CELEX: 51980PC0200
Language: en
Date: 1980-04-25
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 1980 - 30 JUNE 1980) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 200
Vol. 1980/0060
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     I
COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80 ) 200 final
                                                Brussels , 25th April 1980
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                          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 1980 - 30 JUNE 1980 )
                 ( presented by the Commission to the Council )
  C0M(80 ) 200 final
 ---pagebreak---   ><-, r^con-s yeara, oel jfiafci** in          CousiKttwity fttih&n? er^w
 forbidden or fl«n<ie iraposoiblo ©win^jf "so pollution o£ the Viw.vQ»u 0 i*tfo - »
 vcro jn&dfe to inoreasa product AoA in other atfeae in srd®r +■« . c^p^r^-ato •
 at least for the lessee . of the cp->*wtiti «e available * Bftop:U« .thase                    .
 effort u , it wp-c obocrved that Coatfmmity production waa at ill 5.yu3v.t?i.cion"t
ti supply the demanda of tho Member . Statea * fish pr^oeasias industries                           ■
 Arnis situation . prompted tho Cour^il - en a proposal zVcra the Co^.?.~sxcr» -
to open from 1971 A duty-free Coareunity tariff quota 'for certain ireah ,
ocle (dead or alive ), ohilled or frozen, falling within aubhaadir^
ox 01.01 A II of the Common Customs Tariff .
Thereafter , tho situation on the markets of tho eeotor in question :
did aot appreciably improve#                 r>         >    .    ■ ■<.-■
 TJ,               3 f the eel market was .reexamined at a fleeting
of the working Party on Ecor.oi.1e Tar Hf                                                          _
 29 February 1980 .
 At that meeting it emerged that the supply situation had not undergone
 any change and consequently it seemed advisable to envisage a prorogation
 of the tariff measures actually 1n force by opening of an annual tarir .
  quota for the period from 1 July . 1 ? 80. to- 30 June /I9 8}.
  The volume of this tariff quota could be fixed 7 400 ; tonnes
  largely corresponding .                           , *.       •     '
  to the statid requirements of the Member States for imports
           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-mentioned volume                                      .
   of ,7 400             tonnes 8 fi rst tranche - of 5 931 connes
   is al located among the .Member States' in proport i en to ; V
. requirements ^ The balance , of i j469                                     w f J. I • v ; " • 1 :
   cons t i tut e t he . Communl ty reserve • . •                       >. ,
    This . is the objective ^of t h«, iattached i dra^ : ; •                             ' %
 ---pagebreak---                                                        Draf t
                                   COUNCIL REGULATION ( EEC)
              opening, allocating and providing for the administration of a Community tariff
              quota for certain eels faSHrsg within subheading ex 03.01 A II of the Common
                                   Customs Tariff (1 July 1980 to 30 June 1981)
THE COUNCIL OF THE EUROPEAN                                   rupted access to the abovemenfioned quofa and unin­
COMMUNITIES,                                                  terrupted application of the rate 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 Treat/ establishing the European         whereas, in the light of these principles, the Commu­
Economic Community, and in particular Article 28              nity nature of the quota can be respected by allocating
thereof,                                                      the tariff quota among the Member States listed
                                                              below ; whereas statistics available for these products
Having regard to the draft Regulation submitted by            do not give a clear picture of the market situaiion for
                                                              them ; whereas, therefore, it is not possible; to allocate
the Commission ,
                                                               the quota among the Member States on the basis of
                                                               import trends for the relevant products over the last
Whereas eel fishing has been prohibited or has                 few years ; whereas, however, according to the esti­
become impossible in certain Community production              mates put forward by the Member S'ates, initial shares
centres ; whereas this has led to 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 processing by curing or skinnmg            Whereas, in order to take into account import trends
enterprises or for use in the industrial manufacture of         for the products concerned, the quota amount should
 products falling within heading No 16.04 ; whereas            be divided into two instalments, the first instalment
 the processing industries in the Community                    being allocated, and the second forming a reserve
 consequently depend to a large extent on imports for           intended subsequently to cover the requirements of
 their supplies of eels ; whereas, from 1 Juiy } 980to 30       the Member States which have used up their initial
 June i 9 SI          application of the autonomous             shares ; whereas, in order to ensure a certain degree of
 Common Customs Tariff duty should therefore be                 security for importers, the first instalment of the
 suspended totally on imports of the relevant products          Community tariff quota should be fixed at a level
 up to an appropriate quantitative limit ; whereas the          which, under present circumstances, may be approxi­
 introduction of a Community measure of this nature             mately 80 % of the quota amount ;
 is unlikely to harm Community production ;
 Whereas current demand not met by Community
  production, which must therefore be met by imports,           Whereas the initial shares may be used up at different
  can be estimated at? 4D(ionnes for the period I July           rates ; whereas, in order to take this fact into account
  1980 to 30 June I9g1 ; whereas a tariff quota for the          and to avoid any break in continuity, any Member
  relevant types of eel should therefore be opened for           State which has almost used up its total initial share
  this period on the conditions set out above ; whereas          should draw an additional share from the reserve ;
  the fixing of the quota volume at this level does not,         whereas this must be done by each Member State as
  however, prevent its readjustment during the quota             and when each of its additional shares is almost
  period ;                                                       entirely used up, and repeated as many times as the
                                                                 reserve allows ; whereas the initial additional shares
  Whereas it is in particular necessary to ensure to all         must be valid until the end of the quota period ;
  importers in the Member States equal and uninter­              whereas this method of administration requires close
 ---pagebreak---  cooperation between Member States and the Commis­                                 Article 3
 sion, which must be able to keep account of the
extent to which the quota amount has been used up        1.     If 90 % or more of a Member State's initial share
and to inform the Member States accordingly ;            as fixed in Article 2 ( 1 ), or of that share minus any
Whereat if, at a given date in the quota period, •       portion returned to the reserve where Article 5 has
considerable balance remains in one or other Member      been applied, has been used up, that Member State
State it is essential, to prevent a part of the Commu­   shall forthwith, by notifying the Commission, draw a
nity tariff quota from remaining unused in one           second share, to the extent that the reserve so permits, .
