ARCHIVES HISTORIQUES 
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COM (83) 546 
 
 
 
Vol. 1983/02 07 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Economic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation. 
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983, 
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003 
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit 
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5 
der genannten Verordnung freigegeben. 
COMMISSION OF THE EUROPEAN COMMUNITIES
C O M (83) 546 final
Brussels, 19 September 1983
Proposal for a  
C O U N C I L  R E G U L A T I O N  (E E C )
opening, allocating and providing for the administration of a  C om m unity 
tariff quota for silver shake (Merluccius bilinearis) falling within 
subheading ex 03.01 B  I t) of the C o m m o n  C ustom s Tariff (1984)
Proposal for a  
C O U N C I L  R E G U L A T I O N  (E E C )
opening, allocating and providing for the administration of a  C om m u n ity  
tariff quota for frozen cod (G aduo morhua) fillets falling within 
subheading ex 03.01 B  II b) 1  of the C o m m o n  C ustom s Tariff
(1984)
(submitted to the Council by the Com m ission)
C 0 M (8 3 ) 546 final

E X P L A N A T O R Y  M E M O R A N D U M
In the context of the G A T T  multilateral negotiations, the C om m unity 
has undertaken to open annually C om m unity tariff quotas at 8  %  duty 
for 2  000 tonnes of silver hake (Merluccius bilinearis) ex 03.01 B i t )  
and 1 0  000 tonnes of frozen cod fillets (G adus m orhua) ex 03.01 B  II b) 1
T he purpose of this proposal is to satisfy the obligations contracted 
by the C om m unity by opening these tariff quotas for the period 1  January 
to 3 1  D ecem ber 1984 and to provide for Greece's share in their allocation 
am o n g  M e m b er States.
The Commission's proposals for these products are mainly based on those 
usually put forward in the field of ta riff  quotas insofar as :
- the quota volumes are divided into tw o parts, the first consisting 
of a  fairly large quantity, allocated am o n g  the M e m b er States, and 
the second being a  reserve intended to cover any supplementary needs ;
- the allocation of initial shares to the M e m b er States is based on 
their past imports from  third countries over the last 3  years and 
on the prospects for the quota year concerned.
C om m unity imports from  non preferential third countries have, over the last 
3  years, evolved as follows :
- SiIver hake
M em b er State 1980
in tonnes1 9 8 1
in tonnes1982
in tonnes
Benelux- 0 2 2
D enm ark 684 112,2 0
G erm any 970 - 0
Greece
France 1 9 0 •  16,5 1 0 9
Ireland 0 0 0
Italy
United K ingdom 6 0 0

- Frozen cod fille ts
M em ber State 1980 1981 1982
in t in % in t in % i n  t in %
Benelux 48.90 0.52 173 2.40 200 1  .57
Denmark 468.60 4.99 456 6.34 159 1  .25
Germany 2175.50 23.18 1486 20.64 3546 27.79
Greece 0 0 26 0.36 156 1  .22
France 1410.30 15.30 187 2.60 1204 9.43
Ireland 0 0 0 0 0 0
Ita ly 1011.90 10.78 434 6.03 439 3.44
United Kingdom 4271.10 45.50 4437 61.63 7058 55.30
9386.30 7199 12762
It  can be seen from the firs t table concerning silver hake that import  
figures which are not separately recorded in the statistics, are incomplete  
and that therefore it  is not possible to m ake calculations concerning the  
percentage of total Community imports by individual M em ber States.  
Consequently such data m ay not be representative of import trends in each  
M em ber State. However, by taking account of requirement estimates put  
forward by the M em ber States, one can m ake the following percentages  
estimates of M em ber States' in itia l shares.
Silver hake C o d  fi l lets
Benelux 0.77 0.42
Denmark 23.28 8.55
Germany 42.20 30.80
Greece 0.01 0.09
France 14.81 17.11
Ireland 0.38 0.09
Ita ly  0.69 0.17
United Kingdom 17.86 42.77
The proposed Regulations foresee the "greyhound system" as the only method  
of administration to be applied by the M em ber States.

