
Article 1 

1. A system of tariff quotas is hereby opened for the period 6 February 2005 to 13 August 2008 in relation to imports into the Community of farmed (other than wild) salmon, whether or not filleted, fresh, chilled or frozen, classified within CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00, ex 0304 10 13 and ex 0304 20 13 (hereinafter ‘farmed salmon’). The volume of the tariff quotas and the countries to which they apply are specified in Annex 1. The quotas have been calculated on a whole fish equivalent basis (WFE) and conversion ratios to non-fillets (Group 1) and fillets (Group 2) actually imported are 1:0,9 and 1:0,65 respectively.
2. Wild salmon shall not be subject, or allocated, to the tariff quotas. For the purpose of this Regulation, wild salmon shall be that in respect of which the competent authorities of the Member State where the customs declaration for free circulation is accepted are satisfied, by means of all appropriate documents to be provided by interested parties, that it was caught at sea for Atlantic or Pacific salmon or in rivers for Danube salmon.
3. Subject to Article 4, imports of farmed salmon beyond the level of the tariff quota shall be subject to the additional duty specified in Annex 1 for the group to which they belong.
4. For the purposes of determining the level of additional duty payable, farmed salmon falling within CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00 shall fall within Group 1 in Annex 1, whilst those falling within ex 0304 10 13 and ex 0304 20 13 shall fall within Group 2.
5. The conventional rate of duty provided in Council Regulation (EC) No 2658/87, or any preferential rate of duty, shall continue to apply to imports of farmed salmon.
6. If circumstances should change, these measures may be reviewed by the Commission.
7. Upon cause shown, the rate of liberalisation of these measures may be reviewed.
Article 2 

1. Both within and beyond the tariff quota mentioned in Article 1 above, imports of farmed salmon are subject to a minimum import price (‘MIP’) which may be reviewed from time to time having regard to relevant factors including supply, demand and cost of production.
2. Imports of farmed salmon sold at a price which is less than the MIP shall be subject to a duty equivalent to the difference between the MIP for the respective products listed in annex 1 and the actual import price of those products (CIF Community border excluding customs duty).
3. From the entry into force of this Regulation until 15 April 2005, the MIP shall be EUR 2 700 per tonne whole fish equivalent (CIF Community border excluding customs duty) for fresh farmed salmon and EUR 2 592 for frozen farmed salmon. The MIP for imports in Group 1 shall be EUR 3 000 per tonne fresh and EUR 2 880 frozen, and that for imports in Group 2 shall be EUR 4 154 per tonne fresh and EUR 3 988 frozen.
4. From 16 April 2005 until 13 August 2008, the MIP shall be EUR 2 850 per tonne whole fish equivalent (CIF Community border excluding customs duty) for fresh farmed salmon and EUR 2 736 for frozen farmed salmon. The MIP for imports in Group 1 shall be EUR 3 170 per tonne fresh and EUR 3 040 frozen, and that for imports in Group 2 shall be EUR 4 385 per tonne fresh and EUR 4 209 frozen.
5. In cases where goods have been damaged before entry into free circulation and, therefore, the price is apportioned as for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the MIP set out in paragraph (3) or (4) as appropriate, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. The duty payable will then be equal to the difference between the reduced MIP and the reduced net, free-at-Community-frontier price.
Article 3 

1. For the purpose of this regulation, ‘importer’ shall mean the person lodging the declaration for release for free circulation, or the person on whose behalf that declaration is lodged, and ‘satisfactory evidence’ shall be provided by the production to the customs authority of evidence of payment of the actual import price for the salmon imported, or by results of appropriate controls carried out by customs authorities.
2. Importers of farmed salmon shall provide satisfactory evidence to the customs authorities of the actual import price per tonne paid for imports of farmed salmon.
3. Pending the provision of satisfactory evidence, the release of the goods shall be conditional upon the provision of a security to the customs authorities of EUR 290 per tonne (WFE) of farmed salmon imported (Group 1 — EUR 320 per tonne, Group 2 — EUR 450 per tonne).
4. If, within 1 year of the date of acceptance of the customs declaration for release for free circulation or within 3 months following the foreseen date of payment for the goods, whichever date is the later, the importer has not supplied satisfactory evidence as required by paragraph (2) above, the customs authorities shall immediately enter in the accounts, as duties to which the goods in question are subject, the amount of the security provided in accordance with the provisions of paragraph (3) above.
5. If on verification the customs authorities establish that the price actually paid for the goods is below the MIP as indicated in Article 2, they shall recover the difference between that price and the respective MIP in accordance with Article 220(1) of Regulation (EEC) No 2913/92. In order to prevent the wrongful acquisition of financial advantage, compensatory interests shall be applied in accordance with the provisions in force.
6. The security provided shall be released at the moment the importer provides satisfactory evidence as required in paragraph (2) above.
Article 4 
Imports of farmed salmon originating in one of the developing countries specified in Annex 2 shall not be subject, or allocated, to the tariff quotas laid down in Article 1 or subject to the requirements under Articles 2 or 3.
Article 5 

