CELEX: 51995PC0687
Language: en
Date: 1995-12-15
Title: Proposal for a Council Regulation (EC) opening and providing for the administration of a Community tariff quotas for certain fishery products originating in Ceuta

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51995PC0687

Proposal for a Council Regulation (EC) opening and providing for the administration of a Community tariff quotas for certain fishery products originating in Ceuta  /* COM/95/0687 FINAL - CNS 95/0351 */  

Official Journal C 055 , 24/02/1996 P. 0008

Proposal for a Council Regulation (EC) opening and providing  for the administration of a Community tariff quotas for certain fishery products originating in  Ceuta(96/C  55/08)COM(95) 687 final - 95/0351(CNS)(Submitted by the Commission on 15  December 1995)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Spain and Portugal, and in particular the final  subparagraph of Article 25 (4) thereof, Having regard to Article 3 (3) of the Act of Accession, of Protocol 2 concerning the Canary Islands  and Ceuta and Melilla, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas, by virtue of Article 3 (2) of Protocol 2, certain fishery products originating in Ceuta  and Melilla are eligible, as of 1 January 1993, for exemption from customs duties in the customs  territory of the Community; whereas that exemption is granted within the limit of tariff quotas  calculated by product with reference to the average quantities actually disposed of during 1982,  1983 and 1984 in that part of Spain which is included in the customs territory of the Community or  exported to the Community as at present constituted; Whereas the products originating in Ceuta which have enjoyed the benefit of the tariff arrangements  set up by Protocol 2 are no longer exported to the Community because of a decrease in volume of  fish catches put on to the market; whereas the tariff quotas opened for Ceuta were not extended  beyond 31 December 1992 on this account; whereas live fry, juveniles and adults of sea bream and  bass henceforth replace these products in trade with the Community; Whereas Ceuta's location as an enclave on the African continent poses specific problems; whereas  the lack of both agriculture and industry leaves fishing as Ceuta's primary industry; whereas since  the crisis is occurring in that sector, aquaculture has the potential to offer Ceuta's economic  operators an alternative source of income to sea fishing; Whereas the Community accords some non-member countries preferential tariff treatment in the form  of exemption from customs duties for products of CN codes ex 0301  99  90, 0302  69  94 and 0302   69  95; whereas steps should be taken to ensure that the tariff treatment of such products  originating in Ceuta and imported into the Community is comparable to that accorded to certain  non-member countries; whereas the tariff arrangements applied to Ceuta need to be adjusted  accordingly; Whereas the joint declaration on Protocol 2 on the Canary Islands, Ceuta and Melilla is intended to  permit the substitution of products covered by Article 3 of the Protocol in question; Whereas, by Regulation (EC) No 1326/95  (1), the Council opened a Community tariff quota (09.0321)  for 1995 for live fry, juveniles and adults of sea bream and bass originating in Ceuta; Whereas the Kingdom of Spain has asked that the Commission open zero-duty Community tariff quotas  for live fry and juveniles of sea bream and bass originating in Ceuta; Whereas zero-duty Community tariff quotas should therefore be opened for the products in question  the volumes fixed on the basis of annual production at three million individual fish (fry and  juveniles) and 100 tonnes (adults); whereas the quota year must run from 1 January to 31 December  each year; whereas application of the quota duty is subject to compliance with the rules laid down  for the common organization of the markets; Whereas it is, in particular, necessary to guarantee all Community importers equal and continuous  access to the quota and ensure the uninterrupted application of the rate laid down for the quota to  all imports of the products in question into all Member States until the quota is exhausted; Whereas it is for the Community, in compliance with its international obligations, to decide to  open tariff quotas; whereas there is, however, no reason why the Member States should not be  authorized, in the interests of the efficient administration of the quota, to draw from the quota  volumes the quantities needed to cover actual imports; whereas this method of administration calls  for close cooperation between the Member States and the Commission, which must in particular be  able to monitor the rate at which the quota is used up and inform the Member States accordingly, HAS ADOPTED THIS REGULATION: Article 1 This Regulation shall apply without prejudice to the arrangements  provided for by Protocol 2 to the Act of Accession and its detailed rules of application to the  products not covered by this Regulation. Article 2 From 1 January to 31 December of every year, the customs duties applicable on  importation into the Community of the products in question, originating in Ceuta, shall be  suspended at the level and within the limit of the Community tariff quotas shown below: >TABLE>Article 3 The product's originating status shall be proven in accordance with  Article 6 of Council Regulation (EEC) No 1135/88  (1). Article 4 The tariff quota referred to in Article 1 shall be administered by the Commission,  which may take all appropriate measures to ensure efficient administration thereof. Article 5 Where an importer declares in a Member State a product covered by this Regulation for  release for free circulation and applies to take advantage of the preferential arrangements, and  that declaration is accepted by the customs authorities, the Member State concerned shall, by  notifying the Commission, draw an amount corresponding to its requirements from the quota volume. Requests for drawings, indicating the date of acceptance of the said declarations, must be sent to  the Commission without delay. The drawings shall be granted by the Commission by reference to the date of acceptance of the  declaration for release for free circulation by the customs authorities of the Member State  concerned, to the extent that the available balance so permits. If a Member State does not use the quantities drawn, it shall return them to the corresponding  quota volume as soon as possible. If the quantities requested are greater than the available balance of the quota volume, the balance  shall be allocated on a pro rata basis. The Commission shall inform the Member States of the  drawings made. Article 6 Each Member State shall ensure that importers of the products in question have equal  and continuous access to the quotas for as long as the balance of the relevant quota volume so  permits. Article 7 The Member States and the Commission shall cooperate closely to ensure that this  Regulation is complied with. Article 8 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. It shall apply with effect from 1 January 1996. This Regulation shall be binding in its entirety and directly applicable in all  Member States.(1) OJ No L 128, 13. 6. 1995, p. 6.  (1) OJ No L 114, 2. 5. 1988, p. 8.