ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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DOCUMENTS "COM" 
 
 
 
 
COM (83) 123 
 
 
 
Vol. 1983/00 37 
  
 
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 openi ng to the public of the historical archives of the European Econom ic 
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 f ile 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 198 3 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) 1 2 3  final
Brussels, 1 4  M a r c h  1 9 8 3
Draft
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration  
of a Community tariff quota for certain eels falling  
within subheading ex 03.01 A II of the Common Customs  
Tariff (1 July 1983 to 30 June 1984)
(submitted to the Council by the Commission)
C O M (83 123 fin al

EXPLANATORY MEMORANDUM
1„ In recent yearly eel fishing has been prohibited or has become impossible  
in certain Community production centres owing to pollution of the waters.  
Efforts have been made to increase production in other centres in order  
to compensate at least for the losses of the quantities available.
Despite these efforts, it has been observed that Community production has  
remained insufficient to supply the demands of the Member States' fish  
processing industries:
This situation prompted the Council -on a proposal from the Commission  
to open from 1971 a duty-free Community tariff quota for certain fresh  
eels (live or dead), chilled or frozen, falling within subheading  
ex 03.01 A II of the Common Customs Tariff.
The situation of the eel market was reexamined at a meeting of the  
Working Party on Economic Tariff Problems held on 18 January 1983.
At that meeting it emerged that, following an intervention by the  
Guidance Section of EAGGF Italian production ought to increase
by some 3 000 tonnes, with this eventual  
prospect of an even greater increase, that efforts were being made in  
the United Kingdom to develop eel production on a relatively large  
scale ;  but that in any case Community production remained inadequate  
and that consequently it still seemed advisable to envisage an extension  
of the tuhiff measures'currently in force by opening an annual tariff  
quota for the period from 1  July 1983 to 30 Juni 1984 with a volume  
calculated so as not to prejudice the development of Community production.  
The volume of this tariff quota could be fixed at 5 000 tonnes, this  
corresponding broadly to the immediate requirements of the Member  
States for imports from third countries. Any subsequent requirements  
which might arise, notably if the development of production in the  
United Kingdom and Italy did not come up to expectations, could be  
covered by an increase in the quota volume following a reexamination  
of the situation.
As regards the subdivision of the above-mentioned volume of 5 000 tonnes,  
a first instalment of 4 500 tonnes is allocated among the Member States  
in proportion to requirements.  The balance of 500 tonnes will constitute  
the Community reserve.
This is the objective of the attached draft.

D R A F T
COUNCIL REGULATION (EEC)
opening, allocating and providing for the adm inistration of a C om m unity tariff  
quota tor certain eels falling w ithin subheading ex 03.01 A II of the C om m on  
C ustom s Tariff (1 July 19fS to 30 June 1984)
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES,
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 28 
thereof,
Having regard to the draft Regulation submitted by 
the Commission,Member States until the quota has been used u p ; 
whereas, in the light of these principles, the Commu­
nity nature of the quota can be respected by allocating 
the tariff quota among the Member States listed 
below; whereas statistics available for these products 
do not give a clear picture of the market situation for 
them ; whereas, therefore, it is not possible to allocate 
the quota among the Member States on the basis of 
import trends for the relevant products over the past 
few years ; whereas, however, according to the esti­
mates put forward by the Member States, initial shares 
may be fixed at the quantities set out in Article 2 ;
Whereas eel fishing has been prohibited or has 
become impossible in certain Community production 
centres ; whereas this has led to a drop in Community 
production of eels in general and particularly of fresh 
eels (live or dead), chilled or frozen, falling within 
subheading ex 03.01 A II of the Common Customs 
Tariff, intended for processing by curing or skinrfing 
enterprises or for use in the industrial manufacture of 
products failing within heading No 16.04 thereof; 
whereas this production is likely to be developed, 
particularly in two Member States, without, however, 
being able to satisfy all the requirements of the 
Community ; whereas the processing industries in the 
Community consequently depend to a large extent on 
imports for their supplies of eels ; whereas, from 1  July 
1983 to 30 June 198 4, the application of the
Common Customs Tariff duty should there­
fore be suspended totally on imports of the relevant 
products up to an appropriate quantitative limit ;  
whereas the introduction of a Community measure of 
this nature is unlikely to harm Community produc­
tion ;
Whereas current demand not met by Community 
production which must therefore be met by imports 
can be estimated at 5 000 tonnes for the period 1  July 
1983 to 30 June 1984; whereas a tariff quota for the 
relevant types of eel should therefore be opened for 
this period on the conditions set out above ; whereas 
the fixing of the quota volume at this level does not, 
however, prevent its readjustment during the quota 
period ;
Whereas it is in particular necessary to ensure to all 
importers in the Member States equal and uninter­
rupted access to the abovementioned quota and unin­
terrupted application of the rate laid down for that 
quota to all im port;  of the products concerned into allWhereas, in order to take into account import trends 
for the products concerned, the quota amount should 
be divided into two instalments, the first instalment 
being allocated, and the second forming a reserve 
intended subsequently to cover the requirements of 
the Member States which have used up their initial 
shares; whereas, in order to ensure a certain degree of 
security for importers, the first instalment of the 
Community tariff quota should be fixed at a level 
which, under present circumstances, may be 90 % of 
the quota am ount;
Whereas the initial shares may be used up at different 
rates ; whereas, in order to take this fact into account 
and to avoid any break in continuity, any Member 
State which has almost used up its total 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 enti­
rely used up, and repeated as many times as the 
reserve allows ; whereas the initial additional shares 
must be valid until the end of the quota period ; 
whereas this method of administration requires close 
cooperation between the Member States and the 
Commission, which must be able to keep account of 
the extent to which the quota amount has been used 
up and to inform the Member States accordingly ;
Whereas if, at a given date in the quota period, a 
considerable balance remains in one or other Member 
State it is essential, to prevent a part of the Commu­
nity tariff quota from remaining unused in one 
Member State while it could be used in others, that 
that Member State should return a significant propor­
tion thereof to the reserve ;

