HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 53/36
EN
Official Journal of the European Union
26.2.2011
COMMISSION REGULATION (EU) No 185/2011
of 25 February 2011
amending Council Regulation (EC) No 499/96 as regards tariff quotas of the Union for certain fish
and fishery products and live horses originating in Iceland
THE EUROPEAN COMMISSION,
for the tariff quota period 1 March 2011 to 30 April
2011 should be carried over to the corresponding tariff
quotas for the period 1 May 2011 to 30 April 2012.
Having regard to the Treaty on the Functioning of the European
Union,
(5) In
order
to
implement
the
tariff
quotas
provided
for
in
the Additional Protocol, it is necessary to amend
Having regard to Council Regulation (EC) No 499/96 of
Regulation (EC) No 499/96.
19 March 1996 opening and providing for the administration
of Community tariff quotas for certain fishery products and live
horses originating in Iceland ( 1 ), and in particular Article 5(1)(a)
and (b) thereof,
(6) It
is
necessary
to
replace
the
current
reference
in
Regu
lation (EC) No 499/96 to free-at-frontier prices by a
reference to the declared customs value in accordance
Whereas:
with Council Regulation (EC) No 104/2000 of
17 December 1999 on the common organisation of
the markets in fishery and aquaculture products ( 3 ), and
(1) In
2009,
negotiations
were
concluded
for
an
Additional
to provide that in order to qualify for the preferences laid
Protocol to the Agreement between the European
down in the Additional Protocol, that value must at least
Economic Community and the Republic of Iceland
be equal to any reference price fixed or to be fixed in
concerning special provisions applicable for the period
accordance with the same Regulation.
2009-2014 to imports into the European Union of
certain fish and fishery products, hereinafter ‘the
Additional Protocol’.
(7) Protocol 3 of the Agreement between the European
Economic Community and the Republic of Iceland
defining the concept of originating products and setting
(2) The
signing,
on
behalf
of
the
European
Union,
and
the
out the arrangements for administrative cooperation has
provisional application of the Additional Protocol has
been amended by Decision No 2/2005 of the EC-Iceland
been authorised by Council Decision 2010/674/EU of
Joint Committee of 22 December 2005 ( 4 ). It is therefore
26 July 2010 on the signing and provisional application
necessary to provide explicitly that Protocol 3 as
of an Agreement between the European Union, Iceland,
amended in 2005 is to apply.
Liechtenstein and Norway on an EEA Financial
Mechanism 2009-2014, an Agreement between the
European Union and Norway on a Norwegian Financial
Mechanism 2009-2014, an Additional Protocol to the
(8)
Within the agreement in the form of an Exchange of
Agreement between the European Economic
Letters between the European Community and the
Community and Iceland concerning special provisions
Republic of Iceland concerning additional trade pref
applicable to imports into the European Union of
erences in agricultural products undertaken on the basis
certain fish and fishery products 2009-2014 and an
of Article 19 of the Agreement on the European
Additional Protocol to the Agreement between the
Economic Area, attached to Council Decision
European Economic Community and Norway concerning
2007/138/EC ( 5 ), the bilateral trade in live horses was
special provisions applicable to imports into the
liberalised between the European Union and Iceland for
European Union of certain fish and fishery products
unlimited quantities. Therefore the tariff quota laid down
2009-2014 ( 2 ).
in the Annex to Regulation (EC) No 499/96 for live
horses is redundant.
(3) The
Additional
Protocol
provides
for
new
annual
duty-
free tariff quotas at import into the European Union of
(9) For reasons of clarity and to take account of the
certain fish and fishery products originating in Iceland.
amendments of the Combined Nomenclature Codes,
laid down in Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature
(4)
In accordance with the Additional Protocol, the volumes
and on the Common Customs Tariff ( 6 ), and of the
of the duty-free tariff quotas for the first 12-month
TARIC subdivisions, it is appropriate to replace the
period from 1 May 2009 to 30 April 2010 will be
complete Annex to Regulation (EC) No 499/96.
allocated to the second tariff quota period. Furthermore,
unused volumes of the tariff quotas for some products
( 3 ) OJ L 17, 21.1.2000, p. 22.
( 4 ) OJ L 131, 18.5.2006, p. 1.
( 1 ) OJ L 75, 23.3.1996, p. 8.
( 5 ) OJ L 61, 28.2.2007, p. 28.
( 2 ) OJ L 291, 9.11.2010, p. 1.
( 6 ) OJ L 256, 7.9.1987, p. 1.