Proposal for a
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration of a Community tariff quota for  
silver hake (Merluccius bilinearis) falling within subheading ex 03.01 B i t )  of the
Common Customs Tariff (1 9 8 4 )
THE COUNCIL OF THE EUROPEAN  
COMMUNITIES,
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 64 of the Act of Accession of 
1979, Greece is required to apply in full the Common 
tonnes of silver hake (Merluccius bilinearis) falling 
within subheading ex 03.01 B it)  of the Common 
Customs Tariff; whereas the tariff quota concerned 
should be opened on 1  January 1984 and allocated 
between the Member States;
Whereas, under Article 64 of the Act of Accession of 
1979, Greece is required to apply in full the Common 
Customs Tariff duty in respect of the product in 
question as from 1  January 1981; whereas, therefore, 
as from that date, it is necessary to cover, in favour of 
the tariff quotas in question, the requirements of that 
Member State during the quota period;
Whereas equal and continuous access to the quota 
should be ensured for all Community importers and 
the rate of levy for the tariff quota should be applied 
consistently to all imports until the quota is used up; 
whereas, in the light of the principles outlined above, 
a Community tariff arrangement based on an 
allocation between the Member States would seem to 
preserve the Community nature of the quota; 
whereas, to represent as closely as possible the actual 
development of the market in the said goods, the 
allocation should follow proportionately the 
requirements of the Member States calculated both 
from statistics of imports from third countries during 
a representative reference period and according to the 
economic outlook for the tariff year in question;
Whereas, since the fish concerned are not separately 
specified in the statistical nomenclatures of the 
Member States, the available import figures provided 
by them cannot be regarded as sufficiently exact or 
representative for use as a basis for the allocation 
referred to above; whereas the incomplete figures 
available together with the estimates made by the 
Member States allow the following percentageestimates to be made as to the import needs of each 
of them from third countries for the quota period 
envisaged:
Benelux 0-77
Denmark 23-28
Germany 42-20
Greece 0-01
France 14-81
Ireland 0-38
Italy 0-69
United Kingdom 17-86
Whereas, to take account of the possible import 
trends for these fish, the quota volume should be 
divided into two instalments, the first being allocated 
between the Member States and the second held as a 
reserve to cover any subsequent requirements of 
Member States which have used up their initial share;
Whereas, to give importers some degree of certainty, 
the first instalment of the tariff quota should be fixed 
at a high level, which in this case could be 65-5 % of 
the amount of the quota;
Whereas initial shares may be used up at different 
rates; whereas, to avoid disruption of supplies on this 
account, it should be provided that any Member State 
which has almost used up its initial share should draw 
an additional share from the reserve; whereas each 
time its additional share is almost used up a Member 
State should draw a further share and so on as many 
times as the reserve allows; whereas the initial and 
additional shares should be valid until the end of the 
quota period; whereas this form of administration 
requires close collaboration between the Member 
States and the Commission, and the Commission 
must be in a position to keep account of the extent to 
which the quotas have been used up and to inform 
the Member States accordingly;
Whereas, if at a given date in the quota period a 
considerable quantity of a Member State’s initial 
share remains unused it is essential that such State 
should return a significant proportion thereof to the 
reserve, in order to prevent a part of the Community 
tariff quota from remaining unused in one Member 
State while it could be used in others;
Whereas, since the Kingdom of Belgium, the 
Kingdom of the Netherlands and the Grand Duchy 
of Luxembourg are united within and jointly

