31973R3159

No L 322/4 Official Journal of the European Communities 23 . 11 . 73

REGULATION (EEC) No 3159/73 OF THE COUNCIL of 19 November 1973 amending the Annexes to Regulation (EEC) Nos 2142/70 and 950/68 by reason in particular of the alteration in the tariff classification of certain fisheries products

THE COUNCIL OF THE EUROPEAN from third countries is such as to necessitate the COMMUNITIES , fixing of a reference price for those products ; whereas the products in question should, therefore, be Having regard to the Treaty establishing the European included in Annex IV (B) to Regulation (EEC) No Economic Community ; 2142/70 ; Having regard to Council Regulation (EEC) No 2142/ 70 ( !) of 20 October 1970 on the common organ­ Whereas sea-bream of the species Dentex dentex and ization of the market in fishery products, as last Pagellus are included in Annexes II and IV (B) to Regulation (EEC) No 2142/70 ; whereas the second amended by Regulation (EEC) No 220/73 (2), and in subparagraph of Article 1 8 (2) of that Regulation particular Article 26 thereof ; provides that the reference price for products listed in Having regard to the proposal from the Commission ; Annex IV (B) is to be determined on the basis of the Whereas fillets of herring and other fish, raw, coated reference price for the fresh product ; whereas sea­ with batter or bread crumbs , deep-frozen were until 1 bream is not included in Annex I (A) which specifies March 1972 classified under subheading No 03.01 B the fresh products for which a reference price is to be II (b) of the Common Customs Tariff and included in fixed ; whereas sea-bream of the species Dentex Annex V to Regulation (EEC) No 2142/70 ; whereas dentex and Pagellus should therefore be deleted from that subheading bore a 1 5 % conventional duty ; Annex IV (B) to that Regulation ; Whereas in view of the nature of the abovementioned Whereas these amendments necessitate an amend­ products it was considered more correct to classify ment to Regulation (EEC) No 950/68 and a further them under subheading No 16.04 C and G of the amendment to Annex V to Regulation (EEC) No Common Customs Tariff ; whereas the Nomenclature 2142/70 , 1 Committee of the Customs Cooperation Council has also recommended this classification ; HAS ADOPTED THIS REGULATION : Whereas subheading No 16.04 C and G bear a 20 % conventional duty and the customs duties on the Article 1 products in question have been suspended at 15 % until 31 December 1973 ; whereas, for the purpose of Annexes IV (B) and V to Regulation (EEC) No correctly applying the Common Customs Tariff, the 2142/70 shall be amended as indicated respectively in fillets in question should be assigned to subheading Annexes I and II to this Regulation . No 16.04 C and G and should bear a 15 % conven­ tional duty ; Article 2 Whereas it is therefore appropriate to amend Annex V The Annex to Regulation (EEC) No 950/68 shall be to Regulation (EEC) No 2142/70 and to amend the amended as indicated in Annex III to this Regulation . Annex to Regulation (EEC) No 950/68 (3) of 28 June 1968 on the Common Customs Tariff last amended Article 3 by Regulation (EEC) No 3158 /73 (4) ; This Regulation shall enter into force on the third day Whereas frozen mackerel serves as a substitute for following its publication in the Official Journal of fresh or chilled mackerel , for which a reference price the European Communities. is fixed annually ; whereas, moreover, the sale in certain markets of the Community of frozen mackerel It shall be applicable from 1 January 1974.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 19 November 1973 . For the Council The President Ib FREDERIKSEN

(>) OJ No L 236, 27 . 10 . 1970 , p. 5 . (2) OJ No L 27, 1 . 2. 1973 , p. 1 . P) OJ No L 172, 22. 7. 1968 , p. 1 . (4) See page 1 of this Official Journal.

23 . 11 . 73 Official Journal of the European 'Communities No L 322/5

ANNEX 1

Amendment to Annex IV (B) to Regulation (EEC) No 2142/70

B. Frozen products Sub-heading No ex 03.01 B I Sub-heading No ex 03.01 B II ( b ) and Sub-heading No ex 16.04 G I Cod Coalfish Haddock Redfish ( Sebastes Marinus) Mackerel

ANNEX II

Amendment to Annex V to Regulation (EEC) No 2142/70

CCT heading No Description of goods

03.01 Fish , fresh ( live or dead), chilled or frozen :

B. Saltwater fish : I. ( no change)

II . Fillets : ( a ) ( no change) ( b ) Frozen : 1 , to 5 , ( no change ) 6 , of Mackerel 7 , other

No L 322/6 Official Journal of the European Communities 23 . 11 . 73

ANNEX 111

Amendment to the Annex to Regulation (EEC) No 950/68

Rate of Duty CCT Description of goods autonomous heading No conventional % % or levy

03.01 Fish, fresh (live or dead), chilled or frozen :

B. Saltwater fish : I. ( no change ) II . Fillets : ( a) (no change) ( b ) Frozen : 1 , to 5 , ( no change) 6 , of Mackerel 18 15 7, ( no change)

16.04 Prepared or preserved fish, including caviar and caviar substitutes :

A. ( no change) B. (no change)

C. Herring : I. Fillets, raw, coated with batter or bread­ crumbs, deep frozen 18 15 II . Other 23 20

D. ( no change )

E. (no change ) F. ( no change )

G. Other : I. Fillets, raw, coated with batter or bread­ crumbs, deep frozen 18 15 II . Other 25 20