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EN
26.2.2011 Official
Journal
of
the
European
Union L
53/37
(10) Regulation
(EC)
No
499/96
should
therefore
be
amended
4. The
benefit
of
the
tariff
quotas
with
order
numbers
accordingly.
09.0792 and 09.0812 shall not be granted for goods
declared for release for free circulation during the period
(11) In
accordance
with
Decision
2010/674/EU
the
new
tariff
15 February to 15 June.
quotas for certain fish and fishery products have to apply
___________
from 1 March 2011. This Regulation should therefore
(*) OJ L 17, 21.1.2000, p. 22.
apply from the same date.
(**) OJ L 131, 18.5.2006, p. 1.’;
(12) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
3. in Article 2, the second paragraph, is replaced by the
Committee,
following:
HAS ADOPTED THIS REGULATION:
‘However, Article 308c(2) and (3) of Regulation (EEC) No
2454/93 shall not apply to the tariff quotas with order
Article 1
numbers 09.0810, 09.0811 and 09.0812.’;
Regulation (EC) No 499/96 is amended as follows:
4. Article 3 is replaced by the following:
1. the title is replaced by the following:
‘Article 3
‘opening and providing for the administration of tariff
Where the tariff quotas with order numbers 09.0810,
quotas of the Union for certain fish and fishery products
09.0811 and 09.0812 will not be fully exhausted for the
originating in Iceland’;
tariff quota period from 1 March 2011 to 30 April 2011,
the remaining volume shall be carried over to the corres-
2. Article 1 is replaced by the following:
ponding tariff quotas for the period 1 May 2011 to 30 April
2012.
‘Article 1
For this purpose drawings on the tariff quotas applicable
1. When products originating in Iceland listed in the
from 1 March 2011 to 30 April 2011 shall be stopped
Annex are put into free circulation in the European Union,
on the second working day in the Commission following
they shall be eligible for exemption of customs duties within
1 September 2011. On the following working day, the
the limits of the tariff quotas, during the periods and in
unused balances of these tariff quotas shall be made
accordance with the provisions set out in this Regulation.
available under the corresponding tariff quota applicable
from 1 May 2011 to 30 April 2012.
2. Imports
of
the
fish
and
fishery
products
listed
in
the
Annex shall qualify for the tariff quotas referred to in
From the second working day in the Commission following
paragraph 1 only if the declared customs value is at least
1 September 2011 no retroactive drawings and no returns
equal to the reference price fixed, or to be fixed, in
shall be possible on the particular tariff quotas applicable
accordance with Article 29 of Regulation (EC) No
from 1 March 2011 to 30 April 2011.’;
104/2000 of 17 December 1999 on the common
organisation of the markets in fishery and aquaculture
5. the Annex is replaced by the text set out in the Annex to
products (*).
this Regulation.
3. Protocol 3 of the Agreement between the European
Article 2
Economic Community and the Republic of Iceland defining
the concept of originating products and setting out the
This Regulation shall enter into force on the third day following
arrangements for administrative cooperation, as last
its publication in the Official Journal of the European Union.
amended by Decision No 2/2005 of the EC-Iceland Joint
Committee of 22 December 2005 (**) shall apply.
It shall apply from 1 March 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission
The President
José Manuel BARROSO

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L 53/38
EN
Official Journal of the European Union
26.2.2011
ANNEX
‘ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the
coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential
scheme is to be determined by application of the CN code and corresponding description taken together.
Quota
volume (in
tonnes net Quota
Order No CN
code
TARIC
subdivision
Description of products Quota
period
weight
duty
unless
(%)
otherwise
specified)
09.0792 ex
0303
51
00 10
Herrings of the species Clupea harengus From 1.1 to 950
0
20
or Clupea pallasii, frozen, excluding 31.12
livers and roes, for industrial
manufacture ( a ) ( 1 )
09.0812 0303
51
00 Herrings
of
the
species Clupea harengus From 1.3.2011 1 900
0
or Clupea pallasii, frozen, excluding to 30.4.2011
livers and roes ( 1 )
From 1.5.2011 950
to 30.4.2012
From 1.5.2012 950
to 30.4.2013
From 1.5.2013 950
to 30.4.2014
09.0793 0302
12
00
Pacific salmon (Oncorhynchus nerka, From 1.1 to 50
0
0304 19 13
Oncorhynchus gorbuscha, Oncorhynchus 31.12
0304 29 13
keta, Oncorhynchus tschawytscha, Oncor
hynchus kisutch, Oncorhynchus masou
and Oncorhynchus rhodurus), Atlantic
salmon (Salmo salar) and Danube
salmon (Hucho hucho)
09.0794 0302
23
00 Sole
(Solea spp.), fresh or chilled, From 1.1 to 250
0
excluding fish fillets and other fish 31.12
meat of heading 0304
0302 29 Megrim
(Lepidorhombus spp.) and other
flat fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304
ex 0302 69 82 10 Blue
whiting
(Micromesistius poutassou or
Gadus poutassou), fresh or chilled,
excluding fish fillets and other fish
meat of heading 0304
0303 32 00 Plaice
(Pleuronectes platessa), frozen,
excluding fish fillets and other fish
meat of heading 0304
0303 62 00
Toothfish (Dissostichus spp.) and other
0303 79 98
saltwater fish, frozen, excluding fish
fillets and other fish meat of heading
0304
0304 19 01
Fillets of Nile perch (Lates niloticus), of
0304 19 03
pangasius (Pangasius spp.) and of other
0304 19 18
freshwater fish, fresh or chilled