-  2 -
represented by the Benelux Economic Union, any 
measure concerning the administration of the shares 
allocated to that economic union may be carried out 
by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1  January to 31 December 1984 a 
Community tariff quota of 2 000 tonnes shall be 
opened within the Community for silver hake 
(Merluccius bilinearis) falling within subheading ex 
03.01 B 1 1) of the Common Customs Tariff.
2. The Common Customs Tariff duty shall be 
suspended at the level of 8 % within this tariff quota.
Article 2
1. The Community tariff quota referred to in 
Article 1  shall be divided into two instalments.
2. A first instalment of 1  310 tonnes shall be 
allocated among the Member States; the shares, 
which subject to Article 5 shall be valid from 
1  January to 31 December 1984, shall be as follows:
(tonnes)
Benelux 10
Denmark 305
Germany 552
Greece 1
France 194
Ireland 5
Italy 9
United Kingdom 234
3. The second instalment of 690 tonnes shall 
constitute the reserve.
Article 3
1. If a Member State has used 90 % or more of its 
initial share as fixed in Article 2 (2), or of that share 
minus any portion returned to the reserve pursuant to 
Article 5, it shall forthwith, by notifying the 
Commission, <Jraw a second share, to the extent that 
the reserve so permits, equal to 10 % of its initial 
share, rounded up as necessary to the next whole 
number.
2. If a Member State, after exhausting its initial 
share, has used 90 % or more of the second share 
drawn by it, that Member State shall forthwith, in the 
manner and to the extent provided in paragraph 1, 
draw a third share equal to 5 % of its initial share, 
rounded up as necessary to the next whole number.3. If a Member State, after exhausting its second 
share, has used 90 % or more of the third share 
drawn by it, that Member State shall, in the manner 
and to the extent provided in paragraph 1, draw a 
fourth share equal to the third.,
This process shall apply until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 
3, a Member State may draw shares lower than those 
specified in those paragraphs if there are grounds for 
believing that those specified may not be used in full. 
Any Member State applying this paragraph shall 
inform the Commission of its;  grounds for so doing.
Article 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 198 4 .
Article 5
Member States shall, not later than 1  October 1984, 
return to the reserve the unused portion of their initial 
share which, on 15 September 1984 is in excess of 
20 % of the initial volume.
They may return a greater portion if there are 
grounds for believing that it may not be used in full.
Member States shall, not later than 1  October 1984, 
notify the Commission of the total quantities of the 
product in question imported up to and including 
15 September 198 4 and charged against the 
Community quota and of any portion of their initial 
shares returned to the reserve.
Article 6
The Commission shall keep an account of the shares 
opened by the Member States pursuant to Articles 2 
and 3 and shall, as soon as the information reaches it, 
inform each State of the extent to which the reserve 
has been used up.
It shall, not later than 5 October 1984, inform the 
Member States of the amount still in reserve, 
following any return of shares pursuant to Article 5.
It shall ensure,  that the drawing which exhausts the 
reserve does not exceed the balance available, and to 
this end shall notify the amount of that balance to the 
Member State making the last drawing.
Article 7
1. The Member States shall take all appropriate 
measures to ensure that additional shares drawn 
pursuant to Article 3 are opened in such a way that

- 3  -
importations may be charged without interruption 
against their accumulated shares of the Community 
quota.
2. The Member States shall ensure that importers 
of the product in question,
have free access to the shares allocated to
them.
3. The Member States shall charge imports of the 
product in question against their shares as and when 
the product is entered with the customs authorities 
for free circulation.
4. The extent to which a Member State has used 
up its sharè shall be determined on the basis of the 
imports charged in accordance with paragraph 3.Article 8
At the request of the Commission, the Member States 
shall inform it of imports actually charged against 
their shares.
Article 9
The Member States and the Commission shall 
cooperate closely to ensure that this Regulation is 
complied with.
Article 10
This Regulation shall enter into force on 1  January 
1984.
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council  
The President

