Council Regulation (EC) No 669/97

Contents

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,Having regard to the proposal from the Commission,

(2)Whereas the abolition is subject to Community tariff quotas and ceilings and, for some of these products, Community statistical surveillance; whereas the said Community tariff quotas and ceilings in respect of products originating in the Faroe Islands should therefore be opened for the volumes indicated respectively in Annexes I and II to this Regulation and Community statistical surveillance established in respect of the products listed in Annex III thereto;

(3)Whereas the preferential rates of duty indicated in Annexes I, II and III apply only where the free-at-frontier price determined by the Member States in accordance with Article 22 of Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery products and aquaculture^note is at least equal to the reference price set, or to be set, by the Community for the products or categories of products concerned;

(4)Whereas, for reasons of simplification, provision should be made to empower the Commission to give effect, following receipt of the opinion of the Customs Code Committee set up by Article 247 of Regulation (EEC) No 2913/92^note, to necessary amendments and technical adaptations to the Annexes to this Regulation arising from amendments of the combined nomenclature and Taric codes and to adaptations of volume, periods and quota rates arising from decisions by the Council or by the Commission;

(5)Whereas, for the same reasons, provision should be made for this procedure to be applied in cases where the abovementioned Agreement is amended to the extent that the agreed amendments specify the products eligible for tariff quotas or subject to tariff ceilings or to statistical surveillance, quota-volumes, duties and tariff periods, and any eligibility criteria;

(6)Whereas the Agreement provides for tariff quotas, tariff ceilings and statistical surveillance for an indefinite period; whereas, therefore, to make implementation of the measures concerned more efficient and simpler, this Regulation should apply on a multiannual basis;

(7)Whereas equal and continuous access to the quotas in respect of the products likely to benefit from the Community tariff quotas listed in Annex I should be ensured for all Community importers and the rates of duty laid down for the quotas should be applied consistently to all imports of the products in question in all Member States until the quotas are exhausted;

(8)Whereas the Community should take the decision to open tariff quotas in the execution of its international obligations; whereas, to ensure the efficiency of a common administration of these quotas, there is no reason why the Member States should not be authorized to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas this method of administration does, however, require close cooperation between the Member States and the Commission, which must be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;

(9)Whereas, in respect of products listed in Annex II and subject to Community tariff ceilings, Community surveillance may be effected by charging imports of these products against the ceilings at Community level as and when the products are presented at customs and declared for free circulation; whereas this method of administering the ceilings should enable customs duties to be restored as soon as the ceilings in question are reached at Community level;

(10)Whereas this method of administering the ceilings calls for close and especially speedy cooperation between the Member States and the Commission, which must be able to monitor the level reached by imports charged against the ceilings and inform the Member States accordingly; whereas this cooperation should be close enough to allow the Commission to take appropriate steps to restore customs duties as soon as one of the ceilings is reached;

(11)Whereas, for the products listed in Annex III, it would seem appropriate to have recourse to the system of statistical surveillance administered by the Commission pursuant to the relevant provisions of Regulations (EC) No 1172/95^note and (EEC) No 2658/87^note;

(12)Whereas Regulation (EC) No 1983/95^note, which brought into force the measures applicable pursuant to the old agreement, should be repealed,

(1)Whereas Articles 3 and 8 of the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, signed on 6 December 1996^note, provide for the abolition of customs duties applicable to imports into the Community of certain fish and fishery products listed in Protocol 1 attached to the said Agreement;

HAS ADOPTED THIS REGULATION:

Article 1 #

From 1 January to 31 December each year, the customs duties applicable to imports into the Community of products listed in the Annex and originating in the Faroe Islands shall be suspended at the levels and within the limits of the Community tariff quotas specified therein.

Article 2 #

The tariff quotas provided for in this Regulation shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3 #

Where an importer enters a product covered by this Regulation for free circulation in a Member State accompanied by:

—a request for preferential treatment, and

—a movement certificate, complying with the rules laid down in the Protocol concerning the definition of the concept of originating products and methods of administrative cooperation annexed to Decision 97/126/EC^note,

and his declaration is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission accordingly, draw a quantity from the quota concerned to satisfy the requirement.Applications for drawings from the quotas shall indicate the date on which the declarations were accepted and shall be sent to the Commission forthwith.Drawings shall be granted by the Commission on the basis of the date when the declarations for free circulation were accepted by the customs authorities of the Member State concerned, provided the available balance is sufficient.Where a Member State fails to use the quantities drawn, it shall return them as soon as possible to the relevant quota.Where the quantities applied for are in excess of the available balance, allocation shall be made in proportion to the requirements. The Member State shall be informed by the Commission of the quantities drawn.

