ensure uniform application of the
Common Customs Tariff ;
Whereas , in view of these factors , the initial percentage                                                    shares of the
quota volumes can be expressed approximately as follows :
                                                                                               ( tonnes )
   Member State    Cod , Sai the        Fi llets of       Caviar            Prepared    Other         Shrimps
                   haddock              cod              substitutes herring            prepared        and
                                                                                        fish            prawns
   Benelux            0.64                   1.13                  0           6.25        38.22          5.15
   Denmark           87.41                 25.00                 10.88        27.78        38.62        11.82
   Germany            0.84                  8.03                 34.20        53.64        19.01          9.70
   Greece             0                      0                   16.06         0            0             0.30
   Spa in             8.11                 63.86                   6.73        2.26         1.58          1.52
   France             0.85                   1.98                31.61         4.34         1.58        12.42
   Ireland            0                      0                     0           0            0             0
   Italy              0                      0                     0           0            0             0
   Portugal           0.08                   0                     0           0            0             1.82
   United Kingdom     2.07                   0                     0.52        5.73         0.99          8.48
 ---pagebreak---                                     -3-
Whereas , to allow for the trends of imnorts of the products concerned
in the various Member States , the quot * volumes should be divided into
two parts , the first being allocated among certain Member States and
the second held as a reserve to cover any subsequent requirements of
Member States which have used up their initial shares and any requirements
which might arise in the other Member States ; whereas , to afford importers
in each Member State some degree of certainty, the first part of the tariff
quotas should be set at a livel which in this case could be 60 % or 67 % of
each quota volume ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in order to avoid any break in the continuity of
supplies on this account , it should be provided that any Member State which
has almost used up one of its initial shares should draw an additional
share from the corresponding reserve ; whereas each time one of its
additional shares is almost used up a Member State should draw a further
share and so on as many times as the reserve so allows ; whereas each of
the initial and additional shares must be valid until the end of the
quota period ; whereas this form of administration requires close
cooperation between the Member States and the Commission and the latter
must be able to monitor the extent to which the quota volumes have been
used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity
of a Member State 's initial share remains unused , it is essential that
the Member State concerned should return a significant proportion thereof
to the corresponding reserve in order to prevent part of the Community
tariff quotas from remaining unused in one Member State when it could
be used in others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented
by the Benelux Economic Union , any operation concerning the administration
of the quota shares allocated to that economic union may be carried out
by any one of its members ,
HAS ADOPTED THIS REGULATION ï
                                  Article 1
1.   From 1 January to 31 December 1988, the customs duty applicable to
     imports of the following products originating in Sweden shall be
     suspended at the levels indicated and within the limits of Community
     tariff quotas as shown below :
 ---pagebreak---                                   -4-
 Order  Combined             Description                  Quota      Rate of
 No     Nomenclature                                      volume      duty
        code                                              ( tonnes )  (%)
           0302       Fish , fresh or chilled , excluding
                      fish fillets and other fish meat
                      of heading No 0304 :
        ex 0302 50 00 - Cod ( Gadus morhua , Gadus ogac ,
                        Gadus macrocephalus ), excluding
                         livers and roes :
09.0601               - of the species Gadus morhua        3 500         0
                      – Other fish , excluding livers
                        and roes :
           0302 62 00 – Haddock ( Melanogrammus
                          aeglef inus )
           0302 63 00 – Coalfish ( Pollachius virens )
           0304       Fish fillets and other fish meat
                      (whether or not minced ), fresh ,
                      chi lied or frozen :
           0304 10    - fresh or chi l led :
09.0603               – Fillets :                          1 500          0
                      - Other :
        ex 0304 10 31 - Of cod ( Gadus morhua , Gadus
                            ogac , Gadus macrocephalus )
                            and of fish of the species
                            Boreogadus saida :
                            - of the species Gadus morhua
           1604       Prepared or preserved fish ; caviar
                      and caviar substitutes prepared
                      from fish eggs :                         250        0
                      - Fish , whole or in pieces , but
                        not minced
           1604 12    – Herrings :             '
09.0605    1604 12 90 1– 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    1604 30 90 – Caviar substitutes                      60        0
           1605       Crustaceans , molluscs and other
                      aquatic invertebrates , prepared
                      or preserved :
        ex 1605 20 00 - Shrimps and prawns :                   120        7.5
09.0611               – shelled or frozen ,
                          excluding shrimps and
                          prawns of the " Crangon "
                          variety
 ---pagebreak---                                            -5-
2 . Within the limits of the tariff quotas laid down in paragraph 1 , Spain
      and Portugal shall apply the duties shown in the following table :
                                                                            (Z)
       Order Number                         Spa i n               Portugal
      09.0601                                 0                       0
      09.0603                                 0                       0
      09.0605                                 8.6                    18.8
      09.0607                                 8.6                    18.8
      09.0609                                 8.6                    18.8
      09.0611                                 6.6                    21.6
3.    Imports of the products in question may not be charged against the
      quotas referred to in paragraph 1 unless the f ree-at -f rontier price,
      which is determined by the Member States pursuant to Article 21 of
      Regulation ( EEC ) No 3796 /81 ( 1 ) is at least equal to the reference
      price , if such a price has been fixed by the Community for the products
      in question .