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EN
26.2.2011 Official
Journal
of
the
European
Union L
53/39
Quota
volume (in
tonnes net Quota
Order No CN
code
TARIC
subdivision
Description of products Quota
period
weight
duty
unless
(%)
otherwise
specified)
0304 19 33 Fillets
of
coalfish
(Pollachius virens), fresh
or chilled
0304 19 35 Fillets
of
redfish
(Sebastes spp.), fresh or
chilled
0304 11 10
Fillets of swordfish (Xiphias gladius) and
0304 12 10
of toothfish (Dissostichus spp.), fresh or
chilled
ex 0304 19 39 10
Other fish fillets, other than herring
20
and mackerel, fresh or chilled
60
70
75
80
85
90
0304 11 90
Other fish meat (whether or not
0304 12 90
minced), fresh or chilled
0304 19 99
0304 29 01
Frozen fillets of Nile perch (Lates
0304 29 03
niloticus), of pangasius (Pangasius spp.),
0304 29 05
of tilapia (Oreochromis spp.) and of
0304 29 18
other freshwater fish
0304 99 31
Frozen meat of cod of the species
Gadus macrocephalus
0304 99 33
Frozen meat of cod of the species
Gadus morhua
0304 99 39
Frozen meat of cod of the species
Gadus ogac and frozen fish meat of
the species Boreogadus saida
0304 99 41 Frozen
meat
of
coalfish
(Pollachius
virens)
ex 0304 99 51 11
Frozen meat of hake (Merluccius spp.)
15
0304 99 71 Frozen
meat
of
blue
whiting
(Micromesistius poutassou or Gadus
poutassou)
ex 0304 99 99 20
Other frozen fish meat, except
25
mackerel
30
40
50
60
65
69
70
81
89
90

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L 53/40
EN
Official Journal of the European Union
26.2.2011
Quota
volume (in
tonnes net Quota
Order No CN
code
TARIC
subdivision
Description of products Quota
period
weight
duty
unless
(%)
otherwise
specified)
09.0811 0304
19
35 Fillets
of
redfish
(Sebastes spp.), fresh or From 1.3.2011 1 500
0
chilled
to 30.4.2011
From 1.5.2011 750
to 30.4.2012
From 1.5.2012 750
to 30.4.2013
From 1.5.2013 750
to 30.4.2014
09.0795 0305
61
00 Herrings
(Clupea harengus, Clupea From 1.1 to 1 750
0
pallasii), salted but not dried or 31.12
smoked, and herring in brine
09.0796 0306
19
30 Frozen
Norway
lobsters
(Nephrops From 1.1 to 50
0
norvegicus)
31.12
09.0810 0306
19
30 Frozen
Norway
lobsters
(Nephrops From 1.3.2011 1 040
0
norvegicus)
to 30.4.2011
From 1.5.2011 520
to 30.4.2012
From 1.5.2012 520
to 30.4.2013
From 1.5.2013 520
to 30.4.2014
09.0797 1604
12
91
Other prepared or preserved herrings, From 1.1 to 2 400
0
1604 12 99
whole or in pieces but not minced
31.12
09.0798 1604
19
98 Other
prepared
or
preserved
fish,
whole
From 1.1 to 50
0
or in pieces but not minced
31.12
ex 1604 20 90 20
Other prepared or preserved fish,
30
except herring and mackerel
35
50
60
90
( a ) Entry under this subheading is subject to the conditions laid down in the relevant Community provisions (see Articles 291 to 300 of
Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1)).
( 1 ) As the MFN duty is free from 15 February to 15 June, the benefit of the tariff quota shall not be granted to goods declared for free
circulation during this period.’

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