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Council Regulation (EC) No 824/2007 of 10 July 2007 opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2007 to 2009 (Text with EEA relevance)

In forceVersion 2007-07-10from 2007-07-17
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
    3. Article 3
    4. Article 4
    5. Article 5
  3. ANNEX
  4. ANNEX
  5. Statement by the Commission and the Council

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Community supplies of certain fishery products currently depend on imports from third countries. It is in the Community's interest to suspend in part or in whole the customs duties for those products, within Community tariff quotas of an appropriate volume. In order not to jeopardise the development prospects of those products in the Community and in order to ensure an adequate supply to satisfy user industries, such quotas should be opened, applying variable customs duties in accordance with the sensitivity of the product in question on the Community market.

(2) Equal and uninterrupted access to those quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied without interruption to all imports of the products concerned into all Member States until the quotas have been used up.

(3) To ensure the efficiency of a common management of the quotas, Member States should be permitted to draw from the quota amount the necessary quantities corresponding to their actual imports. Since that method of management requires close cooperation between the Member States and the Commission, the latter should in particular be able to monitor the rate at which the quotas are used up and should inform the Member States accordingly.

(4) 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 Code provides for a system of tariff quota management which follows the chronological order of the dates of acceptance of the declarations of release for free circulation. The tariff quotas opened by this Regulation should be managed by the Commission and the Member States in accordance with that system.

(5) Council Regulation (EC) No 379/2004 of 24 February 2004 opening and providing for the management of autonomous Community tariff quotas for certain fishery products expired on 31 December 2006. No autonomous tariff quotas were available for the period between 1 January 2007 and the entry into force of this Regulation. Furthermore, given the fact that all quotas opened by this Regulation are subject to end use conditions in order to benefit from the favourable tariff treatment, a retro-active implementation of this Regulation is not possible. Therefore, in order to ensure a certain continuity with the previous quota system, a successor regime should be foreseen which allows to grant a reduction on import duties for fishery products released into free circulation between 1 January 2007 and the entry into force of this Regulation. The successor regime should take due account of the end use conditions and the available quantities of the specific quotas.

(6) Given the urgency of the matter, it is important to grant an exception to the six-week period mentioned in paragraph 1(3) of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

Article 1

1. Import duties on the products listed in the Annex shall be suspended, within tariff quotas, at the rates for the periods, and up to the amounts, indicated therein.

2. Imports of the products listed in the Annex shall be covered by the quotas referred to in paragraph 1 only if the declared customs value is at least equal to the reference price fixed, or to be fixed, in accordance with Article 29 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products.

Article 2

The tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

The Commission and the Member States shall cooperate closely to ensure that this Regulation is complied with.

Article 4

1. Customs duties for fishery products released into free circulation between 1 January 2007 and 17 July 2007 which fall within the product scope of one of the tariff quotas listed in the Annex may be reduced on request of the declarant in accordance with the rates of duty set out therein.

2. The request shall be submitted by 14 August 2007 to the customs office in charge of the release into free circulation of the product in question, indicating the quota concerned. It shall be accompanied with all relevant documentation which prove that the imported product falls within the scope of the quota and that it had been or will be used in accordance with the end use conditions set out in the Annex for the tariff quota concerned.

3. This Article shall apply only where the balance of the relevant tariff quota so permits at the date of acceptance of the duly justified request. Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 shall apply mutatis mutandis.

Article 5

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 July 2007. For the Council The President F. Teixeira dos Santos

ANNEX

ANNEX

Order No CN code TARIC code Description Annual amount of quota (tons) Quota duty Quota period 09.2759 ex03025010 20 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), excluding livers and roes, fresh, chilled or frozen, for processing 80000 0 % 1.1.2007-31.12.2009 ex03025090 10 ex03035210 10 ex03035230 10 ex03035290 10 09.2765 ex03056200 20 25 29 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 10000 0 % 1.1.2007-31.12.2009 ex03056910 10 09.2761 ex03042991 10 Blue grenadier (Macruronus spp.), frozen fillets and other meat, for processing 20000 0 % 1.1.2007-31.12.2009 ex03042999 41 81 ex03049999 60 81 09.2760 ex03037811 10 Hake (Merluccius spp. excluding Merluccius merluccius, Urophycis spp.), and Pink cusk-eel (Genypterus blacodes), frozen, for processing 15000 0 % 1.1.2007-31.12.2009 ex03037812 10 ex03037813 10 ex03037819 11 81 ex03037890 10 ex03037993 10 09.2766 ex03042999 71 Southern blue whiting (Micromesistius australis), frozen fillets and other meat, for processing 2000 0 % 1.1.2007-31.12.2009 ex03049999 91 09.2770 ex03056300 10 Anchovies (Engraulis anchoita), salted or in brine, but not dried or smoked, for processing 10000 0 % 1.1.2007-31.12.2009 09.2788 ex03024000 10 Herrings (Clupea harengus, Clupea pallasii), of a weight exceeding 100 g per piece or flaps of a weight exceeding 80 g per piece, excluding livers and roes, for processing 20000 0 % 1.10.2007-31.12.2007 ex03035100 10 1.10.2008-31.12.2008 ex03041997 10 1.10.2009-31.12.2009 ex03049923 10 09.2792 ex16041299 10 Herrings, spiced and/or vinegar-cured, in brine, preserved in barrels of at least 70 kg net drained weight, for processing 10000 6 % 1.1.2007-31.12.2009 09.2790 ex16041416 20 Filets known as loins of tunas and skipjack, for processing 8000 6 % 1.1.2007-31.12.2007 30 9000 6 % 1.1.2008-31.12.2008 95 10000 6 % 1.1.2009-31.12.2009 09.2762 ex03061110 10 Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.), frozen, for processing 1500 6 % 1.1.2007-31.12.2009 ex03061190 10 09.2794 ex16052010 50 Shrimps and prawns of the species Pandalus borealis; cooked and peeled, for processing 20000 6 % 1.1.2007-31.12.2009 ex16052099 45 09.2785 ex03074959 10 Tubes of squid (Ommastrephes spp. — excluding Ommastrephes sagittatus —, Nototodarus spp., Sepioteuthis spp.) and Illex spp., frozen, with skin and fins, for processing 45000 0 % 1.1.2007-31.12.2009 ex03079911 10 09.2786 ex03074959 20 Squid (Ommastrephes spp. — excluding Ommastrephes sagittatus —, Nototodarus spp., Sepioteuthis spp.) and Illex spp., frozen whole or tentacles and fins, for processing 1500 0 % 1.1.2007-31.12.2009 ex03079911 20 09.2772 ex03049910 10 Surimi, frozen, for processing 55000 0 % 1.1.2007-31.12.2009 09.2774 ex03042958 10 Hake (Merluccius productus), frozen fillets for processing 15000 4 % 1.1.2007-31.12.2009 09.2776 ex03042921 10 Cod, (Gadus morhua, Gadus macrocephalus), frozen fillets and meat, for processing 20000 0 % 1.1.2007-31.12.2009 ex03042929 20 ex03049931 10 ex03049933 10 09.2778 ex03042999 65 Sole, frozen fillets and other fish meat (Limanda aspera, Lepidopsetta bilineata, Pleuronectes quadrituberculatus), for processing 5000 0 % 1.1.2007-31.12.2009 ex03049999 65

Statement by the Commission and the Council

The Commission and the Council re-state that the practice of glazing is to be associated with the freezing of the product and may thus not constitute a processing operation giving quota entitlement in the sense of footnote (b).

Versions

  1. 2007-07-10

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