CELEX: 51983PC0123
Language: en
Date: 1983-03-14
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff (1 July 1983 to 30 June 1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 123
Vol. 1983/0037
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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
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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(83) 123 f i n a l
                                                   Bruss el s, 14 March 1983
                                       Draft
                                COUNCIL REGULATION (EEC)
                     opening, allocating and providing for the administration
                     of a Community tariff quota for certain eels falling
                     within subheading ex 03.01 A II of the Common Customs
                     Tariff (1 July 1983 to 30 June 1984)
                            (submitted to the Council by the Commission)
COM(83 123 f i n a l
 ---pagebreak---                                    EXPLANATORY MEMO RANDUM
1„  In recent yearly eel fishing has been prohibited or has become impossible
    in certain Community production centres owing to pollution of the waters.
    Efforts have been made to increase production in other centres in order
    to compensate at least for the losses of the quantities available.
    Despite these efforts, it has been observed that Community production has
    remained insufficient to supply the demands of the Member States' fish
   processing industries:
   This situation prompted the Council -on a proposal from the Commission
   to open from 1971 a duty-free Community tariff quota for certain fresh
   eels (live or dead), chilled or frozen, falling within subheading
   ex 03.01 A II of the Common Customs Tariff.
   The situation of the eel market was reexamined at a meeting of the
   Working Party on Economic Tariff Problems held on 18 January 1983.
   At that meeting it emerged that, following an intervention by the
   Guidance Section of EAGGF Italian production ought to increase
                                       by some 3 000 tonnes, with this eventual
   prospect of an even greater increase, that efforts were being made in
   the United Kingdom to develop eel production on a relatively large
   scale ; but that in any case Community production remained inadequate
   and that consequently it still seemed advisable to envisage an extension
   of the tuhiff m e a s u r e s 'currently in force by opening an annual tariff
   quota for the period from 1 July 1983 to 30 Juni 1984 with a volume
   calculated so as not to prejudice the development of Community production.
   The volume of this tariff quota could be fixed at 5 000 tonnes, this
   corresponding broadly to the immediate requirements of the Member
   States for imports from third countries. Any subsequent requirements
   which might arise, notably if the development of production in the
   United Kingdom and Italy did not come up to expectations, could be
   covered by an increase in the quota volume following a reexamination
   of the situation.
   As regards the subdivision of the above-mentioned volume of 5 000 tonnes,
   a first instalment of 4 500 tonnes is allocated among the Member States
   in proportion to requirements. The balance of 500 tonnes will constitute
   the Community reserve.
   This is the objective of the attached draft.
 ---pagebreak---                                                     DRAFT
                                  COUNCIL REGULATION (EEC)
              op en in g, allocatin g and providing for the ad m in istration o f a C o m m u n ity tariff
              quota tor certain eels fallin g w ithin subheading ex 03.01 A II o f the C om m o n
                                  C ustom s Tariff (1 July 19fS to 30 June 1984)
THE COUNCIL OF THE EUROPEAN                                  Member States until the quota has been used u p ;
COMMUNITIES,                                                 whereas, in the light of these principles, the Commu­
                                                             nity nature of the quota can be respected by allocating
                                                             the tariff quota among the Member States listed
Having regard to the Treaty establishing the European        below; whereas statistics available for these products
Economic Community, and in particular Article 28             do not give a clear picture of the market situation for
thereof,                                                     them ; whereas, 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
Having regard to the draft Regulation submitted by           few years ; whereas, however, according to the esti­
the Commission,                                              mates put forward by the Member States, initial shares
                                                             may be fixed at the quantities set out in Article 2 ;
Whereas eel fishing has been prohibited or has
become impossible in certain Community production
                                                             Whereas, in order to take into account import trends
centres ; whereas this has led to a drop in Community
                                                             for the products concerned, the quota amount should
production of eels in general and particularly of fresh
                                                             be divided into two instalments, the first instalment
eels (live or dead), chilled or frozen, falling within
subheading ex 03.01 A II of the Common Customs                being allocated, and the second forming a reserve
Tariff, intended for processing by curing or skinrfing        intended subsequently to cover the requirements of
enterprises or for use in the industrial manufacture of       the Member States which have used up their initial
products failing within heading No 16.04 thereof;             shares; whereas, in order to ensure a certain degree of
whereas this production is likely to be developed,            security for importers, the first instalment of the
particularly in two Member States, without, however,          Community tariff quota should be fixed at a level
being able to satisfy all the requirements of the             which, under present circumstances, may be 90 % of
Community ; whereas the processing industries in the          the quota am ount;
Community consequently depend to a large extent on
imports for their supplies of eels ; whereas, from 1 July
 1983 to 30 June 198 4, the application of the                Whereas the initial shares may be used up at different
          Common Customs Tariff duty should there­            rates ; whereas, in order to take this fact into account
fore be suspended totally on imports of the relevant          and to avoid any break in continuity, any Member
