EUROPEAN COMMISSION
Brussels, 16.7.2015
COM(2015) 344 final
2015/0151(NLE)
Proposal for a
COUNCIL REGULATION
opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
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Document 52015PC0344
Proposal for a COUNCIL REGULATION opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
Proposal for a COUNCIL REGULATION opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
Proposal for a COUNCIL REGULATION opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
COM/2015/0344 final - 2015/0151 (NLE)
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EXPLANATORY MEMORANDUM
1.CONTEXT OF THE PROPOSAL
The EU supply of certain fishery products largely relies on imports. In the last 15 years the EU has become more dependent on imports to meet its consumption of fishery products: the EU production covers only 44% of the EU needs in fisheries and aquaculture products. The main purpose of the autonomous trade measures for fishery and aquaculture products is to enable the EU fish processing industry to import third countries' raw materials under reduced or duty-free duties for further processing.
2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
EU processors and a number of EU Member States have requested the continuation of autonomous tariff quotas (ATQs) for fishery products in order to guarantee the supply of the EU fish processing industry.
Consultations with EU producers, EU processors and Member States were carried out in December 2014 and January 2015 through a questionnaire sent by the Commission.
An external study has been commissioned in August 2014 to assess the results of the Regulation (EC) 1220/2012 for the 2013-2015 period and to verify that objectives were met, taking into account the global context of supply of the EU processing industry. The report includes a retrospective evaluation as well as a prospective evaluation envisaging a possible way forward for the future ATQ regulation covering the 2016-2018 period.
The results of the study confirm in general terms that the ATQ scheme is relevant to support the EU processing industry by providing the sector with the opportunity to source supply at cheaper prices. It is also consistent. It does not have any detectable negative impacts on the EU production sector as most of the species covered by the regulation are not produced in sufficient quantities in the EU, or are not produced at all. Overall 1 , the ATQ scheme is considered to be effective and efficient. The competitiveness of the EU fish processing industry is ensured, without harming EU producers. The ATQ regulation also support growth and maintain employment in the sector while providing to consumers stable supply at reasonable price. Every EUR 1 custom duty foregone generates between EUR 2.5 and EUR 3 value-added by the industry.
The study does not identify specific problem in the 3 years duration set by the regulation. It is a compromise between certainty and the need to revise the regulation to adapt to changing supply conditions.
The main impact of the current Regulation is the loss of revenue for the EU budget which in turn translates into duty preferences and competitive raw material for the EU processors of fishery products. Autonomous tariff quotas of fishery and aquaculture products represent a maximum loss of revenue for the EU budget of roughly € 185.5 million per year (average on the three years period).
3.LEGAL ELEMENTS OF THE PROPOSAL
Legal basis
Article 31 of the Treaty on the Functioning of the European Union.
Subsidiarity principle
Common Customs Tariff duties fall under the exclusive competence of the Union. The subsidiarity principle therefore does no apply for those provisions.
Proportionality principle
The proposal complies with the principle of proportionality for the following reason: the Customs Union is a common policy and should therefore be implemented through a Regulation adopted by the Council.
4.BUDGETARY IMPLICATION
See the financial statement below.
2015/0151 (NLE)
Proposal for a
COUNCIL REGULATION
opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)Union supplies of certain fishery products currently depend on imports from third countries. In the last 15 years the Union has become more dependent on imports to meet its consumption of fishery products. In order not to jeopardise the Union production of fishery products and to ensure the adequate supply to the Union processing industry, customs duties should be partially or totally suspended for a number of products within tariff quotas of an appropiate volume. To guarantee a level playing field for the Union producers, the sensitivity of individual fishery products on the Union market should also be taken into consideration.
(2)Council Regulation (EC) No 1220/2012 2 opened and provided for the management of autonomous Community tariff quotas for certain fishery products for the period 2013 to 2015. In order to guarantee appropriate supply conditions for the Union industry for the period 2016 to 2018, that Regulation should be repealed and replaced by a new Regulation.
