CELEX: 51982PC0585
Language: en
Date: 1982-09-22
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for silver hake (Merluccius bilinearis) falling within subheading ex 03.01 B I q) of the Common Customs Tariff (1983)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for frozen cod fillets falling within subheading 03.01 B II (b) of the Common Customs Tariff (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 585
Vol. 1982/0183
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82)585 final
                                                        Brussels , 22 September 1982
                                         Proposal for a
                             COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of
             a Community tariff quota for silver hake ( Merluccius
            bilinearis ) falling within subheading ex 03.01 B I q )
                       of the Common Customs Tariff ( 1983 )
                                         Proposal for a
                             COUNCIL REGULATION ( EEC )                c.           !
                                                                                     f
                                                             *                   ,.
                                                          , c^> V;' . r':}/
           opening , allocating
                             allocating and providing for ■'the administration
                                               providing for ■'the administration
                                                      \/      •           ■ y
              of a Community tariff quota for frozen cod fillets
                                         ■ / /     .  / V  e    ...     i   * S ii     .
                falling within subheading 03.01 B II ( b ) of the
                           Common Customs Tariff              ( 1983 )
                  ( submitted to the Council by the Commission )
  C0M(82 )  585 final
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
  . In the context of the.GATT multilateral negotiations / the Community .
    has undertaken to .open annually Community tariff quotas at 8% duty
    for 2 000 tonnes of silver hake ( Merluccius bi linearis ) ex 03.01 B I q )
    and 10 000 tonnes of. frozen cod fillets 03.01 B II b ) 1 .
 . The purpose of this proposal is to satisfy the obligations contracted
. by the Community by opening these tariff quotas for the period 1- January
    to 31 December 1983 and to provide for Greece 's share in their allocation
    among Member States .
. The Commission 's 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 consisting
      of a fairly large quantity , allocated among the Member States , and
      the second being a reserve intended ^o cover any supplementary needs ;
   - the al location 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 ,
   evolved as follows s                          •     . • ■ v
 ---pagebreak---                                                          - 2 -
              - Silver hake
              I Member State    I     1979                           1980              1981
              Í                   in tonnes                      in tonnes          in tonnes
                 Benelux                250                                             0
                 Denmark                684^                          112.2           130.8
                Germany                 155.5                         970
                Greece                          not        avai lable *-– --
                France                 200                            190              16,5
                Ireland                  42                                 0           0
                Italy                     0.4
                United Kingdom          52                             60
            1
            1
           u
                Frozen cod fillets
                                             '             :          . ι '
Member  State
                               1978                            1979                    1980
                          in t      in %          in t              in X         in t         in %
Benelux                      0        0               11           .0.25         48.90       0.52
Denmark                  276        26.44             74            1.70        468.60       4.99
Germany                    83        7.95        434               9.97       2 175.50      23.18
Greece                      0         0                  0         0              0          0
France                   117        11.21        723              16.61       1 410.30      15.30
Ireland                     0         0                  0         0              0          0
Italy                    393       37.64       . 953             21.88        1 011.90      10.78
United Kingdom           1.75      16.76      2  159             49.59        4 271.10     45.50
                      1  044                  4 354                           9 386.30
                                                  • I  ' '
 ---pagebreak---                                              -3-
       It can be . seen from the first table concerning silver hake that '
       import figures , which are not separately recorded in the statistics ,
      are incomplete and that therefore it is not possible to make - calcula­
      tions concerning the percentage of total Community, imports by individual
      Member States .
      Consequently such data may not be representative of import trends in each               t
     Member State . - However , by taking (account of requirement estimates put
      forward by the Member States , one can make the following percentages
     estimates of Member States' initial shares .
