CELEX: 51993PC0286
Language: en
Date: 1993-06-22
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for herring, fresh or chelled, originating in Sweden

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0M(93) 286 final
                                          Brussels, 22 June 1993
                           Proposal for a
                      COUNCIL REGULATION (EEC)
         opening and providing for the administration of a
      Community tariff quota for herring, fresh or chilled,
                       originating in Sweden
                   (presented by the Commission)
 ---pagebreak---                                                                       I
                          EXPLANATORY MEMORANDUM
     Council's Decision of 15 September 1986 concerning the conclusion of
     the Agreement in the form of Exchange of Letters between the European
     Economic Community and the Kingdom of Sweden on the Agricultural and
     fisheries sectors^1) provides for the opening on a date to be
     determined by common accord of a Community tariff quota for herring,
     fresh or chilled, whole, headless or in pieces, and originating in
     Sweden.
     The present proposal aims at implementing this tariff quota for the
     period 1 August 1993 to 14 February 1994.
     As in the case of other Community tariff quotas, the proposal does
     not provide for the quota volume to be allocated among the Member
     States, which will make drawings from the quota volume to cover
     actual imports.
(1) J.O. N- L 328 du 22.11.1986, p. 89
 ---pagebreak---                                                                                                                                                  3
                                                              Proposal for a
                                            COUNCIL REGULATION (EEC) N o                                     793
                      opening and providing for die administration of a Community tariff quota for
                                          herring, fresh or chilled, originating in Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                         levy for the tariff quota should be applied consistently to
                                                                                 all imports until the quota is used up ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                      Whereas the d e c i s i o n f o r the o p e n i n g , in
thereof,                                                                                the e x e c u t i o n of I t s i n t e r n a t i o n a l
                                                                                       o b l i g a t i o n s , of t a r i f f quotas should be
                                                                                       taken by the Community; whereas, t o
Having regard to the Act of Accession of Spain and                                     ensure the e f f i c i e n c y of a common
Portugal,                                                                              administration of these quotas, there i s
                                                                                       no reasonable obstacle t o a u t h o r i s i n g
                                                                                       the Member States t o draw from the
Having regard to the proposal from the Commission,                                     quota-volumes the necessary q u a n t i t i e s
                                                                                       corresponding to a c t u a l i m p o r t s ; whereas
Whereas an Agreement between the European Economic                                     t h i s method of a d m i n i s t r a t i o n r e q u i r e s
                                                                                       close cooperation between the Member
Community and the Kingdom of Sweden was concluded
                                                                                       States and the Commission and the l a t t e r
on 22 July 1972; whereas, following the accession of                                   m u s t . i n p a r t i c u l a r be able t o monitor
Spain and Portugal, an Agreement in the form of an                                     the r a t e at which the quotas are used up
Exchange of Letters was concluded between the European                                 and Inform the Member States
 Economic Community and the Kingdom of Sweden on                                       accordingly;
the agriculturan and fisheries sector ; whereas this Agree-
ment was adopted by Decision 86/558/EEC (') ;
                                                                                     Whereas, since the Kingdom of Belgium, the Kingdom of
Whereas this Agreement provides for the opening, over a                              the Netherlands and the Grand Duchy of Luxembourg
period to be determined by common accord, of a 20 000                                are united within and jointly represented by the Benelux
tonne duty-free Community tariff quota for herring, fresh                             Economic Union, all transactions concerning the admi-
or chilled, whole, headless or in pieces, originating in                             nistration of this quota may be carried out by one of its
Sweden ; whereas, therefore, the tariff quota in question                            members,
 should be opened for the period 1 August 1993 to 14
 February 1994;                                                                      HAS ADOPTED THIS REGULATION :
 Whereas equal and continuous access to the quota should
 be ensured for all Community importers and the rate of
                                                                                                                         Article 1
                                                                                      1.      From 1 August 199J to 14 Febmary 1994 the
                                                                                      Common Customs Tariff duty on the following products
                                                                                      shall be suspended at the level and within the time limit
                                                                                      of the Community tariff quota as shown herewith :
                                                                                                                             Amount              Quota duty
     Order No           CN code                                       Description                                            of quota
                                                                                                                           (in tonnes)              (•/.)
