Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011
Corrected by
  • Corrigendum to Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011, 32012R1220R(01), July 6, 2013
  • Corrigendum to Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011, 32012R1220R(02), February 4, 2015
Council Regulation (EU) No 1220/2012of 3 December 2012on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011 THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,Having regard to the proposal from the European Commission,Whereas:(1)Union supplies of certain fishery products currently depend on imports from third countries. In the last 15 years, the Union has become more dependent on imports to meet its consumption of fishery products. The Union self-sufficiency rate for fishery products has decreased from 57 % to 38 %. In order not to jeopardise the Union production of fishery products and to ensure an adequate supply to the Union processing industry, customs duties should be partially or totally suspended for a number of products within tariff quotas of an appropiate volume. To guarantee a level playing field for the Union producers, the sensitivity of individual fishery products on the Union market should also be taken into consideration.(2)By Regulation (EC) No 1062/2009OJ L 291, 7.11.2009, p. 8., the Council opened and provided for the management of autonomous Community tariff quotas for certain fishery products for the period from 2010 to 2012. Given that the period of application of that Regulation expires on 31 December 2012, it is important that relevant rules contained therein be reflected in the period from 2013 to 2015.(3)Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture productsOJ L 17, 21.1.2000, p. 22. is being reviewed in the context of the reform of the Common Fisheries Policy. That Regulation establishes suspensions of tariff duties for certain fishery products. In order to render the system more coherent and streamline the procedures of the Union’s autonomous preferences for fishery products, a number of autonomous tariff quotas replacing those suspensions should be established, and Regulation (EC) No 104/2000 should be amended accordingly. The new autonomous tariff quotas should be of sufficient volume so as to ensure an adequate supply of raw fishery materials to the Union and to guarantee the predictability and the continuity of imports.(4)Council Regulation (EU) No 1344/2011 of 19 December 2011 suspending the autonomous Common Customs Tariff duties on certain agricultural, fishery and industrial productsOJ L 349, 31.12.2011, p. 1. contains a limited number of suspensions for fishery products. In order to render the system more coherent and streamline the procedures of the Union’s autonomous preferences for fishery products, a number of autonomous tariff quotas replacing those suspensions should be established. Consequently, Regulation (EU) No 1344/2011 should be amended accordingly. The new autonomous tariff quotas should be of sufficient volume so as to ensure an adequate supply of raw fishery materials to the Union and to guarantee the predictability and the continuity of imports.(5)It is important to provide the fishery processing industry with security of supply of raw fishery materials to permit continued growth and investment, and, most importantly, enable it to adapt to the replacement of suspensions by quotas without any disruption of supply. It is therefore appropriate to provide, in respect of certain fishery products to which suspensions have applied, for a system which triggers an automatic increase of the applicable tariff quotas under certain conditions.(6)Equal and uninterrupted access to the tariff quotas provided for in this Regulation should be ensured for all Union 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.(7)To ensure the efficient 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 Commission should be able to monitor the rate at which the quotas are used up and should inform the Member States accordingly.(8)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 CodeOJ L 253, 11.10.1993, p. 1. 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,HAS ADOPTED THIS REGULATION:
Article 1Import duties on the products listed in the Annex shall be suspended within the tariff quotas, at the rates, for the periods and up to the amounts indicated therein.
Article 2The tariff quotas referred to in Article 1 shall be managed in accordance with Articles 308a, 308b and 308c (1) of Regulation (EEC) No 2454/93.
Article 31.Without undue delay, the Commission shall ascertain whether, as at 30 September of the relevant calendar year, 80 % of the annual tariff quota in respect of a fishery product to which this Article applies in accordance with the Annex has been used. If that is the case, the annual tariff quota set in the Annex shall be deemed to be automatically increased by 20 %. The increased annual tariff quota shall be the applicable tariff quota in respect of that fishery product for the relevant calendar year.2.At a request of at least one Member State and without prejudice to paragraph 1, the Commission shall ascertain whether 80 % of the annual tariff quota, in respect of a fishery product to which this Article applies in accordance with the Annex, has been used prior to 30 September of the relevant calendar year. If that is the case, paragraph 1 shall apply.3.The Commission shall without undue delay inform Member States that the conditions established in paragraphs 1 or 2 have been fulfilled and shall publish information on the newly applicable tariff quota in the C series of the Official Journal of the European Union.4.No further increase may apply for the relevant calendar year to a tariff quota increased according to paragraph 1.
