CELEX: 51979PC0708
Language: en
Date: 1979-12-06
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR SILVER HAKE (MERLUCCIUS BILINEARIS) OF SUBHEADING EX 03.01 B I q) OF THE COMMON CUSTOMS TARIFF (1980)#PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN COD FILLETS OF SUBHEADING 03.01 B II b) 1 OF THE COMMON CUSTOMS TARIFF (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 708
Vol. 1979/0240
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM ( 79 ) 708 final
                                              Brussels . 6     December 1979 .
                    :V-
                         ^     -5
                            ■ ' >
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                                  ■ V '/
                  PROPOSAL FOR A COUNCIL REGULATION ( EEC )
     OPENING / ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
                 A COMMUNITY TARIFF QUOTA FOR SILVER     HAKE      .
         (MERLUCCIUS BILINEARIS ) OF SUBHEADING EX 03.01 B I q )
                    OF THE COMMON CUSTOMS TARIFF ( 1980 )
                                      "            S       ■"■!■■■■■
                  PROPOSAL FOR A COUNCIL REGULATION ( EEC )
     OPENING/ ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
              A COMMUNITY TARIFF QUOTA FOR FROZEN COD FILLETS
  OF SUBHEADING 03.01 B II b ) 1 OF THE COMMON CUSTOMS TARIFF ( 1980 )
           ( submitted to the Council by the Commission )
C0M(79 ) 708 final
 ---pagebreak---                       EXPLANATORY NOTE
                                          »
In the context of the GATT multilateral negotiations the Community
engaged itself to open annually Community tariff quotas at 8 % duty/ fo
ex 03.01 B I q )     Silver hake (Merluccius bi linearis )  2.000 tonnes
03.01 B II b ) 1     Frozen cod fillets                 -  10,000 tonnes
This proposal aims to satisfy the obligations contracted by the
Community by opening these quotas for the period 1 January to
31 December 1980 .
The Commissions proposals for these products are mainly based on those
usually put forward in the field of tariff quotas insofar as :      •
- the quota volumes are divided into two parts , the first considering
  of a fairly large quantity and divided up between the Member States ,
  and the second being a reserve intended to cover any supplementary
  needs ;
- the allocation of initial shares to the Member States is based on
  their past imports from third countries over the last 3 years and
  on the prospects for the quota year concerned .
Community imports from third countries have , over the last 3 years ,
evolued as follows :
 ---pagebreak---  - Si Iver hake
                                  1976              1977                1978
Member State
                                  in tonnes         in tonnes           in tonnes
Bénélux                              740                 750                775
Denmark                                                                     610
Germany                              441                 360                433
 France                                               4.000(1
                                                         000(1 )         5,600(1 )
Ireland                                0.3                 7,9                4 ., 6
Italy                                                                       841
United Kingdom                     4,096(1 )          4.375(1 )          3.119(1 )
 ( 1 ) Figure for imports of all types of hake
- Frozen cod fillets
                            1976               1977               1978
Member State
                      m        in %    in         in %       in        in %
                     tonnes            tonnes               tonnes
Bénélux                 325    0.90        793    2,09        1,190 2.31
Denmark                 176    0,49        523    1 , 38      1,050 2..04
Germany                 376    1,04      2,530    6,68        1,260 2.45
France                  579    1.61      1.181    2,12        1,102 2.14
Ireland                   0        0                   0           0      0
Italy                   731    2.03      1,346 3.55              582  1„13
United Kingdom      33,817    93,93    31,512 83,18         46,326 89,93
                    36.004             37,885               51,510
 ---pagebreak---                                         3
    It can be seen from the table concerning silver hake that the Imports '
    which have not seperately recorded in the statistics , figures are
    incomplete and that .therefore it is not possible to make the calculations
    concerning the percentage of total imports by individual Member States .
