31990R3921
31 . 12 . 90 Official Journal of the European Communities No L 376 / 1
I
(Acts whose publication is obligatory)
COUNCIL REGULATION ( EEC ) No 3921 / 90 of 20 December 1990
opening and providing for the administration of autonomous Community tariff quotas for certain fishery products ( 1991 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , have been used up ; whereas the necessary measures should be taken to ensure efficient Community management of the tariff quotas, while allowing Member States to draw on the Having regard to the Treaty establishing the European quota volumes the necessary quantities which correspond to Economic Community, and in particular Article 28 thereof, importations actually made; whereas this type of management requires close cooperation between the Member States and the Commission ; Having regard to the proposal from the Commission, Whereas, since the Kingdom of Belgium, the Kingdom of the Whereas Community supplies of certain species of fish or fish Netherlands and the Grand Duchy of Luxembourg are united fillets currently depend on imports from third countries; within, and jointly represented by , the Benelux Economic whereas it is in the Community's interest to suspend partially Union , any operation relating to the administration of the the customs duties for the products in question , within tariff quotas may be carried out by any of its members, 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 these quotas for the period from 1 April to 31 December HAS ADOPTED THIS REGULATION: 1991 applying customs duties varied accordingly to sensitivity of the different products on the Community market; Article 1 Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the 1 . From 1 April to 31 December 1991 , the customs duties said quotas and to ensure the uninterrupted application of applicable on importation to products listed below shall be the rates laid down for the quotas to all imports of the suspended at the levels and within the limits of the products concerned into all Member States until the quotas Community tariff quotas indicated for each product:
Amount of Series CN code Quota duty No Description quota (') ( % ) (in tonnes )
09.2753 ex 0302 50 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish of ex 0302 69 35 the genus Boreogadus saida, excluding, livers , roes , presented fresh , ex 0303 60 chilled or frozen , for processing ( a ) (b ) 40 000 3,7 ex 0303 79 41
09.2755 ex 0302 63 00 Coalfish (Pollachius virens), excluding livers , roes, presented fresh , ex 0303 73 00 chilled or frozen , for processing (a) (b ) 15 000 3,7
09.2757 ex 0302 62 00 Haddock (Melanogrammus aeglefinus), excluding livers, roes , ex 0303 72 00 presented fresh , chilled or frozen, for processing ( a ) ( b) 8 000 3,7
09.2765 0305 62 00 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the 0305 69 10 species Boreogadus saida, salted or in brine , but not dried or smoked 55 000 7
No L 376 / 2 Official Journal of the European Communities 31 . 12 . 90
CN code Amount of Series Quota duty .No (') Description quota ( % ) (in tonnes)
09.2767 0305 51 10 Cod (Gadus morhua, Gadus orgac, Gadus macrocephalus) and fish of 0305 59 11 the species Boreogadus saida, dried , unsalted, not smoked 600 10
09.2769 0305 30 11 Fish fillets , dried , whether or not salted , of cod (Gadus morhua, Gadus 0305 30 19 ogac, Gadus macrocephalus) and of fish of the species Boreogadus saida 1 200 11
09.2771 ex 0305 30 90 Fillets of coalfish (Pollachius virens), salted , for processing ( a ) ( b) 3 500 10
09.2773 ex 0306 13 10 Shrimps and prawns of the species Pandalus borealis, in shell , fresh , ex 0306 23 10 chilled or frozen , for processing ( a) (b) 5 000 6
09.278 ? ex 0302 21 10 Lesser or Greenland halibut (Reinhardtius hippoglossoides), fresh , ex 0303 31 10 chilled or frozen , for processing (aj (b) 5 000 4
(') See Taric codes in the Annex . ( a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions. ( b) The quota shall apply to products intended to undergo any operation unless they are intended to undergo exclusively one or more of the following operations : — cleaning, gutting, tailing, heading, — cutting (excluding filleting or cutting of frozen blocks ), — sampling, sorting, — labelling, — packing, — chilling, — freezing, — deep freezing , — thawing, separation . The quota is not allowed for products intended, in addition to undergo treatment (or operations) qualifying for the quota 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 .
2 . Within the limits of these tariff quotas, the Kingdom of benefit for a product covered by this Regulation and if this Spain and the Portuguese Republic shall apply customs duties entry for release is accepted by the customs authorities , the calculated in accordance with the relevant provisions in the Member States concerned shall inform the Commission and Act of Accesion . draw an amount corresponding to its requirements from the corresponding quota amount . 3 . 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 The drawing requests, with indication of the date of States in accordance with Article 21 of Regulation ( EEC) No acceptance of the said entries , must be transmitted to the 3796 / 810 ), as last amended by Regulation ( EEC ) No Commission without delay . 3468 / 88 (2 ), 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 drawings are granted by the Commission by reference to the date of acceptance of the entries for release for free Article 2 circulation by the customs authorities of the Member States concerned to the extent that the available balance so The tariff quotas referred to in Article 1 ^hall be managed permits . by the Commission , which may take all appropriate administrative measures in order to ensure effective administration thereof. If a Member State does not use the quantities drawn , it shall return them as soon as possible to the corresponding quota amount . Article 3 /
If an importer presents in a Member State an entry for release for free circulation , including a request for preferential If the quantities requested are greater than the available I 1 ) OJ No L 379 , 31 . 12. 1981 , p. 1 . balance of the quota amount, allocation shall be made on a m OT No L 305 . 10 . 11 . 1988 . D. 1 . pro rata basis with respect to the requests. Member States
31 . 12 . 90 Official Journal of the European Communities No L 376 / 3
shall be informed by the Commission of the drawings Article 5 made. v The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 4
Each Member State shall ensure that importers of the products concerned have equal and uninterrupted access to Article 6 the quotas for such time as the residual balance of the quota volumes so permits. This Regulation shall enter into force on 1 April 1991 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 December 1990 .
For the Council The President P. BUKMAN
ANNEX
Series No CN code Taric code
09.2753 ex 0302 50 10 * 10 \ ex 0302 50 90 » 11 ex 0302 50 90 » 91 ex 0302 69 35 * 10 l ex 0303 60 11 * 10 \ ex 0303 60 19 * 10 ex 0303 60 90 * 10 ex 0303 79 41 » 10
09.2755 ex 0302 63 00 * 10 ex 0303 73 00 * 10 09.2757 ex 0302 62 00 * 10 ex 0303 72 00 * 10
09.2769 ex 0305 3011 * 10 ex 0305 30 19 * 10 l
09.2771 ex 0305 30 90 * 13 09.2773 ex 0306 13 10 * 10 ex 0306 23 10 * 11 ex 0306 23 10 » 91 \
09.2789 ex 0302 21 10 * 10 ex 0302 31 10 * 10 I