CELEX: 51987PC0628
Language: en
Date: 1987-12-03
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quotas for fillets of certain cods and of fish of the species of Boreogadus saida, falling within code 03.03.30-19 of the Combined Nomenclature, originating in Norway (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 628
Vol. 1987/0299
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
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 ---pagebreak--- t COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(87 ) 628 final
                                                       Brussels , 3 December 1987
                                        Proposal for a
                                 COUNCIL REGULATION ( EEC )
            opening , allocating and providing for the administration of a
          Community tariff quotas for fillets of certain cods and of fish
        of the species of Boreogadus saida , falling within code 03.03.30-19
             of the Combined Nomenclature, originating in Norway ( 1988 )
                              ( submitted by the Commission )
                           p|g 22 22 DEC.
                                    SotM
                                             DEC. 1337
                                                  1SS7 |Ë
                                    Sotli <l*i SCCKIWW
                                                         p
                                           Gintnl
  ] C0M(87 ) 628 final
 ---pagebreak---                                            )                              C YJ
                              EXPLANATORY  MEMORANDUM
1.     The agreements in the form of an exchange of letters between the European
       Economic Community and the Kingdom of Norway concerning agriculture and
       fisheries , approved by Council 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 , Boreogadus saida or Gadus ogac , dried , salted , or in brine ,
       originating in Norway , falling with subheading 03.02 A II a ) of the
       Common Customs Tariff or code 0305.30-19 of the Combined Nomenclature
       which enters into force on 1 January 1988 .
2.     The purposes of this proposal is to implement the tariff quota for the
       period 1 January to 31 December 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 who
          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 the initial shares to the Member States is based on
          the available statistics of past imports from Norway over the last
          three years and on the estimated needs of the Member States over the
          quota period .
        Figures for Community imports from Norway over the last three years
       are as follows
       Member States                         1984          1985         1986
       Benelux                                  0             0            1
       Denmark                                 72            10            2
       Germany                                  0             0            0
       Greece                                   0            110
       Spain                                   37             0            0
        France                                 58             8           19
        Ireland                                 0             0            0
        Italy                               4 589         2 691        2 354
        Portugal                                0             0            0
        United Kingdom                          0             0            0
                                            4 756         2 720        2 376
 ( 1 ) 0J No L 328, 22.11.1986, p. 76
 ---pagebreak---                                     ч-
On the basis of this information and the estimated needs of Member States ,
the following initial percentages can be allocated :
Member States
Denmark             0.85
Greece              0.11
Spain               0.38
France              0.86
Italy              97.80
The Commission realizes that the transposition of certain tariff concessions
from the Common Customs Tariff to the Combined Nomenclature might raise
problems which would need to be settled between the parties concerned .
It therefore reserves the right to amend its proposal in the course of the
procedure with a view to adapting it , where necessary , to requirements .
 ---pagebreak---                                                                                     ч
                                                                          Proposai for a
                                                                <  - UNO . rtKCULATION ( EEC)
                                  open .,..;, . . to \-. i<’g and providing lor the administration of a Community :arift quo . , u . i.II.-ts
                                  <» ce. taf, uo IS and of fish of the species of Boreogadus saida, f-.liir... within
                                  i.o<r’': !jb.03.30-19 of the Contained Nomenclature, originating in rorway (iVjftj)
               THE COUNCIL OE THE EUROPEAN COMMUNITIES,
               Having regard to the Treaty establishing the European
               Economic Community , and in particular Article 113
               thereof.