    Consequently this data may not be representative of the pattern of
    imports . However , by taking account of the estimates on needs put
    forward by the Member States , one can make the following estimate in
    percentage terms for the initial repartition between the Member States :
                                    Silver hake          cod fillets
    Bénélux                           21.99      _           1,22
    Denmark                           19,06                  2,50
    Germany     1                     13.20                  6«.55
    France                             S. 87                 2„80
    Ireland                            0,29                  0„01
    Italy                             24.93 r                2.43
    United Kingdom                    14,66                 84.19
4 . The proposed Regulations foresee the     greyhound system " as the only
    method of administration to be applied by the Mertiber States .
 ---pagebreak---                                         Proposal for a
                                COUNCIL REGULATION ( EEC )
                 opening allocating and providing for the administration of
                 a Community tariff quota for silver hake (Merluccius
                 bi linearis ) of subheading ex 03.01 B I q ) of the
                      Common Customs Tariff ( 1980 )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES
  H wing regard to the Treaty establishing the European Economic
  Community , and in particular Articles 43 and 113 thereof ,
 Having regard to the proposal from the Commission,
 Having regard to the Opinion of the European Parliament,'
  •■. hereas the Community has undertaken to open an
 annual tariff quota at 8 % duty for 2^000 tonnes of silver hake
 ( Meluccius bi linearis ) of subheading eix 03.01 B I q ); whereas the
 tariff quota concerned should be opened on 1 January 198d and allocated
 between the Member States ;
Whereas arrangements for the utilization of the
( i immunity tartlt quota based on an allocation among
Member States would seem to he consistent with the
Community nature of the quota ; whereas, to
correspond as closely as possible to the actual trend of
the market in the product in question , allocation of the
quota should be in proportion to the requirements of
the Member States as calculated by reference to
stanstics of imports from third countries during a
representative reference period and to the economic
outlook for the quota period in question ;
whereas as fish are concerned which are not seperately specified in the
statistical Keys of the Member States the available import figures
provided by them cannot be regarded as sufficiently exact or representa­
tive for use as a basis for the allocation referred to above ;
 ---pagebreak---     whereas the incomplete figures available together with the estimates
   made by the Member States allows the following percentage estimates
   to be made as to the import needs of each of them from non-member countries
    for the quota period envisaged :
           Bénélux                              21 . 99
           Denmark '                            19 , 06
           Germany                              13.20
           France -                                5.87
   <•      Ireland                                 0.29
           Italy                                24.93
           United Kingdom                       14.66 ;
  whereas , to take account of the possible import trends for these fish ,
  the quota volume 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      1" _
 of Member States which have used up their initial share;       N        -
 whereas, to give importers some degree of ccrtainty, the  '
 first instalment of the tariff quota should be fixed at a        -
 high level , which in this ease could be 80% of the                ■',
 amount of the quota;
 Whereas initial shares may be used up at different rates;
whereas to avoid disruption of supplies on this account
it should be provided that any Member State which has
 almost used up its initial share should draw an
addiiion.il share from the 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 quota period^
whereas this form of administration requires close
collaboration between - the Member States and the
Commission, and the Commission must 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;
ViTiereas if at a given date in the quota period a
considerable quantity of a Member State's initial share
remains unused it is essential that such State should
return a significant proportion thereof to the reserve, in
order to prevent a part of the Community tariff quota
from remaining unused in one Member State while it ■
could be used in others ;                        -
>XTiereas, sincc the Kingdom of Belgium, the Kingdom
ot the Netherlands and the Grand Duchy ■ of .
Luxembourg arc 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 carried out by any one of
 its members,
 ---pagebreak---                                                     3
  HAS ADOPTED THIS REGULATION :
                                 Article 1
  1 . From i January to 31 December 1980 a Community tariff quota of
  27 000 tonnes shall be opened within the Community for silver hake
  ( Merluccius bilinearis ) of subheading ex 03.01 B I q ) of the Common
 Customs Tari f f .
 2 . The Common Customs Tariff duty shall be suspended at the level of
 8 7, within this quota .
