CELEX: 51987PC0127
Language: en
Date: 1987-03-27
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff (1 July 1987 to 30 June 1988) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 127
Vol. 1987/0053
 ---pagebreak--- Disclaimer
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(87 ) 127 final
                                                    Brussels , 27 March 1987
                                       Draf t
                           COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
 tariff quota for certain eels falling within subheading ex 03.01 A II
       of the Common Customs Tariff (1 July 1987 to 30 June 1988 )
                       ( presented by the Commission )
                        1 ^"1 ' ' "} \
                                                |
C0M(87 ) 127 final
 ---pagebreak---                                     г
                        EXPLANATOKY MEMORANDUM
1. In recent y ;ars , eel fishing has been prohibited or has become
   impossible in certain Corrmunity production centres owing to
   pollution of the waters .   Efforts have been made to increase
   production in other centres in order to compensate at least for
   the losses of the quantities available . Despite these efforts , it
   has been observed , that Corrmunity production has remained
   insufficient to supply the demands of the Member States' fish
   processing industries .
   This situation prompted the Counsil on a proposal frcm the
   Commission to open from 1971 a duty free Community tariff quota
   for certain fresh eels ( live or dead ), chilled or frozen , falling
   within subheading ex 03.01 A II of the Common Customs Tariff .
2. The situation of the eel market was reexamined at a meeting of the
   Working Party on Economic Tariff Problems held on 23 January
   1987 .
   At that meeting it emerged that :
   -   the increase in the Community production already awaited for
       by the end of 1982, following the intervention by the Guidance
        Section of EAGGF and the efforts made by certain Member
        States , could not be fully realised , with the result that
        Community production remained insufficient to cover the needs
        of user-industries in the Community .
        the extension of the tariff measure currently into force ought
        to be envisaged at such a quantity so as not to prejudice the
        development of Community production .
 ---pagebreak--- 3.     Under these conditions , the Corrmission proposes to limit the
       volume of the tariff quota to be opened for the period from 1 July
       1987 to 30 June 1988 to 5 250 tonnes , this corresponding to the
       volume of the tariff quota opened for the current period, and to
       reexamine the situation during the quota-period with a view of a
       possible increase in this quota-volume , should the need be felt .
       As regards the subdivision of the abovementioned volume of 5 250
       tonnes , a first instalment of 4 200 tonnes is allocated among the
       Member States in proportion to forecasts of immediate
       requirements . The balance of 1 050 tonnes will constitute the
       Comnunity reserve .
This is the objective of the attached draft .
 ---pagebreak---                                                           Draf t
                                     COUNCIL REGULATION (EEC)
                opening, allocating and providing lor the administration of a Community tariff
                quota for certain eels falling within subheading ex 03.01 A II of the Common
                                     Customs Tariff (1 July 198 7 to 30 June 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         access to the abovementioned quota and uninterrupted
                                                                 application of the rate laid down for that quota to all
                                                                 imports of the products concerned into all Member States
Having regard to the Treaty establishing the European            until the quota has been used up ; whereas, in the light of
Economic Community, and in particular Article 28                 these principles, the Community nature of the quota can
thereof,                                                         be respected by allocating the tariff quota among the
                                                                 Member ; whereas statistics available for these specific
                                                                 products do not give a clear picture of the market situa¬
Having regard to the draft Regulation submitted by the           tion ; whereas, therefore, it is not possible to allocate the
Commission ,                                                     quota among the Member States solely on the basis of
                                                                 import trends for the eels in question over the past few
                                                                 years ; whereas, however, according to each Member
Whereas eel fishing has been prohibited or has become            State’s estimated needs, initial shares may be fixed at the
impossible in certain Community production centres ;             quantities set out in Article 2 ;
whereas this has led to a drop in Community 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
processing by curing or skinning enterprises or for use in       Whereas, in order to take into account import trends for
the industrial manufacture of products falling within            the products concerned, the quota amount should be
heading No 1 6.04 thereof ; whereas this production is           divided into two instalments, the first instalment being
likely to be developed, particularly in two Member States,       allocated, and the second forming a reserve intended
without, however, being able to satisfy all the require¬         subsequently to cover the requirements of the Member
ments of the Community ; whereas the processing indus¬           States which have used up their initial shares ; whereas, in
tries in the Community consequently depend to a large            order to ensure a certain degree of security for importers,
extent on imports for their supplies of eels ; whereas, from     the first instalment of the Community tariff quota should
