Article 1 System of tariff quotas and their additional duties

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.

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.

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.

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.

The conventional rate of duty provided in Council Regulation (EC) No 2658/87^f1, as last amended by Commission Regulation (EC) No 2344/2003^f2 or any preferential rate of duty, shall continue to apply to imports of farmed salmon.

If circumstances should change, these measures may be reviewed by the Commission.