CELEX: 51980PC0647
Language: en
Date: 1980-11-04
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 (1981)#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) 1 of the Common Customs Tariff (1981) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 647
Vol. 1980/0206
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(80)647 final
                                            Brussels , 4th November 1980
                PROPOSAL FOR A COUNCIL REGULATION ( EEC )
       opening, allocating and providing for the administration
             of a Community tariff , quota for silver hake
 ( Merluccius bi linearis ) falling within subheading ex 03.01 B I q )
                  of the Common Customs Tariff ( 1981 )
                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 ) 1
                   of the Common Customs Tariff   ( 1981 )
             ( presented by the Commission to the Council )
                                          Λ.
                                         Λ-
                                        Ι<·  ■
                                                                 y
                                         \                     .7
 C0M(80 ) 647 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 1981 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 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 ,
evolved as follows :
 ---pagebreak--- - Si Iver hake
Member State                    1977                     1978                  1979
                         in tonnes                 in tonnes               in tonnes
Bénélux                          750                       775                  250
Denmark                                                    610                  684
Germany                          360                       433                   155,5
Greece                                         not available
France                        4 000 ( 1 )                5 600 ( 1 )            200
Ireland                            7,9                        4,6                 42
Italy                                                      841                     0,4
United Kingdom                4 375    C1 )              3 119 ( 1 )              52
( 1 ) Figure for imports of all types of hake .
- Frozen cod fillets
Member State          !         1977                   - 1978                  1979
                           in        in %          in          in %       in         in %
                           tonnes                  tonnes ■               tonnes
Benelux                       793       2,09         1· 190       2,31       966          1,93
Denmark                       523       ] , 38       1.050        2.04       105          0,21
Germany                   2 530         6.68         ι , 26σ      2.45   2.139            4,28
Greece
France                    1   181       3,12        1 . 102       2,14 "1 56§             §, 13
Ireland                          0           0             0         0         0          0
Italy                     1 . 346       3„55             582      1,13       953   ·      1 4 90
United Kingdom          31 512        83 , 18      46 326       89,93   44 300          88,55
                        37.885                     51    510            50,029
                                               «
 ---pagebreak---                                                     f
                                   - 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
    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 and Greece 's share , which
     could initially be limited to the opportunity to draw from the Community
     reserve , if need be , in the case of silver hake :
                                       Silver hake         Cod f i llets
            Bénélux                       21,99                 1,79
            Denmark                        19,06                0,94
            Germany                        13,20                4,16
            Greece                                              0-01
            France                          5~U7
                                                                6,13
            Ireland                         0,29              , 0.01
            Italy                         2 A , 9.)             1,71
            United Kingdom                 14,66              85,25
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) L
                   opening, allocating and providing for the administration of a Community tariff quota for i
                   silver hake (Merluccius bilinearis) falling within subheading ex 03.01 B I q) of the Common ;
                                                         Customs Tariff ( 19^1 )            >
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European
    Economic Community, and in particular Article 113 -
    thereof,                                         '
    Having regard to the proposal from the Commission,
                                                                   I
    Whereas the Community has undertaken to open an                   i
    annual Community tariff quota at 8% duty for 2 000
     tonnes of silver hakcCMefluccius bilinearis), falling !
     within subheading cx 03.01 B I q) of the Common                                                           •
    Customs Tariff; whereas the tariff quota concerned .
    should be opened on 1 January 198 1 and allocated
    between the Member States;
  Whereas                   under                 Article 64 of the Act of Accession of
  Greece^, that country required, in respect of the products in
  question , to apply in full the Common Customs Tariff duty as from
    1 January 1981 ;              whereas therefore , as from that date, it is necessary
   to cover , in favour of the tariff quotas in question , the requirements
   of that Member State for imports from third countries during the
   tariff period ;
  ; Whereas equal and continuous .access to the quota
  fshonld be ensured for all Community importers and
  ■ the rate of levy for the tariff quota should be applied
  '.consistently to all imports until the quota is used up;
■ ;. wheff\is,' in the li(;hr of the principles outlined above,
     a . Community tariff arrangement based on an                                               r
     allocation between the Member States would seem toi
     preserve the Community nature of the quota;
    .whereas, to represent as closely as possible the actual ,
     development of the market in the said goods, the
     allocation     shook!      follow     proportionately   the^'
      requirements of the Member States calculated both1
      from statistics of imports from third countries during
      a representative reference period and according to the
    ».
      economic
          ..
                  outlook
                    -
                            for the tariff year in question;
                                                    * •
                                                              ' ,J
     0J No L 291 , 19.11.1979 , p. 17 .