               Having regard to . lie Act of Accession of Spain and
               Portugal ,
               Having regard to the ■          posa' Irom the - Commission ,
               Whereas an Agreement between the Li.rnpcan Economic
               Community and the Kingdom 01 Nonva'. was concluded on
               14 May 1^73 ; whereas following the accession of Spain and Portugal :r the
             Community an Agreement in the form of an exchange of letters was
               concluded and approved by Council Decision of 15 September 1986 ( 1 ) ;
             Whereas the aforesaid Agreement provides in particular for the
             opening of a Community tariff quota at zero duty for fillets of certain
             cods and of fish of the species of Boreogadus saida, originating in hbrway; whereas,
             therefore, the tariff quota in question should be opened for the period 1 January to 31
             Decerrber 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
■; T        /Trade Statistics of the Community and Statistics of Trade between
             Member States ; whereas in order to accommodate specific Community
             measures this Nomenclature 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 quota should be
               ensured for all importers and the rate laid down for the
               quota should be applied consistently to all imports until the
               quota is used up ; whereas, in the light of these principles ,
              allocation of the tariff quota
              among                       the Member States would seem to
               preserve the Community nature of the quota ; whereas in order to correspond
                          as closeiv as possible to the actual development of the
               market                                 the allocation should      reflect
                                   the requirements of the Member States
              based on                      statistics of imports from Norway
               during a representative reference period and                        the
               économie outlook for the
               Whereas uuring the latest years for which statistics are
               availab't . mports                   into each of the Member States
               wete as
              < 1 > O.I e\      •   328 , 22.11.1986 , p. 76
 ---pagebreak---                                                                  A
                                                                        'm tonnes )
                                                    1983  i   1984         1985      1936
                Benelux                                0          0           0
                                                                                        1
                Denmark                               12        y2           10         2
                                                      IS          0           0
                                                                                        0
                Germany
                Greece                                 0          0          11         0
                Spain                                 17        37            0         0
                France                                29        58            8        19
                Ireland                                0          0           0         0
                Italy                              4 751     4 589        2 691     2 354
                Portugal                               0          0           0         0
                United Kingdom                         0           0          0         0
                                                   4 824     4 756        2 720
                                                                                    2 376
               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 i n 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
               3T ? 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
               approximately as follows:
                        Denmark                     0.85
                        Greece                      0.11
                        Spain                       0.38
                        France                      0.86
                        Italy                     97.80
               Whereas to allow for                          import trends for the products
              concerned the quota volume should be divided into two
              parts ,         the first being allocated among the Member
              States and the second held as a reserve to cover any
               subsequent requirements of Member States which have used
               up their initial share ; whereas , to afford importers some
              degree of certainty , the first part          of the tariff quota
               should be set at a high level , which in this case could be
                      of the quota volume ;
              Whereas initial shares may be used up at different rates ;
             whereas , in order to avoid any break in the continuity of supplies on this
account , i t should be provided that any Member State which has almost
              used up its initial share should draw an additional share from
              the reserve ; whereas each time its additional share is almost
              used up a Member State should draw a further share and so
              on as many times as the reserve allows ; whereas 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
              monitor             the extent to which the ouota volume has been
               used up and       inform the Member States accordingly ;
 ---pagebreak---                                                                          -f
                          Whereas if .1: a given date in the quota period a considerable
                          quam of 1 Member Stall 's initial share remains unused, it
                          is esse " '.d -. Sat              Member State
                          sigK'fur -t proportion thereof to the reserve in order to
                          pre - eo. pan o: the Con. muniry.tariff quota from remaining
                          urj.'J ■!:. one Memb.- S-ate while it could be used in
                          nrhc; ,
                          Whereas . since the Kingdom of Belgium , the Kingdom of the
                          Net., - i.ind' .md the C,m ad Duchy of Luxembourg are united
                           within and jointly represented by the Benelux Economic
                           Union , any measure concerning the administration of the
                           shares allocated to that economic union may be carried out
                           by any one of its members .
        HAS A r>0PTE0 THld REGULATION :
                                                                    Article 1
        1 . F rGm 1 January to 31 December 1988 the customs duty applicable to
                 imports of the following product shall be suspended ct the level indicated
                ar *- ’ within the limits of a Community tariff quota as shown herewith :
Order   Combined Nomenclature                                                                    ¡   Quota    Rjie
        code
                                                                            Description          j  volume   oí duty
No                                                                                               i in tonnes   (% )
09.0709 0305.30-19                                     Fillets of cod of the species
                                                      Gadus morhua and Gadus egae, and fish
                                                        fillets of the species Boreogadus saida,
                                                      • dried, salted or in brine, originating
                                                        in hbrway                                  3 000      0
                                                  ...
            Within the limits of this tariff quota,                        S?al j
            3nj                                . shall aplly duties of A.S/o and
            0% respectively .
             2 . Imports of the products in question shall not be eligible
        under tyle tariff quota referred to in paragraph 1 unless the
             free-at-frontier-price, which is determined by the Member States in
         accordance with Article 21 of Regulation (EEC ) No
             379(^ / 81 ( ‘ ) as last amended by Regulation (EEC) No
              2315 / 86 (2 ) is at least equal to the reference price set or
              to D6 Scrt               by the Community tor the product or
             categories of products under considération .
