CELEX: 51997PC0617
Language: en
Date: 1997-11-25
Title: Proposal for a Council Regulation (EC) opening and providing for the administration of Community tariff quotas for certain fishery products originating in Ceuta

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 25.11.1997
                                              COM(97) 617 final
                                              97/0325 (ACC)
                               Proposal for a
                     COUNCIL REGULATION (EO
opening and providing for the administration of Community tariff quotas
            for certain fisheiy products originating in Ceuta
                      (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                 EXPLANATORY MEMORANDUM
 1.  Article 3(2) of Protocol 2 to the Act of Accession of Spain and Portugal stipulates that certain
     fishery products originating in Ceuta and Melilla shall qualify for exemption from customs
     duties when imported into the Community. This Article goes on to specify that exemption
     shall be granted within the limits of Community tariff quotas calculated by product and on 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
     constituted in 1985.
2.   The Spanish administration has asked the Commission by letter dated 2 June 1997 to open
    tariff quotas for live fry and juveniles of sea bream and bass (CN code ex 0301 99 90), sea bass
     (CN code 0302 69 95) and sea bream (CN code 0302 69 94), originating in Ceuta.
    The Spanish authorities backed their request with social and economic arguments on Ceuta,
     showing the constraints under which Ceuta's economy is operating and the difficulties faced by
    the local fishing industry.
3.  In the past some fishery products originating in Ceuta enjoyed the benefit of tariff quotas when
    imported into the Community. Later, exports to the Community fell as a result of a reduction
    in the volume of fishery catches. The use of these quotas then became negligible and they
    were not extended after 1992.
    Live fry and juveniles of sea bream and bass, sea bream and sea bass, are covered by Article 3
    of Protocol 2, but have not been able to enjoy the benefit of the quotas in question because
    aquaculture is a new activity in Ceuta.
4.  A Community tariff quota was opened for 1995 by Council Regulation (EC) No 1326/95 for
    products of CN code ex 0301 99 90.
    For 1996 and 1997, the Council opened tariff quotas for products of CN codes ex 0301 99 90,
    0302 69 94 and 0302 69 95.
    Fresh tariff quotas for these products for 1998 and thereafter are justified because the
    economic situation in Ceuta requires the adoption of preferential measures to facilitate its
    exports to the Community. Also, some non-member countries, in particular the Maghreb
    countries, are granted preferential tariff treatment by the Community for products of the same
    CN codes. This warrants the adoption by the Community of similar tariff measures for Ceuta.
    The quota period will run from 1 January to 31 December each year. No unused part of the
    quota may be carried over to the next quota period.
    The annual quota volumes are as follows:
               fry and juveniles of sea bass and sea bream           3 000 000 units
               sea bass and sea bream                                   100 tonnes
    These volumes have been calculated on the basis of estimated production of these products,
    according to information received by the Spanish authorities.
5.  These annual Community tariff quotas should therefore be opened.
    Such is the purpose of the attached proposal.
 ---pagebreak---                              Proposal for a Council Regulation (EC) No ,../...
                                                     of
   opening and providing for the administration of Community tariff quotas for certain fishery
                                       products originating in Ceuta
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113
thereof,
Having regard to the proposal from the Commission,
Whereas, by virtue of Article 3(2) of Protocol 2 to the Act of Accession of Spain and Portugal, 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 constituted in 1985;
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
31.12.1992 on this account; whereas live fry and juveniles of sea bream and bass, sea bream and sea
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 positive role played in the past by the system of preferential tariff treatment in granting
 access to the Community markets for certain fishery products originating in Ceuta justifies
 continuation of such treatment alongside other forms of Community action, in particular assistance
 from the Community structural funds for Objective 1 regions, of which Ceuta is one;
 Whereas the preferential tariff treatment granted to fishery products derived from aquaculture in Ceuta
 should therefore play a greater part in fostering the development of the region;
 Whereas the Community accords some non-member countries, in particular the Maghreb 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 these non-member countries; whereas the tariff arrangements applied to Ceuta need to
 be adjusted accordingly;
 Whereas by Regulation (EC) No 1326/95,1 the Council opened a Community tariff quota (09.0321)
 for 1995 for live fry and juveniles of sea bream and bass originating in Ceuta; whereas, by Regulation
 (EC) No 1822/96,2 the Council opened new zero-duty Community tariff quotas for 1996-97 for live
 fry and juveniles of sea bream and bass, sea bream and sea brass, originating in Ceuta (order nos
 09.0321 and 09.0322);
     OJNoL128, 13.6.1995, p. 6.
