CELEX: 51979PC0256
Language: en
Date: 1979-05-18
Title: Draft Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff (1 July 1979 - 30 June 1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 256
Vol. 1979/0100
 ---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
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(79)256 final
                                                       Brussels - 18 May 1979
                                            Draft
                                        Proposal for a
                                  COUNCIL REGULATION ( EEC )
                on the opening , allocation and administration
                of a Community tariff quota for certain eels
                falling within subheading ex 03.01 A II of the
                Common Customs Tariff (1 July 1979 - 30 June 1980 )
                   ( submitted to the Council by the Commission )
                                            \
                                                 s
                         ν
                                             a
                        V -                        .
                " « "l   ^   *. »   .        /Si
              .           V                 ni?::
              Τ /\          ν-
                            L I 00 1 ÇïJ
COM ( 79 ) 256 final
 ---pagebreak---                         Epcplanatoyy Kemorap^um
  In rocont years , «ol fiohins in oort^i^ Convnu.wity fishing area* vao
  forbidden or made impossible owing to pollution of the waters , Efforts
  wore made to increase production in other areas in order to compensate
  at loact for the loGses . of the quantities available . Despite .these
  efforts , it was observed that Community production was? still insufficient
 to supply the demands of tho Member States' fish proeessijig industries o
 This situation . prompted the Council – on a proposal from the Gomaiisaion .*•
 to open from 1571 & duty–fra® Community tariff quota for certain fjpesfe
eels (dead or alive), chilled or frozen, falling wltMn subhs&ding
ex 03»01 A II of the Common Custom® Tariff#                               . !
Thereafter9 tho situation on the markets of the ©eot@y in question '
did not appreciably improve * . .        '                              •
The situation of the eel market was reexamined at              a   meeting
of the Working Party on Economi e Tariff Problems held on
28 February 1979 .          "                ~                     """
                                                i
At that    meeting   it emerged that the supply situation had not undergone
any change and consequently it seemed advisable to envisage a prorogation
of the tariff measures actually in force by opening of an annual tariff
quota for the period from 1 July 197.9 to 30 June 19 80.
 ---pagebreak---      The volume of this tariff quota could be fixed $t 6 700   tonnes
      largely corresponding .
\ ' to the stated requirements of the Member States for imports
     from third countries .. Any subsequent requirements could be
     covered by a decision to increase the quota volume following
     a  reexamination of the situation .
  '■                        *               •
     As regards the subdivision of the above–mentioned volume
     of 6 '700            tonnes? a first tranche ©f   5 392 tonnes
     is allocated among the . Member States in proportion to '        :
     requirements .     The balance of 1 308 tonnes            will
     constitute the Community reserve .
 i '•          :        '               ;•        ;       .     > -     '
     This - 1s the objective of the attached draft
 ---pagebreak---                                                         Draft •
                                     COUNCIL REGULATION (EEC)
                or. the opening, allocation and administration of a Community tariff quota for
                certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff
                                      <1 July 1979 - 30 June 19 80 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      Whereas it is in particular necessary to ensure to all
                                                               importers in the Member States ' equal and
                                                               uninterrupted access to the abovementioned quota
 Having regard to the Treaty establishing the                  and uninterrupted application of the rate ■laid down
 European JBconomic Community, and in particular               for that quota to all imports of the ■ products
 Article 28'hcreof,                                            concerned into ail Member States until the quota
                                                                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
                                                            h
Having retrard to the draft Regulation submitted by »/         the Member States listed below; whereas statistics
the Commission,                                                available for these products do not give a clear
                                                               picture of the market situation for them ; whereas,
                                                         -V*
                                                               therefore, it is not possible to allocate the quota
                                                               among the Member States on the basis of import
                                                               trends for the relevant products over the past few
Whereas eel fishing has been prohibited or has                 years ; where.is, however, according to the estimates
 become impossible in certain Community production             put forward by the Member States, initial shares
centres; whereas this has led to a drop, in Community          may be fixed at the quantities set out in Article 2;
 production of eels in gencrarl and particularly of .
fresh eels ( live or dead), chilled or frozen, falling
 within subheading cx 03.01 A II of the Common .