-  4 -
Proposal for a
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration of a Community tariff quota for  
frozen cod (Gadus mOrhua) fillets falling within subheading ex 03.01 Bllb)  1  of the
Common Customs Tariff (1984;
THE COUNCIL OF THE EUROPEAN  
COMMUNITIES,
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has undertaken to open an 
annual Community tariff quota at 8 % duty for 
10 000 tonnes of frozen cod (Gadus morhua) fillets 
falling within subheading ex 03.01 B II b) 1  of the 
Common Customs Tariff; whereas the tariff quota 
concerned should be opened on 1  January 1984 and 
allocated between the Member States;
Whereas, under Article 64 of the 1979 Act of 
Accession, Greece is required to apply in full the 
Common Customs Tariff duty in respect of the 
product in question as from 1  January 1981; 
whereas, therefore, as from that date, it is necessary 
to cover, in favour of the tariff quotas in question, 
the requirements of that Member State during the 
quota period;
Whereas equal and continuous access to the quota 
should be ensured for all Community importers and 
the rate of levy for the tariff quota should be applied 
consistently to all imports until the quota is used up; 
whereas, in the light of the principles outlined above, 
a Community tariff arrangement based on an 
allocation between the Member States would seem to 
preserve the Community nature of the quota; 
whereas, to represent as closely as possible the actual 
development of the market in the said goods, the 
allocation should follow proportionately the 
requirements of the Member States calculated both 
from statistics of imports from third countries during 
a representative reference period and according to the 
economic outlook for the tariff year in question;
Whereas, during the last three years for which 
complete statistics are available, the corresponding 
imports into each of the Member States represented 
the following percentages of total imports of the 
product in question:M em ber States 1980 1981 1982
B en elu x 0 .52 2.40 157
D en m ark 499 6.34 125
G erm an y 2318 20.64 27.79
G reece0 0.36 1.22
F ra n ce 15.30 **60 9
Irela n d 0 0 0
Ita ly 1 0.78 6.03 3.44
U nited K in gd om 45.50 61.63 55.30
Whereas, in view of these factors and of market 
forecasts for this product for 1984 the initial 
percentage shares in the quota volume can be 
expressed approximately as follows:
Benelux 0'•42
Denmark 8'55
Germany 30-■ 80
Greece 0·•09
France 17·■ 1 1
Ireland 0·■ 09
Italy 0'•17
United Kingdom 42•77
Whereas, to take account of future import trends for 
the products in question in the various Member 
States, the quota should be divided into two 
instalments, the first being allocated among Member 
States and the second held as a reserve to cover sub­
sequently the requirements of Member States which 
have exhausted their initial share; whereas, to give 
importers in each Member State some degree of 
certainty, the first instalment of the Community quota 
should be fixed at a relatively high level, in this case 
approximately 58 %  of the full quota;
Whereas Member States may exhaust their initial 
shares for the products in question at different rates; 
whereas, to avoid disruption of supplies on this 
account, it should be provided that any Member State 
which has almost used up its initial share should draw 
an additional share from the reserve; whereas this 
must be done by each Member State as and when 
each of its additional shares is almost entirely used 
up, and repeated as many times as the reserve allows; 
whereas the initial and additional shares must be 
available for use until the end of the quota period; 
whereas this method of administration calls for close 
cooperation between Member States and the 
Commission, which latter must, in particular, be able