Article 4The Commission and customs authorities of Member States shall cooperate closely to ensure the proper management and control of the application of this Regulation.
Article 51.In Regulation (EC) No 104/2000, Article 28 and Annex VI are deleted.2.In the Annex to Regulation (EU) No 1344/2011, the entries concerning fishery products with TARIC codes 0302899030, 0302900095, 0303909091, 0305200011, 0305200030, 1604110020, 1604320010, 1605100011 and 1605100019 are deleted.
Article 6This 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 2013 to 31 December 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX
Expressed in net weight, unless otherwise stated.The quota is subject to the conditions laid down in the Articles 291 to 300 of Regulation (EEC) No 2454/93.The quota is not available for products intended solely for one or more of the following operations:cleaning, gutting, tailing, heading,cutting (excluding dicing, filleting, production of flaps or cutting of frozen blocks or splitting of frozen interleaved fillet blocks),repacking of frozen IQF fillets,sampling, sorting,labelling,packing,chilling,freezing,deep freezing,thawing, separation.The quota is not available for products intended to undergo treatment or operations which give quota entitlement, where such treatment or operations are carried out at retail or catering level. The quota is only available for products intended for human consumption.Products under CN codes 03061190 (TARIC code 10) and 03062190 (TARIC code 10) shall, notwithstanding footnote (2), qualify for the quota if they undergo one or both of the following operations: dividing the frozen product, subjecting the frozen product to heat treatment to enable the removal of internal waste material.Products under CN codes 16052190 (TARIC codes 45 and 55) and 16052900 (TARIC codes 50 and 60) shall, notwithstanding footnote (2), qualify for the quota if they undergo the operation of subjecting the shrimps and prawns to processing treatment by packaging gases as defined in Annex I to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives.OJ L 354, 31.12.2008, p. 16.Body of cephalopod or the squid headless and without tentacle.Expressed in net drained weight.Article 3 applies.
Order NoCN codeTARIC codeDescriptionAnnual amount of quota(tons)Quota dutyQuota period
09.2759ex0302511020Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, excluding livers and roes, fresh, chilled or frozen, for processing700000 %1.1.2013-31.12.2015
ex0302519010
ex0302591010
ex0303631010
ex0303633010
ex0303639010
ex0303691010
09.2765ex0305620020Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, salted or in brine, but not dried or smoked, for processing26000 %1.1.2013-31.12.2015
25
29
ex0305691010
09.2776ex0304711010Cod, (Gadus morhua, Gadus macrocephalus), frozen fillets and frozen meat, for processing300000 %1.1.2013-31.12.2015
ex0304719010
ex0304952110
ex0304952510
09.2761ex0304795010Blue grenadier (Macruronus spp.), frozen fillets and other frozen meat, for processing250000 %1.1.2013-31.12.2015
ex0304799011
17
ex0304959011
17
09.2798ex0306169920Shrimps and prawns of the species Pandalus borealis, in shells, fresh, chilled or frozen for processing90000 %1.1.2013-31.12.2015
ex0306269012
92
09.2794ex1605219045Shrimps and prawns of the species Pandalus borealis cooked and peeled, for processing300000 %1.1.2013-31.12.2015
ex1605290050
09.2800ex1605219055Shrimps and prawns of the species Pandalus jordani, cooked and peeled, for processing20000 %1.1.2013-31.12.2015