Customs Tariff, intended for curing or skinning or 1
 for use in the industrial manufacture of products             Whereas, in order to take into account import trends
 failing within heading No 16.04; whereas the                  for the products concerned, the quota amount
 processing industries in the Community consequently           should be divided into two tranches, the first
 depend to a large extent on imports for their supplies ,      tranche being allocated, and the second forming a
 of eels ; whereas from t July 1 9 79to 30 June                reserve intended subsequently to cover rhc
 1980 the application of the autonomous Common /               requirements of the Member States which have used
Customs Tariff duty should therefore be suspended              up their initial shares; whereas, in order to ensure
 totally on imports of the relevant products up to             a certain degree of- security for importers, the first
an appropriate quantitative limit} whetjeas the                tranche of rhc Community tariff quota should be
 introduction of a Community measure                           fixed at a level which, under present circumstances,
of this nature appears unkikely to                             may be approximately 80% of the quota amount ;
harm Community productions                        "    "
                                                               Whereas » nc . initial shares may be used up at different
Whereas current demand not met by Community                    rates : whereas, in order to take this fact into account
production, .which must therefore be met by imports,           and to avoid any break in continuity, any Member
can be estim.ucd at 6 ^ 00 ' tonnes                            State which h.is almost used up irs total initial share
for VFTe period                      .1 July 1979.            should draw • an additional share from the reserve ;
to 30 June 1980 ;                   whereas a                 whereas this must be done by each Member St.ite as
   tariff quota for the relevant                              and when each of its additional shares is almost
   types of         eel     should therefore                  entirely used up, and repeated as many times as the
                                                              reserve allows; whereas the initial additional shares
   be opened for this period under'                           must be valid until the end of the quota period ;
   the conditions set out above ;                             whereas this method of administration requires close
   whereas the fixing of the quota                            cooperation       between     Membe?    States   and      the
                 at thi.s level does not ^,
   ho wever ^preclude               its readjust­
   ment . during the'qu&ta periods
                                                                                                             i t • ft •
 ---pagebreak---                                                               - 2 -
        CommlifblAa, which' i«ii« 1W «bl« to keep mmum                                                       ( tonnes )
        of the extent to which die quota amount has been                    Bcnclux '       r
        used up and to inform , the . Member States                                                                1    760
        accordingly ;                                                       Dcnmark
                                                                                                                   1 096
                                                                            Germany                                2 222 .
                                                                            France !
                                                                                                                         62
        whereas, if at a Riven dare in the quota period a                   Ireland
       considerable balance remains in one or other Member                                                     '     .    5
       State, it is essential, to prevent a part of the                     Italy                                      ' 27
       Community tariff quota from remaining unused In                      United Kingdom                             220
       one Member State while it could be used in others,
      that that Member State should return a significant
      proportion thereof to the reserve :                          2. The second tranche . of 1 308 tonnes shall
                                                                   constitute the reserve.
      Whcrc.is, since the Kingdom o»f Belgium, the Kingdom
      of the Netherlands and the Grand Duchy of                                               Article 3
      Luxembourg arc united . within and jointly
      represented by the Benelux Economic Union, any            • 1. If 90% or more of a Member State's initial share
      measure concerning the administration of the sham            as fixed in Article® 2 (1 )P or of that share minus any
      allocated to that economic union msy be carried out          portion returned to rhe reserve where Article 5 has
      by any one of its members,                                   been applied, has been used up, that Member State
                                                                  shall forthwith, by notifying the Commission, draw
                                                                   ft second share, to the extent that the reserve so
                                                                  permits, equal to 15% of its initial share, rounded
     HAS ADOPTED THJS REGULATION                                   up as necessary to the next whole number.