-  5 -
to observe the extent to which the quota amount is 
used and inform Member States thereof;
Whereas if, at a specified date in the quota period, a 
considerable balance remains in one or other Member 
State it is essential that that Member State pay a large 
amount of it back into the reserve, in order to avoid a 
part of the Community quota remaining unused in 
one Member State when it could be used in others;
Whereas, since the Kingdom of Belgium, the 
Kingdom of the Netherlands and the Grand Duchy of 
Luxembourg are united within and jointly represented 
by the Benelux Economic Union, all transactions 
concerning the administration of the shares allocated 
to that economic union may be carried out by any 
one of its members,
' HAS ADOPTED THIS REGULATION:
Article 1
1. From 1  January to 31 December 1984, a 
Community tariff quota of 10 000 tonnes shall be 
opened within the Community, for frozen cod 
(Gadus pio rhua) fillets falling within subheading 
ex 03.01 B II b) 1  of the Common Customs Tariff.
2. The Common Customs Tariff duty shall be 
suspended at the level of 8 % within this tariff quota.
Article 2
1. The Community tariff quota referred to in 
Article 1  shall be divided into two instalments.
2. A first instalment of 5 845 tonnes shall be 
allocated among the Member States; the shares, 
which subject to Article 5 shall be valid from 
1  January to 31 December 1984, shall be as follows:
(tonnes)
Benelux 25
Denmark 500
Germany 1  800
Greece 5
France 1  000
Ireland 5
Italy 10
United Kingdom 2 500
The second instalment of 4 155 tonnes shall
constitute the reserve.
Article 3
1. If a Member State has used 90 % or more of its 
initial share as fixed in Article 2 (2), or of that shareminus any portion returned to the reserve pursuant to 
Article 5, it shall forthwith, by notifying the 
Commission, draw a second share, to the extent that 
the reserve so permits, equal to 10 % of its initial 
share rounded up, should the occasion arise, to the 
nearest unit above.
2. If a Member State, after exhausting its initial 
share, has used 90 % or more of the second share 
drawn by it, that Member State shall forthwith, in the 
manner and to the extent provided in paragraph 1, 
draw a third share, equal to 5 % of its initial share 
rounded up, should the occasion arise, to the nearest 
unit above.
3. If a Member State, after exhausting its second 
share, has used 90 °/o or more of the third share 
drawn by it, that Member State shall, under the same 
conditions, draw a fourth share equal to the third.
This process shall continue until the reserve has been 
exhausted.
4. By way of derogation from paragraphs 1, 2 and' 
3, a Member State may draw shares lower than those 
specified in those paragraphs if there are grounds for 
believing that those specified may not be used in full. 
Any Member State applying this paragraph shall 
inform the Commission of its ground for so doing.
Article 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 1984 .
Article  5
Member States shall, not later than 1  October 1984, 
return to the reserve the unused portion of their 
initial share which, on 15 September 1984, is in excess 
of 20 % of the initial volume. They may return a 
greater portion if there are grounds for believing that 
it may not be used in full.
Member States shall, not later than 1  October 19 84, 
notify the Commission of the total quantities of the 
product in question imported up to and including 
15 September 198 4 and charged against the 
Community quotas and of any portion of their initial 
shares returned to the reserve.
Article 6
The Commission shall keep an account of the shares 
opened by the Member States pursuant to Articles 2 
and 3 and shall, as soon as the information reaches it, 
inform each State of the extent ,to which the reserve 
has been used up.

-  6 -
It shall, not later than 5 October 1984, inform the 
Member State of the amount still in reserve following 
any return of shares pursuant to Article 5.
It shall ensure that when an amount exhausting the 
reserve is drawn the amount so drawn does not 
exceed the balance available, and to this end shall 
notify the amount of that balance to the Member 
State making the last drawing.
Article 7
1. Member States shall take all appropriate 
measures to ensure that additional shares drawn 
pursuant to Article 3 are opened in such a way that 
importations may be charged without interruption 
against their accumulated shares of the Community 
quota.
2. Member States shall ensure that importers of the 
products in question,
have free access to the shares allocated to them.3. Member States shall charge imports of the 
products in question against their shares as and when 
the products are entered with the customs authorities 
for free circulation.
4. The extent to which a Member State has used 
up its share shall be determined on the basis of the 
imports charged in accordance with paragraph 3.
Article 8
At the request of the Commission, the Member States 
shall inform it of imports actually charged against 
their shares.
Article 9
The Member States and the Commission shall 
cooperate closely to ensure that this Regulation is 
complied with.
Article 10
The Regulation shall enter into force on 1  January 
1984.
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council  
The President