[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 11.9.2009

COM(2009) 476 final

Proposal for a

COUNCIL REGULATION

opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2010 to 2012

EXPLANATORY MEMORANDUM

1) CONTEXT OF THE PROPOSAL |

Grounds for and objectives of the proposal/General context Council Regulation (EC) No 824/2007 of 10 July 2007 (OJ L 184) laying down autonomous Community tariff quotas for certain fishery products for the period 2007 to 2009 expired on 31.12.2009. The current proposal will introduce a similar regime from 2010 to 2012 in order to guarantee the appropriate supply conditions for the community industry for the period 2010 to 2012. It is in the interest of the EU to increase the volume of certain existing autonomous tariff quotas, since processing industries in some Member States are facing serious difficulties in securing for themselves sufficient Community supplies of certain fishery products. Also, due to changed supply needs, the proposal contains a new product, one quota has not been prolonged and, for other products, the volumen of the quota has been reduced. |

Existing provisions in the area of the proposal 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. |

Consistency with the other policies and objectives of the Union In line with agricultural, fisheries, trade, development and external relations policies. It will not be at the expenses of developing countries enjoying a preferential trading agreement with the EU, i.e. GSP and EPAs regime. |

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

Consultation methods, main sectors targeted and general profile of respondents Consultation of Member States through the Management Committee for Fisheries Products and through the Advisory Committee on Fisheries and Aquaculture. Informal consultative contacts with the EU industry (EU Fish Producers Association, Federation of National Organisations of Importers and Exporters of Fish) Summary of responses and how they have been taken into account The proposed measures are supported by a large majority of Member States. |

Collection and use of expertise |

Scientific/expertise domains concerned Experts representing the Member States in the Management Committee for Fishery Products. Methodology used Open consultation Main organisations/experts consulted Experts designated by each of the MS Consultations of the Management Committee for Fishery Products, the Advisory Committee for Fisheries (ACFA) Working Group III Markets and Trade, meeting with Community stakeholders (EU Fish Producers Association (AIPCE) and the Federation of National Organisations of Importers and Exporters of Fish (CEP)) during the first semester of 2009. Summary of advice received and used The existence of potentially serious risks with irreversible consequences has not been mentioned. Means used to make the expert advice publicly available Publication of the Proposal |

Impact assessment Not applicable |

3) LEGAL ELEMENTS OF THE PROPOSAL |

Summary of the proposed action Proposal for a Council Regulation opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2010 to 2012 |

Legal basis Art 26 of the EC Treaty |

Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle The proposal complies with the proportionality principle for the following reasons: |

It is necessary to adopt measures to alleviate serious supply shortages of the processing industry for the next triennial period beginning in 2010. |

This set of measures is in line with the principles set out to simplify the procedures for the operators engaged in foreign trade and in accordance with the Commission communication concerning autonomous tariff suspensions and quotas (98/C 128/02). |

Choice of instruments |

Proposed instruments: regulation. |

Other means would not be adequate for the following reason: By virtue of Article 26 of the EC Treaty, autonomous tariff suspensions and quotas are approved by the Council acting on a qualified majority on the basis of a Commission proposal. A regulation is required to ensure direct applicability and uniformity throughout the Community. |

4) BUDGETARY IMPLICATION |

Taking the most recent complete statistics (2008) as a basis, the impact on the loss of revenue resulting from this Regulation may be estimated at € 75 million for the first year of the triennial period beginning in 2010. The stated amount has been calculated on the basis of MFN duty rates and full utilisation of quotas. 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+, FTA) and, on average, the quota utilisation in the first two years of the expiring regulation was 78% and 75% respectively. Therefore the actual loss of revenue tends to result in a lower amount (roughly € 25 million) since MFN duties do not apply across the board |

5) ADDITIONAL INFORMATION |

European Economic Area The proposed act concerns an EEA matter and should therefore extend to the European Economic Area. |

Proposal for a

COUNCIL REGULATION

opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2010 to 2012

(Text with EEA-relevance)

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[1],

Whereas:

1. Community supplies of certain fishery products currently depend on imports from third countries. In the last 10 years the EU self-sufficiency rate for fishery products has decreased from 57% to 36%. 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 Community production of fishery products and to ensure the adequate supply to the EU processing industry, such tariff quotas should be opened in accordance with the sensitivity of the product in question on the Community market. It is therefore appropriate to open such tariff quotas for the period 2010 to 2012, applying reduction or eliminations of customs duties.

2. On 10 July 2007 Regulation (EC) N° 824/2007 opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2007 to 2009[2] was adopted by the Council. This regulation replaces Regulation (EC) N° 824/2007 in order to guarantee the appropriate supply conditions for the community industry for the period 2010 to 2012.

3. Equal and uninterrupted access to those tariff 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 tariff quotas have been used up.

4. To ensure the efficiency of a common management of the tariff 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.

5. 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 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.

6. In the interest of clarity it is necessary to repeal Regulation (EC) N° 824/2007 with effect from 1 January 2010.

7. 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

8. 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.

9. 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[4].

Article 2

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

Article 3

The Commission and customs authorities of Member States shall cooperate closely to ensure the proper management and control of the application of this regulation.

Article 4

Regulation (EC) N° 824/2007 is repealed.

Article 5

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

It shall apply from 1 January 2010 to 31 December 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX

Article 1.2.0 | Impact on own resources | - 56.2/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

Due to the fact that the predecessor autonomous tariff quota regime expires on 31 December 2009, the current proposal is to provide continuity and introduce a similar regime with due regard to the prevailing supply needs and overall circumstances.

This proposal contains the adjustments which must be made to the annex to the expiring Regulation in order to take account of requests for inclusion of new products, increases and amendments of product descriptions of autonomous tariff quotas which have been presented and accepted.

Estimated cost of this operation

The main impact of the Regulation is the loss of revenue for the Community. Taking the most recent complete statistics (2008) as a basis, the impact on the loss of revenue resulting from this Regulation may be estimated at € 75 million for the first year of the triennial period beginning in 2010. The impact of the previous Regulation was calculated at € 69 million per year.

The stated amount has been calculated on the basis of MFN duty rates and full utilisation of quotas. 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+, FTA) and, on average, the quota utilisation in the first two years of the expiring regulation was 78% and 75% respectively.

Therefore the actual loss of revenue tends to result in a lower amount (roughly € 25 million) since MFN duties do not apply across the board. It is estimated that imports of fishery products to the EU are levied an average duty of less than 3% ad valorem vis-à-vis the average MFN duty for fishery products of 10,9%.

Suspensions granted by the common market organisation, however, have been considered in the calculation of the loss of revenue.

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[1] OJ C , , p. .

[2] OJ L 184, 14.7.2007, p.1.

[3] OJ L 253, 11.10.1993, p.1.

[4] OJ L 17, 21.1.2000, p.22.

[5] 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.