1. The origin of the farmed salmon to which this Regulation applies shall be determined in accordance with the provisions in force in the Community.
2. Subject to paragraph (3), any release into free circulation in the Community of farmed salmon originating in a developing country shall be subject to:
(a) presentation of a certificate of origin issued by the competent national authorities of that country meeting the conditions laid down in Article 47 of Regulation (EEC) No 2454/93, and
(b) the condition that the product has been transported directly, within the meaning of Article 6, from that country to the Community.
3. The certificate of origin referred to in paragraph (2)(a) shall not be required for imports of farmed salmon covered by a proof of origin issued or made out in accordance with the relevant rules established in order to qualify for preferential tariff measures.
4. Proof of origin shall be accepted only if the farmed salmon meet the criteria for determining origin set out in the provisions in force in the Community.
Article 6 

1. The following shall be considered as transported direct to the Community from a third country:
(a) products transported without passing through the territory of any third country;
(b) products transported through one or more third countries other than the country of origin, with or without trans-shipment or temporary warehousing in those countries, provided that such passage is justified for geographical reasons or exclusively on account of transport requirements and provided that the products:
— have remained under the supervision of the customs authorities of the country or countries of transit or warehousing,
— have not entered into commerce or been released for consumption there, and
— have not undergone operations there other than unloading and reloading.
2. Proof that the conditions referred to in paragraph (1)(b) have been satisfied shall be submitted to the Community authorities. That proof may be provided, in particular, in the form of one of the following documents:
(a) a single transport document issued in the country of origin covering passage through the country or countries of transit;
(b) a certificate issued by the customs authorities of the country or countries of transit containing:
— a precise description of the goods;
— the dates of their unloading and reloading or their lading or unlading, identifying the vessels used.
Article 7 

1. This Regulation shall not apply to products in the process of shipment to the Community within the meaning of paragraph (2).
2. Products shall be deemed to be in the process of shipment to the Community if they:
— left the country of origin before the date this Regulation begins to apply, and
— are shipped from the place of loading in the country of origin to the place of unloading in the Community under cover of a valid transport document issued before the date this Regulation begins to apply.
3. The parties concerned shall provide, to the satisfaction of the customs authorities, proof that the conditions laid down in paragraph (2) have been met.However, the authorities may regard the products as having left the country of origin before the date this Regulation begins to apply if one of the following documents is provided:
— in the case of transport by sea, the bill of lading showing that loading took place before that date,
— in the case of transport by rail, the consignment note that was accepted by the railway authorities in the country of origin before that date,
— in the case of transport by road, the CMR contract for the carriage of goods or any other transport document issued in the country of origin before that date,
— in the case of transport by air, the air consignment note showing that the airline took the products over before that date.
Article 8 
The Member States and the Commission shall co-operate closely to ensure compliance with this Regulation.
Article 9 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union and apply until 13 August 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 4 February 2005.
For the Commission
Peter MANDELSON
Member of the Commission
ANNEX I