Article 4 #

1.From 1 January to 31 December each year imports into the Community of certain products originating in the Faroe Islands, listed in Annexes II and III, shall be subject respectively to tariff ceilings and Community surveillance.The description of the products referred to in the first subparagraph, the ceilings and the customs duty applicable are specified in the said Annexes.

2.Imports shall be charged against the ceilings as and when the products are presented to customs under cover of declarations for free circulation accompanied by a movement certificate as specified in the second indent of the first subparagraph of Article 3.Goods may be charged against the ceiling only if the movement certificate is presented before the date when collection of customs duty is resumed.Utilization of ceilings shall be recorded at Community level on the basis of imports charged against them as specified in the first and second subparagraphs.Member States shall inform the Commission of any import operation carried out in accordance with the procedure determined above at the intervals and within the deadlines laid down in paragraph 4.

3.As soon as the ceilings are reached, the Commission may, by adopting a Regulation, resume the collection of the customs duties applicable to third countries until the end of the calendar year.

4.Member States shall send the Commission, no later than the fifteenth of each month, the statements showing the quantities charged during the preceding month.

5.The statistical surveillance provided for in respect of products specified in Annex III shall be carried out at Community level on the basis of imports charged as specified in the first subparagraph of paragraph 2 and notified to the Statistical Office of the European Communities pursuant to Regulations (EC) No 1172/95 and (EEC) No 2658/87.

Article 5 #

1.The provisions necessary to apply this Regulation, in particular:

(a)any technical amendments and adaptations which may be needed as a a result of changes to the combined nomenclature or Taric codes;

(b)any adaptations needed following a change to the Agreement between the European Community and the Faroe islands, as approved by an act of the Council,

shall be adopted in accordance with the procedure set out in Article 6 (2).

2.The provisions adopted pursuant to paragraph 1 do not authorize the Commission to:

—carry over preferential quantities from one quota period to another,

—amend the timetables laid down in the Agreements or protocols,

—transfer quantities from one quota to another,

—open and administer quotas resulting form new agreements,

—adopt legislation affecting the administration of quotas subject to import certificates.

Article 6 #

1.The Commission shall be assisted by the Customs Code Committee.

2.The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority as laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission shall defer application of the measures which it has adopted for three months from the date of such communication.The Council, acting by a qualified majority, may take a different decision within the time limit specified in the previous subparagraph.

3.The Committee may examine any question concerning the application of this Regulation which is raised by its chairman either at the latter's initiative or at the request of a Member State.

Article 7 #

Rates of duty specified in Annexes I, II and III shall apply only where the free-at frontier price determined by Member States in accordance with Regulation (EEC) No 3759/92 is at least equal to the reference price set, or to be set, by the Community in respect of the products or categories of products concerned.

