CELEX: 51973PC1632
Language: en
Date: 1973-10-02
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for certain eels falling within subheading No ex 03.01 A II of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1632
Vol. 1973/0280
 ---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
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM( 73 ) 1632 final
                                                       Brussels . 2 October 1973
                             PROPOSAL FOR A
                     REGULATION ( EEC ) OP THE COUNCIL
         opening, allocating and providing for the administration
        of a Community tariff quota for certain eels falling within
          subheading No ex 03.01 A II of the Common Customs Tariff
              ( submitted to the Council "by the Commission )
 COM(73 ) 1632 final
 ---pagebreak---                                                            GUD/7 27/7 3-E
                   EXPLANATORY MEMORANDUM
 In recent years eel fishing in certain Community production centres has
"been prohibited or "become impossible owing to water pollution .  Attempts
have been made to increase production in other centres in order to offset
at least part of the resulting losses .   Nevertheless Community production
has fallen considerably , so that the processing industry in the Member
States has to resort to imports in order to ensure its supplies .
Since 1972 the Council , acting on a proposal from the Commission , has
therefore opened a zero duty Community tariff quota for fresh eels ( live
or dead ), chilled or frozen , falling within subheading No ex 03.01 A II
of the Common Customs Tariff , intended for curing or for use in the
industrial manufacture of products falling within heading Ho 16 . 04 -
under conditions to be determined by the competent authorities .
Since then , the market situation has not improved noticeably .   It is
therefore necessary to open a new Community tariff quota for 1974 a"t an
appropriate volume while taking account of the fact that Community
production might increase .   That is the object of the proposal annexed
hereto .
 ---pagebreak---                          PROPOSAL FOR A
                 REGULATION ( EEC) OF THE COUNCIL
     opening , allocating and providing for the administration
     of a Community tariff quota for certain eels falling within
     subheading No ex 03.01 A II of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas eel fishing has "been prohibited or has "become impossible in certain
Community production centres ;   whereas this has led to a drop in Community
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 Tariff , intended for curing or for use in the industrial manufacture
                   {
of products falling within heading No 16.04 ;   whereas the processing
industries in the Community consequently depend to a large extent on imports
for their supplies of eels ; whereas for 1974 » "the application of the
autonomous common customs tariff duty should therefore be suspended totally
on imports of the relevant products up to an appropriate quantitative limit ;
whereas , within this limit , the new Member States should apply customs
duties as provided in the Act concerning the Conditions of Accession and the
Adjustments to the Treaties ; whereas , however , the United Kingdom has
declared that from 1 January 1974 i"t will align its duties directly on those
of the Common Customs Tariff ; whereas , the introduction of a Community
measure of this nature is unlikely to harm Community production ;
Whereas current demand not met by Community production , which must therefore
be met by imports , can be estimated at 8 400 metric tons for 1974 ; whereas
a tariff quota for the relevant types of eel should therefore be opened for
1974 on the conditions set out above ;
Whereas it is in particular necessary to ensure to all Community importers
equal and uninterrupted access to the above-mentioned quota and uninterrupted
application of the rates laid down for that quota to all imports of the
 ---pagebreak--- products concerned into all Member States until the quota has been used up ;
whereas , having regard to these principles , the Community nature of the quota
can "be respected by allocating 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 them ; whereas , therefore , it is not
possible to allocate the quota among the Member States on the basis of imports
of the relevant products over the last few years ; whereas , however , according
to the estimates put forward by the Member States , initial quota shares may be
fixed at the following quantities :
              Germany                        4 000 metric tons
              Benelux                        1 800 metric tons          >
              Prance                           130 metric tons
              Italy                            400 metric tons
              Denmark                        1 000 metric tons
              Ireland                            30 metric tons
              United Kingdom                     40 metric tons
                                                     - Ï
Whereas in order to take into account import trends for the products concerned
in the different Member States , the quota amount should be divided into two
instalments , the first instalment being allocated among the Member States ,
and the second forming a reserve intended ultimately to cover the requirements
of the Member States which have used up their initial quota shares ; whereas ,
in order to ensure a certain degree of security to importers in each Member
State , the first instalment of the Community quota should be determined at a
level which , under present circumstances , may be 8Cff0 of the quota amount ;
Whereas the initial quota shares of the Member States may be used up at
different times ; whereas , in order to take this fact into account and avoid
any break in continuity , it is important that any Member State having used up
almost the whole of its initial quota shares should draw an additional quota
share from the reserve ; whereas this must be done by each Member State as
and when each of its additional quota shares is almost entirely used up , and
repeated as many times as the reserve allows ; whereas the initial and additional
quota 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 must , in particular , be able to observe the extent to
which the quota amount is used and inform Member States thereof ;
 ---pagebreak---                                        - 3 -
           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
           pays a large amount of it "back into the reserve , in order to avoid a part           j
                                                                                                 I
           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 are united in and represented by the Benelux
          Economic Union , all transactions concerning the administration of shares                I,
                                                                                                   1
          granted to the abovementioned Economic Union may be carried out by any of its
                                                                                                    ι
          members ;                                                                                |
          HAS ADOPTED THIS REGULATION:                                                              i
                                                                                                    j
                                         Article 1                                                  j
                                                                                                      i
          1.   For the period from 1 January 1974 to 31 December 1974 » a Community                   j
          tariff quota of 8 400 metric tons shall be opened for 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 for use in the industrial
          manufacture of products falling within heading No 16.04 » under conditions
          to be determined by the competent authorities .