(3)Equal and uninterrupted access to the tariff quotas provided for in this Regulation should be ensured for all Union importers and the rates laid down for the tariff quotas should be applied without interruption to all imports of the products concerned into all Member States until the tariff quotas have been used up.
(4)The entry into force of the Comprehensive Trade and Economic Agreement between the European Union and Canada will alter the available preferential market access to the Union market for shrimps and prawns of the species Pandalus borealis covered by a tariff quota of this Regulation. The quota concerned should therefore be adapted to ensure the same level of preferential supply of the Union market as before the entry into force or provisional application of the Agreement.
(5)To ensure the efficiency of a common management of the tariff quotas, Member States should be permitted to draw from the tariff 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 be able to monitor the rate at which the tariff quotas are used up and should inform the Member States accordingly.
(6)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 3 provides for a system of tariff quota management which follows the chronological order of the dates of acceptance of the declarations for 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.
HAS ADOPTED THIS REGULATION:
Article 1
Import duties on the products listed in the Annex shall be reduced or suspended within the tariff quotas, at the rates, for the periods and up to the amounts indicated therein.
Article 2
The tariff quota applicable under order number 09.2794 for shrimps and prawns of the species Pandalus borealis cooked and peeled, for processing, set in the Annex at 30 000 tons per year, shall be automatically reduced to 7 000 tons per year starting from 1 January of the year following the year in which the Comprehensive Trade and Economic Agreement between the European Union and Canada enters into force or is applied provisionally, whichever occurs first.
Article 3
The tariff quotas referred to in Article 1 shall be managed in accordance with Articles 308a, 308b and 308c (1) of Regulation (EEC) No 2454/93.
Article 4
The Commission and the customs authorities of the Member States shall cooperate closely to ensure the proper management and control of the application of this Regulation.
Article 5
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2016 to 31 December 2018.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels,
For the Council
The President
- (1) Effectiveness and efficiency are variable across products covered by the regulation.
- (2) Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011 (OJ L 349, 19.12.2012, p. 4)
- (3) 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 (OJ L 253, 11.10.1993, p. 1.)
EUROPEAN COMMISSION
Brussels, 16.7.2015
COM(2015) 344 final
ANNEX
to the
Proposal for a
COUNCIL REGULATION
opening and providing tor the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
ANNEX
to the
Proposal for a
COUNCIL REGULATION
opening and providing tor the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
|
Order No |
CN code |
TARIC sub-division |
Description |
Annual amount of quota (tons) (*) |
Quota duty |
Quota period |
|
09.2759 |
ex 0302 51 10 ex 0302 51 90 ex 0302 59 10 ex 0303 63 10 ex 0303 63 30 ex 0303 63 90 ex 0303 69 10 |
20 10 10 10 10 10 10 |
Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreaogadus saida, excluding livers and roes, fresh, chilled or frozen, for processing (1) (2) |
70 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2765 |
ex 0305 62 00 ex 0305 69 10 |
20 25 29 10 |
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 (1) (2) |
3 200 |
0% |
1.1.2016-31.12.2018 |
|
09.2776 |
ex 0304 71 10 ex 0304 71 90 ex 0304 95 21 ex 0304 95 25 |
10 10 10 10 |
Cod, (Gadus morhua, Gadus macrocephalus), frozen fillets and frozen meat, for processing (1) (2) |
30 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2761 |
ex 0304 79 50 ex 0304 95 90 |
10
11
|
Blue grenadier (Macruronus Novaezelandiae), frozen fillets and other frozen meat, for processing (1) (2) |
17 500 |
0% |
1.1.2016-31.12.2018 |
|
09.2798 |
ex 0306 16 99 ex 0306 26 90 |
20 12 92 |
