Council 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
From 1 January to 31 December each year, the customs duties applicable to imports into the Community of products listed in Annex I and originating in the Faroe Islands shall be suspended at the levels and within the limits of the Community tariff quotas specified therein.
The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate administrative measure to ensure efficient operation.
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.
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.
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.
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.
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.
The Commission shall adopt all appropriate measures, in close cooperation with the Member States, to apply this Regulation.
Regulation (EC) No 1983/95 shall be repealed.
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.
Done at Luxembourg, 14 April 1997.
For the Council
The President
J. VAN AARTSEN
(1) OJ No L 53, 22. 2. 1997, p. 2.
(2) OJ No L 388, 31. 12. 1992, p. 1. Regulation as last amended by Regulation (EC) No 3318/94 (OJ No L 350, 31. 12. 1994, p. 15).
(3) OJ No L 302, 19. 10. 1992, p. 1.
(4) OJ No L 118, 25. 5. 1995, p. 10.
(5) OJ No L 256, 7. 9. 1987, p. 1.
(6) OJ No L 192, 15. 8. 1995, p. 1.
(7) OJ No L 53, 22. 2. 1997, p. 1.
Supplementary provisions
ANNEX ISupplementary provisions
Fish and fishery products subject to tariff quotas
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ANNEX II
Fish and fishery products subject to Community tariff ceilings
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ANNEX III
Fish subject to statistical surveillance
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Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.