ex1605290060
09.2802ex0306179210Shrimps and praws of the specie Penaeus Vannamei, whether in shell or not, fresh, chilled or frozen, for processing200000 %1.1.2013-31.12.2015
ex0306279910
09.2760ex0303661110Hake (Merluccius spp. excluding Merluccius merluccius, Urophycis spp.), and Pink cusk-eel (Genypterus blacodes), frozen, for processing125000 %1.1.2013-31.12.2015
ex0303661210
ex0303661310
ex0303661911
91
ex0303897010
09.2774ex0304741910North Pacific hake (Merluccius productus), frozen fillets and other meat for processing120000 %1.1.2013-31.12.2015
ex0304955010
09.2770ex0305630010Anchovies (Engraulis anchoita), salted or in brine, but not dried or smoked, for processing25000 %1.1.2013-31.12.2015
09.2788ex0302410010Herrings (Clupea harengus, Clupea pallasii), of a weight exceeding 100 g per piece or flaps of a weight exceeding 80 g per piece, excluding livers and roes, for processing175000 %1.10.2013-31.12.2013
ex03035100101.10.2014-31.12.2014
ex03045950101.10.2015-31.12.2015
ex0304860010
ex0304992310
09.2792ex1604129911Herrings, spiced and/or vinegar-cured, in brine, preserved in barrels of at least 70 kg net drained weight, for processing150006 %1.1.2013-31.12.2015
09.2790ex160414162123313341439193Filets known as "loins" of tunas and skipjack, for processing220000 %1.1.2013-31.12.2015
09.2762ex0306119010Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.), live, chilled, frozen, for processing2006 %1.1.2013-31.12.2015
ex0306219010
ex0306111010
09.2785ex0307495910Pod of squid (Ommastrephes spp. - excluding Ommastrephes sagittatus -, Nototodarus spp., Sepioteuthis spp.) and Illex spp., frozen, with skin and fins, for processing450000 %1.1.2013-31.12.2015
ex0307991110
09.2786ex0307495920Squid (Ommastrephes spp. - excluding Ommastrephes sagittatus -, Nototodarus spp., Sepioteuthis spp.) and Illex spp., frozen, whole or tentacles and fins, for processing30000 %1.1.2013-31.12.2015
ex0307991120
09.2777ex0303670010Alaska pollack (Theragra chalcogramma), frozen, frozen fillets and other frozen meat, for processing3500000 %1.1.2013-31.12.2015
ex0304750010
ex0304949010
09.2772ex0304931010Surimi, frozen, for processing660000 %1.1.2013-31.12.2015
ex0304941010
ex0304951010
ex0304991010
09.2746ex0302899030Southern red snapper (Lutjanus purpureus), fresh, chilled, for processing16500 %1.1.2013-31.12.2015
09.2748ex0302900095Hard fish roes, fresh, chilled or frozen, salted or in brine110000 %1.1.2013-31.12.2015
ex0303909091
ex0305200030
09.2750ex1604320010Hard fish roes, washed, cleaned of adherent organs and simply salted or in brine, for processing66000 %1.1.2013-31.12.2015
09.2764ex1604110020Pacific salmon (Oncorhynchus spp.), for the processing industry for manufacture into pastes or spreads13000 %1.1.2013-31.12.2015
09.2784ex160510001119Crabs of the species "King" (Paralithodes camchaticus), "Hanasaki" (Paralithodes brevipes), "Kegani" (Erimacrus isenbecki), "Queen" and "Snow" (Chionoecetes spp.), "Red" (Geryon quinquedens), "Rough stone" (Neolithodes asperrimus), Lithodes santolla, "Mud" (Scylla serrata), "Blue" (Portunus spp.), simply boiled in water and shelled, whether or not frozen, in immediate packings of a net content of 2 kg or more27500 %1.1.2013-31.12.2015
09.2778ex0304839021Flatfish, frozen fillets and other fish meat (Limanda aspera, Lepidopsetta bilineata, Pleuronectes quadrituberculatus, Limanda ferruginea, Lepidopsetta polyxystra), for processing50000 %1.1.2013-31.12.2015
ex0304999965