Shrimps and prawns of the species Pandalus borealis, in shells, fresh, chilled or frozen for processing (1) ( 2) |
9 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2794 |
ex 1605 21 90 ex 1605 29 00 |
45 50 |
Shrimps and prawns of the species Pandalus borealis cooked and peeled, for processing (1) ( 2) (3) (4) |
30 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2800 |
ex 1605 21 90 ex 1605 29 00 |
55 60 |
Shrimps and prawns of the species Pandalus jordani, cooked and peeled, for processing (1) ( 2) (3) |
2 500 |
0% |
1.1.2016-31.12.2018 |
|
09.2802 |
ex 0306 17 92
|
10 10 |
Shrimps and praws of the specie Penaeus Vannamei, whether in shell or not, fresh, chilled or frozen for processing (1) (2) |
20 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2760 |
ex 0303 66 11 ex 0303 66 12 ex 0303 66 13 ex 0303 66 19 ex 0303 89 70 |
10 10 10 11 91 10 |
Hake (Merluccius spp. excluding Merluccius merluccius, Urophycis spp.), and Pink cusk-eel (Genypterus blacodes), frozen, for processing (1) (2) |
12 500 |
0% |
1.1.2016-31.12.2018 |
|
09.2774 |
ex 0304 74 19 ex 0304 95 50 |
10 10 |
North Pacific hake (Merluccius productus), frozen fillets and other meat for processing (1) (2) |
12 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2770 |
ex 0305 63 00 |
10 |
Anchovies (Engraulis anchoita), salted or in brine, but not dried or smoked, for processing (1) (2) |
2 500 |
0% |
1.1.2016-31.12.2018 |
|
09.2788 |
ex 0302 41 00 ex 0303 51 00 ex 0304 59 50 ex 0304 99 23 |
10 10 10 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 (1) (2) |
12 000 |
0% |
1.10.2016-31.12.2016 1.10.2017-31.12.2017 1.10.2018-31.12.2018 |
|
09.2792 |
ex 1604 12 99 |
11 |
Herrings, spiced and/or vinegar-cured, in brine, preserved in barrels of at least 70kg net drained weight, for processing (1) (2) |
7 500(5) |
6% |
1.1.2016-31.12.2018 |
|
09.2790 |
ex 1604 14 26
|
10 10
11
91 |
Filets known as ‘loins’ of tunas and skipjack, for processing (1) (2) |
22 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2785 |
ex 0307 49 59
ex 0307 99 11
|
10
10
|
Pod (6) of squid [Ommastrephes spp., Todarodes spp. - excluding Todarodes sagittatus (synonym Ommastrephes sagittatus) -, Nototodarus spp., Sepioteuthis spp.] and Illex spp., frozen, with skin and fins, for processing (1) (2) |
40 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2786 |
ex 0307 49 59
ex 0307 99 11
|
20
20
|
Squid [Ommastrephes spp., Todarodes spp. - excluding Todarodes sagittatus (synonym Ommastrephes sagittatus) -, Nototodarus spp., Sepioteuthis spp.] and Illex spp., frozen, whole or tentacles and fins, for processing (1) (2) |
1 500 |
0% |
1.1.2016-31.12.2018 |
|
09.2777 |
ex 0303 67 00 ex 0304 75 00 ex 0304 94 90 |
10 10 10 |
Alaska pollack (Theragra chalcogramma), frozen, frozen fillets and other frozen meat for processing (1) (2) |
280 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2772 |
ex 0304 93 10 ex 0304 94 10 ex 0304 95 10 ex 0304 99 10 |
10 10 10 10 |
Surimi, frozen, for processing (1) (2) |
46 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2746 |
ex 0302 89 90 |
30 |
Southern red snapper (Lutjanus purpureus), fresh, chilled, for processing (1) (2) |
1 250 |
0% |
1.1.2016-31.12.2018 |
|
09.2748 |
ex 0302 90 00 ex 0303 90 90 ex 0305 20 00 |
95 91 30 |
Hard fish roes, fresh, chilled or frozen, salted or in brine, for processing (1) (2) |
5 700 |
0% |
1.1.2016-31.12.2018 |
|
09.2750 |
ex 1604 32 00 |
20 |
Hard fish roes, washed, cleaned of adherent organs and simply salted or in brine, for processing of caviar substitutes(1) (2) |
2 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2778 |
ex 0304 83 90
|
21
|
Flatfish, frozen fillets and other fish meat (Limanda aspera, Lepidopsetta bilineata, Pleuronectes quadrituberculatus, Limanda ferruginea, Lepidopsetta polyxystra), for processing (1) (2) |
5 000 |
0% |
1.1.2016-31.12.2018 |
|
09.2824 |
0302 52 00
|
Haddock (Melanogrammus aeglefinus) fresh, chilled or frozen with heads off, gilled and gutted, for processing (1) ( 2) |
5 000 |
2,6% |
1.1.2016-31.12.2018 |
|
|
09.2826 |
ex 0306 17 92 ex 0306 27 99 |
Shrimps and praws of the specie Pleoticus Muelleri, whether in shell or not, fresh, chilled or frozen, for processing (1) (2) |
10 000 |
4,2% |
1.1.2016-31.12.2018 |
(*) Expressed in net weight, unless otherwise stated.