 ---pagebreak---  Whereas since the fish concerned are not separately
 specified in the statistical nomenclatures of the Member
  States, the available import figures provided by them
  cannot be regarded as sufficiently exact or representative
  for use as a basis for the allocation referred to above ;
  whereas the incomplete figures available together with
/ the estimates made by the Member States allow the
  following percentage estimates to be made as to the
  import needs of each of them from third 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 , as regards Greece , to safeguard the Community
nature of the quota in question , the absence of sta­
tistics for previous years and of estimates for the
quota period means that provision should be made to cover
any of its requirements by enabling that Member State
to draw from the reserve in accordance with the method
described in Article 3 .
 ---pagebreak---                                - 3 -
   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 of Member States which
   have used up their initial share, and any possible
   requirements .on the part of Greece ; 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; ,
  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 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 to keep account of the
  extent to which the quotas have been used up and to
  inform the Member States accordingly ;
  Whereas, 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;
                     *                                        '
                                                              y
  Whereas, since the Kingdom of Belgium, the Kingdom of
  the Netherlands and the Grand Duchy of Luxembourg
 are united within and jointly represented by the Bene-.:
  lux 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,
   HAS ADOPTED THIS REGULATION:
                            Article 1
  1.     From 1 January to 31 December 1981 a
  Community tariff quota of 2 000 tonnes shall be opened
  within the Community for " silver hake (Merluccius
  bilinearis), falling within subheading ex 03.01 B 1 q) of
  the Common Customs Tariff.
 ---pagebreak---                        >,*£ '   vy-'i i. ■        •»» i*' i >          ^ - •*' '■•     •*' • ' -^
                                                                       - 4 -
           2.     The Common Customs Tariff duty shall be .
           suspended at the level of 8 % within this tariff quota.
                                                                                   " 1
                                           Article 2
           1.     The Community tariff quota referred to in Article 1
           shall be divided into two instalments.
           2.     A first instalment of 1 700 tonnes shall be allocated
/ certain  among / Member States; the shares, which subject to
           Article 5 shall be valid from 1 January to 31 December
           1981 , shall be as follows:
                                                              (tonnes)
                       Bénélux                                    352
                       Denmark                                    305
                       Germany                                    211
                       France                                     194
                       Ireland                                       5
                       Italy                                      399
                       United Kingdom                             234
           3.     The second         instalment of 300 tonnes shall
           constitute the reserve.
                                Article 3
           If      the need should arise in Greece for the products
           in question , that Member State shall draw an adequate
           share from the reserve , insofar as the volume of that
           reserve allows it .
                                          Article     4
          1.     If a Member State has used 90% or more of its 1
          initial share as fixed in Article 2 (2), or of that share
          minus any portion returned to the reserve pursuant
          to Article 5 , it shall forthwith, by notifying the ;
          Commission , draw a second share, to the extent that the
          reserve so permits, equal to 10% 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.
 ---pagebreak---                                  - 5 -
  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' shai;e
  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 5
      Additional shares drawn pursuant to Article 3 shall be
      valid until 31 December 1981.
                            Article   6
   Member States shall, not later than 1 October 1981 ,
   return to the reserve the unused portion of their initial
   share which, on 15 September 1981 is in excess of 20%
   of the in, tial volume. They ma/ return a
    ■jreater portion it tnere are grounds
   for believing that it may not be used in full.
   Member States shall, not later than 1 October 1981,
  notify the Commission of the total quantities of the
  product in question imported up to and including 15
  September 198 land charged against the Community
  quota and of any portion of their initial shares returned
  to the reserve.
                           Article 7
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2 ,3 and
4 and shall^is 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 198 f, inform the
 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.
 ---pagebreak---                             Artide 8
   1.    The Member Stares shall take all appropriate
  measures to ensure        that additional   shares drawn
  pursuant to Article 4 are opened in such a way that
  importations may be charged without interruption
  against their accumulated 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 State has used up its                                     Article    10
   share shall be determined on the basis of the imports
   charged in accordance with paragraph 3 .                        The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with.
                             Article   9
  At the request of the Commission, the Member States                                       Article   11
  shall inform it of imports actually charged against their
 'share*.                                                          This Regulation shall enter into force on 1 January 198 1 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member States.