1 July 198 ( to 30 June 198 8 the application of the             be fixed at a level which, under present circumstances,
Common Customs Tariff duty should therefore be                   may be around JfO % of the quota amount ;
suspended totally on imports of the relevant products up
to an appropriate quantitative limit ; whereas the intro¬
duction of a Community measure of this nature is un¬
likely to harm Community production ;
                                                                 Whereas the initial shares may be used up at different
                                                                 rates ; whereas, in order to take this fact into account and
Whereas current demand not met by Community produc¬              to avoid any break in continuity, any Member State which
tion which must therefore be met by imports can be esti¬         has almost used up its total initial share should draw an
mated at 5 250 tonnes for the period 1 July 1987 to 30           additional share from the reserve ; whereas this must be
June 198 8 ; whereas a tariff quota for the relevant types of    done by each Member State as and when each of its addi¬
eel should therefore be opened for this period on the            tional shares is almost entirely used up, and repeated as
conditions set out above ; whereas the fixing of the quota       many times as the reserve allows ; whereas the initial
volume at this level does not, however, prevent its read¬        additional shares must be valid until the end of the quota
justment during the quota period ;                               period ; whereas this method of administration requires
                                                                 close cooperation between the Member States and the
                                                                 Commission, which must be able to keep account of the
Whereas it is, in particular, necessary to ensure to all         extent to which the quota amount has been used up and
importers in the Member States equal and uninterrupted           to inform the Member States accordingly ;
 ---pagebreak--- Whereas, if at a given date in the quota period a conside¬
rable balance remains in one or other Member State, it is
essential, to prevent a part of the Community tariff quota
from remaining unused in one Member State while it
could be used in others, that that Member State should
return a significant proportion thereof to the reserve ;
Whereas, since the Kingdom of Belgium, the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg
are united within and jointly represented by the Benelux
Economic Union, any measure concerning the adminis¬
tration of the shares allocated to that economic union
may be carried out by any one of its members,
HAS ADOPTED THIS DECISION
                                                 Article 1
1 . From 1 duly 1987 to 30 June                     1988 , the Common Customs Tariff duty
     on the following product shall be suspended at the level and within
     the limit of a Community tariff quota as shown herewith :
  Order        CCT            Description                                    Amount     Rate of
  No           heading                                                       of          duty
               No                                                            tari ff
                                                                             quota
                                                                             ( tonnes )   (% )
  09.2701         03.01         Fish , fresh ( live or dead ), chilled
                                or frozen :
                                  A. Freshwater fish :
                                   fcXlI . Eels ( Anguilla spp .), in ¬
                                            tended for processing by
                                             curing of skinning enter ¬
                                            prises or for use in the
                                             industrial manufacture
                                            of products falling within
                                            heading No 16.04 of the
                                             Common Customs Tariff ( 1 )       5 250       0
( 1 ) Control of the use for this special purpose shall be carried out
       pursuant to the relevant Community provisions .
2        Within these limits, Spain and Portugal shall apply
         customs duties calculated in accordance with the provi¬
         sions laid down in this respect in the Act of Accession.
 ---pagebreak---                                                            -é-
                               Article 2
   1.    A first instalment of 4 2 00 tonnes of this Commu¬
  nity tariff quota shall be allocated among certain Member    3.      If, after its second share has been exhausted, 90 %
  States. Member States’ shares, which, subject to Article 5,  or more of the third share drawn by a Member State has
  shall be valid from 1 July 198 7 to 30 June 1988, shall      been used up, that Member State shall, in the manner
  consist of the following amounts :                           provided in paragraph 2, draw a fourth share equal to the
                                                               third .
                                             (tonnes)
          Benelux                              1 560
                                                               This procedure shall apply until the reserve is used up.
          Denmark                                 749
                                               1 660
          Germany                                              4. By way of derogation from paragraphs 1 , 2 and 3,
          France
                                                   59          Member States may draw lesser shares than those speci¬
                                                  172          fied therein if there are grounds for believing that those
          United Kingdom                                       specified may not be used in full. They shall inform the
                                                               Commission of their reasons for applying this paragraph.