                                                                                   */
                                          • Silver hake                • Cod fillets
              Bénélux                          0.77 ,                         0.42
              Oenmark                         23.28                           8.55
              Germany        /.               42.20 '         • 'r           30.80
             Greece    ' V     * v."\      .! 0.0l " .       ; v ;'           0.09
           - France                *'   ' ' 14.8T : ■'             "         17.11
             Ireland                        M 0.3$ ; ' ' ^                    0.09
           - Italy                       • 0.69 •' .•                         0.17
             United Kingdom                   17.86 ' •        "             WZ.77
                                                          '                    1 '    ι . » '
                                      ,           \        ,         1   ' ,
4 . The proposed Regulations foresee the           greyhound system " as the only
    method of administration to.be applied by the Member States .. :*
 ---pagebreak---                                                     PROPOSAL FOR A
                                  COUNCIL REGULATION (EEC) No . . . /82
                                                 of              1982
             opening, allocating and providing for the administration of a Community tariff
             quota for silver hake (Merluccius bilinearis) falling within subheading ex 03.01 B
                                    I q) of the Common Customs Tariff (1983 )
THE COUNCIL OF THE EUROPEAN                                 Whereas since the fish concerned are not separately
COMMUNITIES,                                                specified in the statistical nomenclatures of the
                                                            Member States, the available import figures provided
                                                            by them cannot be regarded as sufficiently exact or
Having regard to the Treaty establishing the European       representative for use as a basis for the allocation
Economic Community, and in particular Article 113           referred to above ; whereas the incomplete figures
thereof,                                                    available together with the estimates made by the
                                                            Member States allow the following percentage esti­
                                                            mates to be made as to the import needs of each of
Having regard to the proposal from the Commission,          them from third countries for the quota period envis­
                                                            aged :
Whereas the Community has undertaken to open an
annual Community tariff quota at 8 % duty for 2 000                 Benelux                              0-77
tonnes of silver hake (Merluccius bilinearis), falling              Denmark                             23-28
within subheading ex 03.01 B I q) of the Common                     Germany                             42-20
Customs Tariff ; whereas the tariff quota concerned                 Greece                               0-01
                                                                    France                              14-81
should be opened on 1 January 198 3 and allocated
between the Member States ;                                         Ireland                              0-38
                                                                    Italy                                0-69
                                                                    United Kingdom                      17-86
Whereas under Article 64 of the Act of Accession of
1979, Greece is required to apply in full the Common
Customs Tariff duty in respect of the product in ques­      Whereas, to take account of the possible import
tion as from 1 January 1981 ; whereas, therefore , as       trends for these fish, the quota volume should be
from that date, it is necessary to cover, in favour of the  divided into two instalments, the first being allocated
tariff quotas in question, the requirements of that         between the Member States and the second held as a
Member State during the quota period ;                      reserve to cover any subsequent requirements of
                                                            Member States which have used up their initial share ;
Whereas equal and continuous access to the quota
should be ensured for all Community importers and
the rate of levy for the tariff quota should be applied     Whereas, to give importers some degree of certainty,
consistently to all imports until the quota is used up ;    the first instalment of the tariff quota should be fixed
whereas, in the light of the principles outlined above,     at a high level, which in this case could be 65-5 % of
                                                            the amount of the quota ;
a Community tariff arrangement based on an alloca­
tion between the Member States would seem to
preserve the Community nature of the quota ;
whereas, to represent as closely as possible the actual     Whereas initial shares may be used up at different
development of the market in the said goods, the allo­      rates ; whereas to avoid disruption of supplies on this
cation should follow proportionately the requirements       account it should be provided that any Member State
of the Member States calculated both from statistics of     which has almost used up its initial share should draw
imports from third countries during a representative        an additional share from the reserve ; whereas each
reference period and according to the economic              time its additional share is almost used up a Member
outlook for the tariff year in question ;                   State should draw a further share and so on as many
 ---pagebreak---                                                       -2-
    times as the reserve allows ; whereas the initial and                               Article 3
    additional shares should be valid until the end of the
    quota period ; whereas this form of administration         1.     If a Member State has used 90 % or more of its
    requires close collaboration between the Member            initial share as fixed in Article 2 (2), or of that share
    States and the Commission and the Commission must
                                                               minus any portion returned to the reserve pursuant to
    be in a position to keep account of the extent to          Article 5, it shall forthwith, by notifying the Commis­
   which the quotas have been used up and to inform            sion , draw a second share, to the extent that the
   the Member States accordingly ;
                                                               reserve so permits, equal to 10% of its initial share,
   Whereas, if at a given date in the quota period a           rounded up as necessary to the next whole number.
   considerable quantity of a Member State's initial share
   remains unused it is essential that such State should       2.     If a Member State, after exhausting its initial
   return a significant proportion thereof to the reserve,    share , has used 90 % or more of the second share
   in order to prevent a part of the Community tariff         drawn by it, that Member State shall fothwith, in the
   quota from remaining unused in one Member State            manner and to the extent provided in paragraph 1 ,
   while it could be used in others ;                         draw a third share equal to 5 % of its intial share,
                                                              rounded up as necessary to the next whole number.