Order number	CN code	Taric subdivision	Description	Level of tariff ceiling (tonnes)
17.0011	0302		Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304:	2000^note
030240		— Herring (Clupea harengus, Clupea pallasii), excluding livers and roes:
03024005		— — from 1 January to 14 February	0
03024098		— — from 16 June to 31 December	0
0303		Fish, frozen, excluding fish fillets and other fish meat of heading No 0304:
030350		— Herring (Clupea harengus, Clupea pallasii), excluding livers and roes:
03035005		— — from 1 January to 14 February	0
03035098		— — from 16 June to 31 December	0
0304		Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:
030420		— Frozen fillets:
03042075		— — Of herring (Clupea harengus, Clupea pallasii)	0
030490		— Other:
		— — — — of herring (Clupea harengus, Clupea pallasii):
03049020		— — — — — from 1 January to 14 February	0
03049027		— — — — — from 16 June to 31 December	0
17.0013	0302		Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304:	3000
030264		— — Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus):
ex03026405		— — — from 1 January to 14 February:
	10	— — — — Mackerel (Scomber scombrus)	0
ex03026498		— — — from 16 June to 31 December:
	10	— — — — Mackerel (Scomber scombrus)	0
17.0015	0304		Fish fillets and other fish meat (whether or not minced) fresh, chilled or frozen:	25000
030420		— Frozen fillets:
03042031		— — Of coalfish (Pollachius virens)	0
030490		— Other:
03049041		— — — — Of coalfish (Pollachius virens)	0
17.0017	0305		Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish fit for human consumption:	5000
030530		— Fish fillets, dried, salted or in brine, but not smoked:
03053050		— — Of lesser or Greenland halibut (Reinhardtius hippoglossoides), salted or in brine	0
03053090		— — Other	0
17.0019	0305		Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish fit for human consumption:	1000
		— Smoked fish, including fillets:
ex03054100	10	— — — Atlantic salmon (Salmo salar)	0
030549		— — Other:
03054910		— — — Lesser or Greenland halibut (Reinhardtius hippoglossoides)	0
03054920		— — — Atlantic halibut (Hippoglossus hippoglossus)	0
ex03054930		— — — Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus):
	10	— — — — Mackerel (Scomber scombrus)	0
ex03054945	10	— — — — Trout of the species Oncorhynchus mykiss	0
03054950		— — — Eels (Anguilla spp.)	0
03054980		— — — Other
17.0021	0302		Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304:	12600^note
		— Other fish excluding livers and roes:
030269		— — Other:
		— — — — Redfish (Sebastes spp.):
03026931		— — — — — of the species Sebastes marinus	0
ex03026933		— — — — — Other:
	10	— — — — — — of the species Sebastes mentella	0
0303		Fish, frozen, excluding fish fillets and other fish meat of heading No 0304:
		— Other salmonidae, excluding livers and roes:
030379		— — Other:
		— — — Saltwater fish:
		— — — — Redfish (Sebastes spp.):
03037935		— — — — — of the species Sebastes marinus	0
ex03037937		— — — — — Other:
	10	— — — — — — of the species Sebastes mentella	0
0304		Fish fillets and other fish meat (whether or not minced) fresh, chilled or frozen:
030410		— Fresh or chilled:
		— — Fillets:
		— — — Other:
03041035		— — — — Of redfish (Sebastes spp.):	0
030420		— Frozen fillets:
		— — Of redfish (Sebastes spp.):
03042035		— — — of the species Sebastes marinus	0
ex03042037		— — — Other:
	10	— — — — Of the species Sebastes mentella	0
17.0023	0304		Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:	3000
030410		— Fresh or chilled:
		— — Fillets:
		— — — Other:
03041033		— — — — Of coalfish (Pollachius virens)	0
03041038		— — — — Other	0
17.0025	0304		Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:	550
030420		— Frozen fillets:
03042043		— — Of ling (Molva spp.)	0
17.0027	0304		Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:	1800
030420		— Frozen fillets:
ex03042096		— — Other:
	40	— — — of blue whiting (Micromesitius poutassou or Gadus poutassou)	0
030490		— Other:
03049059		— — — — of blue whiting (Micromesitius poutassou or Gadus poutassou)	0
17.0029	0305		Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption:	1400
		- Dried fish, whether or not salted but not smoked:
030559		-- Other:
ex03055990		--- Other:
	*10	---- Of ling (Molva molva)	0
	*20	---- Of bleu ling (Molva dipterygia dipterygia)	0
	*30	---- Of tusk (Brosme brosme)	0
		- Fish, salted but not dried or smoked and fish in brine:
03056990		--- Other	0
17.0031	0306		Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of fish fit for human consumption:	11000
		— Frozen:
030613		— — Shrimps:
03061310		— — — Of the family Pandalidae	0
17.0033	0305		Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish fit for human consumption:	500
		— Fish, salted but not dried or smoked, and fish in brine:
03056100		— — Herrings (Clupea harengus, Clupea pallasii)	0
1604		Prepared or preserved fish, caviar or caviar substitutes prepared from fish eggs:
		— Fish, whole or in pieces, but not minced:
160412		— — Herrings:
		— — — Other:
16041291		— — — — In airtight containers	0
16041299		— — — — Other	0

III · Fish subject to statistical surveillance

Order number	CN code	Taric subdivision	Description
17.0035	0302		Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304:
		— Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soléidae, Scophthalmidae and Citharidae), excluding livers and roes:
030229		— — Other:
03022910		— — — Megrim (Lepidorhombus spp.)	0
03022990		— — — Other	0
17.0037			— Other fish, excluding livers and roes:
030269		— — Other:
		— — — Saltwater fish:
03026999		— — — — Other	0
17.0039	0303		Fish, frozen, excluding fish fillets and other fish meat of heading No 0304:
		— Other fish, excluding livers and roes:
030379		— — Other:
		— — — Saltwater fish:
03037996		— — — — Other	0
17.0041	0304		Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:
030420		— Frozen fillets:
ex03042096		— — Other:
	20	— — — Of halibut (Reinhardtius hippoglossus, Hippoglossus hippoglossus, Hippoglossus stenolepis)	0
	30	— — — Of fish of the genus Allocyttus and of the species Pseudocyttus maculatus	0
	70	— — — Of the species Patagonian grenadier (Macruronus magellanicus) and Argentine cod (Solilota australis)	0
	90	— — — Other	0
17.0043	030490		— Other:
03049005		— — Surimi	0
03049097		— — — — Other	0

