Council Regulation (EC) No 1983/95 of 24 July 1995 opening and providing for the administration of Community tariff quotas and ceilings and established Community surveillance for certain fish and fishery products originating in the Faroe Islands and establishing the detailed provisions for amending and adapting these quotas

COUNCIL REGULATION (EC) No  1983/95 of 24 July 1995 opening and providing for the administration of Community tariff quotas and  ceilings and established Community surveillance for certain fish and fishery products originating  in the Faroe Islands and establishing the detailed provisions for amending and adapting these  quotas
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 Article 3 and 8 of the Agreement between the European Economic Community, of the one part,  and the Government and Denmark and the Home Government of the Faroe Islands, of the other part,  signed on 2 December 1991  (1), provided for the abolition of customs duties applicable to imports  into the Community of certain fish and fishery products listed in Protocol 1 attached to the said  Decision;
Whereas the abolition is subject to Community tariff quotas and ceilings and, for some of these  products, Community statistical surveillance; whereas the said Community tariff quotas and ceilings  in respect of products originating in the Faroe Islands should therefore be opened for the volumes  indicated respectively in Annexes I and II to this Regulation and Community statistical  surveillance established in respect of the products listed in Annex III thereto;
Whereas the preferential rates of duty indicated in Annexes I, II and III apply only where the  free-at-frontier price determined by the Member States in accordance with Article 22 of Regulation  (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery products  and aquaculture  (2) is at least equal to the reference price set, or to be set, by the Community  for the products or categories of products concerned;
Whereas, by the Agreement in the form of an exchange of letters between the European Community and  the Government of Denmark and the Home Government of the Faroe Islands amending Tables I and II of  the Annex to Protocol 1 of the Agreement between the European Economic Community, of the one part,  and the Government of Denmark and the Home Government of the Faroe Islands, of the other part,  signed on 2 December 1991  (3), certain amendments were made in the table of products listed in the  Annexes to the said Agreement;
Whereas, for reasons of simplification, provision should be made to empower the Commission to give  effect, following receipt of the opinion of the Customs Code Committee set up by Article 247 of  Regulation (EEC) No 2913/92  (4), to necessary amendments and technical adaptations to the Annexes  to this Regulation arising from amendments of the combined nomenclature and Taric codes and to  adaptations of volume, periods and quota rates arising from decisions by the Council or by the  Commission;
Whereas this Regulation may apply in the case of any amendment of the said Agreement in the form of  an exchange of letters which may specify the products eligible for tariff quotas or subject to  statistical surveillance, quota-volumes, duties and tariff periods, and any eligibility criteria;  whereas provision should therefore be made for the Commission to make corresponding amendments to  this Regulation and the Annexes thereto, after first having obtained the opinion of the Customs  Code Committee;
Whereas the Agreement provides for tariff quotas, tariff ceilings and statistical surveillance for  an indefinite period; whereas, therefore, to make its implementation more efficient and simpler,  this Regulation should apply on a multiannual basis;
Whereas equal and continuous access to the quotas in respect of the products listed in Annex I  should be ensured for all Community importers and the rates of duty laid down for the quotas should  be applied consistently to all imports of the products in question in all Member States until the  quotas are exhausted;
Whereas the Community should take the decision to open tariff quotas in the execution of its  international obligations; whereas, to ensure the efficiency of a common administration of these  quotas, there is no reason why the Member States should not be authorized to draw from the  quota-volumes the necessary quantities corresponding to actual imports; whereas this method of  administration does, however, require close cooperation between the Member States and the  Commission, which must be able to monitor the rate at which the quotas are used up and inform the  Member States accordingly;
Whereas, in respect of products listed in Annex II and subject to Community tariff ceilings,  Community surveillance may be effected by charging imports of these products against the ceilings  at Community level as and when the products are presented at customs and declared for free  circulation; whereas this method of administering the ceilings should enable customs duties to be  restored as soon as the ceilings in question are reached at Community level;
Whereas this method of administering the ceilings calls for close and speedy cooperation between  the Member States and the Commission, which must be able to monitor the level reached by imports  charged against the ceilings and inform the Member States accordingly; whereas this cooperation  should be close enough to allow the Commission to take the appropriate steps to restore customs  duties as soon as one of the ceilings is reached;
Whereas, for the products listed in Annex III, it would seem appropriate to have recourse to the  system of statistical surveillance administered by the Commission pursuant to the relevant  provisions of Regulations (EEC) No 1736/75  (1) and (EEC) No 2658/87  (2),