CELEX: 51981PC0801
Language: en
Date: 1981-12-14
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for herrings falling within subheading 03.01 B I a) 2 of the Common Customs Tariff (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 801
Vol. 1981/0224
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 ---pagebreak--- COMMISSION              OF         THE        EUROPEAN          COMMUNITIES
                                                                 COM(81)801 final
                                                                  Brussels , December 1981
                                             Proposal for a
                                          COUNCIL REGULATION ( EEC )
                 opening , allocating and providing for the admini­
                 stration of a Community tariff quota for herrings
                 falling within subheading 03.01 B I a ) 2 of the
                                   Common Customs Tariff ( 1982 )
                   ( submitted to the Council by the Commission )
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  COK (8l ) 801 final L" "
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 ---pagebreak---                                                             C-c^i ioA
                                   EXPLANATORY MEMORANDUM
  . In the context of the GATT multilateral negotiations , the Community
     has undertaken to open annually a duty-free Community tariff quota
     for 34,000 tonnes of herrings , whole , headless or in pieces imported
     from 16 June to 14 February in a fresh , chilled or frozen state .
     Until now , this undertaking has been met by the inclusion in Regulation
      ( EEC ) n . 100 / 76 , dealing with the common organisation of markets in the
      fishing sector ( 1 ), of a provision for the total suspension of customs
      duty for these products . However , the renewal of this measure of suspen­
      sion is no longer envisaged in the new regulation relevant to this sub­
      ject which will come into effect in the first half of 1982 .
      Consequently , in order to respect its commitments , the Community must
      open the Community tariff quota in question if the aforesaid regulation
      comes into effect before 16 June 1982 .
2 . On the basis of developments in the situation in recent years , there
       can be no doubt that the Comn.jnity tariff quota for the perdod under
       consideration w 11 have to be larger that the afore-mentioned 34,000
       tonnes to cover foreseeable import needs from third countries . Conse­
       quently it is advisable to envisage an autonomous supplementary quota
       fixed at a level which will not upset the balance of the market while at
       the same time assuring a parallel development of the market for Community
       production and of supplies for the consumer-industries on satisfactory
       terms .
       On the basis of the information available to it , the Commission proposes
       to fix the volume of the autonomous supplementary quota at               tonnes
       and to fix the global quota amount at                  tonnes .
 3 . The Commission's proposals for these . "products are mainly based on those
   "• usually put forward in' the ^ -field of tariff quotas . insofar as •
       – the quota volumes' are divided into two parts , the first consisting
 ■        oi a fairly large' quantity/ allocated; among , the Member " States , and .
          the second being 'a reserve intended to cover ;any supplementary needs;
       - the allocation of initial shares to. the Member; States .is based on
            their past imports from third countries over the last 3 years and
          on the prospects for the quota year concerned . , /. .
 4. The proposed Regulation envisages the ". greyhound system" as the only me­
       thod of administration to be applied by Member States .
 ( 1 ) 0J n0 L 20 of 28.1.1976, p. 1 .
 ---pagebreak---                                                Proposal for a
                                   COUNCIL REGULATION ( EEC) No
                                                   ct
             - opening, allocating and providing for the- administration of e. Community tariff
               quota for herrings falling within subheading 03.01 B" 'I a ) 2
                               of the Common Customs. Tariff ( 19*?)            ■ -
                                                    »
THE COUNCIL OF THE EUROPEAN -                 <_
COMMUNITIES.           •
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113 and 28
thereof, .                                       -
Having regard to the proposal from the Commission,
                         C
Whereas the Community has undertaken to open an
annual     Huty-f r *»« Co"»™u*">ity tariff ouota for 34,000 tonnes of herrings ,
whole ,    headless or in pieces , falling within subheading 03.01 B I a ) 2
of the     Common Customs Tariff imported from 16 June to 14 February in a
fresh ,    chilled or frozen state ;
Whereas , in view of present Community production capacity , the con­
tractual quota volume of 34 000 tonnes is insufficient to meet antici­
pated import requirements ; whereas provision should therefore be made
for an autonomous supplementary quota which , in order not to jeopardize
the stability of the market and so as to ensure parallel development of the
market for Community production and of supplies for the consumer indu­
stries on satisfactory terms , should be fixed at a level so that the
total quota does not exceed its anticipated minimum utilization , namely
                    tonnes ; whereas the fixing of a figure of                           tonnes
for the autonomous supplementary quota does not rule out a readjustment
during the quota period ; whereas the tariff quota concerned should be
opened for the period from 16 June 1982 to 14 February 1983 and alloca­
ted between the Member States :
 V7hereas under Article 64 of "the Act of Accession or
  1979, Greece is required to apply in full the Common
 Customs Tariff duty in respect of the product in ques­
 tion as from 1 January 1921 ; whereas, therefore,
                  it is necessary to cover, in favour of the
 tariff quotas in question, the requirements of that
 Member State during the quota period ;
 Whereas equd and continuous access to ths quota
  should be ensured for ail Community importers and
  the rate of levy for the tariff quota should be applied
  consistently to ail imports until the quota is used rp ;
  whereas, in the light of the principles outlined above,
  a Community tariff arrangement based' on an alloca­
  tion between     the Member States would seem            to
  preserve the Community nature of the quota ;
 ---pagebreak---                                          - 2 -
           whereas, to represent as closely as possible the actual
           development of the market in the said goods, the alio-'
           eatidtt nhould follow proportionately the ftsquirements .