                         Article 2'
 1 . The Community tariff quota referred to in Article 1
 shall be divided into two instalments. -
2 . A first instalment of 1600 tonnes shall be
allocated among the Member States; the shares, which
subnet to Article 5 shall be valid until 31 December
 l l'80ihall be as follows:
                                     tonnes *
Bénélux                                352
Denmark                                305
Germany                                211
France                                  94
Ireland                                   5
Raly                                   399
United Kingdom                         234
3 . The second instalment of 400 tonnes shall constitute the reserve .
 ---pagebreak---                           Artici* J
1 . If a Member State has used 90% or more of its
initial share as fixed in Article 2 (2), or of that snare
minus any portion returned to the reserve pursuant to
Article 5 , it shall forthwith , by notifying the Commis­
sion, draw a second share, to the extent that the reserve
so permits, equal to10%«f '*s            shartf> founded up
as necessary to the next whole number. –
2 . If a Member State, after exhausting its initial share,
has used           or more of the second share drawn by it,
that Member State shall forthwith, in thrc manner and to
 the extent provided in paragraph 1 , draw a tmrd share
 equal to 5% of its initial share, rounded up as
 necessary to the next whole number.
 3. If a Member State, after exhausting its second share,
has used 90'!.. or more of the third share drawn by it,
 that Member State shall, in the manner and to the
 extent provided in paragraph 1 , draw a fourth share
 equal to the third.
  This process shall apply until the reserve is used up.
  4. By way of derogation from paragraphs 1 , 2 and 3, a
 'Member State may 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 4
 Additional shares drawn pursuant to Article 3 shall be
 valid until 31 December 19&0 .
                           Article 5
  Member States shall, not later than 1 October 1980
  return to the reserve the unused portion of their initial
  share which, on 15 September 19 gQis in excess of 20%
 ---pagebreak---                                                                 - 5 -
   of : ru- tnjrul v>!u'rne. They rn-sy return J ^ rcAXcr ponton
    it       r<: jre           for fx-Iiosnc that K may not be used
   if. tiiij
    M              Stjtr * vhjll . not later than 1 October \^s0,
   riotifv ihc ( < minnstii>n of the total quantities of the
   pruiu^r in quotum imported up to and including 15 *
   St-pii          r I''.30jnd charged against the ( ommimity
. tj'im i jn.i til joy portion ot their initial shares returned
   In the reserve .
                                   ArttiU 6
  The { ommisMon %HalJ keep an account of the shares
  opened Sv the Member States pursuant to Armies 2 and
   I ,ii ij shall , as soon as the information reaches it,
  inform c.uh State of the extent to which the reserve has
  been used up .
  It shall, not later than 5 October 1980/.'n^orm
  Member States of the amount still in reserve, following
  any return of shares pursuant to Article 5 .
  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
  Member State making the last drawing.
                                   Article 7
  1 . "Hie Member States shall takrf" all appropriate
 measures to ensure that additional shares drawn
 pursuant to ArttJe 3 are opened in such a way th.it
 importations may be charged without interruption
 against their accumulated shares of the Community
 l | UOt.l .
  2 . The Member States shall ensure that importers of
  the product in question established in their territory              '
 have free access to the shares allocated to them.
 3 . The Member States shall charge imports of the
product in question against their shares as and when the
product is entered with the customs authorities for
free circulation .
 4 . The extent to which a Member State has used up its
 share shall be determined on the basis of the imports
 charged in accordance with paragraph 3 .
 ---pagebreak---                                                                            Article 8
                                                   At the request of the Commission, the Member States
                                                   shall inform it of imports actually charged against their
                                                   shares.
                                                                           Article 9
                                                   The Member States and the Commission shall cooperate
                                                   closcly to ensure that this Regulation is complied with.
