CELEX: 31975R2888
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2888/75 of the Council of 29 October 1975 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 (1976)

12. 11.75                               Official Journal of the European Communities                           No L 292/35
                                  REGULATION (EEC) No 2888/75 OF THE COUNCIL
                                                      of 29 October 1975
                on the opening, allocation and administration of a Community tariff quota for certain
                  eels falling within subheading ex 03.01 All of the Common Customs Tariff (1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          should therefore be opened for 1976 on the
                                                                   conditions set out above ;
                                                                   Whereas it is in particular necessary to ensure to all
Having regard to the Treaty establishing the                       importers in the Member States equal and
European Economic Community, and in particular                     uninterrupted access to the abovementioned quota
Article 28 thereof;                                                and uninterrupted application of the rate laid down
                                                                   for that quota to all imports of the products
                                                                   concerned into all Member States until the quota
 Having regard to the proposal from the Commission ;               has been used up ; whereas, in the light of these
                                                                   principles, the Community nature of the quota can
                                                                   be respected by allocating the tariff quota among
                                                                   the Member States listed below ; whereas statistics
Having regard to the Opinion of the European                       available for these products do not give a clear
Parliament (x);                                                    picture of the market situation for them ; whereas,
                                                                   therefore, it is not possible to allocate the quota
                                                                   among the Member States on the basis of import
Whereas eel fishing has been prohibited or has be­                 trends for the relevant products over the past few
come impossible in certain Community production                    years ; whereas, however, according to the estimates
centres ; whereas this has led to a drop in Community              put forward by the Member States, initial shares may
production of eels in general and particularly of                  be fixed at the quantities set out in Article 2 ;
fresh eels (live or dead), chilled or frozen, falling
within subheading ex 03.01 A II of the Common
Customs Tariff, intended for curing or skinning or                 Whereas, in order to take into account import trends
for use in the industrial manufacture of products                  for the products concerned, the quota amount should
falling within heading No 16.04 ; whereas the                      be divided into two tranches, the first tranche being
processing industries in the Community consequently                allocated, and the second forming a reserve intended
depend to a large extent on imports for their supplies             subsequently to cover the requirements of the Mem­
of eels ; whereas for 1976 the application of the                  ber States which have used up their initial shares ;
autonomous Common Customs Tariff duty should                       whereas, in order to ensure a certain degree of
therefore be suspended totally on imports of the                   security for importers, the first tranche of the
relevant products up to an appropriate quantitative                Community tariff quota should be fixed at a level
limit; whereas, within this limit, the new Member                  which, under present circumstances, may be
States should apply customs duties as provided in, the             approximately 91 % of the quota amount;
Act of Accession (2); whereas, the introduction of
a Community measure of this nature is unlikely to
harm Community production ;                                        Whereas the initial shares may be used up at
                                                                   different rates ; whereas, in order to take this fact
                                                                   into account and to avoid any break in continuity,
                                                                   any Member State which has almost used , up its
Whereas current demand not met by Community                        total initial share should draw an additional share
production, which must therefore be met by imports,                from the reserve ; whereas this must be done by each
can be estimated at 5 700 metric tons for 1976 ;                   Member State as and when each of its additional
 whereas a tariff quota for the relevant types of eel              shares is almost entirely used up, and repeated as
                                                                   many times as the reserve allows ; whereas the initial
                                                                   additional shares must be valid until the end of the
(x) Opinion delivered on 17 October 1975 (not yet published        quota period ; whereas this method of administration
     in the Official Journal).                                     requires close cooperation between Member States
( 2) OJ No L 73 , 27. 3 . 1972 , p. 14.                            and the Commission, which must be able to keep
 ---pagebreak--- No L 292/36                         Official Journal of the European Communities                                12. 11.75
account of the extent to which the quota amount                until 31 December 1976, shall consist of the following
has been used up and to inform the Member States               amounts :
accordingly;
                                                                                                        in metric tons
                                                                        Benelux                              1600
Whereas if, at a given date in the quota period, a
considerable balance remains in one or other Member                    Denmark                              1000
State it is essential, to prevent a part of the
Community tariff quota from remaining unused in                         Germany                             2 200
one Member State while it could be used in others,                      France                                 100
that that Member State should return a significant
proportion thereof to the reserve ;                                     Ireland                                 10
                                                                       Italy                                    90
Whereas, since the Kingdom of Belgium, the Kingdom                     United Kingdom                         200
of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly                       2. The second tranche of 500 metric            tons   shall
represented by the Benelux Economic Union, any                 constitute the reserve.
