31973R3609

31 . 12 . 73 Official Journal of the European Communities No L 365 / 171

REGULATION (EEC) No 3609/73 OF THE COUNCIL of 27 December 1973 on customs treatment to be applied to certain fishery products originating in Norway

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 2. Customs duties applicable to imports into Denmark and the United Kingdom of products Having regard to the Treaty establishing the originating in Norway and falling within tariff European Economic Community, and in particular heading Nos ex 03.01 , ex 16.04 and ex 16.05 of the Articles 43 and 113 thereof ; Common Customs Tariff, listed in Table II annexed to this Regulation, shall be fixed at the level shown Having regard to the proposal from the Commission ; for each of them . Having regard to the Opinion of the European 3 . Customs duties applicable to imports into Parliament ; Ireland of products originating in Norway and falling Whereas by an exchange of letters between the within tariff heading Nos ex 03.01 , ex 16.04 and ex European Economic Community and Norway, the 16.05 of the Common Customs Tariff listed in Table Community undertook to effect an autonomous III annexed to this Regulation, shall be reduced to, or reduction of the customs duties applicable to certain fixed at, the level shown for each of them . fishery products falling within tariff heading Nos ex 03.01 , ex 16.04 and ex 16.05 of the Common 4. The reductions provided for in paragraphs 1 , 2 Customs Tariff, originating in Norway, provided that and 3 shall be applied provided only that Norway Norway respected current terms of general complies with present or future Community reference competition in the fisheries sector; prices . Whereas that exchange of letters provided for certain rules of origin ; whereas, if such rules are to be Article 2 applied, the conditions governing the carriage of originating products and arrangements for The concept of originating products is defined and administrative cooperation must be laid down ; the arrangements for administrative cooperation are whereas the fact that the products in question are laid down in the Annex to this Regulation. originating products must be substantiated by a movement certificate issued by the Norwegian customs authorities when the corresponding products Article 3 are exported, In no case may canned sprats (Sprattus sprattus) be HAS ADOPTED THIS REGULATION : held in stock or exhibited for sale, be put into circulation or sold in the Community under a name Article 1 other than that of canned sprats or brisling; in particular they must not bear the name of Norway sardines, anchovies or herrings. 1 . Customs duties applicable to imports into the Community as originally constituted of products originating in Norway, and falling within tariff Article 4 heading Nos ex 03.01 , ex 16.04 and ex 16.05 of the Common Customs Tariff, listed in Table I annexed to this Regulation, shall be reduced to the level This Regulation shall enter into force on 1 January shown for each of them . 1974 .

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 27 December 1973 . For the Council The President Ove GULDBERG

No L 365 / 172 Official Journal of the European Communities 31 . 12 . 73

ANNEX

I. For the purpose of implementing the tariff reductions provided for in Article 1 , the following products , provided they are transported directly to the Community , shall be considered as originating in Norway : ( a ) products obtained by fishing conducted in Norway ; ( b) products taken from the sea by Norwegian vessels ; (c ) products made aboard Norwegian factory ships exclusively from products referred to in subparagraph ( b) ; ( d) goods produced in Norway from products specified in subparagraphs ( a), (b) and (c).

The term ' in Norway' shall cover also the territorial waters of Norway . Vessels operating on the high seas , including factory ships , on which the fish caught is worked or processed shall be considered as part of the territory of Norway provided that they satisfy the conditions set out below concerning vessels .

The term ' Norwegian vessels' shall apply only to vessels : — which are registered in Norway ; — which sail under the flag of Norway ; — which are at least 50 % owned by nationals of Member States of the Community or of Norway or by a company with its head office in one of those States, of which the manager or managers , chairman of the board of directors or of the supervisory board, and the majority of the members of such boards are nationals of the Member States of the Community or of Norway , and of which , in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States ; — of which the captain and all the officers are nationals of the Member States of the Community or of Norway, — of which at least 75 % of the crew are nationals of the Member States of the Community or of Norway.

II . Products shall be regarded as being transported directly from Norway to the Community where they cross no territories other than those of Norway and of the Community.

III . Originating products within the meaning of this Annex shall, on import into the Community , benefit from the provisions of Article 1 on production of an EUR.l movement certificate as issued by the Norwegian customs authorities under the EEC/ Norway Agreement on written application by the exporter made out on the form prescribed for this purpose.

IV. The provisions of Protocol No 3 annexed to Council Regulation (EEC) No 1691 /73 of 25 June 1973 which relate to the issuing of certificates , the time limit for the submission of such certificates to the customs authorities of the importing State and mutual assistance between Norway and Member States for the purpose of checking the authenticity and accuracy of movement certificates , shall apply.

