CELEX: 51996PC0379
Language: en
Date: 1996-07-23
Title: Proposal for COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (second series 1996)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           Brussels, 23.07.1996
                                           COM(96) 379 final
                           Proposal for a
                COUNCIL REGULATION (EC)
    opening and providing for the administration of autonomous
Community tariff quotas for certainfisheryproducts (second series 1996)
                 (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
During the annual global review by the Council of autonomous preferential arrangements for
fishery products, the Commission services conducted a study of the markets and supply needs for
user industries in 1996. Subsequently the Council adopted Regulation (EC) N° 789/96 opening
and providing for the administration of autonomous Community tariff quotas for certain fishery
products (1996)
Following the receipt of a request from a Member State, the Commission services considered
whether it would be opportune to open an autonomous Community tariff quota for herrings, for
the remainder of 1996.
The Community and Norway have concluded an agreement for 1996 with a view to dealing with
the biological crisis for herring in the North Sea. This agreement provides for a 50% which
heavily cuts back the reduction in catches of this fish, provides for normal supply source of
herrings from this sea area for processing and consumption.
Taking account of this requirement of the Community's internal and external policies, the
Commission proposes that an autonomous tariff quota should be opened, for the rest of the year,
for 40 000 tonnes of whole herring fresh or chilled. Whist respecting the roles and obligations of
the common organisation of the markets this measure should ensure that the processing industries
receive a supply in conditions which reflect the international market situation, current and
forecastable.
This is the purpose of the attached proposal.
                                                  L
 ---pagebreak---                                               Proposal for
                             COUNCIL REGULATION (EC) No
                    opening and providing for the administration of autonomous
              Community tariff quotas for certain fishery products (second scries 1996)
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community, and in particular Article 28,
thereof,
Having regard to the proposal from the Commission,
Whereas Community supplies of certain species of whole herrings whole currently depend on
imports from third countries; whereas it is in the Community's interest to suspend in part or in
whole the customs duties for the products in question, within 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 those quotas for the rest of 1996 ;
Whereas, by Regulation (EC) N° 789/96l, the Council opened autonomous tariff quotas for
 certain fishery products for 1996;
Whereas it is necessary, in particular, to ensure for all Community importers equal and
uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates
laid down for the quotas to all imports of the products concerned into all Member States until the
quotas have been used up;
Whereas the decision for the opening of autonomous tariff quotas should be taken by the
 Community; whereas, to ensure the efficiency of a common administration of these quotas, there
 is no reasonable obstacle to authorising the Member States to draw from the quota-volumes the
 necessary quantities corresponding to actual imports; whereas, however, this method of
 administration requires close cooperation between the Member States and the Commission and
the latter must in particular be able to monitor the rate at which the quotas are used up and
 inform the Member States accordingly;
 HAS ADOPTED THIS REGULATION:
                                                Article J
 1.       From the date of entry into force of this regulation until 31 December 1996, the customs
          duties applicable on importation to products listed in the Annex shall be suspended at the
          levels and within the limits of the Community tariff quota indicated for each product.
 2.       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 States
          in accordance with Article 22 of Regulation (EEC) No 3759/92 of 17 December 1972 on
          the common organisation of the market in fishery and aquaculture products2, as last
          amended by Council Regulation (EC) No 3318/943, 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.
 1
      OJN0LIO8, 1.5.1996, p. 8.
 2
      OJNoL388, 31.12.1992, p. 1.
 3
      OJNoL350, 31.12.94, p. 15.
 ---pagebreak---                                                Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take
all appropriate administrative measures in order to ensure effective administration thereof.
                                               Article 3
If an importer presents in a Member State an entry for release for free circulation, including a
request for preferential benefit for the product covered by this Regulation and if this entry for
release is accepted by the customs authorities, the Member States concerned shall inform the
Commission and draw an amount corresponding to its requirements from the corresponding quota
amount.
The drawing request, with indication of the date of acceptance of the said entries, must be
transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the entries
for release for free circulation by the customs authorities of the Member States concerned to the
extent that the available balance so permits.
If a Member State does hot use the quantities drawn it shall return them as soon as possible to the
corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation
shall be made on a pro rata basis with respect to the requests. Member States shall be informed
by the Commission of the drawings made.
                                               Article 4
Each Member State shall ensure that importers of the products concerned have equal and
uninterrupted access to the quotas for such time as the residual balance of the quota volumes so
permits.
                                              Articles 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is
complied with.
                                               Article 6
This Regulation shall enter into force on the 7th day following that of its publication in the
 Official Journal of the European Communities.
 This Regulation shall be binding in its entirety and directly applicable in all Member States.
 Done at Brussels
                                                            For the Council
                                                            The President
                                                       <*
 ---pagebreak---                                                             ANNEX
 Series                         TARIC                                                                         Amount of   Quota
Number        CN code             Sub                            Description of goods                             quota    duty
                                division                                                                        (in tons)  (%)
09.2788    ex 0302 40.98           10        Herrings (Clupea harengus, Clupea pallasii),excluding
           ex 0303 50 98           10        livers and roes, fresh or chilled for industrial                    40 000     0
                                             manufacture (aXb)
      (a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.
      (b) This quota is available for products intended to undergo any operation, unless it is solely for 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.
          However the quota is not available for products intended, in addition to undergo treatment (or operations)
          which giver quota entirlement, 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.
 ---pagebreak--- FINANCIAL RECORD
1.     Budget line concerned : Chap. 12 Art. 120
2.     Legal basis : Art. 28 of the Treaty
3.     Title of the tariff measure concerned : Proposal for Council Regulation opening and
       providing for the administration of Community tariff quotas, for certain fishery products
4.     Objective : To ensure an adequate supply for Community user industries
5.     Method of calculation:
     Order     CN rate of     Rate of     Estimated   Volume of     Foreseen     Loss of revenue
    number        duty         duty         price        quota       revenue           (ECU)
                  (%)           (%)        ECU/T       (ECU/T)
    09.2788        15            0           275        40 000          0            1.165.000
                                                    Total foreseen revenue: 0
                                                    Total loss: 1 650.000 ECU
       On the basis of the available Community statistics for 1995, the cost of this tariff-
       measure is estimated at 1 650 000 ECU.
6.     Fight against fraud: Provisions on the management of these tariff quotas include the
       measures necessary for preventing frauds and irregularities and protecting against them.
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 379 final
                                             DOCUMENTS
EN                                                                       02 03
                                    Catalogue number : CB-CO-96-379-EN-C
                                                             ISBN 92-78-07336-9
Office for Official Publications of the European Communities
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