CELEX: 51988PC0433
Language: en
Date: 1988-09-14
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for silver hake (Merluccius bilinearis)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for frozen cod (Gadus morhua) fillets#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 433
Vol. 1988/0160
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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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, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(88 ) 433 final
                                           Brussels , 14 September 1988
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
           tariff quota for silver hake ( Merluccius bilinearis )
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
            tariff quota for frozen cod ( Gadus morhua ) fillets
                                          A       t              \
                                 _t                -               v
                                         t V
                       (presented by the Commission ) va*"'
                                                       y"      ? V-V ,
 ---pagebreak---                               EXPLANATORT MEMORANDUM
1 . In tne context of d-YiT multilateral neguniat, ions t_ne Cci.Mu..iLv  3
     'undertaken to open annually Comrvnnity tariff quotas as foi^o^s -
     v i ) suoneauinq ex 03.01 Bit ) of tne Comion Custaas Tarin Oo
     codes ex 0302 69 65 , ex 0303 78 10 , ex 0304 10 99 ana ex 0304 90 4 "
     of tne Combined Nomenclature : silver hake ( Merluccius bilmearis ) ,
     2 900 t at 3 % ;
     ( li ) subheading ex 03.01 3 II b ) 1 of the Couv.on Customs Tariff or
     code ex 0304 20 29 of the Combined Nomenclature : frozen cod fillets
     ( Gudus morhua ), 10 000 t at 8 % .
2 . Tne purpose of tnis proposal is to canpj y Antn tne oulmatims
    contracted by the Community by opening these tariff quotas for t;ie
     period 1 January to 31 December 1989 .
3 . Tne Comnission 's proijosuls for tnese products are based mainly on
     tnose usually put forward in the field of tariff quotas in so tar
    <d3 l
(i)     tlie quota volumes are divided into tw parts , tne first consisting
        of a fairly large quantity allocated among the Manner States anc
        tne second being a reserve intended to cover any supplenentary
        needs ;
( ii ) tne allocation of initial shares to tne Memoer States is eased on
        their past imports from non-member countries over the last tnree
        years or , failing this , on the estimated needs of the Member
        States for the quota year concerned .
     The figures for total imports into the Community of the silver liake
     and frozen cod fillets frcm non-preferential non-member countries
     over the last three years are as follows :
 ---pagebreak--- Silver . lake  :
Ma noe r State              1985             1985                19 ?"
                      ( in tonnes )     ( in tonnes )         in tonnas )
Sene lux                        7               72                129
Dermark                        89               84                  62
Germany                       271
Spain                           0                0                    0
Greece                          0
France                          0                0
Ireland                         0                0                    0
Italy
Portugal                   4 535            6 355
United Kingdom                846           1 210               2 072
Frozen cod fillets  :
Marter State                  1935              1936                  1957
                        in  t        1       in t           ¿       ill t     2
3enelux                    78      0.85    147        1.81       836        2 . 29
Den narκ                 207       2.24    700        8.60     1 3C2        3.57
Germany                  508      16.35    343        4.22     4 417       12.10
Spain                       0      0         4        0.06       190        0.52
Greece                     71      0.77     67        0.82          1       0.01
France                1  214      13.16 1 305        16.04     4 868       13.33
Ireland                     0      0         0        0           92        0 . 25
Italy                    547       5.93    247        3.04       790        2 . 16
Portugal                    0      0         9        0 . 11       0        0
United Kingdom        5 599       60.70   5 312      65.30    24 012       65.77
                      9 224              8 135                36 503
It can oe seen fran the first table , concerning silver hake , that unport
figures - which are not separately recorded in the statistics - are
incomplete and that it is not possible to make calculations concerning
each Memoer State 's percentage of total Community imports .
Consequently sucn data may not be representative of import trends in eacn
Member State .
However , requirement estimates put forward by the Member States
indicatethe following percentage estimates of Member States' initial
shares :
 ---pagebreak---                         Silver hake         Cod fille
     he , íe i UX           5.65                 O.-l·· ,
    Denmark                15.55                 3.35
    Germany                30.33                23.90
    Greece                  0.09                 0.08
    Spam                    0.37                 0.08
    France                 14.72                23.90
    Ireland                 0.37                 0.08
    Italy                   0.65                 7.97
    Portugal               18.89                 0.32
    United Kingdom         12.87                39.34
'Die proposed Regulations provide for sliares to be drawn against quotas
and wnen necessary as the only method of administration to be applied by
tine Member States .
