CELEX: 51977PC0040
Language: en
Date: 1977-03-01
Title: Proposal 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 1977 - 30 June 1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 40
Vol. 1977/0013
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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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règlement.
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(77)40 final.
                                            Brussels , 1st March 1977 .
                              Proposal 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 1977 -. 30 June 1978 )
               ( submitted to the Council by the Commission )
Cai(77 ) 40 final .
 ---pagebreak---                        Explanatory Memorandum
 In recant years , ool fiahing in oortain Community fishing areas was
 forbidden or made impossible owing to pollution of the waters . Efforts
were made to increase production in other areas in order to compensate
at leaDt 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 a 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 .
         1» φ
Thereafter , the situation on the markets of the sector in question
did not appreciably improve .
In the course of 1976 , it was decided , at the request of
the authorities of the Federal Republic of Germany , to
change the annual tariff quota period to the period of
1 July to 30 June of each year , so that the quota might
correspond better to trade requirements , the fishing season
being mainly in the autumn .
 The situation of the eel market was reexamined at the meeting
of the Working Party on Economic Tariff Problems held on
26 - 27 - 28 January 1977 .
At that meeting of the Economic Tariff Problems Group ,
it emerged that unanimous agreement could be reached on
a system providing for the opening of an annual tariff
quota for the period from 1 July 1977 to 30 June 1978 .
 ---pagebreak---                            - 2  -
Therefore , it would seem desirable to      open a Community
tariff quota for this period for a volume of 6 000 metric
tons       ^                            largely corresponding
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 .
As regards the subdivision of the above– ment i oned volume
of 6 000 metric tons , a first tranche of 4 800 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 proposal .
 ---pagebreak---                                                 Proposal for a
                                      COUNCIL REGULATION (EEC) No               ...
                       ■                           OZ  . .
                 or. 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 1977 - 30 June 1978 )
   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 Economic Community, and in particular               for that quota to all imports of the products
   Article 4 3thereof,                                          concerned into all Member States until the quota
                                                                has been used up ; whereas, in the light of these
                                                                principles, the Community nature of the quota can
   Having regard to the proposal from rhe Commission,           be respected by allocating the tariff quota among
                                                                the Member States listed below; whereas statistics
                                                                available for these products do not give a clear
   Having regard to the opinion of the European                 picture of the market situation for them ; whereas,
  Parliament ( ' ),                                             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 general and particularly of
  fresh eels (live or dead ), chilled or frozen, falling
   within subheading ex 03.01 A II of the Common
  Customs Tariff, intended for curing or skinning or
   for use in the industrial manufacture of products           Whereas, in order to take into account import trends
   falling within heading No 16.04; whereas the                for the products concerned, rhe 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 the second forming a
   of eels; whereas from 1 July 1 9 7 7?o 30 June              reserve intended subsequently to cover the
   1978 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    the   introduction  of  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 ta:ke 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      6 000 metric tons                   State which has almost used up its total inirial share
  for t FFe period from 1 July 1977                           should draw an additional share from the reserve ;
  to 30 June 1978 ;                  whereas a                whereas this must be done by each Member State as
     tariff quota for the relevant                            and when each of its additional shares 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
    volume at this level does not ,
    however , prevent its readjust­
    ment during the quota period ;
                                                                                                        ■■ ■ /• ■ ■
 ---pagebreak---        Commisftiea, which- mu» b« «bt* to keep aeeaun*                            '                     (metric tow)
      of the extent to which the quota amount has been                 Bénélux                            1  676
      used up - and to inform the Member States                        Denmark                               700
      accordingly;
                                                                       Germany                           2 120
                                                                       France                                  56
      Whereas, if at a given dare in the quota period a                Ireland                                    4
      considerable balance remains in one or other Member
                                                                       Italy                                   24
      State, it is essential, to prevent a part of the
      Community tariff quota from remaining unused In                  United Kingdom                        220
      one Member State while it could be used in others,
      that that Member State should return a significant                                        1_200
      proportion thereof to the reserve;                       2. The second tranche of /            metric tons shall
                                                               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% j>r 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 the 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, rounded
                                                               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
                                        1977
                                                               State has been used up, that Member State shall
                                                               forthwith, by notifying the Commission, draw a
     1 . During the period 1 J U t y / to 30 June 197q a       third share equal to 7-5% of its initial share, rounded
     Community tariff quota of 6 0 0 Ometric tons 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, under       or more of the third share drawn by a Member
     conditions to be determined by the competent             State has been used up, that Member State shall, in
     authorities.                                             the manner provided in paragraph 2, draw a fourth
                                                              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 , 2 a/.d
                                                              3, Member States may draw lesser shares than those
                                                              specified therein if there are grounds for believing
                                                              that those specified may not fee used in full. They
                                                              shall inform the Commission of their reasons for
                             Article 2                        applying this paragraph.
                              4 800
    1. A first tranche of '            metric tons of this                                  .
                                                                                        Article 4
    Community tariff quota shall be allocated among                                     Article 4
    the Member States. Member States' shares, which,
    subject to Article 5, shall 'be valid from 1 J u I y 1977 Additional shares drawn pursuant to Article 3 shall
1 0 30 June 1978, shall consist of the following amounts:     be valid until 30 June 1978 .
 ---pagebreak---                                                    -   3 -
                       Article S                              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 1978 , the unused portions of their
initial shares which, on IS April 1978 , are in excess        2. Member States shall ensure that importers of the
of 20% oi 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. Memfcer 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 1978 , 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 197 8 ,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 1978, 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 does 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 Î0
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           1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at     Brussels ,
                                                                          For the Council
                                                                           The President