     OJ No L 241, 21.9.1996, p. 10.                           ^
                                                      1 ^
 ---pagebreak---     Whereas the Kingdom of Spain has asked that the Commission open the quotas referred to in
    Regulation (EC) No 1822/96 for 1998 and thereafter;
    Whereas zero-duty Community tariff quotas should therefore be opened for the products in question
    and the volumes fixed on the basis of annual production at 3 million individual fish (fry and juveniles
    of sea bream and sea bass) and 100 tonnes (sea bream and sea bass); whereas the quota period 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 organisation of the markets;
    Whereas Commission Regulation (EC) No 1427/973 amending Regulation (EEC) No 2454/934 laying
    down provisions for the implementation of the Community Customs Code sets out rules for the
    management of tariff quotas designed to be used following the chronological order of dates of
    acceptance of declarations;
    Whereas eligibility for the tariff quotas introduced by this Regulation is subject to the definition of
    preferential origin specified in Article 27 of Regulation (EEC) No 2913/92,5
    HAS ADOPTED THIS REGULATION:
                                                      Article 1
    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 limits of the annual Community
    tariff quotas shown below:
 Order         NC Code          Taric                  Description               Amount of       Quota duty
  No                             Sub-                                              quota            (in %)
                               division
09.0321     ex 0301 99 90         •20    Live fry and juveniles of sea bream     3 000 000            Free
                                         (Spams        aurata)     and   bass
                                         (Dicentrarchus labrax)                    units
09.0322      0302 69 94                 Sea bass (Dicentrarchus labrax), gilt-      100               Free
                                        headed sea bream (Sparus aurata),
             0302 69 95                 fresh or chilled                          tonnes
    3
         OJ No L 196,24.7.1997, p. 31.
    4
         OJ No L 253, 11.10.1993, p. 1.
    5
         OJ No L 302, 19.10.1992, p. 1.
                                                         \
 ---pagebreak---                                                  Articie_2
The products' originating status shall be proven in accordance with Article 6 of Council Regulation
(EEC)Noll35/88. 6
                                                 Article 3
The tariff quota referred to in Article 1 shall be administered by the Commission, pursuant to Articles
308a to 308c of Regulation (EEC) No 2454/93, which may take all appropriate measures to ensure
efficient administration thereof.
                                                 Article 4
This Regulation shall enter into force on the seventh day following that of its publication in the
Official Journal of the European Communities.
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at..
                                                                   For the Council
                                                                    The President
                                                          x
     OJNoL 114, 2.5.1988, p. I.
                                                    I
 ---pagebreak---                                                         FINANCIAL STATEMENT
       1.         Budget heading involved: Chapter 12, Article 120
       2.         Legal basis: Article 113 of the Treaty.
       3.         Title of tariff measure: Proposal for a Council Regulation (EC) opening and providing for the
                  administration of Community tariff quotas for certain fishery products originating in Ceuta.
       4.         Aim: To promote Ceuta's economic development
       5.         Method of calculation:
 Description of         Variation in    Variation in       Variation in   Variation in Expected variation in the   Loss of revenues for
    products           quota volume    estimated price     normal duty    quota duty   loss of revenue in relation   the period from
                                         (ECH/unit)            (%)            (%)        to the previous quota        1.1.98-31.12.98
                                                                                             period (in ECU)             (in ECU)
Fry and juveniles         500 000           -0.036                0            0                   21 920                  131 520
of sea bass and        (previous vol.: (previous price:   (previous duty:                     (previous loss:
sea bream             2 500 000 units)       0.31)               16)                             124 000)
Sea bass and sea           100 T            -1003                 0            0                  -15.045                  54 705
bream                                  (previous price:   (previous duty:                     (previous loss:
                                            4 650)              15)                               69 750)
      6.         Loss of revenue
                The expected variation in the loss of revenue in relation to the previous quota period amounts
                to ECU 6 875 for each quota period.
                The loss of revenues for the period from 1.1.1998 to 31.12.1998 amounts to 186 225 ECU.
                                                                       v
 ---pagebreak---                                                                    ISSN 0254-1475
                                                           COM(97) 617 final
                                              DOCUMENTS
EN                                                             03 02 14 08
                                    Catalogue number : CB-CO-97-636-EN-C
                                                             ISBN 92-78-27772-X
Office for Official Publications of the European Communities
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