CELEX: 51982PC0423
Language: en
Date: 1982-06-28
Title: Proposal for a COUNCIL REGULATION (EEC opening, allocating and providing for the administration of Community Tariff quotas for herrings falling within subheading 03.01 B I a) 2 of the Common Customs Tariff. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 423
Vol. 1982/0141
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIE
                                                   COM ( 82 ) 423 final
                                                   ■Brussels « 28 June 1982
                                 Proposal for a
                              COUNCIL REGULATION ( EEC
          opening , allocating and providing for, the administration of
          Community Tariff quotas for herrings falling within subhea­
          ding 03.01 B I a ) 2 of the; -Common Customs Tariff .
                                                    -s     "y
                                                 :
                ( submitted to the C         L' by       Commission
  COM ( 82) hZb final
 ---pagebreak---                                 EXPLANATORI MEMORANDUM
1 . The Commission undertook , during the Fishing Council on 15 June 1982 ,
    to produce and submit to the Council a draft Regulation opening , al­
    locating and providing for the management of a duty-free Community
    Tariff quota of 60,000 tonnes for herrings of subheading 03.01 B I a )
    covering the period from 16 June 1984 to 31 December 1984 . The
    Council agreed to reach a discussion on this proposal at its meets
    on 28 / 29 June 1982 .
Z 0 However , since for these products there is a 6ATT undertaking to
    open an annual tariff quota of 34,000 tonnes for the period 16 June -
    14 February the Commission , in the annexed Regulation, has decided :
    - to divide the above-mentioned quota of 60*000 tonnes into two
        parts , one of 34,000 tonnes covering the period of 16 June 1984 to
        14 February 1985 and the other of 26,000 tonnes constituting an
        autonomous amount covering the period 16 June to 31 December 1984 ;
    - to give priority as regards utilisation to the contractual tariff
        quota   of 34,000 tonnes .
3 . The system of management proposed is that normally employed in the
    field of Community tariff quotas , that is to say ;
    - the creation of a reserve share , amounting to 6,000 tonnes . The
        constitution of such a reserve is particularly justified in the
        present case because not all Member States will participate in the
        initial allocation of the quotas , and because it has not been possi
      . ble to calculate existing initial quota-shares as accurately as
        could be described;                              ;■
    - the allocation of first instalments pro rata to envisaged requi­
        rements , calculated on the basis of the allocation made for the
        period 16 June 1983 to 14 February 1984;
    - changes made against Member States' quota sh'ares as and when the
        products in question are entered with the customs authorities for
        free circulation .                      •
 ---pagebreak---                                       Proposal for a
                                    COUNCIL REGULATION (EEC) < .
                oprkg, allocating aad pnmdia( for the idmiakniioa of Community tariff quotas for
                   bcrrogs faJlisg wkkia iukfecedissg 03.01 B I a) 2 of the Common Qutoms Tariff
                                                            !
 THE COUNCIL OF THE EUROPEAN
 COMMUNITIES,
 Having regard to the Treaty establishing the j
  European Economic Community, and in particular j
 Articles 28 and 113 thereof,
 Having regard to the proposal from the Commission,
 Whereas the Community undertook . to open an
 annual duty-free Community tariff quota for 34 000
 tonnes of herrings, whole, headless or in pieces,
 falling within subheading 03.01 B I a) 2 of the
 Common Customs Tariff imported from 16 June to |
  14 lebruary in a fresh , chilled or frozen state, subject
 to compliance with the reference price ; whereas
 the Community has met its obligations by opening , for
the periods 16 June 1982 to 14 February 1983 and 16 June
1983 to 14 February 1984 , duty-free tariff quotas of
84,700 tonnes and 74,000 tonnes respectively in Regula­
tion ( EEC ) no 3798 / 81 of 29 December 1981 ( 1 ); whereas
there can be no doubt at present , taking into account
foreseable production possibilities in the Community
during the period from 16 June 1984 to 14 February 1985 , that the
 contractual quota volume of 34 000 tonnes will be
 insufficient to meet anticipated import requirements;
 whereas provision should therefore be made for an
 autonomous supplementary quota which, in order not
 to jeopardize the stability of the market and so as to
 ensure parallel development of the market for
 Community production and of satisfactory supplies
  for the consumer industries, should be fixed at a level
 w hich is such that the total quota does not exceed its
  anticipated minimum utilization ; whereas for the
   same reasons , the period of validity of the autonomous
   supplementary quota should be limited to 31 December 1984 ;
   whereas , therefore , it is appropriate to open for the
  periods from 16 June 1954 to 14 February 1985 and firom
   Pa June tc 3T OecemCer                                     tarfff" qucrtas crff
 tonnes and 26,000 tonnes respectively , and to allocate them
 between Member States , bearing in mind the obligation to
 comply with any reference price which may be fixed;
  ( 1 ) 0J No L 379 of 31 . 12,1981 - P. 48 .