        : of the Member States calculated both from statistics ol '
           imports from third countries during a representative
            reference period and according to the economic
            outlook for the quota period in question ;
                                                periods
            Whereas, during the last three , / for which
            complete • statistics are available, the
             imports of each            Member State- represent
          . the following percentages       i n relation t 0
            total imports of the products in question :
                                         1978          1979   '1980         "
               Benelux                  13 . 04       5.60       5.83 :
               Denmark                  45.80.'       52.76    55.89 I,
              Germany                   32.15       ; 30 . 09 29.27
         ' Greece                                r »eg Ligi ble
               France                     5.39          5.36    •3.59         ■
               Ireland           ' '      0             0     . o .       'f.
             ■ Italy                  '   0.03          0.04     0          --
               United Kingdom        '    3.59     I '6.15      5 - 42
Whereas , in view of the above and of the foreseeable
trend of the market for these products in the quota
period the initial quota may be allocated approximately
in the following percentages :
               ; r Benelux                                  8.09
                    Denmark "                              51.54 ;■
                    Germany          :                     30.44
                ■ • Greece                                  0.09 \ i
                    Fxance ;                           •    4.75
               - ' Ireland                                , 0.01       '
               v> Italy                                   • 0.02
                  _ United Kingdom                          5.06 ; ' i.
       whereas, to take account of the possible import
       trends for this / the" quota volume should be j                          / product ,
      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 90 % of '
      the amount of the quota ;                                          "]
 ---pagebreak---                                                                - 3 -
     Whereas Initial shares may be used up at different                                                      ( tonn<M )
      rates ; whereas to avoid disruption of supplies on this
     account it should be provided that any Member State                       Bénélux
     which has almost used up its initial share should draw                    Denmark
     an additional share from the reserve ; whereas each                       Germany
     time its additional share is almost used up a Member                      Greece -        ■
     State should draw a further share and. so on as many                        France
     times as the reserve allows ; whereas the initial and
     additional shares should be valid until the end of the                      Ireland
    quota period ; whereas this form of administration                           Ita ly
     requires close collaboration between the Member                            United Kingdom
    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                    3 . The second instalment of
    the Member States accordingly ; •                                              tonnes shall constitute
                                                                        the        reserve .
    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 ;     .                                                    Article 3
    Whereas, since the Kingdom of Belgium, the                          1.        If a Member State has used 90 % or more of its
     Kingdom of the Netherlands and the Grand Duchy of                  initial share as fixed in Article 2 (2), or of that share
     Luxembourg are united within and jointly represented               minus any portion returned to the reserve pursuant to
    by the Benelux Economic Union, any measure
    concerning the administration of the shares allocated             • Article 5, it shall forthwith, by notifying the Commis­
                                                                        sion, draw a second share, to the extent that the
     to that economic union may be carried out by any
    one of its members,                                                 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
     HAS ADOPTED THIS REGULATION : .                                    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.
                              Article 1
         1 . For the period from 16 June 1982                           3.       If a Member State,- after 'exhausting its second
         to 1 *+ February 1983                     ; a Commu­           share, has used 90 % or more of the third share drawn
     nity tariff quota of            tonnes shall be opened          - by it, that Member State shall, in the manner and to
     within the Community for          herrings                         the extent provided in paragraph 1f draw a fourth
               falling within subheading - 03.01 B I a ) 2              share equal to the third.
of   the Common Customs Tariff.                              . ••                                  t                              .
