CELEX: 31973R3463
Language: en
Date: 1973-12-17 00:00:00
Title: Regulation (EEC) No 3463/73 of the Council of 17 December 1973 on the opening, allocation and administration of a Community tariff quota for certain eels falling within subheading No ex 03.01 A II of the Common Customs Tariff for 1974

No L 356 / 18                          Official Journal of the European Communities                            27. 12 . 73
                                REGULATION (EEC) No 3463 /73 OF THE COUNCIL
                                                    of 17 December 1973
              on the opening, allocation and administration of a Community tariff quota for certain
              eels falling within subheading No ex 03.01 A II of the Common Customs Tariff for 1974
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         application of the rates laid down for that quota to
                                                                  all imports of the products concerned into all
                                                                  Member States until the quota has been used up ;
 Having regard to the Treaty establishing the Euro­               whereas, having regard to these principles, the
 pean Economic Community, and in particular                       Community nature of the quota can be respected by
Article 28 thereof;                                               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
Having regard to the proposal from the Commission ;               situation for them ; whereas, therefore, it is not
                                                                  possible to allocate the quota among the Member
                                                                  States on the basis of imports of the relevant
Having regard to the Opinion of the European
Parliament;
                                                                  products over the last few years ; whereas, however,
                                                                  according to the estimates put forward by the
                                                                  Member States, initial shares may be fixed at the
Whereas eel fishing has been prohibited or has                    following quantities :
become impossible in certain Community production
centres ; whereas this has led to a drop in Community                     Benelux              1 100 metric tons
production of eels in general and particularly of fresh
eels (live or dead), chilled or frozen, falling within                    Denmark                600 metric tons
subheading No ex 03.01 A II of the Common
 Customs Tariff, intended for curing or skinning or                       Germany              3 000 metric tons
for use in the industrial manufacture of products                         France                 100 metric tons
falling within heading No 16.04 ; whereas the
processing industries in the Community consequently                       Ireland                 50 metric tons
depend to a large extent on imports for their supplies
of eels ; whereas for 1974, the application of the                        Italy                  100 metric tons
autonomous Common Customs Tariff duty should
therefore be suspended totally on imports of the                          United Kingdom         150 metric tons
relevant products up to an appropriate quantitative
limit ; whereas, within this limit, the new Member
States should apply customs duties as provided in the
Act of Accession (*); whereas, however, the United                Whereas in order to take into account import trends
Kingdom has declared that from 1 January 1974 it                  for the products concerned in the different Member
will align its duties directly on those of the Common             States, the quota amount should be divided into two
Customs Tariff; whereas, the introduction of a                    tranches, the first tranche being allocated among the
 Community measure of this nature is unlikely to                  Member States, and the second forming a reserve
harm Community production ;                                       intended ultimately to cover the requirements of the
                                                                  Member States which have used up their initial
                                                                  shares ; whereas, in order to ensure a certain degree
"Whereas current demand not met by Community                      of security to importers in each Member State, the
production, which must therefore be met by imports,               first tranche of the Community quota should be
 can be estimated at 6 100 metric tons for 1974 ;                 determined at a level which, under present
whereas a tariff quota for the relevant types of eel              circumstances, may be 85 % of the quota amount;
 should therefore be opened for 1974 on the
 conditions set out above ;
                                                                  Whereas the initial shares of the Member States may
                                                                  be used up at different times ; whereas, in order to
Whereas it is in particular necessary to ensure to all            take this fact into account and avoid any break in
Community importers equal and uninterrupted access                continuity, it is important that any Member State
to the abovementioned quota and uninterrupted                     having used up almost the whole of its initial shares
                                                                  should draw an additional quota share from the
                                                                  reserve ; whereas this must be done by each Member
 (x ) OJ No L 73, 27. 3 . 1972, p. 14.                            State as and when each of its additional shares is
 ---pagebreak--- 27. 12 . 73                        Official Journal of the European Communities                           No L 356/ 19
almost entirely used up, and repeated as many times           December 1974, shall consist of the following
as the reserve allows ; whereas the initial and               amounts :
additional shares must be available for use until the
end of the quota period ; whereas this method of                       Benelux                1 100 metric tons
administration calls for close cooperation between
Member States and the Commission which must, in                        Denmark                  600 metric tons
particular, be able to observe the extent to which the
quota amount is used and inform Member States                          Germany                3 000 metric tons
thereof;
                                                                       France                   100 metric tons
Whereas if, at a specified date in the quota period, a                 Ireland                   50 metric tons
considerable balance remains in one or other
Member State it is essential that that Member State                    Italy                    100 metric tons
pays a large amount of it back into the reserve, in
order to avoid a part of the Community quota                           United Kingdom           150 metric tons
remaining unused in one Member State when it could
be used in others ;
                                                              2.    The second tranche, amounting to 1 000 metric
                                                              tons, shall make up the reserve.
