Proposal for a Council Regulation opening and providing for the administration of autonomous Community tariff quotas for certain fishery products
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 25. 02. 2000 COM(2000) 101 final Proposal for a COUNCIL REGULATION opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (presented by the Commission) 1. 2. 3. 4. EXPLANATORY MEMORANDUM As part of the annual overall review within the Council concerning the granting of autonomous preferences for fishery products, the Commission has drawn up a report on the markets and supply needs of user industries for 2000. the Commission is proposing a certain number of Having regard to the requirements of the internal and external policies of the Community, tariff measures, notably tariff quotas, to ensure continuation of Community production in accordance with the rules and obligations of the common organisation of the markets, and to ensure supply of the processing industries while also taking into account the current and foreseeable situation on the international market. In these conditions, the tariff quotas for the products specified are for products which meet the conditions laid down as regards the reference prices fixed, or to be fixed, and which are intended for processing. Furthermore, according to this proposal, these tariff measures should be opened from 1 April 2000 for periods extending to 31 December 2000 in order to allow planning of supply to the industry without destabilizing the revenue of Community producers. This is the purpose of the following proposal 2 Proposal for a COUNCIL REGULATION opening and providing for the administration of autonomous Community tariff quotas for certain fishery products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof, Having regard to the proposal from the Commission, Whereas: (1) (2) (3) Community supplies of certain fishery products currently depend on imports from third countries; whereas it is in the Community's interest to suspend in part or in whole the customs duties for the products in question, within Community tariff quotas of an appropriate volume; whereas, in order not to jeopardize the development prospects of this production in the Community and to ensure an adequate supply to satisfy user industries, it is advisable to open those quotas, applying customs duties varied accordingly to sensitivity of the different products on the Community market. It is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up. The decision for the opening of autonomous tariff quotas should be taken by the Community; whereas, to ensure the efficiency of a common administration of these quotas, there is no reasonable obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas, however, this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly. (4) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 3 establishing the Community Customs Code1, has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. HAS ADOPTED THIS REGULATION: Article 1 1. 2. The import duties on the goods listed in the Annex shall be suspended at the indicated duty rate for the periods and in the amounts indicated therein. Imports of the products in question shall not be covered by the quotas referred to in paragraph 1 unless the free-at-frontier price, which is determined by the Member States in accordance with Article 22 of Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products2, is at least equal to the reference price fixed, or to be fixed, by the Community for the products under consideration of the categories of the products concerned. The tariff quotas referred to in Article 1 shall be administered by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93. Article 2 The Member States and the Commission shall co-operate closely to ensure that this Regulation is complied with. Article 3 1 2 OJ L 253, 11. 10. 1993, p. 1. Regulation as last amended by Regulation (EC) No 1662/99 (OJ L 197, 29. 7. 1999, p. 25). OJ L 388, 31. 12. 1992, p. 1. Regulation as last amended by Regulation (EC) No 3318/94 (OJ L 350, 31. 12. 1994, p. 15). 4 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 April 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 5 CN code TARIC code ANNEX Description Order No 09. 2753 09. 2756 ex 0302 50 10 ex 0302 50 90 ex 0302 69 35 ex 0303 60 11 ex 0303 60 19 ex 0303 60 90 ex 0303 79 41 ex 0303 60 11 ex 0303 60 19 ex 0303 60 90 ex 0303 79 41 09. 2758 ex 0302 70 00 09. 2765 ex 0305 62 00 ex 0305 69 10 09. 2773 ex 0306 13 10 ex 0306 23 10 09. 2779 ex 0304 90 05 09. 2780 ex 0304 20 91 ex 0304 90 97 09. 2785 ex 0307 49 59 ex 0307 99 11 09. 2786 ex 0307 49 59 ex 0307 99 11 Amount of quota (in tons) 90. 000 Quota duty (%) 3 Quota period 01. 04. - 31. 12. 2000 8. 000 300 8. 000 12. 000 3 0 0 0 16. 000 20. 000 3,5 3,5 11. 000 3,5 01. 04. - 31. 12. 2000 01. 04. - 31. 12. 2000 01. 04. - 31. 12. 2000 01. 04. - 31. 12. 2000 01. 04. - 31. 12. 2000 01. 04. - 31. 12. 2000 01. 04. - 31. 12. 2000 500 3 01. 04. - 31. 12. 