                                                                           Article 1 0
                                                   This Regulation shall enter into force on 1 January
                                                   1 9.80 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at
                                                                         For the Council
                                                                           The President
 ---pagebreak---                                              Proposal for a
                                      COUNCIL REGULATION ( EEC )
                       opening , allocating and providing for the
                       administration of a Community Tariff quota for
                       frozen cod fillets of subheading 03.01 B II b ) 1
                       of the Common Customs Tariff ( 1980 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community
 and in particular Articles 43 and 113 thereof .
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,
                        *
Whereas the Community has undertaken to open' an annual
tariff quota at 8 % duty for 10,000 tonnes of frozen cod fillets of sub­
*
heading 03.01 B II b ) 1 ; whereas the tariff quota concerned should be
opened on 1 January 1980 and allocated between the Member States ;
Whereas arrangements for the utilization of the ;
Community tariff quota based on an allocation among'
Member States would seem to be consistent with the
Community nature of the quota; whereas, to
correspond as closely as possible to the actual trend of
the market in the product in question, allocation of the
quota should be in proportion to the requirements of ~
the Member States as calculated by reference to
 statistics of imports from third countries during a
 representative reference period and to the economic
 outlook for the quota period in question;
 Whereas, during the last three years for which complete
 statistics are available, the corresponding imports into
 each of the Member States represented the following
  percentages of total imports of the product in question:
 ---pagebreak---                                                             - 2 -
                                        1976          1977         1978
Bénélux                             .   0.90          2.09
Denmark                                 0.49           1 « 38   " 2,04
Germany                                 1 . 04        6,68         2.45
France                                  1.61          3.12         2.14
Ireland                                      0              0         0
Italy                                   2 ( 03        3.55         1,13
                                      93,93         83 / 18       89,93 ,
VC'hi-rcas, in view of these factors and of market
forecasts                          (or 19 8Q , the initial
percentage shares in the quota volume can be expressed
roughly as follows:
      Bénélux                                     1.22
      Denmark                                     2.80
      Germany                                     6.55
      I-rance                                     2.80
      Ireland                                     0.01
                                                  2.43
       Italy
      United Kingdom                            84.19 ;
Whereas, to take account of future import trends for the
products concerned , the quota should be divided into
tvfco instalments , the first being allocated and the second
held as a reserve to cover any subsequent requirements
of Member States which have used up their initial share;
 whereas, to give importers some degree of certainty, the
 first instalment of the tariff quota should be fixed at a
 high level, which in this case could be 80 % of the
 amount of the quota;
 Whereas initial shares may be used up at different rates;
 whore.is to avoid disruption of supplies on this account
 it should be provided that any Member State which has
almost used up its initial share should draw an
 additional share from the 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 quota period;
  whereas this form of administration requires close
  collaboration between the Member States and the
  Commission, and the Commission must be in a position
  u> keep account of the extent to which the quotas have
  been used up and to inform the Member States
  accordingly;                                       '
 ---pagebreak---                                                           - 3 -
    Vt7ifrc.lv tf at a given date m the quota period a
   considerable quantity of a Manner State's initial share
   remains unused tt is essential that such State should
   rerum a significant proportion thereof tr> the reserve, in
   order to prevent a part of the Community tariff quota
. troin remaining unused in one Member State while it
   could be used in othc»;
   Vbhereas, since the Kingdom of Belgium, the Kingdom
   of the Netherlands and the Grand Duchy of
   Luxembourg arc united within and jointly represented
   by the Benelux Economic Union , any measure
   concerning the administration of the sharev allocated to
   that CIIMIIMNIC union. may be earned our by any one 0/
   it* members,
  HAS ADOPTED THIS REGULATION :
                               Article 1
         •*
 1 . From 1 January to 31 December 1980 a
 Community tariff quota of 10,000 tonnes
 shall be opened within the Community for
 frozen cod fillets of subheading 03.01 B II b ) 1
 of the Common Customs Tariff .
 2 . The Common Customs Tariff shall be
 suspended at the level of 8 X witfvin
thi s quota .