 09.0615            ex 0302 40 90       Herring and meat of herring, fresh or chilled, originating in                         20 000               0
                     ex 0304 10 93      Sweden
                     ex 0304 10 98
 (') Taric codes : ex 0302 40 90 '^O, ex 0304 10 93 '^0, ex 0304 10 98 * 1^
 (') OJ No L 328, 22. 11. 1986, p. 89.
 ---pagebreak---  2       Imports of the products in question shall not benefit
 from the tariff quotas referred to in paragraph 1 unless
 the free-at-frontier prices, which are determined by the                                                                 ^
 Member States according to Article 22 of Council Regula-
  tion (EEC) No 37S9/95                              . • °" tne
  common organization of the market in fishery                         authorities, the Member Stare concerned shall inform the
                                                                       Commission and draw an amount corresponding to its
and a q u a c u l t u r a l p r o d u c t s * 1 * ;                    requirements from the quota amount.
amended by Council R e g u l a t i o n (CEE) n ' 697/93*2)
                                                                       The drawing requests, with indication of trie Jate of
                    are at least equal to the reference prices if      acceptance of the said declarations, must be transmitted
   such prices have been fixed or are to be fixed by the               to the Commission without delay.
   Community for the product under consideration or the
   levy of the products concerned. For the calculation of the          The drawings are granted by the Commission by
   reference price, the following coefficients shall be appli-         reference to the date of acceptance of the declaration of
   cable :                                                             entry into free circulation by the customs authorities of
                                                                       the Member Slate contented to the extend lli.n I he avai-
        whole herring : I,                                              lable balance so permits.
   — flaps of herring : 2,32,
                                                                        If a Member States does not use the quantities drawn, it
   — pieces of herring: 1,96.                                          shall return them as soon as possible to the quota
                                                                       amount.
                                                                        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
                                                                        States shall be informed by the Commission thereof.
                                   Article 2                                                     Article 4
                                                                        Each Member State shall ensure that importers of the
    The tariff quota referred to in Article 1 shall be adminis-
                                                                        products concerned have equal and continuous access to
    tered by the Commission, which may take all appropriate
                                                                        the quota for such time as the residual balance of the
    administrative measures in order to ensure effective admi-          quota volume so permits.
    nistration thereof.
                                                                                                 Article 5
                                   Article 3
                                                                        Member States and the Commission shall collaborate
    If an importer presents, in a Member State, a declaration           closely in order to ensure that (his Regulation is complied
    of entry into free circulation, including a request for             with.
    preferential benefit for a product covered by this Regula-
    tion and if this declaration is accepted by the customs                                      Article 6
                                                                        This Regulation shall enter into force on 1 August 1993.
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                          States.
                          Done at Brussels,
                                                                                    For the Council
                                                                                      The President
    (') OJ No L 388,31. 12. 19 i , p. 1.
 (2)       OJ N- L 7 6 , 3 0 . 3 . 1 9 9 3 p . 1 2
 ---pagebreak---                                                                        j-
FINANCIAL RECORD
1.  Budget line concerned : Chap. 12 Art. 120
2.  Legal basis : Art. 113 of the Treaty
3-  Title of the tariff measure concerned :
    Proposal for a Council regulation (EEC) opening and providing for
    the administration of a Community tariff quota for herring, fresh
    or chilled, originating in Sweden.
4
  - Object ive : Fulfilment of contractual obligations of the Community
     (Agreement EEC/Sweden)
5.  Method of calculation :
    CCT heading: 20 000 t
    Volume of the quota: 0 %
    Normal duty: 15 %
6.  Duty-loss :
     Unit value (ecus) : 336
     Total value (ecus) : 6 720 000
     Duty-loss (ecus) (15%) : 1 008 000
     Compared with the preceding period: increased of duty-loss :
     1 008 000 ecus - 960 000 ecus - 48 000 ecus.
 ---pagebreak---                                                                               G
                                                                       ISSN 0254-1475
                                                               COM(93) 286 final
                                                       DOCUMENTS
 EN                                                                          11 02
                                 Catalogue number : CB-CO-93-320-EN-C
                                                             ISBN 92-77-56959-X
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