              3 The Protocol on the definition of the concept of
              originating products and on methods of administrative
              cooperation , annexed to the Agreement between the
              European Economic Community and the Kingdom of
              Norway , shall apoly .
          ( 1 ) 01 Do L 37 <\. 31.12.1901 , p. 1
          ( 2 ) 0J rlo L 232 , 25 . 7.1986 , p. 1
 ---pagebreak---                                   Article 2
                              referred to
  1.      The tariff quota                  in Article 1 ( 1 ) shall be
  divided into two parts .
  2. The first part . af this quota shall be allocated
  among certain Member States. The Quota shares shall ,
  subject to Article 5,           be valid until 31 December 198 8 and
  shall be as follows:
                                                     fin tonnes)
           Dcnmark                                        17
           Greece                                           2
           Spain                                            8
           France                                         17
           Italy                                    1 956
    3.      The second part            of the quota , amounting to 1 000 tonnes ,
    shall constitute the reserve .
    4.      if an importer indicates that a consignment of the products in question
  is to be imported into a Member 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 3
      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 Article 5 , it
     shall forthwith , by notifying the Commission-, and to the extent that t’he reserve so
permits , draw a second share                             , equaltol0%
     of its initial share, rounded up where necessary to the next whole
     number .
      2.     if , after its initial share has been used up , a Member State has
      used 90% or more of the second share                as well , it
    shall forthwith , using the procedure provided
       for               in paragraph 1 , draw a third share equal to
      5 % of its initial share, rounded up where necessary to next the whole
    number .
      3 . If, after its seond share has been used up , a Member State
    has used 91) % 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 apply until the reserve is used up .
 ---pagebreak---                                                               4-
  4.     By way of derogation from paragraphs 1 , 2 and 3            notify the amount of that balance to the Member State
lOefTber StateSnay draw shares lower than those speed ied in         making the last drawing .
 those paragraphs if there are grounds for believing that they
              may not be used in full . Member States shall
inform the Commission of their reasons
for applying this paragraph .                                                                   Article 7
                                                                     1.     The Member States shall take all appropriate measures
                                                                     to ensure that additional drawings of shares pursuant
                                                                     to Article 3 are carried out
                               Article 4
                                                                                  in such a way that imports        may be charged
                                                                     without interruption against their accumulated shares of the
  Additional shares drawn pursuant to Article 3 shall be valid       Community quota .
  until 31 December 1988 .
                                                                     2.                         shall ensure that importers of the
                                                                     product in question have free access to the shares allocated to
                               Artide 5                              them .
  Member States shall , not later than 1 October 1988, return        3.     The Member States shall charge imports of the product
  to the reserve the unused portion of their initial share which ,    in question against their shares as and when the product is
  on IS September 1988 is in excess of 20% of the initial            entered with the customs authorities for free circulation .
  volume . They may return a greater portion if there are
  grounds for believing that it may not be used in full .            4.     The extent to which a Member State has used up its
                                                                     share shall be determined on the basis of the imports charged
  Member States shall , not later than 1 October 1988, notify        in accordance with paragraph 3 .
  the Commission of the total quantities of the product in
  question imported up to and including IS September 1988
  and charged against the Community quota and of any
 portion of their initial shares returned to the reserve.                                       Article 8
                                                                     At the request of the Commission , the Member States shall
                               Article 6                             inform it of imports actually charged against
                                                                     their quota shares .
 The Commission shall keep an account of the shares opened
  by the Member States pursuant to Articles 2 and 3 and shall ,                                 Article 9
 as soon as the information reaches it , inform each State of the
 extent to which the reserve has been used up .                      Member States and the Commission shall cooperate closely
                                                                     to ensure that this Regulation is complied with .
  It shall , not later than 5 October 1988 , inform the Member
  States of the amount still in reserve, following any return of
  shares pursuant to Article 5 .
                                                                                               Article 10
  It shall ensure that the drawing which exhausts the reserve
  does not exceed the balance available , and to this end shall      This Regulation shall enter into force on 1 January 198 8
                      This Regulation shall he binding in its entirety and directly applicable in all Member
                      States .
                      Done at Brussels ,
                                                                                                  For the Council
                                                                                                   The President
 ---pagebreak---                      FICHE D' IMPACT SUR LA COMPETITIVITE
                                  ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel de la Communauté . L' impact découlant de cette concessio n
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 compétitivi ¬
té et l' emploi dans la Communauté .