-  2 -
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, any measure concer­
ning the administration of the shares allocated to that 
economic union may be carried out by any one of its 
members,
HAS A D O PTED  TH IS R EG U LA TIO N  :
Article 1
1. During the period 1  July 198 3 to 30 June 1984· 
a Community tariff quota of 5 000 tonnes shall be 
opened for fresh eels (live or dead), chilled or frozen, 
falling within subheading ex 03.01 A II of the 
Common Customs Tariff, intended for processing by 
curing or skinning enterprises or for use in the indus­
trial manufacture of products falling within heading 
No 16.04 of the Common Customs Tariff.
Control of the use for this special purpose shall be 
carried out pursuant to the relevant Community provi­
sions.
2. Within the limits of this tariff quota, the 
Common Customs Tariff duty shall be totally 
suspended.
Within these limits, Greece shall apply customs duties 
calculated in accordance with the provisions laid down 
in the 1979 Act of Accession.
Article 2
1. A first instalment of 4 500 tonnes of this 
Community tariff quota shall be allocated among the 
Member States. Member States’  shares, which, subject 
to Article 5, shall be valid from 1  July 1983 t0 30 
June 1984, shall consist of the following amounts:
(tonnes)
Benelux 2 076
Denmark 675
Germany 1  545
Greece 2
France 44
Ireland 2
Italy 3
United Kingdom 153
2. The second instalment of 500 tonnes shall 
constitute the reserve.Article 3
1. If 90 % or more of a Member State’s initial share 
as fixed in Article 2(1), or of that share minus any 
portion returned to the reserve where Article 5 has 
been applied, has been used up, that Member State 
shall forthwith, by notifying the Commission, draw a 
second share, to the extent that the reserve so permits, 
equal to 10 % of its inita! share, rounded up as neces­
sary to the next whole number.
2. If, after its initial share has been exhausted, 90 % 
or more of the second share drawn by a Member State 
has been used up, that Member State shall forthwith, 
by notifying the Commission, draw a third share equal 
to 5 % of its initial share, rounded up as necessary to 
the next whole number, to the extent that the reserve 
so permits.
3. If, after its second share has been exhausted, 
90 % or more of the third share drawn by a Member 
State has been used up, that Member State shall, in the 
manner provided in paragraph 2, draw a fourth share 
equal to the third.
This procedure shall apply until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, 
Member States may draw lesser shares than those 
specified therein if there are grounds for believing that 
those specified may not be used in full. They shall 
inform the Commission of their reasons for applying 
this paragraph.
Article 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 30 June 1984.
Article  5
Member States shall return to the reserve, not later 
than 1  May 1 9 8 4 ,the unused portions of their initial 
shares which, on 15 April 1984 ,are in excess of 20 % 
of the initial amounts. They may return a greater 
portion if there are grounds for believing that such 
portion may not be used in full.
Member States shall notify the Commission, not later 
than 1  May 1984, of the total quantities of the 
products in question imported, up to and including 15 
April 1984 ,ai charged against the Community quota 
and of any poruon of their initial shares returned to 
the reserve.

- 3 -
Article 6
The Commission shall keep ar. account of the shares 
opened by the Member States pursuant to Articles 2 
and 3 and, as soon as it has been notified, shall inform 
each State of the extent to which the reserve has been 
used up.
It shall inform the Member States, not later than 5 
May 19% of the amount still in reserve after amounts 
have been returned thereto 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. Member States shall take all appropriate measures 
to ensure that additional shares drawn pursuant to 
Article 3 are opened in such a way that imports may 
be charged without interruption against their aggregate 
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 this basis of the 
imports charged against that share in accordance with 
paragraph 3.
Article 8
At the Commission’s request, Member States shall 
inform it of the imports actually charged against their 
shares.
Article 9
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  July 1985.
This Regulation shall be binding in its entirety and direedy applicable in all Member 
States.
Done a t
For the Council
The President