CELEX: 51994PC0065
Language: en
Date: 1994-03-07
Title: Proposal for COUNCIL REGULATION (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (1994)

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                                  C0M(94) 65 final
                                                                  Brussels, 07.03.1994
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                                                     Proposal for
                                               COUNCIL REGULATION (EC)
                             opening and providing for the administration of autonomous
                            Community tariff quotas for certain fishery products (1994)
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 ---pagebreak---                                         1
                             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
  1994.
X
  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 tariff quotas, to ensure continuation of Community
  production in accordance with 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 quotas 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, according to this proposal, these tariff measures should be
  opened from 1 April 1994 for a period extending to 31 December 1994 in
  order to allow planning of supply to the industry without destabilizing the
  revenue of Community producers.
  This is the purpose of the attached proposal.
 ---pagebreak---                                                    Proposal for
                                  COUNCIL REGULATION (EC) No                  l$±
                                                   Of
                opening and providing for the administration of autonomous
                Community tariff quotas for certain fishery products (1994)
  THE COUNCIL OF THE EUROPEAN UNION
                                                               tration of the tariff quotas may be carried out by any of its
                                                               members,
 Having regard to the Treaty establishing the European
               Community, and in particular Article 28,
 thereof,
                                                               HAS ADOPTED THIS REGULATION
 Having regard to the proposal from the Commission,
                                                                                          Ankle 1
 Whereas Community supplies of certain species of fish or
 fish fillets currently depend on imports from third coun-      1.    From 1 April to 31 December 1994 t n e customs
 tries ; whereas it is in the Community's interest to          duties applicable on importation to products listed in the
 suspend partially the customs duties for the products in      Annex shall be suspended at the levels and within the
 question, within Community tariff quotas of an appro-         limits of the Community tariff quotas indicated for each
 priate volume ; whereas, in order not to jeopardize the       product.
 development prospects of this production in the Commu-
 nity and to ensure an adequate supply to satisfy user         2.     Imports of the products in question shall not be
 industries, it is advisable to open these quotas for the      covered by the quotas referred to in paragraph 1 unless
 period from 1 April to 31 December 1994» applying             the free-at-frontier price, which is determined by the
 customs duties varied accordingly to sensitivity of the       Member States in accordance with Article 24 of Regula-
 different products on the Community market ;                  tion (EEC) No 3687/91 of 28 November 1991 on the
                                                               common organization of the market in fishery
                                                               products ('), is at least equal to the reference price fixed,
  Whereas it is necessary, in particular, to ensure for all    or to be fixed, by the Community for the products under
  Community importers equal and uninterrupted access to         consideration of the categories of the products concerned.
  the said quotas and to ensure the uninterrupted applica-
  tion of the rates laid down for the quotas to all imports of
  the products concerned into all Member States until the
                                                                                           Article 2
  quotas have been used up ;
                                                                The tariff quotas referred to in Article 1 shall be managed
  Whereas the decision for the opening of autonomous            by the Commission, which may take all appropriate
   tariff quotas should be taken by the Community ;             administrative measures in order to ensure effective admi-
  whereas, to ensure the efficiency of a common adminis-        nistration thereof.
   tration of these quotas, there is no reasonable obstacle to
  authorizing the Member States to draw from the quota-
. volumes the necessary quantities corresponding to actual                                 Article 3
  imports ; whereas, however, this method of administration
  requires close cooperation between the Member States          If an importer presents in a Member State an entry for
  and the Commission and the latter must in particular be       release for free circulation, including a request for prefe-
  able to monitor the rate at which the quotas are used up      rential benefit for a product covered by this Regulation
  and inform the Member States accordingly ;                    and if this entry for release is accepted by the customs
                                                                authorities, the Member States concerned shall inform the
  Whereas, since the Kingdom of Belgium,      the Kingdom of     Commission and draw an amount corresponding to its
  the Netherlands and the Grand Duchy         of Luxembourg      requirements from the corresponding quota amount.
  are united within, and jointly represented  by, the Benelux
   Economic Union, any operation relating     to the adminis-   (') OJ No L 354, 23. 12. 1991, p. 1.
 ---pagebreak--- The drawing requests, with indication of the date of                                      Article 4
acceptance of the said entries, must be transmitted to the
Commission without delay.                                       Each Member State shall ensure that importers of the
                                                                products concerned have equal and uninterrupted access
The drawings are granted by the Commission by
                                                                to the quotas for such time as the residual balance of the
reference to the date of acceptance of the entries for
                                                                quota volumes so permits.
release for free circulation by the customs authorities of
the Member States concerned to the extent that the
available balance so permits.
                                                                                          Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the corresponding      The Member States and the Commission shall cooperate
quota amount.                                                   closely to ensure that this Regulation is complied with.
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                                     Article 6
States shall be informed by the Commission of the
drawings made.                                                  This Regulation shall enter into force on 1 April 1994
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                              The President
 ---pagebreak---                                                                                           5*
                                                                               ANNEX
                                                                                                                             Amount           Quota duty
    Series No              CN code
                                                                             Description                                     of quota             ("/.)
                               (')                                                                                         (in tonnes)
     09.2753           ex  0302    50         Cod (Gadus morhua, Gados ogac, Gadus macrocephalus), and                        30 000               6
                       ex  0302    69 35      fish of the genus Boreogadus saida, excluding, livers, roes,
                       ex  0303    60         presented fresh, chilled or frozen, for processing
                       ex  0303    79 41      (a) (b) ., >
     09.2773           ex 030613 10           Shrimps and prawns of the species Pandalus borealis, in shell,                6 000'                  6
                       ex 0306 23 10           fresh, chilled or frozen, for processing (a) (b)
  09.2758'
                                                Cod livers (Gadus morhua, Godos ogac,                                           300                0
                                                Gadus macrocephalus), and fish liver of
                     »x 0 3 0 2 7 0 0 0          the genus Boreogadus saida, for processing
                                            ,    (a) (b)
     092779                                    Surimi, frozen, for processing (a) (b)                                        2 000                  6
(a) Control of the   e x use
                          0 3for
                             0 4 this
                                    9 0 special
                                         05      purpose shall be carried out pursuant to the relevant Community provisions.
(b) The quota shall apply to products intended to undergo any operation unless they are intended to undergo esclusively one or more of the following opera-
     tions :
     — 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 (for operations) qualifying for the quota where such treatment (for opera-
      tions) is (are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended for human consumption.
 (') See Taric codes in the Annex.
 ---pagebreak---           Annex   to the   Annex
Series No        CN code         Tarie code
 09.2753       ex  0302 50 10     (^19
               ex  0302 50 90        Ml
               ex  0302 50 90       *9l
               ex 0302 69 35        ' 10
               ex  0303 60 11       * 10
               ex 0303 60 19        ' 10
               ex 0303 60 90        * 10
               ex 0303 79 41        * 10
09.2758 '     ex   0302 70 00      *20
 09.2773       ex 0306 13 10        * 10
               ex 0306 23 10        * 11
               ex 0306 23 10        '91
 09.2779      ex 0304 90 05         *10
 ---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 (1994)
4.    Object ive : To ensure an adequate supply for Community user
      industr ies
      Cost of this tariff-measure :
      On the basis of the available Community statistics, the cost of this
      tariff-measure is estimated at 4 191 000 ecus.
 ---pagebreak---                                                   5
                                                                     ISSN 0254-1475
                                                               CO M (94) 65 final
                                                      DOCUMENTS
EN                                                                          03 02
                                Catalogue number : CB-CO-94-069-EN-C
                                                             ISBN 92-77-65777-4
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