
Article 1 

1. A system of tariff quotas is hereby opened for the period 15 August 2004 to 6 February 2005 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 I. The quotas have been calculated on a whole fish equivalent basis (WFE) and conversion ratios to fillets (Group 2) and non-fillets (Group 1) actually imported are 1:0,65 and 1:0,9 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. 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 I, whilst those falling within ex 0304 10 13 and ex 0304 20 13 shall fall within Group 2.
4. Subject to Article 2, imports of farmed salmon beyond the level of the tariff quota shall be subject to the additional duty specified in Annex I for the group to which they belong.
5. The conventional rate of duty provided in Council Regulation (EC) No 2658/87, as last amended by Commission Regulation (EC) No 2344/2003 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.
Article 2 
Imports of farmed salmon originating in one of the developing countries specified in Annex II shall not be subject, or allocated, to the tariff quotas.
Article 3 

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 4, 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 4 

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 transshipment 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 5 

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 6 
The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.
Article 7 
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 6 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 13 August 2004.
For the Commission
Pascal LAMY
Member of the Commission
ANNEX I

CN code TARIC code Group Origin (for groups 1 and 2) Tariff quota (for groups 1 and 2) in tonnes (WFE) Order Number for group 1 Order Number for group 2 Additional duty EUR/tonne
Group 1 Group 2
ex 0302 12 00 0302 12 00 21 1 Norway 163 997 90.780 90.788 522 722
0302 12 00 22 1 Faeroes 22 230 90.694 90.695  
0302 12 00 23 1 Other 20 108 90.077 90.078  
0302 12 00 29 1      
0302 12 00 39 1      
0302 12 00 99 1      
ex 0303 11 00 0303 11 00 19 1      
0303 11 00 99 1      
ex 0303 19 00 0303 19 00 19 1      
0303 19 00 99 1      
ex 0303 22 00 0303 22 00 21 1      
0303 22 00 22 1      
0303 22 00 23 1      
0303 22 00 29 1      
0303 22 00 89 1      
ex 0304 10 13 0304 10 13 21 2      
0304 10 13 29 2      
0304 10 13 99 2      
ex 0304 20 13 0304 20 13 21 2      
0304 20 13 29 2      
0304 20 13 99 2      
ANNEX II

List of developing countries — excluded from the measures as they export less than 3 % of imports to the Community.
United Arab Emirates, Afghanistan, Antigua and Barbuda, Angola, Argentina, American Samoa, Anguilla, Antarctica, 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, Chile, 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, Macau, 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, São Tomé and Príncipe, 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 the United States of America, Wallis and Futuna Islands, Yemen, South Africa, Zambia and Zimbabwe.