                                                                                               .        I
          2.   The Common Customs Tariff duties shall be totally suspended on products
          imported under this quota .
                                                                                          .. '           I
          3.             Denmark shall permit the duty-free importation of products                     i
                                                                                                         I
          under this quota .
          Without prejudice to their option to directly align their duties in accordance                  j
          with Article 59(4 ) of the Act of Accession ,         Ireland and the United Kingdom
all apply the following duties to the quota :                 ,                                           j
                               Ireland                  Jfo .
                               United Kingdom           6% .
 ---pagebreak---                                - 4 -
                             Article 2
 1.   A first instalment , amounting to 7 400 metric tons , shall fee allocated
among the Member States ;     the shares , which , subject to Article 5 » shall
he valid until 31 December 1973 » shall consist of the following amount 's :
                  Germany                   4 000 metric tons
                  Benelux                   1 800 metric tons
                  Prance                      130 metric tons
                  Italy                       400 metric tons
                  Denmark                   1 000 metric tons
                  Ireland                      30 metric tons
                  United Kingdom               40 metric tons
2.    The second instalment , amounting to 1 000 metric tons , shall make up
the reserve .
                             Article 3
1 . , If $Of0 or more of the initial share of a Member State , as laid down in
Article 2 ( 2 ), or SCffo of that share less the amount returned into the reserve ,
where the provisions of Article 5 have "been applied , has been exhausted , that
Member State shall proceed without delay , by notifying the Commission , to
draw a second share equal to 15% of its initial share , rounded up to the next
unit where appropriate , to the extent that the amount in the reserve allows .
2 . If , after its initial share has been exhausted , $Of0 or more of the
second share drawn by a Member State has been used , that Member State shall
proceed in the manner specified in paragraph 1 to draw a third share equal
to 7.5$ of its initial share , rounded up to the next unit where appropriate ,
to the extent that the amount in the reserve allows .
3 . If , after its second share has been exhausted $Ofo or more of the third
share drawn by a Member State has been used , that Member State shall proceed ,     1
in the manner specified in paragraph 1 to draw a fourth share equal to the third
This process shall be applied until the reserve is exhausted .
 ---pagebreak--- I                                - 5 -
   4.  Without prejudice to paragraphs 1 , 2 and 3 » the Member States may
   proceed to draw shares smaller than those fixed in those paragraphs ,
   if there is reason to "believe that those shares might not he used up .
   They shall inform the Commission of the reasons which led them to apply
   this paragraph .
                               Article 4
  The additional shares drawn pursuant to Article 3 shall be valid until
   31 December 1974 •
                               Article 5
  If , by 15 September 1974 » a Member State has not used up its initial share ,
  it shall , not later than 10 October 1974 » return to the reserve the unused
  portion of this share in excess of 20^ of the initial amount .    It may return
  a larger quantity if there are reasons to consider that such quantity might
  not be used .
  Each Member State shall , not later than 10 October 1974 » notify the Commission
  of the total imports of the products concerned effected up to 15 September 1974
  inclusive , and charged against the Community quota and , where appropriate , the
  proportion of its initial share that is being returned to the reserve .
                                                                        ν
                               Article 6
  The Commission shall keep account of the shares opened by Member States in
  accordance with Articles 2 and 3 and- shall inform each of them of the extent
  to which the reserve has been usedas soon as it receives the notifications .
  The Commission shall , not later than 15 October 1974 » notify Member States of
  the amount in the reserve after the return of shares pursuant to Article 5 *
  The Commission shall ensure that any drawing which uses up the reserve is
  limited to the balance available and , for this purpose , shall specify the
  amount thereof to the Member State which makes the final drawing .
                               Article 7
  1.   The Member States shall take all appropriate measures to ensure that ,
  when additional shares are drawn pursuant to Article 3 » it is possible for
  charges to be made without interruption against their accumulated shares of
  the Community quota .
 ---pagebreak---                             - 6 -
2.  The Member States shall guarantee to importers of the products concerned
established in their territory free access to the shares allocated to them .
3.  The Member States shall charge imports of the products concerned against
their shares as the products are presented for Customs clearance under cover
of declarations that they have been made available for consumption .
4.  The extent to which the Member States' shares have been used up shall be
recorded on the basis of the imports charged in the conditions laid down in
paragraph 3 .
                           Article 8
Member States shall inform the Commission at regular intervals of imports
from third countries charged against their shares .
                           Article 9
The Member States and the Commission shall cooperate closely m order to
ensure that the provisions of this Regulation are observed .
                           Article 10
This Regulation shall enter into force on 1 January 1974-
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,             1973 .
                                                    Por the Council
                                                     The President