CELEX: 51988PC0454
Language: en
Date: 1988-09-13
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fillets of certain cods and of fish of the species of Boreogadus saida, originating in Norway (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 454
Vol. 1988/0164
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(88 ) 454 final
                                            Brussels , 13 September 1988
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
       tariff quota for fillets of certain cods and of fish of the
         species of Boreogadus saida , originating in Norway ( 1989 )
                       ( presented by the Commission )
 ---pagebreak---                                                                                     Z,
                                   EXPLANATORY MEMORANDUM
1.        The agreements in the form of an exchange of Letters lre tween the European
          Economic Gomnunity and the Kingdom of Norway concerning agriculture and
          fisheries , approved by Oouncil Decision of 15 September 1986 ( 1 ), provide
          in particular for the opening of an annual Community tariff quota of 3 000
          tonnes at zero duty for fillets of cod of the species Gadus morhua , Gadus
          ogac and of fish of the species Boreogadus saida , dried , salted , or in
          brine , originating in Ncrvray , falling within subheading 0302 A II a) of the
          Garmon Customs Tariff or code 0305 30 19 of the Gombined Nomenclature which
          entered into force cn 1 January 1988 .
2.        The purposes of this proposal is to implement the tariff quota for the
          period 1 January to 31 Decanber 1989 .
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 Mariber States who are
             regular importers and the second being a reserve intended to cover any
             additional needs of these Mariber States , as well as the needs that could
             arise in the other Member States ;
          -  the allocation of the initial shares to the Member States is based on
             the available statistics of past imports from Norway over the last three
             years and cn the estimated needs of the Member States over the quota
             period .
( 1 ) OJ No L 328 , 22.11.1986 , p. 76
 ---pagebreak--- Figures for Ccmnunity imports fran Norway over the last three years are as
fol Lows :
Manber State      1984       1985       1986
Benelux               0         1          0
Denmark             10          2         21
Germany               0         0          0
Spain                 0         0          0
Greece              11          0         14
France                8        19         24
Ireland               0         0          0
Italy            2 691      2 354      1 390
Portugal              0         0          0
United Kingdom        0         0          0
                 2 720      2 376      1 449
On the basis of this information ana the estimated needs of Member States ,
the following initial percentages can be allocated :
Member State
Denmark          0.50
Spain            0.18
Greece           0.21
France           0.79
Italy           98.32
 ---pagebreak---                                                     Proposai for a
                                           COUNCIL REGULATION (EEC) No
                                                    of
                  opening, allocating and providing for the administration of a Community tariff quota for
                  fillets of certain cod and of fish of the species Boreogadus saida,
                                                                        originating in Norway ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         imports from Norway during a representative reference
                                                                  period and to the economic outlook for the quota year
                                                                  in question ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                          Whereas during the latest years for which statistics are
                                                                  available , imports into each of the Member States were
                                                                  as follows :
Having regard to the Act of Accession of Spain and
Portugal ,                                                                                                           (tonnes)
                                                                                                       1984    1985   1986      1987
Having regard to the proposal from the Commission,
                                                                  Benelux                                  0       0      1       0
Whereas an Agreement between the European Economic                Denmark                                72       10      2      21
Community and the Kingdom of Norway was concluded                 Germany                                  0       0      0
                                                                                                                                  o
                                                                  Greece                                   0      11      0
on 14 May 1973 ; whereas , following the accession of             Spain                                  37        0      0
                                                                                                                                  n
Spain and Portugal to the Community, an Agreement in                                                                             14
                                                                  France                                 58        8     19      24
the form of an Exchange of Letters was concluded and              Ireland                                  0       0      0       Q
approved by Council Decision 86 / 557/EEC (‘)j                    Italy                               4 5P9   2 691  2 354    1 390
                                                                  Portugal                                 0       0      0       0
                                                                  United Kingdom                           0       0      0       0
Whereas the said Agreement provides in particular for
the opening of a Community tariff quota at zero duty
for fillets of certain cod and of fish of the species Bore¬                                           4 756   2 720  2 376    1 449
ogadus saida, originating in Norway; whereas, therefore,
the tariff quota in question should be opened for the
period 1 January to 31 December 198 9 ;
                                                                  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 in these circumstances initial shares
                                                                  should be allocated to the importing Member States and
                                                                  the other Member States should be guaranteed access to
                                                                  the tariff quota when imports into those States of the
                                                                  products concerned are notified ; whereas these
                                                                  arrangements for allocation will equally ensure the
                                                                  uniform application of the Common Customs Tariff;
                                                                  Whereas, in view of these factors, the initial percentage
                                                                  shares of the quota volume can be expressed approxi¬