 ---pagebreak---                                                           Proposai for a
                                        COUNCIL REGULATION ( EEC ) No
                                                       of
                  opening, allocating and providing for the administration of a Community tariff quota for
                  silver hake Meriuccius bilinearis ’
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        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
                                                                   percentage estimates to be made of the needs of each o :
 Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 113                them as regards imports from third countries for the quota
 thereof ,                                                         period under consideration :
                                                                          Benelux                                    5.65
 Having regard to the proposal from the Commission ,                      Denmark                                   15.55
                                                                          Germany                                   30.83
                                                                          Greece                                     0.09
                                                                                                                     0 . 37
                                                                         Spain                                      14. 1 2
 Whereas the Community has undertaken to open an annual                  France
                                                                                                                     0.37
Community tariff quota at 8 % duty for 2 000 tonnes of                   Ireland
                                                                                                                     0.65
silver hake (Meriuccius bilinearis)-, whereas the tariff quota           Italy
concerned should be opened on 1 January 198 9 and                        Portugal                                   13.89
allocated among the Member States;                                        United Kingdom                            12 . 8 7
                                                                  Whereas to allow for import trends for these fish , the quota
                                                                  volume should be divided into two parts , the first being
                                                                  allocated among 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
                                                                  afford importers some degree of certainty , the first part of
                                                                  the tariff quota should be set at a high level , which in this
                                                                  case could be 54 % of the quota volume ;
                                                                  Whereas initial shares may be used up at different rates ;
                                                                  whereas , in order to avoid any break in the continuity of
                                                                  supplies on this account , it should be provided that any
                                                                  Member State which has almost used up its initial share
Whereas equal and continuous access to the quota should           should draw an additional share from the reserve ; whereas
be ensured for all Community importers and the rate laid          each time its additional share is almost used up a Member
down for the quota should be applied consistently to all          State should draw a further share and so on as many times
imports until the quota is used up ; whereas, in the light of     as the reserve allows ; whereas the initial and additional
these principles, allocation of the tariff quota among the        shares must be valid until the end of the quota period ;
Member States would seem to preserve the Community                whereas this form of administration requires close
nature of the quota ; whereas , in order to correspond as         cooperation     between   the  Member States        and    the
                                                                  Commission , and the latter must be able to monitor the
closely as possible to the actual development of the market ,
the allocation should reflect the requirements of the             extent to which the quota volume has been used up and
Member States based on statistics of imports from third           inform the Member States accordingly ;
countries during a representative reference period and the
economic outlook for the quota year in question ;
                                                                  Whereas if at a given date in the quota period a
                                                                  considerable quantity of a Member State’s initial share
Whereas , since the fish concerned are not separately             remains unused it is essential that the Member State
specified in the statistical nomenclatures of the Member          concerned should return a significant proportion thereof to
States , the available import figures provided by them            the reserve , in order to prevent pan of the Community
                            -·Λ
 ---pagebreak---   tariff quota from remaining unused in one Member State                          HAS ADOIM LL) I HIS REGULATION :
  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                                                        Article 1
  united within and jointly represented by the Benelux
  Economic Union , any measure concerning the                                      From 1 January to 31 December 1989, the customs duty
  administration of the quota shares allocated to that                             applicable to imports of the following products shall be
  economic union may be carried out by any one of its                              suspended at the level indicated and within the limits of a
  members ,                                                                        Community tariff quota as shpwn below :
       Order
                       Combined                                                                                         Quota        Rate o!
                      nomenclature                                    Description                                1     volume         dur \
        No
                         code                                                                                         ( tonnes ;       (". · ;
    09.0009        'ex 0302 h9 65         Silver hake ( Merlucctus bthnearis), fresh , chilled or frozen                2 000            8
                    ex 030 3 "'S 10
                    ex 0304 10 99
                    ex 0304 90 47
  Within the limits of this tariff quota , the Kingdom of Spain                    2 . If, after its initial share has been used up , a Member
  and the Portuguese Republic shall apply customs duties                           State has used 90 % or more of the second share as well ,
  calculated in accordance with the relevant provisions laid                       that Member State shall forthwith , using the procedure
  down by the 1985 Act of Accession .                                              provided for in paragraph 1 , draw a third share equal to
                                                                                   5 % of its initial share , rounded up where necessary to the
                                                                                   next whole number .