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the                                        Article 3
Benelux Economic Union, all transactions concerning
the administration of shares granted to the                   1.    If 90 %    or more of the initial share of a
abovementioned Economic Union may be carried out
by any of its members,                                        Member State, as laid down in Article 2 ( 1 ), or 90 %
                                                              of that share less the amount returned into the
                                                              reserve, where Article 5 has been applied, has been
                                                              exhausted, that Member State shall proceed without
                                                               delay, by notifying the Commission, to draw a
HAS ADOPTED THIS REGULATION :                                 second share equal to 15 % of its initial share,
                                                              rounded up to the next unit where appropriate, to
                                                              the extent that the amount in the reserve allows .
                       Article 1
 1 . For the period from 1 January 1974 to 31                 2.    If, after its initial share has been exhausted,
December 1974, a Community tariff quota of 6 100               90 % or more of the second share drawn by a
metric tons shall be opened for fresh eels (live or           Member State has been used, that Member State shall
dead) chilled or frozen, intended for curing or               proceed without delay, by notifying the Commission,
skinning or for use in the industrial manufacture of          to draw a third share equal to 7-5 % oi: its initial
products falling within heading No 16.04, under               share, rounded up to the next unit where
conditions to be determined by the competent                  appropriate, to the extent that the amount in the
authorities falling within subheading No ex 03.01 A           reserve allows .
II of the Common Customs Tariff.
2.     The Common Customs Tariff duties shall be              3.    If, after its second share has been exhausted
totally suspended on products imported under this             90 % or more of the third share drawn by a Member
tariff quota.                                                 State has been used, that Member State shall proceed,
                                                              in the manner specified in paragraph 2 to draw a
                                                              fourth share equal to the third.
3 . Within the limits of this tariff quota, the new
Member States shall apply duties calculated in
accordance with the relevant provisions of the Act of         This process shall be applied until the reserve is
Accession.                                                    exhausted .
                                                              4 . Without prejudice to paragraphs 1 , 2 and 3 , the
                       Article 2                              Member States may proceed to draw shares smaller
                                                              than those fixed in those paragraphs, if there is
1 . A first tranche, amounting to 5 100 tons, shall be        reason to believe that those shares might not be used
allocated among the Member States ; the shares,               up . They shall inform the Commission of the reasons
which, subject to Article 5, shall be valid until 31          which led them to apply this paragraph.
 ---pagebreak--- No L 356/20                        Official Journal of the European Communities                              27. 12 . 73
                        Article 4                                                    Article 7
The additional shares drawn pursuant to Article 3            1.    The Member States shall take all appropriate
shall be valid until 31 December 1974.                       measures to ensure that, supplementary shares drawn
                                                             pursuant to Article 3, are opened in such a way that
                                                             charges may be made, without interruption, against
                        Article 5                            their cumulative shares of the Community quota.
If, by 15 August 1974, a Member State has not used           2.    Each Member State shall ensure that importers
up its initial share, it shall, not later than 10            of the product in question established in its territory
September 1974, return to the reserve the unused             have free access to the shares allocated to it.
portion of this share in excess of 20 % of the initial
amount. It may return a larger quantity if there are         3.    The Member States shall charge imports of the
reasons to consider that such quantity might not be          said product against their share as and when the
used.
                                                             product is entered for home use.
Each    Member State        shall, not later than      10
                                                             4.    The extent to which a Member State has used
September 1974, notify the Commission of the total
imports of the products concerned effected up to 15          up its share shall be determined on the basis of the
August 1974 inclusive, and charged against the               imports charged in accordance with paragraph 3 .
Community quota and, where appropriate, the
proportion of its initial share that is being returned to
the reserve.
                                                                                     Article 8
                        Article 6                            Member States shall inform the Commission at
                                                             regular intervals of imports charged against their
The Commission shall keep account of the shares              shares .
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it                                     Article 9
receives the notifications .
                                                             The   Member States       and the   Commission shall
The Commission shall, not later than 15 September            cooperate closely in order to ensure that this
1974, notify Member States of the amount in the
                                                             Regulation is observed.
 reserve after the return of shares pursuant to
Article 5 .
The Commission shall ensure that any drawing
which uses up the reserve is limited to the balance                                 Article 10
available and, for this purpose, shall specify the
amount thereof to the Member State which makes               This Regulation shall enter into force on 1 January
the final drawing.                                           1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 17 December 1973 .
                                                                                   For the Council
                                                                                    The President
                                                                                   I. N0RGAARD