                                                                  mately as follows :
Whereas equal and continuous access to the quota
                                                                              Denmark
 should be ensured for all importers and the rate laid
down for the quota should be applied consistently to all                      Greece
                                                                              Spain
                                                                                                                m
 imports until the quota is used up ; whereas, in the light                                                     0,79
                                                                              France
 of these principles, allocation of the tariff quota among                                                   98,32
 the Member States would seem to preserve the                                 Italy
 Community nature of the quota ; whereas , in order to
 correspond as closely as possible to the actual devel¬           Whereas , to allow for import trends for the products
 opment of the market in the said product, the allocation         concerned, the quota volume should be divided into two
 should reflect proportionately the requirements of the           parts, the first being allocated among the Member States
 Member States calculated with reference to statistics of         and the second held as a reserve to cover any subsequent
                                                                  requirements of Member States which have used up their
 ( ') OJ No L 328 , 22 . 11 . 1986, p. 76.                        initial share ; whereas, to afford importers some degree
 ---pagebreak---   of certainty, the first part of the tariff quota should be                    concerned return a significant proportion thereof to the
  set at a high level , which in this case could be 54 % of                     reserve in order to prevent part of the Community tariff
  the quota volume ;                                                            quota from remaining unused in one Member State while
                                                                                it could be used in others ;
  Whereas initial shares may be used up at different rates ;
  whereas, in order to avoid any break in the continuity of                     Whereas, since the Kingdom of Belgium , the Kingdom
  supplies on this account, it should be provided that any                      of the Netherlands and the Grand Duchy of
  Member State which has almost used up its initial share                       Luxembourg are united within and jointly represented by
  should draw an additional share from the reserve ;                            the Benelux Economic Union, any measure concerning
  whereas, each time its additional share is almost used up ,                   the   administration   of the     shares  allocated      to that
  a Member State should draw a further share and so on
                                                                                economic union may be carried out by any one of its
  as many times as the reserve allows ; whereas the initial                     members ,
 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                           HAS ADOPTED THIS REGULATION :
 and the Commission and the latter must be able to
 monitor the extent to which the quota volume has been                                                     Article 1
 used up and inform the Member States accordingly ;
                                                                                 1.   From 1 January to 31 December 1989 the customs
 Whereas if at a given date in the quota period a                               duty applicable to imports of the following product shall
 considerable quantity of a Member State’s initial share                        be suspended at the level indicated and within the limits
 remains unused , it is essential that the Member State                         of a Community tariff quota as shown herewith :
      Order No        CN code                                      Description                           Quota volume          Rate of duty
                                                                                                            (tonnes )               ( %)
       09.0709      0305 30 19             Fillets of cod of the species Gadus morbua and Gadus              3 000                    0
                                           ogac, and fish fillets of the species Boreogadus satda,
                                           dried , salted or in brine, originating in Norway
 Within the limits of this tariff quota , the Kingdom of                        2.    The first part of this quota shall be allocated among
 Spain and the Portuguese Republic shall apply duties of                       certain member States . The quota shares shall, subject to
3,4 °/o and 0 % respectively.                                                  Article 5 , be valid until 31 December 1989 and shall be
                                                                                as follows :
                                                                                                                         (in tonnes)
 2 . Imports of the products in question shall not be                                      Denmark                                  8
 eligible under the tariff quota referred to in paragraph 1                               Greece                                    3
 unless the free- at-frontier-price, which is determined by                                                                         ■2
 the Member States in accordance with Article 21 of                                        Spain                                  1*7
                                                                                                                                   IJ
                                                                                           France
 Regulation (EEC) No 3796/ 81 (') as last amended by                                                                          1 593
 Regulation (EEC) No 2315/ 86 (2) is at least equal to the                                 Italy
 reference price set or to be set by the Community for the
 product or categories of products under consideration.
                                                                                3.    The second part of the quota, amounting to -] 3gg
                                                                               tonnes , shall constitute the reserve .
 3 . The Protocol on the definition of the concept of
 originating products and on methods of administrative
 cooperation , annexed to the Agreement between the                             4 . If an importer indicates that a consignment of the
 European Economic Community and the Kingdom of                                 products in question is to be imported into a Member
 Norway, shall apply.                                                           State not included in the initial allocation and applies to
                                                                                use the quota, the Member State concerned shall inform
                                                                               the Commission and draw an amount corresponding to
                                                                                its requirements to the extent that the available balance
                                                                               of the reserve so permits.