                                                                        This process shall apply until the reserve is used up.
                                                                         •                   .       * *
     2.' The Common- Customs Tariff duty shall be                        . , • •          ! ' f
   totally SUSOended                   within this tariff quota.        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
                              Article 2                                 believing that those specified/may not be used in full.
                                                                        Any Member State applying' this paragraph shall
      1.    The Community tariff quota referred to in                   inform the Commission of'.'its grounds for so doing.
                                                                                                     • ^   *
     Article 1 shall be divided into two instalments.
     2.     A first instalment of        tonnes shall be allo­           ., ,              ,      Article "4
     cated among tha         Member States ; the shares, which
     subject to Article 5 shall be valid from 1 6 j ur)e 1 9g ?       • Additional shares drawn pursuant to Article 3 shall be
 to 14 Pe&î uary ^sha11 be as follows :                                 valid until 14 February 1933 .
                       1983 ,
 ---pagebreak---                                                              • L -
                            Article 5                               pursuant to Article 5 are opened in such a way that
                                             Oacimbtr                Importation* may be eherged wlifyeut interruption
    MemUer States shall, not later than 1           /     1982       against their accumulated shares of the Community
    return to (he reserve the unused portion of their initial        quota.
    share which, on 15           v       1982 is in excess of
    20 % of the initial volume. November                             2.       Thfe Member States shall ensure that importers
   They may return a greater portion if there are grounds .          of the product in question established in their terri­
    for believing that it may not be used in full.                   tory have free access to the shares allocated to them.
                                            December
    Member States shall, not later than 1         /   . 1982         3. The Member States shall charge imports of the
    notify the Commission of the total quantities of the             product in question against their shares as and when
    product in question imported up to and including 15              the product is entered with the customs authorities for
November       1982 and charged against the Community •              free circulation ..
   quota and of any portion of their initial shares
    returned to the reserve.                                         4.       The extent to which a Member State has used up
                                                                   ' its share shall be determined on the basis of the
                            Article 6                                imports charged in accordance with paragraph 3. '
   The Commission shall keep an account of the shares
                                                                                               Article 8 .
    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             At the request of the Commission, the Member States
    has been used up.                                                shall inform it of imports actually charged against
                                December                              their shares.
    It shall, not later than 5        / • 1982 inform the
    Member States of the amount still in reserve,,
    following any return of shares pursuant to Article 5. .                                   Article   9
    It shall ensure that the drawing which exhausts the               The Member States and the Commission shall coop­
   reserve does not exceed the balance available, and to              erate closely to ensure that this Regulation is
   this end shall notify the amount of that balance to the            complied with. .
   Member State making the last drawing.
                    S
                            Article 7* '
                                                                        I  ~
                                                                                              Article l'fp
                                                         I                r «
    1.    The Member States shall take all - appropriate             This Regulation shall enter into force on 16 June ,
    measures   to ensure    that additional     shares drawn          1982 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                                    For the Council
                                                                                     The President
 ---pagebreak--- r«T / M' f :  r i " p  t •> J                                     Date :
1 . J.ijrjK; budgétaire concernée : Chap . 12 art . 120
                     i
              :      i               •
                    i
2 . Base juridique : Art . 113 ci. 2.8 ■
3 . Intitulé de la mesure tarifaire :
           Proposition do règlement du Conseil portant ouverture , répartition
           et mode de gestion d' un . contingent tarifaire' communautaire contractuel
          pour des harengs de la sous-position 03 . 01 B I a 2 du T.D.C.
4 . Objectif :
          Respecter les engagements contractés par la Communauté au GATT
            et assurer un approvisionnement satisfaisant des industries
            communautaires .   ;
5 . Mode de calcul :
       - N * dL T.D.C.                          03.01 B I a 2
       - Volu -. i; Uu /&6£/ contingent (Jsf)/           t
       - Droits à appliquer                     0 %
       - Droits du T.D.C.                       15 X
                    I
                    i
                    ι
                    I
 6 . P'.-.rtc rio rocottes :
         Valeur d' une tonne : 590 écus
         Valeur totale           :  " "        ecus
         Perte de recettes ( 15 Y. ) =               3 CUS
         Par rapport à la même période précédente ( 16 juin 1981 au
         14 février 1982 = importations à droit nul sans limites
         quantitatives ), diminution des pertes de                écus .
                                                                               \