CELEX: 51978PC0106
Language: en
Date: 1978-03-15
Title: Draft for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff - (1 July 1978-30 June 1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 106
Vol. 1978/0036
 ---pagebreak--- Disclaimer
Conformément 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
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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 Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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 Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(78)106 final
                                               Brussels , 15 March 1978
                                Draft for a
                        REGULATION (EEC) OF THE COUNCIL
      on the opening , allocation and administration of a Community tariff
      quota for certain eels falling within subheading ex 03.01 A II of
      the Common Customs Tariff - (l July 1978-30 June 1979 )
                  ( submitted to the Council "by the Commission)
C0M(78) 106 final
 ---pagebreak---                         Explanatory K
  In rocont yoars , ool fishing ii> oort^iyi Cpmjnu.'jiity ftchin# aroas» was
  forbidden or made impossible owing to pollution of the waters .         Efforts
 wore made to increase production in other areas in order to compensate
 at loaGt for the losses of the quantities available . Despite . these
 efforts , it was observed that Community production was still insufficient
 to supply the demands of tho Member States' fish processing industries .
 This situation . prompted the Council - on a proposal from the Commission –
to open from 1971 & duty-free Community tariff quota for certain fresh
eels (dead or alive ), chilled or frozen, falling within subheading
ex 03.01 A II of the Common Customs Tariff#
          • •
Thereafter , tho situation on tho markets of the 6ector in question
did not appreciably improve#
The situation of the eel market was reexamined at two                  meetings
of the Working Party on Economic TaHff Problems held on
11 - 12- 13 January and 1 - 2- 3 February 1978 .
At those meetings it emerged that the supply situation had not undergone
any change and consequently it seemed advisable to envisage a prorogation
of the tariff measures actually in force by opening of an annual tariff
quota for the period from 1 July 1977 to 30 June 1978 .
 ---pagebreak---                                        - 2 -
      The volume of this tariff quota could be fixed at 6 100 metric tons
       largely corresponding     '                                        1
      to the stated requirements of the Member States for imports
      from third countries .      Any subsequent requirements could be
      covered by a decision to increase^ the quota volume following
      a reexamination of the situation .
    i
      As regards the subdivision of the above– ment i oned volume
      of 6 iQO metric tons , a first tranche of 4 900 metric tons
      is allocated among the . Member States in proportion to
      requirements .     The balance of 1 200 metric tons will
      constitute the Community reserve *
■ .                 «                                              . ■
      This is the objective of the attached         draft ' t- ' y
         /
 ---pagebreak---                                                        Draft
                                      COUNCIL REGULATION (EEC)
                or. the opening, allocation and administration of a Community tariff quota tor
                certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff
                                       (1 July 1978 - 30 June 1979 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      Whereas it is in particular necessary to ensure to all
                                                               importers in the Member States equal and
                                                               uninterrupted access to the abovementioned quota
 Having regard to the Treaty establishing the                  and uninterrupted application of the rate 'laid down
 European ^onomic Community, and jn particular                 for that quota to all imports of the products
 Article 28<hereof,                                            concerned into ail Member States until the quota
                                                               has been used up ; whereas, in the light of these
                                                               principles, the Community nature of the quota can
                                                               be respected by allocating the tariff quota among
                                                               the Member States listed below; whereas statistics
Having regard to the draft Regulation submitted by
the Commission,                                                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
 Whereas eel fishing has been prohibited or has                years; whereas, however, according to the estimates
 become impossible in certain Community production             put forward by the Member States, initial shares
centres; whereas this has led ro a drop, in Community          may be fixed at the quantities set out in Article 2; .
 production of eels in generail and particularly of .