                                                              «
                                                                             l
 ---pagebreak---         Whereas under Annie 64 of ifoe 1979 Act of j
        Accession, Greece is required to apply it- full the |
      i Common Customs Tariff duty in respect oi the
      ; product in question as from I jiauuy 1981 ; whereas,
     ' therefore, it is necessary to cover, under the tariff
        quotas in question, the requirements of that Member
     ' State during the quota period;                             j
        Whereas equal and continuous access to the quofas
        should be ensured for ail Community importers and
        the rate of levy for the tariff quotas shouid be applied 1
         consistently to all imports until the quotas are used
         up ; whereas, in the light of the principles outlined
         above, a Community tariff arrangement based on an
         allocation between the Member States would seem to
         preserve the Community nature of the quotas ;
         whereas, to represent as closely as possible the actual
         development of the market in the said goods, this
         allocation should follow proportionately the
         requirements of the Member Sutes calculated both
         from statistics of imports from third countries during
         a representative reference period and according to the
         economic oudook for the quou periods in question;
         Whereas, during the last three periods for which
         complete statistics1 are available, the imports of each
j Member State represent the following percentages in
1 • relation to total imporu of the products in question : 1
                                        1971      » 979    1980
         Benelux                       1)04       5-60     5-13
                             t
         Denmark                      45-80      52-76    55 89
         Germany                      32 - 15    30-09.   29-27
         Greece                                negligible
         France                         5-39      5-36     3-59
         Ireland                        0          0       0
         Italy                          0-03      0-04     0
         United Kingdom                 3-59      6-15     5-42
   j     Whereas, in view of the above and of the fore-
   j     seeable trend of the market for these products in the
         quota periods the intitiai quota shares may be as indiA
         cated in Articles 2 and 3 ;
         Whereas, to take account of the possible import
         trends for this product the quota volumes should be
         divided into two instalments, the first being allocated
         between the Member States and the second held as a
         reserve to cover any subsequent requirements of
         Member Sutes which have used up their initial
 j       shares; whereas, to give importers some degree of
 J certainty, the first instalment of the t riff quotas
        should be fixed at a high level, which' is titn CJije
 •      couki be 90 % of the atnount of the quotas;
 ---pagebreak---                                       - ^
               Whe : as initial ires may be used up at different
               rj;r. -vhere.r e > avoid disruption of supplies on this
               accv ,-t it s ou i be provided that any Member State
               whi has aiir jst used up one of its initial shares
               should     draw    an  additional    share   from   the
               corresponding reserve; whereas each time its
               additional share is almost used up a Member State
               should draw a further share and so on as many times
               as the reserve allows ; whereas the initial and
               additional shares should be valid until the end of the
             j quota period ; whereas this form of administration
             | requires close collaboration between the Member
            j States and the Commission and the Commission must 1
            j be in a position to keep account of the extent to
            | which the quotas have been used up and to inform
            ] the Member States accordingly;
            1
            Ï
           j Whereas, if at a given date in one of the quota
          i periods a considerable quantity of a Member State'!
                initial share remains unused it is essential that such
                State should return a significant proportion thereof tc
                the reserve, in order to prevent a part of the
          ,     Community tariff quota from remaining unused ir
                one Member State while it couid be used in others;
                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 administration of the shares
                 allocated to that economic union may be earned out
                 by any one of its members,                             !,
                 HAS ADOPTED THIS REGULATION
                                        Artici» 1
1 . without prejudice to paragraph 2 below and to Article 8,
paragraph 3, subparagraph 2 the following Community tariff quotas
       be opened for herrings falling within subheading 03.01 B I a ) 2
of the Common Customs Tariff :
*> 34 000 tonnes for the period from 16 June 1984 to 14 Feb­
    ruary 1985 ;
b) 26 000 tonnes for the period from 16 June to 31 December 1984.
               2      The use of the tariff quotas referred to in
               para^rjr* I shall be subject to compliance with any
               reference price whic^ may be fixed.                  j
               3. The Common Customs Tariff duty shall
               totally suspended within these tariff quotas.
 ---pagebreak---                                        -4
                                      Artide 2
         !
         ' I. ^ Each of the Comtnunhy x&riif quotas itfcmi K»
             in AnicleJ ( 1 ) shall be divided mto two insiaEtnenu.
           !                                                                 1
             2. The fins instalment shall he allocated emotg
             certain Member Suites ; the sham. %hich. luhipci w» j
             Article 6. shall be v»l«d from I* June >*$4 u» 14 ^
             February lfgj and from 16 June to 3 -} E>ec?rTfc.ef.
                     respectively- S-" J A fe-e as foUod's:
                                                                    (tenmetë
                                       Fica 14 June IHii fttm 16 Ji«f
                                              <0                i©
                                       14 Mnuiy IMS 31 December
             Benelux                       2 096               1 555
             Denmark                     18 014              13 365
             Germany                       9 216               6 838
             France                           837                  621
             United Kingdom                   837                  621
             3. The second instalment, constituting the reserve,
           ' shall consist of 3000 tonnes in the period 16 June
           . 198" to 14 February         j and of3000 tonnes in the
             period 16 June ' to 31' becember 1984 .
