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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:

1. Article 2 is replaced by the following:

"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."

2. Article 3 is replaced by the following:

"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."

3. Annexes I and II are amended as set out in the Annex to this Regulation.

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

L谩szl贸 Kov谩cs

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).

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ANNEX

(1) Annex I to Regulation (EC) No 992/95 is amended as follows:

(a) The following rows are inserted:

Order No | CN code | Description of products | Quota volume | Quota duty (%) |

"09.0850 [1] | 03037430 | Mackerel of the species Scomber scombrus or Scomber japonicus, frozen | | |

From 1.9. to 31.12.2007: 9300 tonnes | 0 |

From 1.1. to 31.12.2008: 9300 tonnes | 0 |

From 1.1. to 30.4.2009: 3100 tonnes | 0 |

09.0851 [1] | 03035100 | Herrings (Clupea harengus, Clupea pallasii), frozen | | |

From 1.9. to 31.12.2007: 1800 tonnes | 0 |

From 1.1. to 31.12.2008: 1800 tonnes | 0 |

From 1.1. to 30.4.2009: 600 tonnes | 0 |

09.0852 [2] | 03042975 ex03049923 | Fillets and flaps of herring (Clupea harengus, Clupea pallasii), frozen | | |

From 1.9. to 31.12.2007: 600 tonnes | 0 |

From 1.1. to 31.12.2008: 600 tonnes | 0 |

From 1.1. to 30.4.2009: 200 tonnes | 0 |

09.0853 | 03037998 | Other fish, frozen | | |

From 1.9. to 31.12.2007: 2200 tonnes | 0 |

From 1.1. to 31.12.2008: 2200 tonnes | 0 |

From 1.1. to 30.4.2009: 734 tonnes | 0 |

09.0854 | 03032900 | Other salmonidae, frozen | | |

From 1.9. to 31.12.2007: 2000 tonnes | 0 |

From 1.1. to 31.12.2008: 2000 tonnes | 0 |

From 1.1. to 30.4.2009: 667 tonnes | 0 |

09.0855 | ex16052010 ex16052091 ex16052099 | Shrimps and prawns, peeled and frozen, prepared or preserved | From 1.9. to 31.12.2007: 2000 tonnes | 0 |

09.0856 | ex16052010 ex16052091 ex16052099 | Shrimps and prawns, peeled and frozen, prepared or preserved | From 1.1. to 31.12.2008: 10000 tonnes | 0 |

09.0858 | ex16052010 ex16052091 ex16052099 | Shrimps and prawns, peeled and frozen, prepared or preserved | From 1.1. to 30.4.2009: 667 tonnes | 0 |

(b) The row for order number 09.0758 is replaced by the following:

"09.0758 | ex16052010 ex16052091 ex16052099 | Shrimps and prawns, peeled and frozen, prepared or preserved | 2500 tonnes | 0" |

(c) The rows for the CN code ex03037430 with order numbers 09.0754, 09.0760, 09.0763 and 09.0778 is replaced by the following:

| | Mackerel of the species Scomber scombrus or Scomber japonicus, frozen | | |

| | | From 16.6.2007 to 15.6.2008: | |

"09.0763 | 03037430 | | From 16.6. to 30.9.2007: 7500 | 0 |

09.0778 | 03037430 | | From 1.10. to 31.12.2007: 15500 | 0 |

09.0760 | 03037430 | | From 1.1. to 14.2.2008: 7500 | 0 |

| | | From 16.6.2008 onwards: | |

09.0857 | 03037430 | | From 16.6.2008 to 14.2.2009: 30500 | 0" |

(d) The rows for order number 09.0752 and 09.0756 are replaced by the following:

"09.0752 | 03035100 | Herrings (Clupea harengus, Clupea pallasii), frozen [3] | 44000 tonnes | 0 |

09.0756 | 03042975 | Fillets of herring (Clupea harengus, Clupea pallasii), frozen | 67000 tonnes | 0 |

ex03049923 | Flaps of herring (butterflies) (Clupea harengus, Clupea pallasii), frozen [4] |

(e) Footnote (a) at the end of the table is deleted.

(2) Annex II to Regulation (EC) No 992/95 is amended as follows:

(a) The rows for order numbers 09.0745, 09.0756 and 09.0758 are replaced by the following:

Order No | CN codes | TARIC codes |

"09.0756 | ex03049923 | 0304992310 0304992320 0304992330 |

09.0745 | ex16052010 ex16052091 ex16052099 | 1605201020 1605201040 1605201091 1605209120 1605209140 1605209191 1605209920 1605209940 1605209991 |

09.0758 | ex16052010 ex16052091 ex16052099 | 1605201020 1605201040 1605201091 1605209120 1605209140 1605209191 1605209920 1605209940 1605209991" |

(b) The following rows are inserted:

Order No | CN codes | TARIC codes |

"09.0852 | ex03049923 | 0304992310 0304992320 0304992330 |

09.0855 | ex16052010 ex16052091 ex16052099 | 1605201020 1605201040 1605201091 1605209120 1605209140 1605209191 1605209920 1605209940 1605209991 |

09.0856 | ex16052010 ex16052091 ex16052099 | 1605201020 1605201040 1605201091 1605209120 1605209140 1605209191 1605209920 1605209940 1605209991 |

09.0858 | ex16052010 ex16052091 ex16052099 | 1605201020 1605201040 1605201091 1605209120 1605209140 1605209191 1605209920 1605209940 1605209991" |

(c) The rows for order numbers 09.0752, 09.0754, 09.0760, 09.0763 and 09.0778 are deleted.

[*] As the MFN duty is free from 15 February to 15 June, the benefit of this tariff quota shall not be granted for goods declared for release for free circulation during this period.

[**] As for goods of CN code 03049923, the MFN duty is free from 15 February to 15 June, the benefit of this tariff quota shall not be granted for these goods declared for release for free circulation during this period."

[***] As the MFN duty is free from 15 February to 15 June, the benefit of this tariff quota shall not be granted for goods declared for release for free circulation during this period.

[****] As for goods of CN code 03049923, the MFN duty is free from 15 February to 15 June, the benefit of this tariff quota shall not be granted for these goods declared for release for free circulation during this period."

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