2000 20 10 10 10 10 10 10 10 10 10 10 20 20 25 29 10 10 11 91 10 10 60 10 10 20 20 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, roes, livers excluding presented fresh, chilled or frozen, for processing (a)(b) and and prawns Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, excluding livers and roes, frozen, for processing (a)(c) (Gadus morhua, livers Cod Gadus Gadus ogac, macrocephalus) and fish liver of the species Boreogadus saida, fresh or chilled, for processing (a)(b) Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, salted or in brine, but not dried or smoked, for processing (a)(b) the Shrimps of species Pandalus borealis, in shell, fresh, chilled or frozen, for processing (a)(b) Surimi, frozen, (a)(b) blue Frozen (Macruronus and other grenadier, for processing (a)(b) Tubes of squid (Ommastrephes Ommastrephes spp. --excluding sagittatus--, Nototodarus spp. , Sepioteuthis spp. ) and Illex spp. , frozen, for processing (a)(b) -- Squid (Ommastrephes Ommastrephes excluding sagittatus--, Nototodarus spp. , Sepioteuthis spp. ) and Illex spp. , frozen whole, tentacles and fins, for processing (a)(b) fillets grenadier novaezealandiae) frozen meat of blue for processing spp. 6 09. 2788 ex 0302 40 00 ex 0303 50 00 ex 0304 10 97 ex 0304 90 22 09. 2790 ex 1604 14 16 09. 2792 ex 1604 12 99 10 10 20 10 20 95 10 09. 2794 ex 1605 20 99 45 harengus, (Clupea Herrings Clupea pallasii), whole, head included, of a weight exceeding 140 g per piece or flaps of a weight exceeding 80 g per piece ), excluding livers and roes, fresh, chilled or frozen, for processing (a)(b) Fillets known as “loins” of tunas and skipjack, for processing (a)(b) Herrings, spiced/vinegar cured, in brine, preserved in barrels of at least 70 kg net drained weight, for processing (a)(b) the and Shrimps species borealis; Pandalus cooked and peeled, for processing (a)(b) prawns of 20. 000 0 01. 11. - 31. 12. 2000 4. 000 5. 000 5. 000 6 6 6 01. 04 - 31. 12. 2000 01. 04 - 31. 12. 2000 01. 04 - 31. 12. 2000 (a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. (b) This quota is available for products intended to undergo any operation, unless it is solely for one or more of the following operations: - - - - - - - - - cleaning, gutting, tailing, heading, cutting (excluding filleting or cutting of frozen blocks or splitting of frozen interleaved fillet blocks), sampling, sorting, labelling, packing, chilling, freezing, deep freezing, thawing, separation. to undergo The quota is not available for products intended, treatment (or operations) which gives quota entitlement, where such treatment (or operations) is (are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended for human consumption. in addition, (c) The quota is available for products destined exclusively for salting and drying. 7 FINANCIAL STATEMENT 1. TITLE OF OPERATION Proposal for administration of Community tariff quotas, for certain fishery products. for Council Regulation opening providing and the 2. BUDGET HEADING INVOLVED Chap. 12 Art. 120 (1210 + 1060) 3. LEGAL BASIS Art. 26 of the Treaty 4. 4. 1 5. 5. 1 DESCRIPTION OF OPERATION General objective To ensure an adequate supply for Community user industries. FINANCIAL IMPACT Method of calculating total cost of operation (relation between individual and total costs) Descriptio n Variation on quantities (Tons) Variation of the estimate € /unit) price ( 09. 2753 09. 2756 09. 2758 09. 2765 09. 2773 09. 2779 + 15. 000 (v. previous: 75. 000) 0 (v. previous: 8. 000) 0 (v. previous: 300) 0 (v. previous: 8. 000) 0 (v. previous: 12. 000) +1. 000 (v. previous: 15. 000) 0 (p. previous: 1. 176) 0 (p. previous : 1. 193) 0 (p. previous: 1. 496) 0 (p; previous: 2. 927) 0 (p. previous: 3. 202) 0 (p. previous: 2. 199) Variation on normal duty rate (%) 0 (d. previous: 12) 0 (d. previous: 12) 0 (d. previous: 10) 0 (d. previous: 13) 0 (d. previous: 12) 0 (d. previous: 15) 8 Variation on quota duty (%) Assessed variation on duty loss against the preceding quota period ( € ) 0 (d. previous: 3) + 1. 587. 600 (previous loss: 7. 938. 000) +0,5 (d. previous: 2,5) - 47. 720 (previous loss: 906. 680) 0 (d. previous: 0) 0 (previous loss: 44. 880) - 2,5 (d. previous: 2,5) + 585. 400 (previous loss: 2. 458. 680) 0 (d. previous: 0) 0 (previous loss: 3. 458. 160) 0 (d. previous: 3,5) + 252. 885 (previous loss: 3. 793. 275) 09. 2780 09. 2785 09. 2786 09. 2788 09. 2790 09. 2792 09. 2794 0 (v. previous: 20. 000) 0 (v. previous: 11. 000) 0 (v. previous: 500) 0 (v. previous: 20. 000) + 2. 800 (v. previous: 1. 200) +1. 000 (v. previous: 4. 000) + 1. 000 (v. previous: 4. 000) 0 (p. previous: 1. 315) 0 (p. previous: 1. 365) 0 (p. previous: 1. 365) 0 (p. previous: 350) 0 (p. previous: 3. 984) 0 (p. previous: 1. 160) 0 (p. previous: 733) 0 (d. previous: 7,5) 0 (d. previous: 8) 0 (d. previous: 8) 0 (d. previous: 15) 0 (d. previous: 24) 0 (d. previous: 20) 0 (d. previous: 20) 0 (d. previous: 3,5) 0 (previous loss: 820. 500) 0 (d. previous:3,5) 0 (previous loss: 675. 675) 0 (d. previous: 3) 0 (previous loss: 34. 125) 0 (d. previous: 0) 0 (previous loss: 1. 050. 000) 0 (d. previous: 6) + 2. 007. 936 (previous loss: 860. 544) 0 (d. previous: 6) + 162. 400 (previous loss: 1. 050. 000) 0 (d. previous: 6) + 102. 320 (previous loss: 410. 780) Sum of assessed variation on duty loss against the preceding quota period: + 4. 650. 821 € 6. FRAUD PREVENTION MEASURES Provisions on the management of these tariff quotas include the measures necessary for preventing frauds and irregularities and protecting against them. 9