(1) The tariff quota is subject to the conditions laid down in the Articles 291 to 300 of Regulation (EEC) No 2454/93.
(2) The tariff quota is not available for products intended solely for one or more of the following operations:
cleaning, gutting, tailing, heading,
cutting,
sampling, sorting,
labelling,
packing,
chilling,
freezing,
deep freezing,
glazing,
thawing,
separation.
The tariff quota is not available for products intended, in addition, to undergo treatment or operations which give quota entitlement, where such treatment or operations are carried out at retail or catering level. The reduction of customs duties shall apply only for products intended for human consumption.
The tariff quota is however available for materials intended for one or more of the following operations:
dicing,
cutting into rings, cutting into strips for materials under CN codes 0307 49 59, 0307 99 11, 0307 99 17, 0307 49 59, 0307 99 11, 0307 99 17,
filetting,
production of flaps,
cutting of frozen blocks,
splitting of frozen interleaved fillet blocks.
(3) Products under CN codes 1605 21 90 (TARIC codes 45 and 55) and 1605 29 00 (TARIC codes 50 and 60) shall, notwithstanding footnote (2), qualify for the quota if they undergo the operation of subjecting the shrimps and prawns to processing treatment by packaging gases as defined in Annex I to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16.).
(4) Tariff quota 09.2794 is automatically reduced to 7 000 tons per year starting from 1 January of the year following the year in which to 7 000 tons per year starting from 1 January of the year following the year in which the Comprehensive Trade and Economic Agreement between the European Union and Canada enters into force or is applied provisionally, whichever occurs first.
(5) Expressed in net drained weight.
(6) Body of cephalopod or the squid headless and without tentacle, with skin and fins.
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE
1. NAME OF THE PROPOSAL:
Proposal for a Council Regulation opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018, repealing Council Regulation (EC) No 1220/2012
2. BUDGET LINES:
Chapter and Article: Title 1, Chapter 2, Article 0.
Amount budgeted for the year 2015: € 16.701.200.000
3. FINANCIAL IMPACT
◻ Proposal has no financial implications
x Proposal has no financial impact on expenditure but has a financial impact on revenue – the effect is as follows:
(€ million to one decimal place)
|
Budget line |
Revenue 1 |
Year 2016 |
|
Article 1.2.0 |
Impact on own resources |
- 180/year |
4. ANTI-FRAUD MEASURES
Checks on the end-use of some of the products covered by this Council Regulation will be carried out in accordance with Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of the Community Customs Code.
5. OTHER REMARKS
The main impact of the Regulation is the loss of revenue for the European Union. Taking the most recent complete statistics (2013) as a basis, the impact on the loss of revenue resulting from this Regulation may be estimated at € 180 million for the first year of the triennial period beginning in 2016.
The stated amount has been calculated on the basis of MFN duty rates, full utilisation of quotas and average price (€) per ton. It marks, therefore, the maximum level of loss of revenue since the Community grants more favourable trade preferences to different groups of third countries (GSP, GSP+, FTAs).
Therefore the actual loss of revenue tends to result in a lower amount (estimated at € 159.5 million) since MFN duties do not apply across the board.
- (1) Regarding traditional own resources (agricultural duties, sugar levies, customs duties) the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25% of collection costs.