 fresh eels (live or dead), chilled or frozen, failing
 within subheading^ex 03.01 A M of the Common
 Customs Tariff, intended for curing or skinning or
 for use in the industrial manufacture of products '           Whereas, in order to take into account import trends
 falling wirhir. heading No 16.04; whereas the                 for the products concerned, the quota amount
 processing industries in the Community consequently          should be divided       into two tranches, the first
 depend to a large extent on imports for their supplies ,     tranche being allocated, and ( he second forming a
 of eels; whereas from 1 July 19 78to 30 June                  reserve intended subsequently to cover the
 1379 the application of the autonomous Common                 requirements of the Member States which have used
Customs Tariff duty should therefore be suspended             up their initial shares; whereas, in order to ensure
totally on imports of the relevant products up to             a certain degree of security for importers, the first
an appropriate quantitative limit;            .    <          tranche of the Community tariff quota should be
                                                              fixed at a level which, under present circumstances,
                                                              may be approximately 80% of the quota amount ;
                   whereas "Trie    introduction  or  a
Community measure of this nature is unlikely to
harm Community production :
                                                              Whereas the initial shares may be used up at different
Whereas current demand not met by Community                   rates ; whereas, in order to take this fact into account
production, ^vhich must therefore be met by imports,          and to avoid any break in continuity, any Member
can be estimated at 6 1.00 tonnes                             State which has almost used up its total initial share
for t~FTe period                     . 1 July 1978            should draw an additional share from the reserve ;
to 30 June 1979 ; whereas a                                  whereas this must be done by each Member State as
   tariff quota for the relevant                              and when each of its additional r. hares is almost
   types of eel should therefore                              entirely used up, and repeated as many times as the
                                                             reserve allows ; whereas the initial additional shares
   be opened for this period under                            must be valid until the end of the quota period ;
   the conditions set out above ;                            whereas this method of administration requires close
   whereas the fixing of the quota                           cooperation      between    Member     States   and   the
                at this level does not ,
   however , prevent its readjust­
   ment during the quota period ;
                                                                                                         • •/• •
 ---pagebreak---                                                                   2
         Commtoalfta, which'          tw *t>l« to keep twcaunt                                            ( tonnes )
         of the extent to which the quota amouivt has . been              Bénélux                           1 600
         used up - and to inform the . Member States                      Dcnmark                               996
         accordingly;
                                                                          Germany                           2   020
                                                                          France                              ,  56
        Whereas, if at a given dare in the quota period a                 Ireland                                    4
        considerable balance remains in one or other Member                                                      24
                                                                          Italy
        State, it is essential, to prevent a part of the
        Community tariff quota from remaining unused In                   United Kingdom                        200
        one Member State while it could be used in others,                                       1  200
        that that Member State should return a significant
                                                                 2. The second tranche of /                tonnes shall
     ■ proportion thereof to the reserve!                 ^      constitute the reserve.
       Whereas, since the Kingdom of Belgium, the Kingdom                                 Article 3
       of the Netherlands and the Grand Duchy of
       Luxembourg are united . within and jointly
       represented by the Benelux Economic Union, any             1 . If 90% ^or more of a Member State's initial share
        measure concerning the administration of the shares      as fixed in Article 2 (1 ), or of that share minus any
        allocated to that economic union may be carried out      portion returned to rhe reserve where Article 5 has
       by any one of its members,                                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 15% of its initial share, founded
                                                                  up as necessary to the next whole number.
       HAS ADOPTED THIS REGULATION:
                                                                 2. If, after its initial share has been exhausted, 90%
                               Article 1                          or more of the second share drawn by a Member
                                           1978
                                                                 State has been used up, that Member State shall
                                                                 forthwith, by notifying the Commission, draw a
       1. During the period 1 J u I y / to 30 June 1979, . a     third share equal to 7-J%* of its initial sbhre, rounded
       Community tariff quota of6 I00t tonnes shall              up as necessary to the next whole number, to the
       be opened for fresh eels (live or dead) chilled or        extent that the reserve so permits.
       frozen, falling within subheading ex 03.01 A II of
       the Common Customs Tariff, intended for curing
       or skinning or for use in the industrial manufacture      3. If, after its second share has been exhausted, 90%
       of products falling within heading No 16.04 .             or more -oi the third share drawn by a Member
       Control of the use for this special                       State has been used up, that Member State shall, in
       purpose shall be effected pursuant                        the manner provided in paragraph 2, draw a fourth
       to the relevant Community provisions .                    share equal to the third.
                 ^                                             .