                          Article 2
 1 ., The Community tariff quota referred to in Article 1
 shall be dxvrJcJ trtta two instalments*
     \                                                          /■
 2. A first instalment of 8,000 tonncs shall be
 allocated among the Member States;, the shares* which
 subject to Article 5 shall be valid until 11 December
  lv8Q shall be av follows:
       \
 ---pagebreak---                                                              4
                                                  (tonnrs)
         Benelux                                      98
         Denmark                                    224 ,
                                                    524
        Germany
      . France                                      224
         Ircland                                       1
                                                    194
         Italy
        United Kingdom                          6,735
  3 . The second instalment of 2,000 tonnes shsLL
  constitute the reserve .
                             Article 3
  1 . If a Member State has used 90% or more of its
  initial share as fixed in Articic 2 (2), or of that share
  minus any portion returned to the reserve pursuant to
  Article .5 , it shall forthwith, by notifying the Commis­
  sion , draw a second share, to the extent that the reserve
  so permits, equal to1Q%of its initial share, rounded up
  as necessary to the next whole number.
  2. If a Member State, after exhausting its initial share,
  has used 90% or more of the second share drawn by it,
  that Member State shall forthwith, in the manner and to
  the extent provided in paragraph 1 , draw a third share ,,
  equal to 5% of its initial share, rounded up as
  necessary to the next whole number.
- 3 . If a Member State, after exhausting its second share,
  has used V()"/o or more of the third share drawn by it,
  that Member State shall , in the manner and to the
  extent provided in paragraph 1 , draw a fourth share
  equal to the third.
  This proccss shall apply until the reserve is used up.
  4. By way of derogation from paragraphs 1 , 2 and 3, a
  Member State may 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 4
 Addirional shares drawn pursuant to Articic 3 shall be
 valid until 31 December 1980 .
                             Article 5
  Member States shall , not later than 1 October 19S0
  return to the reserve the unused portion of their initial
  share which, on 15 September 1 ^8Qis in excess of 20"'a
 ---pagebreak---                                                      - 5 -
   of the initial volume. They may return j greater portion
   if there are grounds for helioing (hit it nuy not he used
   m full .
   Member Stares shall , not later than I October 19.*0
  notify the ( ommmiun of the total quantities of the
  prodiut in question imported up to and including 15
  September           jnJ th.ir>:ed .ij-,.iin\t the < ommunily
  quota and of any portion of their initial shares returned
  to the reserve.
                           Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and
 1 and- shall , as soon as the information reaches it,
inform each State of the extent to which the reserve has
been used up.
It shall , not later than 5 October 1               inform the
Member States of the amount still in reserve, following
any return of share* pursuant to Article 5.
It shall ensure that the drawing which exhausts the
reserve does not exceed the balancc available, and to
this end shall notify the amount of that balance to the
Member State making the last drawing.
                           Article •
  1 . The Member States shall take all appropriate
  measures      to ensure   that  additional      shares drawn
  pursuant to Article 3 are opened in such a way that
  importations may be charged without interruption
  against their accumulated shares of the Community
  quota .
       ■      "   \
  2. The Member States shall ensure that importers of
  the product in question established in their territory
  have free access to the shares allocated to them .
  3 . The Member States shall charge imports of the
  product in question against their shares as and when the
  product is entered with the customs authorities for free'
   circulation .
  4 . The extent to which a Member Stat has used up its
   share shall be determined on the basis of the imports
  charged in accordance with paragraph 3 .
 ---pagebreak---                                                      - 6 -
                                                                Article 8
                                        At the request of the Commission, the Member States
                                        shall inform it of imports actually charged against their
                                        shares.                   -
                                                                Article 9
                                        The Member States and the Commission shall cooperate
                                        closcly to ensure that this Regulation is complied with.
                                                              . Article 10
                                        This Regulation shall enter into force on 1 January
                                         19 8o ,          ■                       •
Thii Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at
                                                                         For the Council
                                                                           The President
                                                                                                 \