Member State while it could be used in others, that      equal to 15 % of its initial share, rounded up as neces­
that Member State should return a significant propor­    sary to the next whole number.
tion thereof to the reserve ;
                                                         2.     If, after its initial share has been exhausted,
Whereas, since the Kingdom of Belgium, the               90 % or more of the second share drawn by a
Kingdom of the Netherlands and the Grand Duchy of        Member State has been used up, that Member State
Luxembourg are united within and jointly represented     shall forthwith, by notifying the Commission, draw a
by the Benelux Economic Union, any measure               third share equal to 7-5 % of. its initial share, rounded
concerning the administration of the shares allocated    up as necessary to the next whole number, to the
to that economic union may be carried put by any         extent that the reserve so permits.
one of its members,
                                                         3.   ' If, after its second share has been exhausted,
                                                         90 % or more of the third share drawn by a Member
HAS ADOPTED THIS REGULATION :
                                                         State has been used up, that Member State shall, in
                                                         the manner provided in paragraph 2, draw a fourth
                         Article 1                       sha're equal to the third.
1.     During the period 1 July lS80to 30 June 1981 /    This procedure shall apply until the reserve is used
a Community tariff quota of 7 . 400tonnes shall be       up.
opened for 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        4.     By way of derogation from paragraphs 1 , 2 and
curing or skinning enterprises or for use in the indus­  3, Member States may draw lesser shares than those
trial manufacture of products falling within heading     specified therein if there are grounds for believing
No 16.04 of the Common Customs Tariff.                   that those specified may not be used in full. They
                                                         shall inform the Commission of their reasons for
Control of the use for this special purpose shall be     applying this paragraph.
carried out pursuant to the relevant Community provi­
sions.
                                                                                   Article 4
2. Within the limits of this tariff quota, the
Common Customs Tariff duty shall be totally -
suspended.                                               Additional shares drawn pursuant to Article 3 shall be
                                                         valid until 30 June 19 81 •
                         Article 2
1 . A first instalment of5.931 tonnes of this                                      Article 5
Community tariff quota shall be allocated among the
Member States. Member States' shares, which, subject
to Article 5, shall be valid from 1 July 19 80to 30      Member States shall return to the reserve, not later
June 19g"J, shall consist of the following amounts :     than 1 May 1981, the unused portions of their initial
                                        (tn tonnes)      shares which, on 15 April 19g ^|, are in excess of 20 %
        Bénélux                      ■ ^ 936
                                           936           of the initial amounts. They may return a greater
        Denmark            '      ■    1- 206            portion if there are grounds for believing that such
        Germany ■                      2.  444
                                           444   ,       portion may not be used in full.
        France                              68
        Ireland                               5          Member States shall notify the Commission, not later
      . Italy                               30           than 1 May 1981 , of the total quantities of the
        United Kingdom                     242           products in question imported up to and including 15
                                                         April 19g<j and charged against the Community
2.     The second instalment of 1 469 tonnes shall       quota, ana of any portion of their initial shares
constitute the reserve.                                  returned to the reserve.
 ---pagebreak---                         Article 6                            3.     Member States shall charge imports of che
                                                             products in question against their shares as and when
The Commission shall keep an account of the shares
                                                             the products are entered with the customs authorities
opened by the Member States pursuant to Articles 2           for    free circulation .
and 3 and, as soon as it has been notified, shall inform
each State of the extent to which the reserve has been
                                                             4.     The extent to which a Member State has used up
used up.                                                     its share shall be determined on the basis of the
It shall inform the Member States, not later than 5          imports charged against that share in accordance with
May 19 81 of the amount still in reserve after amounts       paragraph 3.
have been returned thereto pursuant to Article 5.
                                                                                    Article 8
It shall ensure that the drawing which exhausts the
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
Member State making the last drawing.                        inform 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  Member States and the Commission shall cooperate
pursuant to Article 3 are opened in such a way that          closely to ensure that this Regulation is complied
imports may be charged without interruption against          with .
their aggregate shares of the Community quota.
2. Member States shall ensure that importers of the                                 Article 10
products in question established in their territory have
free access to the shares allocated to them .                This Regulation shall enter into force on I July
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels,
                                                                         For the Council
                                                                          The President