  Whereas, since       the  Kingdom     of   Belgium, the
   Kingdom of the Netherlands and the Grand Duchy of
  Luxembourg are united within and jointly represented        3.     If a Member State , after exhausting its second
  by the Benelux Economic Union, any measure                  share, has used 90 % or more of the third share drawn
  concerning the administration of the shares allocated       by it, that Member State shall, in the manner and to
  to that economic union may be carried out by any            the extent provided in paragraph 1 , draw a fourth
  one of its members,                                        share equal to the third.
                                                             This process shall apply until the reserve is used up.
  HAS ADOPTED THIS REGULATION :
                                                             4.      liv way of derogation from paragraphs 1 , 2 and
                           Article I                         3 , a Member State may draw shares lower than those
                                                             specified in those paragraphs if there are grounds for
  1 . From 1 January to 31 December 1983 a Commu­            believing that those specified may not be used in full.
  nity tariff quota of 2 000 tonnes shall be opened          Any Member State applying this paragraph shall
 within the Community lor silver hake (Mer)uccius bili-      inform the Commission of its grounds for so doing.
 nearis), falling within subheading ex 03.01 B I q) of
 the Common Customs Tariff.
                                                                                       Article 4
 2.      The Common Customs Tariff duty shall be
 suspended at the level of 8 % within this tariff quota.
                    1
                                                            Additional shares drawn pursuant to Article 3 shall be
                           Artide 2                         valid until 31 December 198'3
 1.     The Community tariff quota referred to in
 Article I shall be divided into two instalments.
                                                                                       Artide )
 2.     A first instalment of I 310 tonnes shall be allo­
 cated among certain Member States ; the shares, which      Member States shall , not later than 1 October 1983
 subject to Article 5 shall be valid from 1 January to 31   return to the reserve the unused portion of their initial
 December 198 "? shall be as follows :                      share which, on 15 September 198j is in excess of
                  J/
                                                            20 % of the initial volume.
                                             (tonneij
          Benelux                                10
          Denmark                               305
                                                           They may return a greater portion if there are grounds
          Germany                               552
                                                           for believing that it may not be used in full.
          Greece                                  1
          France                                194
          Ireland                                 5        Member States shall, not later than 1 October 198 3
          Italy                                   9        notify the Commission of the total quantities of the
          United Kingdom                       234         product in question imported up to and including 15
                                                           September 19X3 and charged against the Community
3.      The second instalment of 690 tonnes shall consti­  quota and of any portion of their initial shares
tute the reserve .                                         leturned to the reserve.
 ---pagebreak---                         Article 6                           3. The Member States shall charge imports of the
                                                            product in question against their shares as and when
The Commission shall keep an account of the shares          the product is entered with the customs authorities for
opened by the Member States pursuant to Articles 2          free circulation .
and 3 and shall , as soon as the information reaches it,
inform each State of the extent to which the reserve
                                                            4.    The extent to which a Member State has used up
has been used up.                                           its share shall be determined on the basis of the
It shall, not later than 5 October 198 3 inform the         imports charged in accordance with paragraph 3.
Member States of the         amount still   in  reserve,
following any return of shares 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 request of the Commission, the Member States
this end shall notify the amount of that balance to the     shall inform it of imports actually charged against
Member State making the last drawing.                       their shares .
                        Article 7
                                                                                      Article 9
1.    The Member States shall take all appropriate
measures   to  ensure   that  additional shares  drawn      The    Member      States  and    the Commission  shall
pursuant to Article 3 are opened in such a way that         cooperate closely to ensure that this Regulation is
importations may be charged without interruption            complied with.
against their accumulated shares of the Community
quota .
                                                                                      Article 10
2. The Member States shall ensure that importers
of the product in question                                  This Regulation shall enter into force on 1 January
     have free access to the shares allocated to them .     198 3 ,
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels,                '^2 .
