COUNCIL REGULATION (EEC) N° 3759/87

of 30 November 1987

amending Regulation (EEC) N° 3796/81 on the common organization of the market in fishery products

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas the Community is a contracting party to the International Convention on the Harmonized Commodity Description and Coding System, hereinafter called the 'harmonized system', which replaces the Convention of 15 December 1950 on nomenclature for the classification of goods in customs tariffs;

Whereas Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3) introduced a combined goods nomenclature, based on the harmonized system, which will be applied from 1 January 1988 and which meets the requirements both of the Common Customs Tariff and of the nomenclature of goods for the external trade statistics of the Community;

Whereas the tariff nomenclature which appears in Regulation (EEC) N° 3796 81 (4), as last amended by

Regulation (EEC) N° 3879/86 (5), forms part of the Common Customs Tariff; whereas, as a result, it is necessary to express the descriptions of goods and tariff heading numbers which appear in the said Regulation according to the terms of the combined nomenclature;

Whereas, for reasons of simplification, it is necessary in a few cases to modify slightly the contents of the Annexes;

Whereas aquatic invertebrates, other than crustaceans and molluscs, and preparations thereof are at the moment classified in subheadings 01.06 C, 02.04 C II, 02.06 C III and 16.02 B of the Common Customs Tariff; whereas they are consequently covered by Council Regulation (EEC) N° 827/68 of 28 June 1968 on the common organization of the markets in certain products mentioned in Annex II to the Treaty (6), as last amended by Regulation (EEC) N° 2966/80 (7); whereas in the harmonized system they will be classified within heading Nos 0307 and 1605; whereas it is therefore desirable that the said aquatic invertebrates and preparations thereof be coverd by the present Regulation; whereas this means that they are no longer covered by Regulation (EEC) N° 827/68,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) N° 3796/81 is hereby amended as set out in the Annex.

Article 2

This Regulation shall enter into force on 1 January 1988.

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

Done at Brussels, 30 November 1987.

For the Council

The President

N. WILHJELM

(1) Opinion delivered on 20 November 1987 (not yet published in the Official Journal).

(2) Opinion delivered on 19 November 1987 (not yet published in the Official Journal).

(3) OJ N° L 256, 7. 9. 1987, p. 1.

(4) OJ N° L 379, 31. 12. 1981, p. 1.

(5) OJ N° L 361, 20. 12. 1986, p. 5.

(6) OJ NO L 151, 30. 6. 1968, p. 16.

(7) OJ N° L 307, 18. 11. 1980, p. 5.

ANNEX

Amendments to be made to Regulation (EEC) N° 3796/81

(a)

Article 1 (2) is hereby replaced by following:

'2. This organization shall cover the following products:

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Combined

Nomenclature code

Description

(b)

Article 20 (1) is hereby replaced by the following:

'1. The Common Customs Tariff duties applicable to the products listed in Annex III shall be suspended in their entirety.'

(c)

Annex I is hereby replaced by the following:

'ANNEX I

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21. 12. 87

Official Journal of the European Communities

(d)

'Annex II is hereby replaced by the following:

"ANNEX II

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(e)

Annex III is hereby replaced by the following:

'ANNEX III

Tuna (Thunnus spp.), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis) and other species of the genus Euthynnus, fresh, chilled or frozen, for the industrial manufacture of products falling within heading N° 1604, and classifiable in one of the following Combined Nomenclature codes:

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The following species

Falling within one of the following Combined Nomenclature codes

Fish, frozen,

excluding fish

fillets and other

fish meat of

heading N° 0304

Fish fillets and

other fish meat

(whether or not

minced), frozen

Salted fish, whether

or not dried

Fish fillets, raw,

merely coated

with batter or

breadcrumbs,

deep frozen

Frozen crustaceans

(f)

Annex IV is hereby replaced by the following:

'ANNEX IV

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(g)

Annex V is hereby replaced by the following:

'ANNEX V

Frozen or salted products; frozen or salted crustaceans; crustaceans, shelled and simply cooked by steaming or by boiling in water

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(h)

Annex VI is hereby replaced by the following:

'ANNEX VI

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