31990R3523
No L 343 /4 7. 12. 90 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 3523/90 of 4 December 1990 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Community basis, so that the Member States can draw the necessary quantities, corresponding to actual imports Having regard to the Treaty establishing the European recorded, from the quota volumes ; whereas this method Economic Community, and in particular Article 113 of administration calls for close cooperation between the thereof, Member States and the Commission ;
Having regard to the proposal from the Commission, Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg Whereas, in agreements concluded between the Commu are united within, and jointly represented by, the Benelux nity and certain EFTA countries and approved by Deci Economic Union, any operation concerning the adminis sions 86/555/EEC, 86/557/EEC, 86/558/EEC and tration of these quotas may be carried out by any one of 86/559/EEC ('), the Community undertook to open each its members, year, subject to certain conditions, Community tariff quotas at a reduced or zero rate of duty for a number of agricultural and fishery products originating in those countries ; whereais those tariff quotas should be opened HAS ADOPTED THIS REGULATION : for 1991 , and, where necessary, the conditions of eligibi lity laid down should be specified ;
Article 1 Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quota should be applied 1 . From 1 January to 31 December 1991 the customs consistently to all imports of the product in question into duties applicable to imports of the products listed below all Member States until the quotas are exhausted ; whereas shall be suspended at the levels indicated below and the necessary measures should be taken to ensure that within the limits of the Community tariff quotas as these tariff quotas are administered efficiently and on a shown below :
(a) The following products, originating in Sweden :
Amount CN code Quota duty Order No Description of quota o (%) (in tonnes)
0302 Fish, fresh or chilled, excluding fish fillets and other fish meat falling within CN code 0304 : — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), excluding livers and roes : 09.0601 0302 50 10 — — Of the species Gadus morhua 3 500 0 — Other fish, excluding livers and roes : 0302 62 00 — — Haddock (Melanogrammus aeglefinus) 0302 63 00 — — Coalfish (Pollachius virens) 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen : 0304 10 — Fresh or chilled : — — Filets : 09.0603 ' Other : 1 500 0 ex 0304 10 31 — — — — Of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and of fish of the species Bore ogadus saida : — Of the species Gadus morhua
o See Taric codes in the Annex.
(■) OJ No L 328, 22. 11 . 1986, pp. 58, 77, 90 and 99 .
7 . 12. 90 Official Journal of the European Communities No L 343/5
* Amount CN code Quota duty Order No Description of quota 0 (%) (in tonnes)
1604 Prepared or preserved fish ; caviar and caviar substitutes prepared from fish eggs : 09.0605 — Fish, whole or in pieces, but not minced : 250 0 1604 12 — — Herrings : 1604 12 90 — — — Other : 1604 13 — — Sardines, sardinella and brisling or sprats : 1604 13 90 — — — Other 1604 19 — — Other : 09.0607 — — — Other : 200 0 1604 19 99 — — — — Other 1604 20 — Other prepared or preserved fish : 1604 20 90 — — Of other fish 1604 30 — Caviar and caviar substitutes : 09.0609 60 0 1604 30 90 — — Caviar substitutes 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved : 09.061 1 ex 1605 20 00 — Shrimps and prawns : 120 7,5 — Shelled, whether or not frozen, excluding shrimps and prawns of the Crangon variety
O See Taric codes in the Annex.
'b) The following products, originating in Norway :
Amount CN code . Quota duty Order No Description of quota n (%) (in tonnes)
09.0701 ex 1504 20 10 Oils and fats of marine animals, other than whale oil and 1 000 8,5 ex 1504 30 19 sperm oil, in packings of a net capacity of more than 1 kg ex 1516 10 90 0305 Fish, dried, salted or in brine ; smoked fish, whether or not cooked before or during the smoking process ; fish meal fit for human consumption : — Dried fish, whether or not salted but not smoked : 0305 51 — — Cod (Gadus morhua, Gadus ogac, Gadus macroce phalus) : 09.0707 ex 0305 51 10 — — — Dried, unsalted : — Excluding of cod of the species Gadus macroce phalus 3 900 0 0305 59 — — Other : — — — Fish of the species Boreogadus saida : 0305 59 1 1 — — — — Dried, unsalted 09.0709 0305 30 19 Fillets of cod of the species Gadus morhua and Gadus ogac, 3 000 0 and fish fillets of the species Boreogadus saida, dried, salted or in brine 09.071 1 Prepared or preserved fish, including caviar and caviar substi tutes prepared from fish eggs : ex 1604 13 90 Other : — Sardinella, brisling or sprats, not including fillets, raw, merely coated with batter or breadcrumbs, whether or not 400 10 pre-fried in oil, deep-frozen ex 1604 19 99 Other, not including smoked saithe ex 1604 20 90 Fish other than herring and smoked saithe
(*) See Taric codes in the Annex.
