CELEX: 31978R0964
Language: en
Date: 1978-05-08 00:00:00
Title: Council Regulation (EEC) No 964/78 of 8 May 1978 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 1978 to 30 June 1979)

13 . 5. 78                        Official Journal of the European Communities                           No L 125/ 1
                                                           I
                                         (Acts whose publication is obligatory)
                                   COUNCIL REGULATION (EEC) No 964/78
                                                    of 8 May 1978
               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 1978 to 30 June 1979)
 THE COUNCIL OF THE EUROPEAN                                   terrupted application of the rate laid down for that
 COMMUNITIES,                                                  quota to all imports of the products concerned into all
                                                               Member States until the quota has been used up ;
 Having regard to the Treaty 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
                                                               do not give a clear picture of the market situation for
 Having regard to the draft Regulation submitted by            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 past
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 States, 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                whereas, in order to take into account import trends
Tariff, intended for curing or skinning or for use in         for the products concerned, the quota amount should
 the industrial manufacture of products falling within        be divided into two instalments, the first instalment
 heading No 16.04 ; whereas the processing industries         being allocated, and the second forming a reserve
 in the Community consequently depend to a large              intended subsequently to cover the requirements of
extent on imports for their supplies of eels ; whereas        the Member States which have used up their initial
from 1 July 1978 to 30 June 1979 the application of           shares ; whereas, in order to ensure a certain degree of
the autonomous Common Customs Tariff duty should              security for importers, the first instalment of the
therefore be suspended totally on imports of the rele­        Community tariff quota should be fixed at a level
vant products up to an appropriate quantitative limit ;       which, under present circumstances, may be 80 % of
whereas, the introduction of a Community measure of           the quota amount ;
this nature is unlikely to harm Community produc­
tion ;
                                                              Whereas the initial shares may be used up at different
                                                              rates ; whereas, in order to take this fact into account
Whereas current demand not met by Community
                                                              and to avoid any break in continuity, any Member
production which must therefore be met by imports,
                                                              State which has almost used up its total initial share
can be estimated at 6 100 tonnes for the period 1 July        should draw an additional share from the reserve ;
1978 to 30 June 1979 ; whereas a tariff quota for the
                                                              whereas this must be done by each Member State as
relevant types of eel should therefore be opened for          and when each of its additional shares is almost
this period on the conditions set out above ; whereas
                                                              entirely used up, and repeated as many times as the
the fixing of the quota volume at this level does not,        reserve allows ; whereas the initial additional shares
however, prevent its readjustment during the quota
                                                              must be valid until the end of the quota period ;
period ;
                                                              whereas this method of administration requires close
                                                              cooperation between Member States and the Commis­
Whereas it is in particular necessary to ensure to all        sion, which must be able to keep account of the
importers in the Member States equal and uninter­             extent to which the quota amount has been used up
rupted access to the abovementioned quota and unin­           and to inform the Member States accordingly.
 ---pagebreak--- No L 125/2                          Official Journal of the European Communities                              13 . 5. 78
Whereas if, at a given date in the quota period, a                                     Article 3
considerable balance remains in one or other Member
State it is essential, to prevent a part of the Commu­         1.   If 90 % or more of a Member State's initial share
nity tariff quota from remaining unused in one                as fixed in Article 2 ( 1 ), or of that share minus any
Member State while it could be used in others, that
                                                              portion returned to the reserve where Article 5 has
that Member State should return a significant propor­         been applied, has been used up, that Member State
tion thereof to the reserve ;
                                                              shall forthwith, by notifying the Commission, draw a
                                                              second share, to the extent that the reserve so permits,
Whereas, since the Kingdom of Belgium, the                    equal to 1 5 % of its initial share, rounded up as neces­
Kingdom of the Netherlands and the Grand Duchy of             sary to the next whole number.
Luxembourg are united within and jointly represented
by the Benelux Economic Union, any measure
                                                              2.    If, after its initial share has been exhausted,
concerning the administration of the shares allocated
to that economic union may be carrried out by any             90 % or more of the second share drawn by a
one of its members,                                           Member State has been used up, that Member §tate
                                                              shall forthwith, by notifying the Commission, draw a
                                                              third share equal to 7-5 % of its initial share, rounded
                                                              up as necessary to the next whole number, to the
                                                              extent that the reserve so permits.
HAS ADOPTED THIS REGULATION :
                                                              3.    If, after its second share has been exhausted,
                                                              90 % or more of the third share drawn by a Member
                          Article 1                           State has been used up, that Member State shall, in
                                                              the manner provided in paragraph 2, draw a fourth
1.      During the period 1 July 1978 to 30 June 1979,        share equal to the third.
a Community tariff quota of 6 100 tonnes shall be
opened for fresh eels (live or dead) chilled or frozen,       This procedure shall apply until the reserve is used
falling within subheading ex 03.01 A II of the                up.
Common Customs Tariff, intended for curing or skin­
ning or for use in the industrial manufacture of
products falling within heading No 16.04.                     4. By way of derogation from paragraphs 1 , 2 and
                                                              3, Member States may draw lesser shares than those
Control of the use for this special purpose shall be          specified therein if there are grounds for believing
carried out pursuant to the relevant Community provi­         that those specified may not be used in full. They
                                                              shall inform the Commission of their reasons for
sions .
                                                              applying this paragraph.
2. Within the limits of this tariff quota, the
Common Customs Tariff duty shall be totally
suspended.                                                                             Article 4
                                                              Additional shares drawn pursuant to Article 3 shall be
                          Article 2                           valid until 30 June 1979 .
1.     A    first instalment  of  4 900   tonnes     of this
Community tariff quota shall be allocated among the                                    Article 5
Member States. Member States' shares, which, subject
to Article 5, shall be valid from 1 July 1978 to 30
June 1979, shall consist of the following amounts :           Member States shall return to the reserve, not later
                                            (tonnes)          than 1 May 1979, the unused portions of their initial
         Benelux                             1 600            shares which, on 15 April 1979, are in excess of 20 %
         Denmark                               996            of the initial amounts. They may return a greater
        Germany                              2 020            portion if there are grounds for believing that such
         France                                 56            portion may not be used in full.
         Ireland                                 4
         Italy                                  24
                                                              Member States shall notify the Commission, not later
        United Kingdom                         200
                                                              than 1 May 1979 of the total quantities of the
                                                              products in question imported up to and including 15
                                                              April 1979, and charged against the Community
2.    The second instalment of 1 200 tonnes shall             quota and of any portion of their initial shares
constitute the reserve .                                      returned to the reserve.
 ---pagebreak--- 13 . 5 . 78                          Official Journal of the European Communities                        No L 125/3
                          Article 6                            3. Member States shall charge imports of the
                                                               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 home use .
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 1979, 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
                                                               At the Commission's request, Member States shall
this end shall notify the amount of that balance to the
                                                               inform it of the imports actually charged against their
Member State making the last drawing.                          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 1 July 1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 May 1978 .
                                                                           For the Council
                                                                             The President
                                                                            P. DALSAGER