                 Done at Brussels,
                                                                                   For the Council
                                                                                     The President
 ---pagebreak---                                                         Proposal for a
                                            COUNCIL REGULATION (EEC) .!
                   evening, allocating and providing for the administration of a Community tariff quota for
                   frozen cod fillets falling within subheading 03.01 B H b) 1 of the Common Customs Tariff
                                                               ( 198 D
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,
     Having regard to the Treaty establishing the European
     Economic Community, and in particular Article 1 13
     thereof.
     Having regard to the proposal from the Commission,
    Whereas the Community has undertaken to open an
    annual Community tariff quota at 8% duty for 10 000
    tonnes of frozen cod fillets, falling within subheading
    03.01 B II b) 1 of the Common Customs Tariff; whereas
    the tariff quota concerned" should ' be opened on
    1 January 198 1 and allocated between the Member
   States:
   Whereas under Article 64 of the .Act of Accession of
   Greece ^ that country is re'quired,_ in respect of the products in j­
^ question, to apply in full the Common Customs Tariff duty as from                                         ,
   1 January 1981 ; whereas therefore, , as from that 'date'/" 'it' " 'is necessary
   to cover , in favour of the tariff quotas in question, the requirements'
'of that Member State for imports ;from third countries during the                                      ■" r
   tariff period ;                                          ' v - v;         •     '\ - v -   •
  Whereas equ.ij 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                                -
  consistently to all imports until the quota is used up;'
. whereas, in the lij;ht of the principles outlined above,
  a Community tariff arrangement based on an .
  allnc.it ion between the Member States would seem to'
   preserve the Community nature of the quota;'
   where.is, to represent as closely as possible the actual
  development of the market in the said goods, the'
  alliK.uion should follow proportionately the
  requirements of the Member States calculated both"?
  from statistics of imports from third countries during I
  ft representative reference period and according to the !
  economic outlook for the tariff year in question-         .3
     OJ No L 291 , 19.11.1979 , p. 17 .
 ---pagebreak--- • '<V    '•
 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:
                        ■ i<T7          . / V»           1979
                   U                                  J
 Bénélux                                   . 2. .11      1,93 -j
 Denmark                 • I.W    ■                      0,21 À
 Germany                    V"         : d'4< -          A , 28 >5
Greece
  rrance                  ' 1.12         . 2.14          3,13 <
  Ireland                   0                o      ;    0      7
  Italy                                       ' •«» ■    1,9Q
 United Kingdom
                     I . m,i» j                         88,55
  Whereas, in view of these factors and of market forecasts
  for this product for 198 1, the initial percentage shares in
  the quota volume can be expressed approximately as
  follows:
   Benclux                      1,79
    Denmark                     0.94
                                A. 16
    Germany
   Greecé
    France                      8:?î
    Ireland                     0.01
                                1.71
    Italy
    United Kingdom            85.25 ;
 ---pagebreak--- Whereas, to take account of future import trends for the
products in question in the various Member States, «he
quota should be divided into two instalments, the first
being allocated among Member States and the second
 held as a reserve to cover subsequently the requirements
 of Member States which have exhausted their initial
 share; whereas, to give importers in each Member State
 some degree of certainty, the first instalment of the
Community quota should be fixed at a relatively high
level , in this case 80 % of the full quota ;
Whereas Member States may exhaust their initial shares
for the products in question 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 additional share from
the reserve ; whereas this must be done by each Member
State as and when each of its additional shares is almost
entirely used up, and repeated as many times as the
reserve allows ; whereas the initial and additonal shares
must be available for use until the end of the quota
period ; whereas this method of administration calls for
close cooperation between Member States and the
Commission which latter must, in particular, be able to
observe the extent to which the quota amount is used
and inform Member States thereof;
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other Member
State it is essential that that Member State pay a large
amount of it back into the reserve, in order to avoid a
part of the Community quota remaining unused in one
Member State when it could be used in others;
Whereas, 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, all transactions concerning the
administration of the shares allocated to that economic
union may be carried out by any one of its members, .
 ---pagebreak---                                                               _     L _
  HAS ADOPTED THIS REGULATION :                                 it, that Member State shall , under the same conditions,
                                                                draw a fourth share equal to the third . This process shall
                                                                continue until the reserve has been exhausted.