                                                                  2. If, after its initial share has been exhausted, 90%
                             Article Î                            or more of the second share drawn by a Member
                                       197 9                      State has been used up, that Member State shall
     1. During the period 1 J It I y / to 30 June 19 80 a *       forthwith, by notifying the Commission, draw a
    Community tariff quota of 6 7 00i tonnes shall                third share equal to 7\5% of its initial share, rounded
    be opened for fresh eels (live or dead) chilled or            up as necessary to the next whole number, to the
    frozen, falling within subheading ex 03.01 A II of            extent that the reserve so permits.
    the Common Customs Tariff, intended for curing
    or skinning or for use in the industrial manufacture
    of products falling within heading No 16.04 „ Superr 3.or If,         after its second share has ibeen exhausted, 90%
                                                                       more   .of the third share drawn by a Member
      visiou of the use for this special                         S*atc   has   bcci) used up, that Member State shall, in
    purpose shall be effected pursuant                           'ihe manner provided in paragraph 1, draw a fourth
    to the relevant Community provisions ,                       •hare equal to the third.
    2. Within the limits of this tariff quota, the Common
    Customs Tariff duty shall be totally suspended*              This procedure shall apply until the reserve is used
                                                                 up.                      >
                                                                4, By way of derogation from paragraphs 1, 2
                                                                     ^ j Cr ^*a.Ecs           ^raw lesser shares than those
                                                                specified therein if there are grounds for belicvin;;
                                                                shat those specified may not fee used in full. They
                                                                shall inform the Commission of «heif seasons tor
                            Anide 2
   1 . A first tranche of 5 392 tonnes              ©f this <                   •    .                   '
   Community tari.v quota shall be allocated among                                          Article 4
   the Member States, Member States' shares, which,
fa                        sk\'* v3kd from 1 July 19^ Additional scares drawn pursuant to Ankle 3 shall
to 30 June 19 80 shall conrcst o£ th: following amounts*       fee valid until 30 June 1980.                     '
 ---pagebreak---                          Article S                              Article 3 are epened in ruch a my th« imports may
                                                               be charged without interruption against            their
  Member States shall return to the reserve, hot later         aggregate shares of the Community quota.
  than 1 May i980,thc unused portions of thci#
  initial shares which, on 15 April 1980 arc in excess         2. Member States shall ensure that importers of the
 of 20% of the initial amounts. They may return                products in question established in their territory
 a greater portion if there are grounds for believing           have free access to the shares allocated to them.
 that such portion may not be used in full.                                                       %
                                                               3. Member' States shall charge imports of the
 Member States shall notify the Commission, not                products in question against their shares as and when
 later than 1 May ISO ? of the total quanrkies of              the products are entered with the customs
 the products in qucsrion imported up to and                   authorities for home use.            ^
 including 15 April 19go ^.and charged against the
 Community quota and of any portion of thoir initial
shares returned to the reserve.                                4. The extent to which a Member State has used
                                                               up its share shall be determined on the basis, of the
                                                               imposts charged against that share in accordance
                         Article 6                             with paragraph 3.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles                                        Article 8
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.                                              At the Commission's request, Member States- shall
                                                               inform it of the imports actually charged against
                                                               their shares.             .
It shall inform the Member States, not later than
5 May 19 80 of the amount srill in reserve after
amounts have been returned thereto pursuant to
Article 5.                                                                              ArticU 9
It shall ensure that the drawing which exhausts the            Member States and the Commission shall cooperate
reserve does nor exceed the balance available, and             closely to ensure that this Regulation is complied
to this end shall notify the amount of that balance            with.
to the Member State making the last drawing.
                        Article 7                                                      Artide 10
1 . Member States shall take all appropriate measures          This Regulation shall enter into force on 1 July
to ensure that additional shares drawn pursuant to             1979-
              ' This Regulation shall be binding In its entirety and directly applicable in all Member
                States.                         . .;;
                Doneat     Brussels , ;■)
                                                                            for the Council
                                                                             The President      1