 2.     The second instalment of1050tonnes shall constitute
 the reserve .
 3.     If an importer notifies the imminent import of the                                  Article 4
 product in question in a Member State not participating
 in the initial allocation and requests the benefit of the     Additional shares drawn pursuant to Article 2 (3) or 3
                                                               shall be valid until 30 June 198 8.
quota, the Member State concerned shall inform the
Commission and draw an amount corresponding to these
requirements to the extent that the available balance of
the reserve so permits.                                                                     Article 5
                                                                Member States shall return to the reserve, not later than
                              Article 3                         1 May 19P8, the unused portions of their initial shares
                                                                which, on 15 April 198 8 are in excess of 20 % of the
 f
                                                                initial amounts. They may return a greater portion if there
1.     If 90 % or more of a Member State’s initial share as
                                                                are grounds for believing that such portion may not be
fixed in Article 2 ( 1 ), or of that share minus any portion    used in full.
returned to the reserve where Article 5 has been applied,
has been used up, that Member State shall forthwith, by
notifying the Commission, draw a second share, to the           Member States shall notify the Commission, not later
extent that the reserve so permits, equal to 10 % of its        than 1 May 198 8 of the total quantities of the products in
initial share, rounded up as necessary to the next whole        question imported, up to and including 15 April 1988 ,
number.                                                         and charged against the Community quota and of any
                                                                portion of their initial shares returned to the reserve.
2.     If, after its initial share has been exhausted, 90 % or
more of the second share drawn by a Member State has
been used up, that Member State shall forthwith, by noti¬
fying the Commission, draw a third share equal to 5 % of
its initial share, rounded up as necessary to the next
whole number, to the extent that the reserve so permits.
 ---pagebreak---                         Article 6                              3. Member States shall charge imports of the products
                                                               in question against their shares as and when the products
The Commission shall keep an account of the shares             are entered with the customs authorities for free circula¬
opened by the Member States pursuant to Articles 2 and 3       tion .
and, as soon as it has been notified, shall inform each
Member State of the extent to which the reserve has been
                                                               4. The extent to which a Member State has used up its
used up.                                                       share shall be determined on this basis of the imports
It shall inform the Member States, not later than 5 May        charged against that share in accordance with paragraph
198 3 of the amount still in reserve after amounts have        3.
been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the                                      Article 8
reserve does not exceed the balance available, and to this
end shall notify the amount of that balance to the             At the Commission’s request, Member States shall inform
Member State making the last drawing.                          it of the imports actually charged against their shares.
                        Article 7
                                                                                         Article 9
1 . Member States shall take all appropriate measures to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged           Member States and the Commission shall cooperate
without interruption against their aggregate shares of the     closely to ensure that this Regulation is complied with.
Community quota.
2. Member States shall ensure that importers of the                                     Article 10
products in question have free access to the shares
allocated to them .                                            This Regulation shall enter into force on 1 July 198 7.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                           For the Council
                                                                            The President
 ---pagebreak--- Fiche d' impact de certains actes législatifs sur les PME et l' emploi
                                                          , répartition  et mode de
 Projet de règlement du Conseil portant ouverture des         anguilles  destinées
 gestion d' un contingent tarifaire autonome pour
 à subir certaines transformations
  1.   OBLIGATIONS ADMINISTRATIVES DECOULANT DE L' APPLICATION DE LA
       LEGISLATION POUR LES ENTREPRISES
        NON
  2.    AVANTAGES POUR L' ENTREPRISE
        - OUI / NSfNX
        - LESQUELS
             Suspension totale du droit de douane
   3.   INCONVENIENTS         POUR L' ENTREPRISE
         ( coût supplémentaires )
        - « 8X / N0N
        - CONSEQUENCES
   4.    EFFETS SUR L' EMPLOI
         Maintien ou amélioration de l' emploi
   5.    Y A - T - IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES
         SOCIAUX ?
          - KWX / N0N
          - AVIS DES PARTENAIRES SOCIAUX
    6.    Y A - T - IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ?
           NON .     L' ouverture d' un contingent résulte d' une décision
           unanime des Etats membres