                                   Article 2
                                                                                   3 . If after its second share has been used up , a Member
   1 . The Community tariff quota referred to in Article 1                         State has used 90 % or more of its third share , it shall ,
  shall be divided into two parts .                                                using the procedure provided for in paragraph 1 , draw a
                                                                                   fourth share equal to the third .
   2 . The first part , amounting to1 080 tonnes , shall be
   allocated among the Member States; the quota shares shall ,                     This process shall apply until the reserve is used up .
   subject to Article 5 , be valid from 1 January to
   31 December 1989 and shall be as follows :                                      4 . By way of derogation from paragraphs 1 , 2 and 3 ,
                                                                                   Member States may draw shares lower than those
                                                           (tonnes )               specified in those paragraphs if there are grounds for
                                                                                   believing that they may not lye used in full . Member States
             Benelux
            Denmark
                                                            1&                     shall inform the Commission of their reasons for applying
                                                            333                    this paragraph .
            Germany                                            1
            Grcece
                                                               4
             Spain                                          159
             France
                                                               4
             lreland                                                                                           Article 4
                                                               7
             ltaly
                                                            204
             Portugal                                                              Additional shares drawn pursuant to Article 3 shall be valid
             United Kingdom                                 139
                                                                                   until 31 December 1989 .
    3 . The second part of the                  quota , amounting to
920       tonnes, shall constitute the r        ervc .
                                                                                                               Article 5
                                   Article 3
                                                                                    Member States shall , not later than 1 October 198 9 return
    1 . If a Member State has used 90 % or more of its initial                      to the reserve the unused portion of their initial share
    share as specified in Article 2 ( 2 ), or of that share less any                which , on 15 September 1989, is in excess of 20 % of the
    portion returned to the reserve pursuant to Article 5 , it                      initial volume . They may return a greater portion if there
    shall forthwith , by notifying the Commission and to the                        are grounds for believing that it may not be used in full .
    extent that the reserve so permits, draw a second share
    equal to 10 % of its initial share, rounded up where                            Member States shall , not later than 1 October 1989, notify
     necessary to the next ^bult-c^lmber.                                           the Commission of the total quantities of the product in
 ---pagebreak--- question imported up to and including 15 September 1989,           2 . The Mcinrer States shall ensure that importers of the
and charged against the Community quota and of any                 product in question have free access to the shares allocated
portion of their initial shares returned to the reserve.           to them .
                                                                   3 . The Member States shall charge imports of the product
                             Article 6
                                                                   in question against their shares as and when the product is
                                                                   entered with the customs authorities for free circulation .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3           4 . The extent to which a Member State has used up it'
and shall , as soon as the information reaches it . inform          share shall be determined on the basis of the import'
each State of the extent to which the reserve has been used
                                                                   charged in accordance with paragraph 3 .
up .
It shall , not later than 5 October 198 9. inform the Member                                 A rtu le S
States of the amount still in reserve , following any return of
shares pursuant to Article 5 .                                     At the request of the Commission , the Member States shall
                                                                   inform it of imports actually charged against their quota
It shall ensure that the drawing which exhausts the reserve        shares .
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 9
                             Article 7                             The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with .
