Commission Regulation (EC) No 1337/2007 of 15 November 2007 amending Council Regulation (EC) No 992/95 as regards Community tariff quotas for certain fishery products originating in Norway

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 992/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in Norway (1), and in particular Article 5(1)(b) thereof,

Whereas:

(1) Participation of Bulgaria and Romania in the European Economic Area was agreed by the EEA Enlargement Agreement, signed between the European Community and its Member States, Iceland, Liechtenstein and Norway and the EEA Applicant Countries on 25 July 2007.

(2) Pending the completion of the procedures required for the adoption of the EEA Enlargement Agreement of 2007, an Agreement in the form of an Exchange of Letters was agreed, which provides for a provisional application of the EEA Enlargement Agreement. That Agreement has been approved by Council Decision 2007/566/EC of 23 July 2007 on the signing and the provisional application of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements (2).

(3) The EEA Enlargement Agreement provides for an additional Protocol to the EC-Norway Free Trade Agreement of 1973. This additional Protocol provides for new annual duty free tariff quotas and for changes to existing annual duty free tariff quotas at import into the Community of certain fish and fishery products originating in Norway.

(4) To implement the new and changed tariff quotas provided for in the additional Protocol, it is necessary to amend Regulation (EC) No 992/95.

(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 management of tariff quotas designed to be used following the chronological order of dates of acceptance of the customs declarations. For reasons of simplification the same system should apply for the tariff quotas provided for in Regulation (EC) No 992/95.

(6) Certain tariff quotas provided for in the additional Protocol should be regarded initially as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93. Therefore, Articles 308(c)(2) and (3) of that Regulation should not apply for these tariff quotas.

(7) In accordance with the additional Protocol the tariff quotas volumes for the year 2007 should not be reduced in proportion to the part of that year which elapsed before the tariff quotas apply, while on the other hand the tariff quotas volumes for the year 2009 should be reduced in proportion to the part of 2009 during which no tariff quotas apply.

(8) In accordance with Decision 2007/566/EC the new tariff quotas and the changes to existing tariff quotas have to apply from 1 September 2007. This Regulation should therefore apply from the same date and enter into force immediately.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 992/95 is amended as follows:

‘Article 2 The tariff quotas with order numbers 09.0745 and 09.0758 listed in Annex I shall not apply for the period of 1 January to 31 December 2008.’

‘Article 3 The tariff quotas set out in this Regulation shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93. However, Article 308c(2) and (3) of Regulation (EEC) No 2454/93 shall not apply to the tariff quotas with order numbers 09.0850, 09.0851, 09.0852, 09.0854, 09.0855 and 09.0856.’

Article 2

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

It shall apply from 1 September 2007.

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

Done at Brussels, 15 November 2007.

For the Commission László KOVÁCS Member of the Commission

(1) OJ L 101, 4.5.1995, p. 1. Regulation as last amended by Regulation (EC) No 1920/2004 (OJ L 331, 5.11.2004, p. 1).

(2) OJ L 221, 25.8.2007, p. 1.

(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).