      2. Within the limits of this tariff quota, the Common
       Customs Tariff duty shall be totally suspended.           This procedure shall apply until the reserve is used
                                                                 up.                                               ,
                                                                 4. By way of derogation from paragraphs 1 , 1 a.-.u
                                                                 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. Th^y
                                                                 shall inform the Commission of their reasons for
i                              Article 2                   - -   applying this paragraph.
<                                4 900 :
      1. A first tranche of '               tonnes y of this
                                                                                          Article 4
      Community tari.v quota shall be allocated among
      the Member States. Memiber States' shares, which,
      subject to Article 5 , shall 'be valid from 1 July 1 97p Additional shares drawn pursuant to Article 3 shall
  to 30 June 1979 shall consist of the following amounts: '      be valid until 30 June 1979..
 ---pagebreak---                             Artide 5                               Article 3 are opened in such a way that imports may
                                                                   be charged without interruption against their
    Member States shall return to the reserve, not later           aggregate shares of the Community quota.
    than 1 May 197 9/ tiis unused portions of their
    initial shares which, on 15 April 1979, arc in excess          2. Member States shall ensure that importers of the
    of 20% of the initial amounts. They may return                 products in question established in their territory
   a greater portion if there are grounds for believing            have free access to the shares allocated to them.
   that such portion may not be used in full.                                                        \
                                                                  3. Member States shall charge imports of the
   Member States shall notify the Commission, not                 products in question against their shares as and when
   later than 1 May 1979, of the total quantities of              the products are entered with the customs
   the products in question imported up to and                     authorities for home use.
   including 15 April 1979 ,and charged against the
   Community quota and of any portion of thoir 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
                                                                  imposts charged against that share in accordance
                            Article 6                             with paragraph 3.
   The Commission shall keep an account of the shares
   opened by the Member States pursuant to Articles                                        Article 8
   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.                           \                  At the Commission's request, Member States shall
                                                                  inform it of the imports actually charged against
                                                                  their shares.
   It shall inform the Member States, not later than
   5 May 1979, of the amount srill in reserve after
   amounts have been returned thereto pursuant to
   Article 5.                                                                              Article 9
«,                                                   ,
   It shall ensure that the drawing which exhausts the             Member States and the Commission shall cooperate
   reserve docs not exceed the balance available, and             closely to ensure that this Regulation is complied
   to this end shall notify the amount of that balance            with.
   to the Member State making the last drawing.
                           Article 7                                                      Article 10
   1 . Member States shall take all appropriate measures          This Regulation shall enter into force on 1 July
   to ensure that additional shares drawn pursuant to             1978 .
                  1 his Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at      Brussels /
                                                                               For the Council
                                                                                The Président
 ---pagebreak---                                                                                  Annexe au Doc . CUD/ 135 / 78-pR
        FICHE           FINANCTE-RE
                                                                                 Date      7.2 . 1 978
1 . Ligne budgétaire concerne ; Chapitre 12, Article 120 ■ ,
2 . Intitulé de l' action : Projet, _ de règlement ( CEE )- du Conseil portant
    ouverture , répartition et mode de gestion d' un contingent tarifaire
    communautaire pour certaines anguilles' de la sous-position ex 03.01 A II -
    du tarif douanier commun ( 1er juillet 1978-30' juin 1979 )                                             V"
3 . Base juridique s Art . 28 du Traité-CEE
A. Objectifs de l' action : Suspension des droits, du TDC pour les
      produits indiqués sous 2
5.0     Cout de l action
                                                                                              1978/ 1979
                                                            -• ». f
                                                                    ; Importations extra CEE 1976 :
              • . . > ' .. - tA > .. .►
                                                 / •                  19.799^000 UCE ;            - , 7.548 tonnes
                                                                      valeur d' une tonne .        19.799.000 - .
                                                                                                                =2.623,079
                                                                                                      7.548 , •        uce
 Valeur de 6.100:tonnes : 16.000.781,9 UCE
  Droit TDC : 5 % '                     , ' \v   V-.''/;", V s'             : ''V • Wv ' .
  Perte de recettes : 16.000.781,9 « 5 . 800. 03,. o95 UCE
                                                                                              y..
                                                                                                       •V .
 arrondi ,  > 800.000 UCE ;                    ■ ,• :      ;••