                            Article 1
                                                                4.     By way of derogation from paragraphs 1 , 2 and 3, a
  1.    From 1 January to 31 December 1981 a                    Member State may draw shares lower than those
 Community tariff quota of 10 000 tonnes shall be               specified in those paragraphs if there are grounds for
 opened within the Community for frozen cod fillets,            believing that those specified may not be used in full . Any
falling within subheading 03.01 B 11 b) 1 of the Common         Member State applying this paragraph shall inform the
 Customs Tariff.                                                Commission of its ground for so doing.
 2.     The Common Customs Tariff duty shall be
 suspended at the level of 8% within this tariff quota.
                                                                                         Article 4
                        # Article 2                             Additional shares drawn pursuant to Article 3 sbilpfee »
                                                                valid until 31 December 1981 .                               *
 1.     The Community tariff quota referred to in Article 1 ,
 shall be divided into two instalments.
 2.     A first instalment of 8 300 tonnes shall be                                      Article S
 allocated among the Member States; the shares, which
 subject to Article 5 shall be valid from 1 January to          Member States shall, not later than 1 October 1981 ,
 31 December 1981 , shall be as follows:                        return to the reserve the unused portion of their initial
                                                                share which, on 15 September 1981 , is in excess of 20%
                                      Τ (tprtnts)             . of the initial volume. They may return a greater portion
                                                                if there are grounds for believing that it may not be used
              Bénélux                                           in full .
                                      ^            148
              DenrrftVk'                            78                    't
                                                                Member .States shall , not later than 1 October '1981 , .
              Gcrmany
                         . 'k
                                      i     »• '•» 348
              Greecé ».•
                                                                notify thf Commission of the total quantities of the
              rrançe                               508 '        product in question imported up to and including 15
              Ireland                   V            1.1        September 1981 and charged against the Community
                                                                quotas and of any portion of their initial shares returned
              Italy                           > 141 î           t» the reserve.
                                               T. 075 .
              United Kingdom
 3.     The second instalment of 1 700 tonnes shall                                      Article 6
 constitute the reserve.
                                                                The Commission shall keep an account of the shares
                                                                opened by the Member States pursuant to Articles 2 and
                            Article 3                           3 and shall, as soon as the information reaches it, inform
                                                                each State of the extent which the reserve has been used
 1.     If a Member State has used 90% pr more of its           up.
 initial share as fixed in Article 2 (2 ), or of that share
 minus any portion returned to the reserve pursuant to          It shall , not later than 5 October 1981 , inform the
 Article 5 , it shall forthwith, by notifying the               Member State of the amount still in reserve following
 Commission , draw a second share, to the extent that the       any return of shares pursuant to Article 5 .
 reserve so permits, equal to 10% of its initial share
 rounded up should the occasion arise to the nearest unit       It shall ensure that when an amount exhausting the
 above.                                                         reserve is drawn the amount so drawn does not exceed
                                                                the balance available, and to this end shall notify the
 2. If a Member State, after exhausting its initial share,      amount of that balance to the Member State making the
 has used 90% or more of the second share drawn by it,          last drawing.
 that Member State shall forthwith , in the manner and to
 the extent provided in paragraph s , draw a third share,
 equal to 5 % of its initial share rounded up should the
 occasion arise to the nearest unit above.                                               Article 7
  3.     If a Member State, after exhausting its second          1.    The Member States , shall take all appropriate
  share, has used 90 % or more of the third share drawn by      measures to ensure that additional shares drawn
 ---pagebreak--- pursuant to Article 3 arc opened in such a way that                                       Article 8
importations may be charged without interruption
against their accumulated shares of the Community                At the request of the Commission, the Member States
quota .                                                    (     shall inform it of imports actually charged against their
                                                                 shares.                          '
2.    The Member States shall ensure free access to the
shnre$ which have been allocated to them for importers
of the said product who are established in their territory.                               Article 9
3. The Member States shall charge imports of the                 The Member States and the Commission shall cooperate ,
product in question against their shares as and when the         closely to ensure that this Regulation is complied with.;
product is entered with the customs authorities for free
circulation.    -
                                                                       ? .
4.    The extent to which a Member State has used up its                                 Artide 10
share shall be determined on the basis of the imports
charged in accordance with paragraph 3.                          This Regulation shall enter into force on 1 January 1981 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels*
                                                                                 For the Council
                                                                                  Thk President