                                      Article J
If an importer gives notice of imminent importations of the
products in question in Greece, Ireland or Italy' and requests
the benefit of the quotas, the Member State concerned shall
draw a quota-share equal to these needs from thej corresponding
reserve, to the extent that the reserve so permits .
                                     Article 4
                                                                      one of
             I.     Ha Member State has used 90 °/o or more of /is              !
             initial sharcsas fixed in Article 2 (2), or of that share . j
             minus any portion returned to the reserve pursuant to j
             Article 6, it shall forthwith, by notifying the |
             Commission, draw a second share, to the extent that               f
             the corresponding reserve so permits, equal to 10 % _
             of its initial share, rounded up as necessary to the
             nest whole number.
                                                         one of .
             2.     If a Member State, after exhausting/ its initial
             sharcf,has used 90% or more of the second shate
             drawn by it, that Member State shall forthwith, in ikj
             manner and to the extent provided in paragraph i , ,
             draw a third share equal to 5 % of its inif&S share,
             rounded up as meeessaiiy ID the next whole UMSNBC?.
 ---pagebreak---               ' < " * errUf Sti-t , aivr txHa'js'.ir.g       record
    .:>. re ,     vt :     90 % or more of the third jiwe
    n «": yy % that Mecr.b^r Suit shall, in the manner
 and to " >: extent provided in paragraph 1 » draw a
 fourth sLare equal to the third.
                                       each
  ■ !i<J process shall apply until        reserve is used up.
 4 . By way of derogation from paragraphs I , 2 and
 3, a Member State rpay draw shares lower than those
 specified in those paragraphs if there are grounds for
 believing that those specified may not be used in full.
 Any Member State applying this paragraph shall
 inform the Commission of its grounds for so doing.
                               Article J
Additional shares drawn pursuant to Article 4 shall be
valid until 14 February 1985 and 31 December""*! 984
respectively.
                               Artide 6
Member Slates shall , not later than           15 November 1984
                                           -          o , return to
the reserve the unused portion of their initial shares
which , on 1 November 198 ^
is in excess of 10 % of the initial volume. They may
return a greater portion if there are grounds for
believing that it may not be used in full .
Member States shall , not later than 15 November 1984
                                notify the Commission of the
total quantities of the product in question imported
up to and including 1 November 198 ^
                          and charged against the Community
quotas , and of any portion of their initial stares
returned to the - corresponding reserves .
                               Artide 7
The Commission shall keep an account of the shares
epened by ?.he V.^ber SfAte? pursuant to Articles 2,
3 and 4 ?j-4 jMi _ as vxsa as y\e unfomawco. reaches
it, m'orrr.                      of      extent to wk'ch she
fe&'-l'Viyl ';W7J                Vp ,
 ---pagebreak---                                       . s «SU»
               I« »K*l!. no« btrr dun 20 *»ove«b?P 1984 i
                                                          inform the
               Member State* of the amount mil in m«m,
               following #r»y mure ol stares pur?team so Ankle 6.
              It shall rawff tiui iltf drawing «kkh eabuiu the
              tof«i(K»<li«| mmt don no* r>t«d the baUncc
              available, and to this end shall notify the amount of  j
              (hat balance to tht Meo&er Stat* making the lax
              drawing.                                                ;
                                     A rtiftf M
              1.     Fhe Member States shall take ail appropriate
             mcnuro to ensure that additional shares drawn
             pursuant to Article 4 are opened in such a way that
             importations may be charged without interruption
             against their accumulated share of the Community
            quotas.
            2. The Member States shall ensure that importers
            of the product in question
                        have free access to the shares allocated to
            them.
            3.      The Member States shall charge imports of tht
            product in question against their shares as and when
            the product is entered with the customs authorities
            for free circulation.                                  i
Charges against the tariff quota referred to article 1
paragraph 1 ( b ) can only take place in a Member State after
the complete exhaustion of the initial quota-share allocated
to it -under the quota referred to in article 1 paragraph 1<a ^
and after exhaustion of the possibilities of drawing on the
Community reserve constituted for this latter quota *
       j  4, The extent to which a Member State hasvsed
       i up its share shall be determined on the basis of the
       ] imports charged in accordance with paragraph 3.
        \                          Artide 5
          At the request of the Commission, the Mcmbei
          States shall inform k cl imports aCTtsalfy charges
          against their shares.
 ---pagebreak---                                      Artub lû
                 TV; MRATM SUIM «A4 IÍW Commmioa «bali
                 coopvratc cJotdy 10 twut IKM UM» Rcguiatk» k
                 compilé «ntk.
                                     Anidi II
                 This Rcgulaiio* dull inner into force on 16 June
                Wfc .
Thij Regulaûoo ânaH be biodiag m in entirety and directly applicable in all Member
SUTEI.
Done at BniMeb.
                                                               for m Cotmcil
                                                                 Tbe Pmident