                                                                        For the Council
                                                                           The President
 ---pagebreak---                                                     PROPOSAL FOR A
                                   COUNCIL REGULATION ( EEC) No                   782
                                                 of              1982
              opening, allocating and providing for the administration of a Community tariff
              quota for frozen cod fillets falling within subheading 03.01 B II b) 1 of the
                                           Common Customs Tariff (1983J
THE COUNCIL OF THE EUROPEAN                                                                1978               1979    J_98°
 COMMUNITIES,
                                                           Bénélux                            G                 0,25     0,52
                                                           Denuark                           26 , kk             1,70    *». 99
 Having regard to the Treaty establishing the European     Germany                            7,95              9,97    23,18
 Economic Community, and in particular Article 113         Greece                             O                O         0
thereof,                                                   France                            11,21           16 , 61    15,30
                                                           Ireland                            O                O         0
                                                           Italy                            37 , 6*+         21,88     10,78
Having regard to the proposal from the Commission,         United Kingdom                   16,76            ^9,59     *+5,50
Whereas the Community has undertaken to open an
annual Community tariff quota at 8 % duty for               Whereas, in view of these factors and of market fore­
 10 000 tonnes of frozen cod fillets, falling within        casts for this product for 1983,the initial percentage
subheading 03.01 B II b) 1 of the Common Customs            shares in the quota volume can be expressed approxi­
Tariff ; whereas the tariff quota concerned should be       mately as follows :
opened on 1 January 1983 and allocated between the
Member States :
                                                                     Benelux                               0-42
                                                                     Denmark                               8-55
                                                                     Germany                             30-80
Whereas under Article 64 of the 1979 Act of Acces­                   Greece                                009
sion, Greece is required to apply in full the Common                 France                              1 7-1 1
Customs Tariff duty in respect of the product in ques­               Ireland                               009
tion as from 1 January 1981 ; whereas therefore, as                  Italy                                 017
from that date, it is necessary to cover, in favour of the           United Kingdom                      42-77
tariff quotas in question, the requirements of that
Member State during the quota period ;
                                                            Whereas, to take account of future import trends for
                                                            the products in question in the various Member States,
Whereas equal and continuous access to the quota            the quota should be divided into two instalments, the
should be ensured for all Community importers and           first being allocated among Member States and the
the rate of levy for the tariff quota should be applied     second held as a reserve to cover subsequently the
consistently to all imports until the quota is used up ;    requirements of Member States which have exhausted
whereas, in the light of the principles outlined above,     their initial share ; whereas, to give importers in each
a Community tariff arrangement based on an alloca­          Member State some degree of certainty, the first instal­
tion between the Member States would seem to                ment of the Community quota should be fixed at a
preserve the Community nature of the quota ;                relatively high level, in this case approximately 58 %
whereas, to represent as closely as possible the actual     of the full quota ;
development of the market in the said goods, the allo­
cation should follow proportionately the requirements
of the Member States calculated both from statistics of     Whereas Member States may exhaust their initial
imports from third countries during a representative        shares for the products in question at different rates ;
reference period and according to the economic              whereas to avoid disruption of supplies on this
outlook for the tariff year in question ;                   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 this
Whereas, during the last three years for which              must be done by each Member State as and when
complete statistics are available, the corresponding        each of its additional shares is almost entirely used up,
imports into each of the Member States represented          and repeated as many times as the reserve allows ;
the following percentages of total imports of the           whereas the initial and additional shares must be avail­
product in question :                                       able for use until the end of the quota period ;
 ---pagebreak---                                                             - 2 -
   whereas this method of administration calls for close          Article 5, it shall forthwith, by notifying the Commis­
   cooperation between Member States and the Commis­              sion, draw a second share, to the extent that the
   sion which latter must, in particular, be able to              reserve so permits, equal to 10 % of its initial share
   observe the extent to which the quota amount is used           rounded up should the occasion arise to the nearest
   and inform Member States thereof ;                             unit above.
   Whereas if, at a specified date in the quota period, a
   considerable balance remains in one or other Member            2.    If a Member State, after exhausting its initial
   State it is essential that that Member State pay a large       share, has used 90 % or more of the second share
  amount of it back into the reserve, in order to avoid a         drawn by it, that Member State shall forthwith, in the
   part of the Community quota remaining unused in                manner and to the extent provided in paragraph 1 ,
  one Member State when it could be used in others ;              draw a third share, equal to 5 % of its initial share
                                                                  rounded up should the occasion arise to the nearest
  Whereas, since the Kingdom of Belgium, the                      unit above.