1 . The Member States shall take all appropriate measures
to ensure that additional drawings of shares pursuant to
Article 3 are carried out in such a way that imports may be                                 Article 10
charged without interruption against their accumulated
shares of the Community quota .                                    This Regulation shall enter into force on 1 Janaury 19h’9
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels ,
                                                                                        For the Council
                                                                                         The President
 ---pagebreak---                                                  Proposai for a
                                         COUNCIL REGULATION ( EEC ) No
                                                       of
                   opening , allocating and providing for the administration of a Community tariff quota for
                   frozen cod ( Gadus morhua) fillets .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                              1
                                                                               Men:l»er Suits                               r*s,s 1987
                                                                    Benelux                                     0,85         1,81  2 / 29
                                                                    Denmark                                     2,24        8,6U   3,57
Having regard to the Treaty establishing the European              Germany                           1        16,35         4.22  12'10
Economic Community , and in particular Article 113                 Greece                            ¡          0 ,"        U.S2   0,52
thereof,                                                           Spain                             !          0           0.06   0,01
                                                                    France                           !        1 3.16       16.04  13,33
                                                                    Ireland                                     0           o      0,25
                                                                    Italy                                       5,93        3,04   2,16
Having regard to the proposal from the Commission ,                 Portugal                                    «'          0,11   0
                                                                    United kingdom                                        6 5.30
                                                                                                                                  65,77
Whereas the Community has undertaken to open an annual
Community tarift quota at 8 % duty for 10 000 tonnes of
frozen fillets of cod of the Gadus morhua species; whereas         Whereas , in view of these factors and of market forecasts
the tariff quota concerned should be opened on 1 January           for this product for 1989, the initial percentage shares of
1989 and allocated among the Member States;                        the quota volume can be expressed approximately as
                                                                   follows :
                                                                            Benelux                                   0.48
                                                                            Denmark                                   3.3 5
                                                                            Germany                                  2.3,90
                                                                            Greece                                    0,08
                                                                            Spain                                     0,08
                                                                            France                                   23,90
                                                                            Ireland                                   0,08
                                                                            Italy                                     7,97
                                                                            Portugal                                . 0,32
                                                                            United Kingdom                           39,84
                                                                                                    I
                                                                   Whereas, to allow for import trends for the products
                                                                   concerned , the quota volume should be divided into two
                                                                   pans, the first being allocated among the Member States
                                                                   and the second held as a reserve to cover any subsequent
Whereas equal and continuous access to the quota should            requirements of Member States which have used up their
be ensured for all Community importers and the rate laid           initial share ; whereas , to give importers some degree
down for the quota should be applied consistently to all           of certainty , the first part of the Community quota should
imports until the quota is used up; whereas, in the light of       be set at a high level , which in this case could be
these principles, allocation of the tariff quota among the         approximately 54 % of the quota volume ;
Member States would seem to preserve the Community
nature of the quota; whereas, in order to correspond as
closely as possible to the actual development of the market ,
                                                                   Whereas initial shares may be used up at different rates;
the allocation should reflect the requirements of the
                                                                   whereas , in order to avoid any break in the continuity of
Member States based on statistics of imports from third
countries during a representative reference period and the         supplies on this account, it should be provided that any
                                                                   Member State which has almost used up its initial share
economic outlook for the quota year in question ;                  should draw an additional share from the reserve ; whereas ,
                                                                   each time its additional share is almost used up , a Member
                                                                   State should draw a funher share and $0 on as many times
Whereas, during the last three years for which complete            as the reserve allows ; whereas the initial and additional
statistics are available , the corresponding imports into each     shares must be valid until the end of the quota period ;
of the Member States represented the following percentages         whereas this method of administation calls for close
of total imports ot the product: in question:                      cooperation between Member States and the Commission
 ---pagebreak---  and the latter must be aole to monitor the extern to which                Economic       Union ,    all   transactions concerning tin
 the quota volume has been used up and inform Member                       administration of the quota shares allocated to that
 States accordingly ;                                                      economic union may be carried out by any one of its
                                                                           members .
 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 the Member State
                                                                           HAS ADOPTED THIS REGULATION :
concerned return a significant proportion thereof to the
reserve , in order to prevent part of the Community quota
remaining unused in one Member State when it could be
used in others ;                                                                                         Article 1
                                                                           From 1 January to 31 December 198 9, the customs dut \
Whereas , since the Kingdom of Belgium , the Kingdom of                    applicable to imports of the following products shall be
the Netherlands and the Grand Duchy of Luxembourg are                      suspended at the level indicated and within the limits ol a
united within and jointly represented by the Benelux                       Community tariff quota as shown below :
                  Combined                                                                                        Quota       Rate of
   Order j      nomenclature                                   Description                                       volume        du:v
     No j           code                                                                                        » tonnes ^
  09.0011 1    ex 0304 20 29       Frozen cod fillets { Gjdus morhua)                                            10000           8
            1
Within the limits of this tariff quota , the Kingdom of Spain              shall forthwith , by notifying the Commission and to the
and the Portuguese Republic shall apply customs duties                     extent that the reserve so permits , draw a second share ,
calculated in accordance with the relevant provisions laid                 equal to 10 % of its initial share , where necessary rounded
down by the 1985 Act of Accession .                                        up to the next whole number .
                                                                           2 . If, after its initial share has been used up , a Member
                            Article 2                                      State has used 90 % or more of the second share as well ,
                                                                           that Member State shall forthwith , using the procedure
1 . The Community tariff quota referred to in Article 1                    provided for in paragraph 1 , draw a third share , equal to
shall be divided into two parts .                                          5 % of its initial share rounded up , should the occasion
                                                                           arise , to the nearest unit above .