No L 343/ 6 Official Journal of the European Communities 7 . 12 . 90
(c) The following products, originating in Austria :
Amount Order No CN code Quota duty Description , of quota (%) (in hi)
09.0801 2009 80 1 1 Concentrated pear juice 2 000 30 + AGR 2009 80 19 possibly applicable
(d) The following products, originating in Switzerland :
Amount CN code Quota duty Order No Description of quota 0 (%) (in tonnes)
09.0901 0809 20 10 Table cherries excluding Morello cherries 1 000 0 ex 0809 20 90
(*) See Taric codes in the Annex.
2. Within the limits of the quotas referred to in para 2886/89 (2), shall be at least equal to the reference price, if graph 1 under order Nos 09.0701 , 09.0801 and 09.0901 , such a price has been fixed by the Community; for the the Kingdom of Spain and the Portuguese Republic shall products or categories of products in question. apply customs duties calculated in accordance with the relevant provisions of the 1985 Act of Accession. 5. The protocols on the definition of the concept of originating products and on methods of administrative cooperation, annexed to the Agreement between the For the other quotas, the Kingdom of Spain and the European Economic Community on the one hand and Portuguese Republic shall apply the duties set out below : the Kingdom of Sweden, the Kingdom of Norway, the Order No Republic of Austria and the Swiss Confederation on the Spain (%) Portugal (%) other, shall be applicable.
09.0601 0 0 09.0603 0 0 Article 2 09.0605 3,5 7,5 The tariff quotas referred to in Article 1 shall be adminis 09.0607 3,5 7,5 tered by the Commission, which may take any appro 09.0609 3,5 7,5 priate administrative measure in order to ensure efficient administration. 09.061 1 7,2 13,1 09.0707 1,7 0 09.0709 1.7 0 Article 3
09.071 1 11 15 If an importer presents in a Member State a declaration of entry into free circulation including a request for prefe rential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authori 3. Imports of the products listed in paragraph 1 which ties, the Member State concerned shall draw, from the already qualify for a lower or the same rate of customs quota volume by means of notification to the Commis duty under other preferential tariff arrangements may not sion, a quantity corresponding to those needs. be charged against the corresponding tariff quota. The requests for drawing, with the indication of the date 4. Imports of the products referred to in paragraph 1 of acceptance of the said declarations, must be communi under order Nos 09.0601 to 09.0611 , 09.0707, 09.0709 cated to the Commission without delay. and 09.0711 shall not qualify for the quota unless the free-at-frontier price, which is determined by the Member The drawings are granted by the Commission on the basis States' in accordance with Article 21 of Council Regula of the date of acceptance of the declaration of entry into tion (EEC) No 3796/81 of 21 December 1981 on the free circulation by the customs authorities of the Member common organization of the market in fishery State concerned, to the extent that the available balance products ('), as last amended by Regulation (EEC) No so permits.
(') OJ No L 379, 31 . 12. 1981 , p. 1 . 0 OJ No L 282, 2. 10. 1989, p. 1 .
7. 12 . 90 Official Journal of the European Communities No L 343/7
If a Member State does not use the quantities drawn, it Article 5 shall return them as soon as possible to the corresponding quota volume. Member States and the Commission shall cooperate If the quantities requested are greater than the available closely in order to ensure that this Regulation is complied balance of the quota volume, allocation shall be made on with . a pro rata basis with respect to the requests. Member States shall be informed thereof by the Commission.
Article 4 Each Member State shall guarantee importers of the Article 6 products in question equal and continuous access to the quotas as long as the balance of the corresponding quota volume allows. This Regulation shall enter into force on 1 January 1991 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 4 December 1990.
For the Council The President G. DE MICHELIS
ANNEX
Tanc codes
Order CN code Taric code No
09.0603 ex 0304 10 31 0304 10 31 * 10
09.0611 ex 1605 20 00 1605 20 00*91 1605 20 00 ' 92 1605 20 00 * 96
09.0701 ex 1504 20 10 1.504 20 10 * 90 ex 1504 30 19 1504 30 19 * 90 ex 151610 90 1516 10 90 * 11
09.0707 ex 0305 51 10 0305 51 10 * 10 0305 51 10 * 20
09.0711 ex 1604 13 90 1604 13 90*91 1604 13 90*99 ex 1604 1 9 99 1604 19 99*90 ex 1604 20 90 1604 20 90*30 1604 20 90 * 90
09.0901 ex 0809 20 10 0809 20 10 * 91 ex 0809 20 90 0809 20 90 * 12 0809 20 90 * 25 0809 20 90 * 33 0809 20 90 * 45 0809 20 90 * 75