FISHERY PRODUCTS SUBJECT TO TARIFF QUOTAS
Order number	CN code	TARIC sub-division	Description	Rate of duty	Quota volume(tonnes)
09.0671	0301		Live fish:		700
			— Other live fish:
	ex03019190	*10	— — — Trout of the species Oncorhynchus mykiss	0
	0302		Fish fresh or chilled, excluding fish fillets and othe fish meat of heading No 0304:
			— Salmonidae, excluding livers and roes:
	ex03021190	*10	— — — Trout of the species Oncorhynclus mykiss	0
	0303		Fish, frozen, excluding fish fillets or other fish meat of heading No 0304:
	ex03032190	*10	— — — Trout of the species Oncorhynclus mykiss	0
	0304		Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:
	030410		— Fresh or chilled:
			— — Fillets:
			— — — Of freshwater fish:
	ex03041011	*10	— — — — Trout of the species Oncorhynclus mykiss	0
	030420		— Frozen fillets:
			— — Of freshwater fish:
	ex03042011	*10	— — — — Trout of the species Oncorhynclus mykiss	0
	030490		— Other:
	ex03049010		— — — Of freshwater fish:
		*11	— — — — Trout of the species Oncorhynclus mykiss	0
09.0672	ex03055980	80	Coalfish (Pollachius Virens), salted and dried	0	From 1.9 to 31.12.2008: 250From 1.1 to 31.12.2009 and thereafter from 1.1 to 31.12 of each year: 750
09.0674	ex03079100ex03079918ex16059030	101030	Common whelk (Buccinum Undatum), live, fresh or chilled, frozen, prepared or preserved	0	From 1.9. to 31.12.2008: 400From 1.1.2009 to 31.12.2009 and thereafter from 1.1 to 31.12 of each year: 1200
09.0675	1604		Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs:		400
			— Fish, whole or in pieces, but not minced:
	ex16041100		— — Salmon:
		*30	— — — Atlantic salmon (Salmo salar)	0
	160419		— — Other
	ex16041910		— — — Salmonidae, other than salmon:
		*10	— — — — Trout of the species Oncorhynclus mykiss	0
	160420		— Other prepared or preserved fish:
	ex16042010		— — — Salmon:
		*30	— — — — Atlantic salmon (Salmo salar)	0
	ex16042030		— — — Salmonidae, other than salmon:
		*10	— — — — Trout of the species Oncorhynclus mykiss	0
09.0676	ex03061490	10	Crab of the species Geryon affinis, frozen	0	From 1.9. to 31.12.2008: 250From 1.1.2009 to 31.12.2009 and thereafter from 1.1 to 31.12 of each year: 750
09.0681	1604		Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs:		1200
			— Fish, whole or in pieces, but not minced:
	16041992		— — — — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)	0
	16041993		— — — — — Coalfish (Pollachius virens)	0
	16041994		— — — — — Hake (Merluccius spp. Urophycis spp.)	0
	16041995		— — — — — Alaska pollack (Theragra chalcogramma) and Pollach (Pollachius pollachius)	0
	16041998		— — — — — Other	0
	160420		— Other prepared or preserved fish:
	16042005		— — Preparations of surimi:	0
	ex16042090		— — — Of other fish:
		*20	— — — — Preserved smoked coalfish	0
			— — — — Brisling or sprats (Sprattus sprattus):
		*30	— — — — — In airtight cans^note	0
		*35	— — — — — Other	0
		*40	— — — — Of mackerel (Scomber australasicus)	0
		*50	— — — — Lamprey	0
		*90	— — — — Other	0
09.0679	1605		Crustaceans, molluscs, and other aquatic invertebrates, prepared or preserved:		4000
	160520		— Shrimps and prawns:
	16052010		— — In airtight containers	0
			— — Other:
	16052091		— — — In immediate packings of a net content not exceeding 2 kg	0
	16052099		— — — Other	0
	ex16054000		— Other crustaceans:
		*20	— — Nephrops norvegicus	0

Council Regulation (EC) No 669/97

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Article 5 #

Article 6 #

Article 7 #

Article 8 #

Article 9 #

Article 10 #

Annex II · Fish and fishery products subject to Community tariff ceilings

III · Fish subject to statistical surveillance

Connections

Key facts

History · 1 version

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Article 5 #

Article 6 #

Article 7 #

Article 8 #

Article 9 #

Article 10 #

Annex II · Fish and fishery products subject to Community tariff ceilings

III · Fish subject to statistical surveillance