Proposal for a Council Regulation (EC) opening and providing for the administration of autonomous Community tariff quotas for certain fishery products
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 02. 03. 1999 COM (1999) 96 final Proposal for a COUNCIL REGULATION (EC) 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 1999. 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 1999 for periods extending to 31 March 2000 in order to allow planning of supply to the industry without destabilizing the revenue of Community producers. This is the purpose of the attached proposal. 2 Proposal for a COUNCIL REGULATION (EC) 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 28 thereof, Having regard to the proposal from the Commission, Whereas 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, 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; in order not Whereas 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; Whereas 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; Whereas Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 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: 1. OJ L 253, 11. 10. 1993, p. 1. Regulation as last amended by Regulation (EC) No 46/99 (OJ L 10, 15. 1. 1999, p. 3). 3 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 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 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 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 2. 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 Order No CN code TARIC code ANNEX Description Amount of quota (in tons) Quota duty (%) 70. 000 3 Quota period 01. 04. - 31. 12. 99 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, excluding livers and roes, presented fresh, chilled or frozen, for processing (a)(b) 09. 2753 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 09. 2756 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 20 10 10 10 10 10 10 10 10 10 10 20 20 25 29 10 10 11 91 10 10 60 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, excluding livers and roes, frozen, for processing (a)(c) Cod livers (Gadus morhua, Gadus ogac, Gadus 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) 7. 000 300 8. 000 3 0 3 01. 04. - 31. 12. 99 01. 04. - 31. 12. 99 01. 04. - 31. 12. 99 Shrimps and prawns of Pandalus borealis, chilled or frozen, for processing (a)(b) the species fresh, in shell, 12. 000 0 01. 04. 99- 31. 03. 00 Surimi, frozen, for processing (a)(b) 15. 000 3,5 Frozen blue grenadier fillets 20. 000 3,5 (Macruronus novaezealandiae) and other frozen meat of blue grenadier, for processing (a)(b) 01. 04. - 31. 12. 99 01. 04. - 31. 12. 99 5 09. 2785 ex 0307 49 59 ex 0307 99 11 09. 2786 ex 0307 49 59 ex 0307 99 11 09. 2788 ex 0302 40 98 ex 0303 50 98 ex 0304 10 96 ex 0304 90 27 10 10 20 20 10 10 10 10 Tubes of squid (Ommastrephes spp. -- 11. 000 3,5 excluding Ommastrephes sagittatus--, Nototodarus spp. , Sepioteuthis spp. ) and Illex spp. , frozen, for processing (a)(b) Squid (Ommastrephes spp. -- excluding 500 3 Ommastrephes sagittatus--, Nototodarus spp. , Sepioteuthis spp. ) and Illex spp. , frozen whole, tentacles and fins, for processing (a)(b) Herrings (Clupea harengus, Clupea 20. 000 0 pallasii), whole, of a weight exceeding 140 g per piece (whole herring) or fillets of a weight exceeding 80 g per piece (fillet) including flaps, excluding livers and roes, fresh, chilled or frozen, for processing (a)(b) 09. 2790 ex 1604 14 16 10 Fillets known as “loins” of tunas and 2. 500 6 skipjack, for processing (a)(b) 01. 04. - 31. 12. 99 01. 04. - 31. 12. 99 01. 11. - 31. 12. 99 01. 04 - 31. 12. 99 (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 dicing, filleting, production of flaps or cutting of frozen blocks), sampling, sorting, labelling, packing, chilling, freezing, deep freezing, thawing, separation. The quota is not available for products intended, in addition, to undergo 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. (c) The quota is available for products destined exclusively for salting and drying. 6 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 3. LEGAL BASIS Art. 28 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) Description Variation on quantities (Tons) Variation of the estimate price € ( /tons) 09. 2753 09. 2756 09. 2758 09. 2765 + 4. 500 (v. previous: 65. 500) 0 (p. previous: 1. 176) - 2. 000 (v. previous: 9. 000) 0 (p. previous : 1. 193) 0 (v. previous: 300) 0 (v. previous: 8. 000) 0 (p. previous: 1. 496) 0 (p; previous: 2. 927) Variation on quota duty (%) 0,7 (d. previous: 3,7) 0,7 (d. previous: 3,7) 0 (d. previous: 0) 0,7 (d. previous: 3,7) Variation on normal duty rate (%) 0 (d. previous: 12) 0 (d. previous: 12) 0 (d. previous: 10) 0 (d. previous: 13) 7 Assessed variation on duty loss against the preceding quota period ( € ) + 1. 015. 476 (previous loss: 6. 393. 324) - 139. 581 (previous loss: 891. 171) 0 (previous loss: - 14. 960) + 163. 912 (previous loss: 2. 370. 870) 09. 2773 09. 2779 09. 2780 09. 2785 09. 2786 09. 2788 09. 2790 + 3. 000 (v. previous: 9. 000) 0 (v. previous: 12. 000) + 15. 000 (v. previous: 5. 000) + 2. 000 (v. previous: 9. 000) 0 (v. previous: 500) + 7. 500 (v. previous: 12. 500) + 1. 300 (v. previous: 1. 200) 0 (p. previous: 3. 202) 0 (p. previous: 2. 199) 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 (d. previous: 12) 0 (d. previous: 15) - 3 (d. previous: 10,5) 0 (d. previous: 8) 0 (d. previous: 8) 0 (d. previous: 15) 0 (d. previous: 24) 0 (d. previous: 0) - 2,5 (d. previous: 6) - 2,5 (d. previous: 6) 0 (d. previous: 3,5) - 0,5 (d. previous: 3,5) 0 (d. previous: 0) - 2 (d. previous: 8) + 1. 152. 720 (previous loss: 3. 458. 160) + 1. 418. 355 (previous loss: 2. 374. 920) + 756. 125 (previous loss: 295. 875) + 122. 850 (previous loss: 552. 825) + 3. 413 (previous loss: 30. 712) + 393. 750 (previous loss: 656. 250) + 167. 328 (previous loss: 764. 928) Sum of assessed variation on duty loss against the preceding quota period: + 4. 454. 348 €. 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. 8