  Kingdom of the Netherlands and the Grand Duchy of
  Luxembourg are united within and jointly represented            3.    If a Member State, after exhausting its second
  by the Benelux Economic Union, all transactions                share, has used 90 % or more of the third share drawn
  concerning the administration of the shares allocated          by it, that Member State shall, under the same condi­
  to that economic union may be carried out by any               tions, draw a fourth share equal to the third.
  one of its members,
                                                                 This process shall continue until the reserve has been
                                                                 exhausted .
  HAS ADOPTED THIS REGULATION :
                                                                 4.    By way of derogation from paragraphs 1 , 2 and
                            Article Î                            3, a Member State may draw shares lower than those
                                                                 specified in those paragraphs if there are grounds for
  1.    From 1 January to 31 December 1983 a Commu­              believing that those specified may not be used in full.
  nity tariff quota of 10 000 tonnes shall be opened            Any Member State applying this paragraph shall
 within the Community for frozen cod fillets, failing            inform the Commission of its ground for so doing.
 within subheading 03.01 B II b) 1 of the Common
 Customs Tariff.
 2.     The Common Customs Tariff duty shall be                                            Article 4
 suspended at the level of 8 % within this tariff quota.
                                                                Additional shares drawn pursuant to Article 3 shall he
                           Article 2                            valid until 31 December 1 983
 1.     The Community tariff quota referred to in
 Article 1 shall be divided into two instalments .                                        Article 5
 2.     A first instalment of 5 845 tonnes shall be allo­       Member States shall, not later than 1 October 1 983
 cated among the Member States ; " the shares, which            return to the reserve the unused portion of their initial'
 subject to Article 5 shall be valid from I January to 31       share which, on 15 September 1 98 3^,is in excess of
 December 1 98 3 -shall be as follows :                         20 % of the initial volume. They may return a greater
                                            (tonnes) •
                                                                portion if there are grounds for believing that it may
                                                                not be used in full .
           Bénélux                               25
           Denmark                              500
           Germany                            ) 800             Member States shall, not later than 1 October 1983 ,
           Greece                                 5             notify the Commission of the total quantities of the
         » France                             1 000             product in question imported up to and including 15
           Ireland                                5
                                                               September 1983 and charged against the Community
                                                               quotas and of any portion of their initial shares
           Italy                                 10            returned to the reserve .
           United Kingdom                    2 500
3.     The second instalment of 4 155 tonnes shall
constitute the reserve.                                                                   Article 6
                           Article 3                           The Commission shall keep an account of the shares
                                                               opened by the Member States pursuant to Articles 2
1.     If a Member State has used 90 % or more of its          and 3 and shall, as soon as the information reaches it,
initial share as fixed in Article 2 (2), or of that share      inform each State of the extent to which the reserve
minus any portion returned to the reserve pursuant to          has been used up.
 ---pagebreak---                                                       - 3 -
 It shall, not later than 5 October 1983 /nform the          the product is entered with the customs authorities for
Member State of the amount still in reserve following        free circulation .
any return of shares pursuant to Article 5.
                                                             4.    The extent to which a Member State has used up
It shall ensure that when an amount exhausting the           its share shall be determined on the basis of the
reserve is drawn the amount so drawn does not exceed
                                                             imports charged in accordance with paragraph 3.
the balance available, and to this end shall notify the
amount of that balance to the Member State making
the last drawing.                                                                    Article 8
                         Article 7                           At the request of the Commission, the Member States
                                                             shall inform it of imports actually charged ngainst
1.    Member      States  shall   take  all appropriate      their shares.
measures to ensure       that additional shares drawn
pursuant to Article 3 are opened in such a way that
                                                                                     Article 9
importations may be charged without interruption
against their accumulated shares of the Community            The    Member States     and   the Commission     shall
quota.
                                                             cooperate closely to ensure that this Regulation is
2.    The Member States shall ensure free access to          complied with.
the shares which have been allocated to them for
importers of the said product.
                                                                                    Article 10
3.    The Member States shall charge imports of the          This Regulation shall enter into force on 1 January
product in question against their shares as and when         1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                         For the Council
                                                                           The President