2 . The first part , amounting to 5 400 tonnes , shall be
allocated among the Member States; the quota shares                        3 . If, ater its second share has been used up , a Member
shall , subject to Article 5 , be valid from 1 January to                  State has used 90 % or more of its third share , it shall ,
31 December 1989 and shall be as follows :                                 using the procedure provided for in paragraph 1 , draw a
                                                                           fourth share equal to the third
                                                    ( tonnes)
        Benelux                                         26                 This process shall continue until the reserve is used up .
        Denmark                                       131
        Germany                                 1 291
        Greece
                                                         4                 4 . By way of derogation from paragraphs 1 , 2 and 3 ,
                                                         4                 Member States may draw shares lower than those specified
        Spain
        France                                  1 291                      in those paragraphs if there are grounds for believing that
        lreiand
                                                         4                 they may not be used in full . Member States shall inform
                                                      430                  the Commission of their reasons for applying this
        Italy
        Portugal                                        17                 paragraph .
        United Kingdom                          2 152
                                                                                                         Article 4
3 . The second part of the quota , amounting to 4 ^QQ
tonnes shall constitute the reserve .
                                                                           Additional shares drawn pursuant to Article 3 shall be valid
                                                                           until 31 December 1989 .
                            Article 3
                                                                                                         Article S
1.   If a Member State has used 90 % or more of its initial
share as specified in Article 2 ( 2 ), or of that share less any           Member States shall , not later than 1 October 1989teturn
portion returned to .Uv^es^bve pursuant to Article 5, it                   to the reserve the unused^ portion of their initial share
 ---pagebreak---  which , on 15 September 1989, is in excess ol 20 of the            Article 3 are carried out in such a way that imports m.u In-
 initial volume . They may return a greater portion if there        charged without interruption against their accumulated
 are grounds for believing that it may not be used in full .        shares of the Community quota .
 Member States sh.i !!. not later than 1 October 198 9, notify      1. Member States shall ensure that importers ot the
the Commission of the total quantities of the product in            products in question have free access to the shares allocated
question imported up to and including 15 September 1989,            to them .
and charged against the Community quotas and of any
portion of their inital shares returned to the reserve.             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 the circulation .
                             Article 6
                                                                    4 . The extend to which a Member State has used up its
The Commission shall keep an account of the shares                  share shall be determined on the basis of the imports
opened by the Member States pursuant to Articles 2 and 3           charged in accordance with paragraph 3 .
and shall , as soon as the information reaches it , inform
each State of the extent to which the reserve has been used
up .                                                                                          Article 8
It shall , not later than 5 October 1989 , inform the Member        At the request of the Commission , the Member States shall
State of the amount still in reserve following any return of       inform it of imports actually charged against their quota
shares pursuant to Article 5 .                                     shares .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall                                 Article 9
notify the amount of that balance to the Member State
making the last drawing.                                            The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with .
                             Article 7
                                                                                             Article 10
1 . Member States shall take all appropriate measures to
ensure that additional drawings of shares pursuant to              This Regulation shall enter into force on 1 January 1989-
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels ,
                                                                                         For the Council
                                                                                                     I
                                                                                          The President
 ---pagebreak--- FICHE FINANCIERE
1.   Ligne budgétaire concernée : Chap . 12 art . 120
2.   Base juridique : art . 113 du traité
3.   Intitulé de la mesure tarifaire : Propositions de règlements du
     Conseil portant ouverture , répartition et mode de gestion de
     contingents tarifaires caimunautaires contractuels pour certains
     poissons et filets de poissons congelés ( 1989 )
4.   Qp jectif : Respecter les engagements contractés par la Ooitmunauté au
     GATT
5.   Mode de calcul :
                             Merlus argentes    Filets congelés de
                                                caPillauds
     Volume du contingent       2.000 t             10.000 t
     Droit à appliquer :         8 %                  8 %
     Droit             :        15 %                15 %
6.   Perte de recettes :
     Valeur d 1 une tonne :    1 113 êcus      2 935 écus
     Valeur totale :         2 236 000 écus     29 350 000 écus
     Perte de recette (7 î ) : 156 520 écus       2 054 500 écus
                                            2 211 020 écus
     Reconduction . Par rapport au contingent de 1986 , augmentation des
     pertes de : 2 211 020 écus “ 2 046 782 écus = 164 238 écus
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagèrent contractuel
de la Oorrmunauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Ccnrnunauté .