measure concerning the administration of the shares
allocated to that Economic Union may be carried out
by any one of its members,
                                                                                         Article 3
                                                               1 . If 90% or more of a Member State's initial
HAS ADOPTED THIS REGULATION :
                                                               share as fixed in Article 2 ( 1 ), or of that share minus
                                                               any portion returned to the reserve where Article 5
                                                               has been applied, has been used up, that Member
                                                               State shall forthwith, by notifying the Commission,
                                                               draw a second share, to the extent that the reserve
                       Article 1
                                                               so permits, equal to 15% of its initial share, rounded
                                                               up as necessary to the next whole number.
1 . During the period 1 January to 31 December
 1976, a Community tariff quota of 5 700 metric tons
shall be opened for fresh eels (live or dead) chilled or       2. If, after its initial share has been exhausted, 90%
frozen, falling within subheading ex 03.01 A II of the         or more of the second share drawn by a Member
Common Customs Tariff, intended for curing or                  Stace has been used up, that Member State shall
skinning or for use in the industrial manufacture of           forthwith, by notifying the Commission, draw a
products falling within heading No 16.04, under                third share equal to 7-5% of its initial share, rounded
conditions to be determined by the competent                   up as necessary to the next whole number, to the
authorities .                                                  extent that the reserve so permits.
2. Within the limits of this tariff quota, the Common          3 . If, after its second share has been exhausted, 90%
Customs Tariff duty shall be totally suspended.                or more of the third share drawn by a Member
                                                               State has been used up, that Member State shall, in
                                                               the manner provided in paragraph 2, draw a fourth
3 . The new Member States shall apply duties                   share equal to the third.
calculated in accordance with the relevant provisions
of the Act of Accession within this quota.
                                                               This procedure shall apply until the reserve is used
                                                               up .
                        Article 2
                                                               4. By way of derogation from paragraphs 1 , 2 and 3 ,
                                                               Member States may draw lesser shares than those
 1 . A first tranche of 5 200     metric    tons of  this       specified therein if there are grounds for believing
 Community tariff quota shall be allocated among the            that those specified may not be used in full. They
Member States. Member States' shares, which,                    shall inform the Commission of their reasons for
subject to Article 5, shall be valid from 1 January             applying this paragraph.
 ---pagebreak---  12. 11.75                        Official Journal of the European Communities                            No L 292/37
                       Article 4                                                      Article 7
Additional shares drawn pursuant to Article 3 shall           1 . Member     States   shall   take   all   appropriate
 be valid until 31 December 1976.                            measures to ensure that additional shares           drawn
                                                              pursuant to Article 3 are opened in such a way that
                                                              imports may be charged without interruption against
                        Article 5                             their aggregate shares of the Community quota.
 Member States shall return to the reserve, not later        2. Member States shall ensure that " importers of
than 1 September 1976, the unused portions of their          the products in question established in their territory
initial shares which, on 15 August 1976, are in excess        have free access to the shares allocated to them .
of 20% of the initial amounts. They may return a
greater portion if there are grounds for believing that      3 . Member States shall charge imports of the
such portion may not be used in full.                        products in question against their shares as and when
                                                             the products are entered with the customs authorities
                                                             for home use.
Member States shall notify the Commission, not
later than 1 September 1976, of the total quantities
of the products in question imported up to and               4. The extent to which a Member State has used
including 15 August 1976, and charged against the             up its share shall be determined on the basis of the
Community quota and of any portion of their initial          imports charged against that share in accordance
shares returned to the reserve.                               with paragraph 3 .
                                                                                     Article 8
                       Article 6
                                                             At the Commission's request, Member States shall
The Commission shall keep an account of the shares           inform it of the imports actually charged against their
opened by the Member States pursuant to Articles              shares .
2 and 3 and, as soon as it has been notified, shall
inform each State of the extent to which the reserve
has been used up.                                                                    Article 9
It shall inform the Member States, not later than            Member States and the Commission shall cooperate
5 September 1976, of the amount still in reserve after       closely to ensure that this Regulation is complied
amounts have been returned thereto pursuant to               with .
Article 5 .
It shall ensure that the drawing which exhausts the                                  Article 10
reserve does not exceed the balance available, and
to this end shall notify the amount of that balance          This Regulation shall enter into force on 1 January
to the Member State making the last drawing.                  1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 29 October 1975.
                                                                                For the Council
                                                                                  The President
                                                                                 G. MARCORA