4.    The protocol on the definition of the concept of originating products
      and on methods of administrative cooperation , annexed to the Agreement
      between the European Economie Community and Sweden , shall be applicable .
                                         Article 2
1.    The tariff quotas laid down in Article 1 (1 ) shall be divided into two
      parts .
2.    The first part of the quota shall be allocated among certain Member
      States ; the respective quota shares , which , subject to Article 5 ,
      shall be valid until 31 December 1988, shall be as follows :
Member States      Order No    Order No      Order No   Order No     Order No   Order No
                   09.0601     09.0603       09.0605    09.0607      09.0609    09.0611
Benelux                   13          11             10         -
                                                                            52          4
Denmark               1 836         250              46         4           52          9
Germany                   18          80             89       14            26          8
Greece                     -            -             -
                                                                6            -
                                                                                        1
Spain                    170        639               4         2            2          1
France                    18          20              7       13             2        10
Italy                      -            -             -         -            -
                                                                                      39
Portugal                   2            -             -         -            -
                                                                                        1
United Kingdom            43            -
                                                      9         1            1          7
                      2 100       1 000             165       40           135        80
3.    The second part of the quota , amounting to :
      - for   order no :  09.0601 :       1 400 tonnes
      - for   order no :  09.0603 :         500 tonnes
      - for   order no :  09.0605 :          85 tonnes
      - for   order no :  09.0607 Ï          20 tonnes
      - for   order no :  09.0609 :          65 tonnes
      - for   order no :  09.0611 :          40 tonnes
      shall   constitute  the reserve .
( 1 ) 0J No L 379, 31.12.1981 , p. 1
 ---pagebreak---                                      -6-
4. If an iiiporter gives nocif ication of imminent imports of one of thè
   produrti 5n question irttc a Member State not participating in thè
   originai allocation and applies to take advantage of thè corresponding
   quota tne Member State concerned shall inforni thè Commission and draw
   an amourst corresponding to its requi rements to thè extent that thè
   available balar.ce of thè reserve so permits .
                                    Article 3
1. If a Member State has used 90 % or more of one of its initial shares
   as specified in Article 2 ( 2 ), or of that share less any portion
   returned to the corresponding reserve pursuant to Article 5 , it shall
   forthwith , by notifying the Commission and to the extent that the
   reserve so permits , draw a second share equal to 10 % of its initial
   share , rounded up where necessary to the next whole number .
2. If , after one of its initial quota shares has been used up , a Member
   State has used 90 % or more of its second share as well , it shall
   forthwith , using the procedure provided for in paragraph 1 , draw a
   third share equal to 5 % of the initial share , rounded up where
   necessary to the next whole number .
3. If , after one of its second shares has been used up , a Member State has
   used 90 % or more of its third share , it shall , using the procedure
   provided for in paragraph 1 , draw a fourth share equal to the third .
   This process shall continue until the reserve is used up .
4. By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw
   smaller shares than those specified in the said paragraphs if there is
   reason to believe that they might not be used in full .    Member States
   shall inform the Commission of their reasons for applying this paragraph .
                                    Article 4
   Each of the additional shares drawn pursuant to Article 3 shall be valid
   until 31 December 1988 .
                                    Article 5
   By 1 October 1988 at the latest Member States must return to the reserve
   the unused portion of their initial share which , on 15 September 1988 ,
   is in excess of 20 % of the inital volume .    They may return a greater
   portion if there is reason to believe that it might not be used .
   By 1 October 1988 at the latest Member States must notify the Commission
   of the total quantities of the products concerned imported on or before
   15 September 1988 and charged against the Community quotas and of any
   portion of their initial shares that they are returning to the reserve .
                                    Article 6
   The Commission shall keep account of the shares drawn by Member States
   pursuant to Articles 2 and 3 and shall inform each Member State of
   the extent to which the reserves have been used up as soon as it has
   been notified .
 ---pagebreak---                                    -7-
    It shall inform the Member States not later than 5 October 1988 of
    the state of each of the reserves following any return of quota
    shares pursuant to Article 5 .
    It shall ensure that the drawing which exhausts the reserve does
    not exceed the balance available , and to this end shall notify the
    amount of that balance to the Member State making the final drawing .
                                   Article 7
1.  Member States shall take all appropriate measures to ensure that
    additional drawings of shares pursuant to Article 3 enable imports
    to be charged without interruption against their accumulated
    shares of the Community quotas .
2.  Member States shall ensure that importers of the products concerned
    hâve free access to the quota shares allocated to them .
3.  Member States shall charge imports of the products concerned against
    their shares as and when the goods are entered with the customs
    authorities for free circulation .
4.  The extent to which a Member State has used up its shares shall be
    determined on the basis of imports of the products concerned originating
    in Sweden and entered with the customs authorities for free circulation .
                                    Article 8
At the request of the Commission , Member States shall inform it of imports
actually charged against their quota shares .
                                    Article 9
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .
                                   Article 10
This Régulation shall enter into force on HJanuary 1988 .
This Régulation shall be binding in its entirety and directly applicable
in âll Member States .
Done at Brussels ,
                                                  For the Council
                                                   The President