31 . 12 . 73 Official Journal of the European Communities No L 365 / 173

TABLE I

Duties applicable to products imported into the Community as originally constituted

Rate of duty applicable from CCT heading Description No 1 . 1 . 1974 1 . 1 . 1975 1 . 1 . 1976 1 . 1 . 1977 1 . 7 . 1977

03.01 Fish, fresh ( live or dead), chilled or frozen : B. Saltwater fish : II . Fillets : b ) Frozen : 1 . Of cod ( Gadus morrhua or Gadus callarías) 12 % 9 % 6% 6% 3 % 2 . Of saithe Pollachius virens or Gadus virens) 12 % 9 % 6% 6% 3 % 3 . Of haddock 12 % 9 % 6% 6% 3 % 4 . Of redfish (Sebastes marinus) 12 % 9 % 6% 6% 3 % 6 . Of mackerel 12 % 9 % 6 % 6% 3 % 7 . Other 12% 9% 6% 6 % 3 %

16.04 Prepared or preserved fish, including caviar and caviar substitutes : ex C. Herring: — Fillets, raw, merely covered with batter or bread crumbs, frozen 12% 9% 6% 6% 3 % ex G. Other : — Fillets, raw, merely covered with batter or bread crumbs 12 % 9 % 6% 6% 3 % — Sprats (Sprattus sprattus), in airtight cans ( J ) 18 % 16% 14% 14% 12%

16.05 Crustaceans and molluscs, prepared or preserved : ex A. Crabs, in airtight cans (*) 14 % 12% 10 % 10% 7-5 % ex B. Other : — Shrimps and prawns, shelled and frozen, excluding shrimps of the genus Crangon sp.p . 17-5 % 15 % 12-5 % 10% 7-5 %

(l) ' Airtight cans' means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened other than by the process of deterioration .

No L 365 / 174 Official Journal of the European Communities 31 . 12 . 73

TABLE II

Duties applicable to products imported into Denmark or the United Kingdom

Rate of duty applicable from CCT heading Description No 1 . 1 . 1974 1 . 1 . 1975 1 . 1 . 1976 1 . 7 . 1977

03.01 Fish, fresh (live or dead), chilled or frozen : B. Saltwater fish : II. Fillets : b) Frozen : 1 . Of cod (Gadus morrhua or Gadus callarías) Free 1-5 % 1-5 % 3 % 2. Of saithe (Pollacbius virens or Gadus virens) Free 1-5 % 1-5 % 3 % 3 . Of haddock Free 1-5 % 1-5 % 3 % 4 . Of redfish (Sebastes marinus) Free 1-5 % 1-5 % 3 % 6 . Of mackerel Free 1-5 % 1-5 % 3 % 7. Other Free 1-5 % 1-5 % 3 %

16.04 Prepared or preserved fish, including caviar and caviar substitutes : ex C. Herring: I. Fillets, raw, merely covered with batter or bread crumbs, frozen Free 1-5 % 1-5 % 3 % ex G. Other : I. Fillets, raw, coated with batter or bread crumbs, frozen Free 1-5 % 1-5 % 3 % II . Other — Sprats (Sprattus sprattus), in airtight cans i1 ) 3 % 6 % 9 % 12 %

16.05 Crustaceans and molluscs, prepared or preserved : ex A. Crabs, in airtight cans (*) Free 2-5 % 5% 7-5 % ex B. Other : — Shrimps and prawns, shelled and frozen, excluding shrimps of the genus Crangon sp.p. Free 2 -5 % 5% 7-5 %

( ) 'Airtight cans' means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened other than by the process of deterioration.

31 . 12 . 73 Official Journal of the European Communities No L 365 / 175

TABLE III

Duties applicable to products imported into Ireland

Rate of duty applicable from CCT heading Description No 1 . 1 . 1974 1 . 1 . 1975 1 . 1 . 1976 1 . 7 . 1977

03.01 Fish, fresh (live or dead), chilled or frozen : B. Saltwater fish : II . Fillets : b) Frozen : 1 . Of cod (Gadus morrbua or Gadus callarías) 12% 9 % 6% 3 % 2. Of saithe (Pollachius virens or Gadus virens) 12% 9% 6% 3 % 3 . Of haddock 12% 9 % 6% 3 % 4 . Of redfish (Sebastes marinus) 12% 9 % 6% 3 % 6 . Of mackerel 12% 9% 6% 3 % 7. Other 12% 9% 6% 3 %

16.04 Prepared or preserved fish, including caviar and caviar substitutes : ex C. Herring: I. Fillets, raw, merely covered with batter or bread crumbs, frozen 12% 9 % ' 6% 3 % ex G. Other : I. Fillets, raw, merely covered with batter or bread crumbs, frozen 12% 9 % 6% 3 % II . Other — Sprats (Sprattus sprattus), in airtight cans (*) 35 % 29% 21 % 12 %

16.05 Crustaceans and molluscs, prepared or preserved : ex A. Crabs, in airtight cans (*) 33-4 % 27% 18 % 7-5 % ex B. Other: — Shrimps and prawns, shelled and frozen, excluding shrimps of the genus Crangon sp.p . Free 2-5 % 5 % 7-5 %

J1) 'Airtight cans' means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened other than by the process of deterioration .