1 2 3 4 5 6 7 10 11 12 15 16 17 20 21 22 25 26
CN code TARIC code Group Origin (for groups 1 and 2) Tariff quotas and additional duties Order Number for group 1 Order Number for group 2
6.2.2005 to 13.8.2005 14.8.2005 to 13.8.2006 14.8.2006 to 13.8.2007 14.8.2007 to 13.8.2008
Tariff quota(tonnes WFE) Additional dutyEUR/tonneGroup 1 (fresh & frozen) Additional dutyEUR/tonneGroup 2 (fresh & frozen) Tariff quota(tonnes WFE) Additional dutyEUR/tonneGroup 1 (fresh & frozen) Additional dutyEUR/tonneGroup 2 (fresh & frozen) Tariff quota(tonnes WFE) Additional dutyEUR/tonneGroup 1 (fresh & frozen) Additional dutyEUR/tonneGroup 2 (fresh & frozen) Tariff quota(tonnes WFE) Additional dutyEUR/tonneGroup 1 (fresh & frozen) Additional dutyEUR/tonneGroup 2 (fresh & frozen)
ex 0302 12 00 0302 12 00 19 1 Norway 163 649   369 041   405 945   446 539   09.0800 09.0801
0302 12 00 38 1 Faeroes 20 173 366 508 47 921 348 483 52 713 330 458 57 984 314 436 09.0697 09.0698
0302 12 00 98 1 Chile 16 033   36 146   39 760   43 736   09.1937 09.1938
Other 14 150   39 053   42 959   47 254   09.0080 09.0081
ex 0303 11 00 0303 11 00 18 1               
0303 11 00 98 1               
ex 0303 19 00 0303 19 00 18 1               
0303 19 00 98 1               
ex 0303 22 00 0303 22 00 19 1               
0303 22 00 88 1               
ex 0304 10 13 0304 10 13 19 2               
0304 10 13 98 2               
ex 0304 20 13 0304 20 13 19 2               
0304 20 13 98 2               
ANNEX II
LIST OF DEVELOPING COUNTRIES 
United Arab Emirates, Afghanistan, Antigua and Barbuda, Angola, Argentina, American Samoa, Anguilla, Antartica, Aruba, Barbados, Bangladesh, Burkina Faso, Bahrain, Burundi, Benin, Brunei Darussalam, Bolivia, Brazil, Bahamas, Bhutan, Botswana, Belize, Bermuda, Bouvet Island, British Virgin Islands, British Indian Ocean Territory, Democratic Republic of Congo, Central African Republic, Congo, Côte d'Ivoire, Cameroon, Chad, Colombia, Costa Rica, Cuba, Cape Verde, Cayman Islands, Christmas Island, Cocos Islands (or Keeling Islands), Cook Islands, Djibouti, Dominica, Dominican Republic, Algeria, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Federated States of Micronesia, Falkland Islands, French Polynesia, French Southern Territories, Gabon, Grenada, Ghana, Gambia, Guinea, Equatorial Guinea, Guatemala, Guinea-Bissau, Guyana, Gibraltar, Guam, Honduras, Hong Kong, Haiti, Heard Island and McDonald Islands, Indonesia, India, Iraq, Iran (Islamic Republic of), Jamaica, Jordan, Kenya, Cambodia, Kiribati, Comoros, St Kitts and Nevis, Kuwait, Lao People's Democratic Republic, Lebanon, St Lucia, Sri Lanka, Liberia, Lesotho, Libyan Arab Jamahiriya, Morocco, Madagascar, Marshall Islands, Mali, Myanmar, Mongolia, Mauritania, Mauritius, Maldives, Malawi, Mexico, Malaysia, Mozambique, Macao, Mayotte, Montserrat, Namibia, Niger, Nigeria, Nicaragua, Nepal, Nauru, Netherlands Antilles, New Caledonia and dependencies, Niue Island, Norfolk Island, Northern Mariana Islands, Oman, Panama, Peru, Papua New Guinea, People’s Republic of China, Philippines, Pakistan, Palau, Paraguay, Pitcairn, Qatar, Rwanda, Samoa, Saudi Arabia, Solomon Islands, Seychelles, Sudan, Sierra Leone, Senegal, Somalia, Suriname, Sao Tomé and Principe, El Salvador, Syrian Arab Republic, Swaziland, South Georgia and South Sandwich Islands, St Helena and dependencies, St Pierre and Miquelon, Togo, Tunisia, Tonga, East Timor, Trinidad and Tobago, Tuvalu, Tanzania (United Republic of), Chinese Taipei, Tokelau, Turks and Caicos Islands, United States Minor outlying islands, Uganda, Uruguay, St Vincent and the Northern Grenadines, Venezuela, VietNam, Vanuatu, Virgin Islands of USA, Wallis and Futuna Islands, Yemen, South Africa, Zambia and Zimbabwe.
