LegalizeCouncil Regulation (EC) No 669/97 of 14 April 1997 opening and providing for the administration of Community tariff quotas and ceilings, establishing Community surveillance for certain fish and fishery products originating in the Faroe Islands, defining detailed provisions for amending and adapting these measures and repealing Regulation (EC) No 1983/95
, establishing Community surveillance for certain fish and fishery products originating in the Faroe Islands, defining detailed provisions for amending and adapting these measures and repealing Regulation (EC) No 1983/95
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 (7),
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 5
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).
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
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.
Article 8
The Commission shall adopt all appropriate measures, in close cooperation with the Member States, to apply this Regulation.
Article 9
Regulation (EC) No 1983/95 shall be repealed.
Article 10
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
| Order number | CN code | TARIC sub-division | Description | Rate of duty | Quota volume (tonnes) |
|---|---|---|---|---|---|
| 09.0671 | 0301 | Live fish: | 700 | ||
| — Other live fish: | |||||
| ex 0301 91 90 | *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: | |||||
| ex 0302 11 90 | *10 | — — — Trout of the species Oncorhynclus mykiss | 0 | ||
| 0303 | Fish, frozen, excluding fish fillets or other fish meat of heading No 0304: | ||||
| ex 0303 21 90 | *10 | — — — Trout of the species Oncorhynclus mykiss | 0 | ||
| 0304 | Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: | ||||
| 0304 10 | — Fresh or chilled: | ||||
| — — Fillets: | |||||
| — — — Of freshwater fish: | |||||
| ex 0304 10 11 | *10 | — — — — Trout of the species Oncorhynclus mykiss | 0 | ||
| 0304 20 | — Frozen fillets: | ||||
| — — Of freshwater fish: | |||||
| ex 0304 20 11 | *10 | — — — — Trout of the species Oncorhynclus mykiss | 0 | ||
| 0304 90 | — Other: | ||||
| ex 0304 90 10 | — — — Of freshwater fish: | ||||
| *11 | — — — — Trout of the species Oncorhynclus mykiss | 0 | |||
| 09.0672 | ex 0305 59 80 | 80 | Coalfish (Pollachius Virens), salted and dried | 0 | From 1.9 to 31.12.2008: 250 From 1.1 to 31.12.2009 and thereafter from 1.1 to 31.12 of each year: 750 |
| 09.0674 | ex 0307 91 00 ex 0307 99 18 ex 1605 90 30 | 10 10 30 | Common whelk (Buccinum Undatum), live, fresh or chilled, frozen, prepared or preserved | 0 | From 1.9. to 31.12.2008: 400 From 1.1.2009 to 31.12.2009 and thereafter from 1.1 to 31.12 of each year: 1 200 |
| 09.0675 | 1604 | Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: | 400 | ||
| — Fish, whole or in pieces, but not minced: | |||||
| ex 1604 11 00 | — — Salmon: | ||||
| *30 | — — — Atlantic salmon (Salmo salar) | 0 | |||
| 1604 19 | — — Other | ||||
| ex 1604 19 10 | — — — Salmonidae, other than salmon: | ||||
| *10 | — — — — Trout of the species Oncorhynclus mykiss | 0 | |||
| 1604 20 | — Other prepared or preserved fish: | ||||
| ex 1604 20 10 | — — — Salmon: | ||||
| *30 | — — — — Atlantic salmon (Salmo salar) | 0 | |||
| ex 1604 20 30 | — — — Salmonidae, other than salmon: | ||||
| *10 | — — — — Trout of the species Oncorhynclus mykiss | 0 | |||
| 09.0676 | ex 0306 14 90 | 10 | Crab of the species Geryon affinis, frozen | 0 | From 1.9. to 31.12.2008: 250 From 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: | 1 200 | ||
| — Fish, whole or in pieces, but not minced: | |||||
| 1604 19 92 | — — — — — Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) | 0 | |||
| 1604 19 93 | — — — — — Coalfish (Pollachius virens) | 0 | |||
| 1604 19 94 | — — — — — Hake (Merluccius spp. Urophycis spp.) | 0 | |||
| 1604 19 95 | — — — — — Alaska pollack (Theragra chalcogramma) and Pollach (Pollachius pollachius) | 0 | |||
| 1604 19 98 | — — — — — Other | 0 | |||
| 1604 20 | — Other prepared or preserved fish: | ||||
| 1604 20 05 | — — Preparations of surimi: | 0 | |||
| ex 1604 20 90 | — — — Of other fish: | ||||
| *20 | — — — — Preserved smoked coalfish | 0 | |||
| — — — — Brisling or sprats (Sprattus sprattus): | |||||
| *30 | — — — — — In airtight cans (1) | 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: | 4 000 | ||
| 1605 20 | — Shrimps and prawns: | ||||
| 1605 20 10 | — — In airtight containers | 0 | |||
| — — Other: | |||||
| 1605 20 91 | — — — In immediate packings of a net content not exceeding 2 kg | 0 | |||
| 1605 20 99 | — — — Other | 0 | |||
| ex 1605 40 00 | — Other crustaceans: | ||||
| *20 | — — Nephrops norvegicus | 0 | |||
| (1) ‘Airtight cans’ means cans which are soldered or bonded in such a manner that neither air nor germs can penetrate and which cannot be opened without sustaining damage. |
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