                              Article 2
  1 . The tariff quota referred to in Article 1 ( 1 ) shall be                                             Article 3
 divided into two parts .                                                       1.    If a Member State has used 90 % or more of its
                                                                               initial share as specified in Article 2 (2), or of that share
                                                                               less any proportion returned to the reserve pursuant to
 ( ' ) OJ No L 379, 31 . 12 . 1981 , p. 1 .                                    Article 5, it shall forthwith, by notifying the
 (J) OJ No L 202, 25 . 7 . 1986, p. 1 .                                        Commission, and to the extent that the reserve so
 ---pagebreak---  permits, draw a second share, equal to 10 % of its initial                                Article 6
 share, rounded up where necessary to the next whole
 number.                                                          The Commission shall keep an account of the shares
                                                                  opened by the Member States pursuant to Articles 2 and
 2.    If, after its initial share has been used up, a
                                                                  3 and shall, as soon as the information reaches it, inform
                                                                  each State of the extent to which the reserve has been
 Member State has used 90 % or more of the second
share as well , it shall forthwith, using the procedure
                                                                  used up.
provided for in paragraph 1 , draw a third share equal to         It shall, not later than 5 October 1989 , inform the
5 °/o of its initial share, rounded up where necessary to         Member States of the amount still in reserve, following
the next whole number.                                            any return of shares pursuant to Article 5 .
                                                                  It shall ensure that the drawing which exhausts the
3.    If, after its second share has been used up, a              reserve does not exceed the balance available, and to this
Member State has used 90 % or more of its third share,            end shall notify the amount of that balance to the
it shall, using the procedure provided for in paragraph 1 ,       Member State making the last drawing.
draw a fourth share equal to the third .
                                                                                           Article 7
This process shall apply until the reserve is used up.
                                                                   1 . The Member States shall take all appropriate
4.    By way of derogation from paragraphs 1 , 2 and 3 ,          measures to ensure that additional drawings of shares
Member States may draw shares lower than those                    pursuant to Article 3 are carried out in such a way that
specified in those paragraphs if there are grounds for            imports may be charged without interruption against
believing that they may not be used in full. Member               their accumulated shares of the Community quota.
States shall inform the Commission of their reasons for
applying this paragraph .                                         2 . The Member States shall ensure that importers of
                                                                  the product in question have fit ? access to the shares
                                                                  allocated to them.
                            Article 4
                                                                  3.    The Member States shall charge imports of the
                                                                  product in question against their shares as and when the
Additional shares drawn pursuant to Article 3 shall be            product is entered with the customs authorities for free
valid until 31 December 1989.                                     circulation .
                                                                  4. The extent to which a Member State has used up
                                                                  its share shall be determined on the basis of the imports
                            Article 5                             charged in accordance with paragraph 3 .
Member States shall, not later than 1 October 1989>                                        Article 8
return to the reserve the unused portion of their initial
sha which, on 15 September 198 9 is in excess of 20 %             At the request of the Commission, the Member States
of        nitial volume. They may return a greater portion        shall inform it of imports actually charged against their
if there are grounds for believing that it may not be used        quota shares .
in full .
                                                                                           Article 9
Member States shall, not later than 1 October 1989,               Member States and the Commission shall cooperate
notify the Commission of the total quantities of the              closely to ensure that this Regulation is complied with.
product in question imported up to and including 15
September 198 9 and charged against the Community                                          Article 10
quota and of any portion of their initial Shares returned
to the reserve .                                                  This Regulation shall enter into force on 1 January 1989
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels ,
                                                                                      For the Council
                                                                                        The President
 ---pagebreak--- FICHE FINANCIERE
1.      L igne budgétaire concernée : Cnap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      Intitulé de la mesure tarifaire : Proposition de règlanent du
        Conseil portant ouverture , répartition et mode de gestion d' un
        contingent tarifaire ccrrmunautaire pour des morues et des poissons
        de l' espèce Boregadus saida , originaires de Norvège
4.      Objectif : Respecter les engaganents contractés par la Ccrrmunauté
        vis-à-vis de la Norvège
5.      Mode de calcul :
        - Volume du contingent : 3 000 tonnes
        - Droit à appliquer : 0 %
        - Droit applicable : 20 %
6.      Perte de recettes :
        Valeur d' une tonne : 4 366,7 écus
        Valeur totale : 13 100 100 écus
        Perte de recette ( 20 % ) : 2 620 020 écus
        Par rapport à 1988 , augmentation des pertes de 2 620 020 écus -
        2 488 453 écus = 131 562 écus
 ---pagebreak---                 Fiait'] D' IMPACT SUR LA COMPETITIVITE , 11 L‘ EMPLOI
  Cette proposition est formulée en conformité avec un engagement contractuel
  de la Communauté . L' impact découlant de cette concession a été pris en
  considération lors de la prise de décision d' adoption de ce contingent et
  il n"aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
  Communauté .
\