 products up to an appropriate quantitative limit ;           State which has almost used up its total initial share
 whereas the introduction of a Community measure of           should draw an additional share from the reserve ;
 this nature is unlikely to harm Community produc­            whereas this must be done by each Member State as
 tion ;                                                       and when each of its additional shares is almost enti­
                                                              rely used up, and repeated as many times as the
                                                               reserve allows ; whereas the initial additional shares
 Whereas current demand not met by Community                   must be valid until the end of the quota period ;
 production which must therefore be met by imports             whereas this method of administration requires close
 can be estimated at 5 000 tonnes for the period 1 July        cooperation between the Member States and the
  1983 to 30 June 1984; whereas a tariff quota for the         Commission, which must be able to keep account of
 relevant types of eel should therefore be opened for          the extent to which the quota amount has been used
 this period on the conditions set out above ; whereas         up and to inform the Member States accordingly ;
 the fixing of the quota volume at this level does not,
 however, prevent its readjustment during the quota
 period ;
                                                               Whereas if, at a given date in the quota period, a
                                                               considerable balance remains in one or other Member
 Whereas it is in particular necessary to ensure to all        State it is essential, to prevent a part of the Commu­
 importers in the Member States equal and uninter­             nity tariff quota from remaining unused in one
 rupted access to the abovementioned quota and unin­           Member State while it could be used in others, that
 terrupted application of the rate laid down for that          that Member State should return a significant propor­
 quota to all im port; of the products concerned into all      tion thereof to the reserve ;
 ---pagebreak---                                                          - 2 -
  Whereas, since the Kingdom of Belgium, the                                               Article 3
  Kingdom of the Netherlands and the Grand Duchy of
  Luxembourg are united within and jointly represented
                                                                1.   If 90 % or more of a Member State’s initial share
  by the Benelux Economic Union, any measure concer­
                                                               as fixed in Article 2(1), or of that share minus any
  ning the administration of the shares allocated to that
                                                               portion returned to the reserve where Article 5 has
  economic union may be carried out by any one of its
                                                               been applied, has been used up, that Member State
  members,
                                                               shall forthwith, by notifying the Commission, draw a
                                                               second share, to the extent that the reserve so permits,
                                                               equal to 10 % of its inita! share, rounded up as neces­
                                                               sary to the next whole number.
 HAS A D O P T E D T H IS R E G U L A T IO N :
                                                               2.    If, after its initial share has been exhausted, 90 %
                                                               or more of the second share drawn by a Member State
                                                               has been used up, that Member State shall forthwith,
                          Article 1                            by notifying the Commission, draw a third share equal
                                                               to 5 % of its initial share, rounded up as necessary to
  1.    During the period 1 July 198 3 to 30 June 1984·        the next whole number, to the extent that the reserve
 a Community tariff quota of 5 000 tonnes shall be             so permits.
 opened for fresh eels (live or dead), chilled or frozen,
 falling within subheading ex 03.01 A II of the                3.    If, after its second share has been exhausted,
 Common Customs Tariff, intended for processing by            90 % or more of the third share drawn by a Member
 curing or skinning enterprises or for use in the indus­      State has been used up, that Member State shall, in the
 trial manufacture of products falling within heading         manner provided in paragraph 2, draw a fourth share
 No 16.04 of the Common Customs Tariff.                       equal to the third.
 Control of the use for this special purpose shall be
                                                              This procedure shall apply until the reserve is used up.
 carried out pursuant to the relevant Community provi­
 sions.
                                                              4.     By way of derogation from paragraphs 1, 2 and 3,
 2. Within the limits of this tariff quota, the               Member States may draw lesser shares than those
 Common Customs Tariff duty shall be totally                  specified therein if there are grounds for believing that
suspended.                                                    those specified may not be used in full. They shall
                                                              inform the Commission of their reasons for applying
                                                              this paragraph.
Within these limits, Greece shall apply customs duties
calculated in accordance with the provisions laid down
in the 1979 Act of Accession.
                                                                                           Article 4
                          Article 2                           Additional shares drawn pursuant to Article 3 shall be
                                                              valid until 30 June 1984.
1.     A first instalment of 4 500 tonnes of this
Community tariff quota shall be allocated among the
Member States. Member States’ shares, which, subject
to Article 5, shall be valid from 1 July 1983 t0 30                                       Article 5
June 1984, shall consist of the following amounts:
                                                              Member States shall return to the reserve, not later
                                               (tonnes)       than 1 May 1 9 8 4 ,the unused portions of their initial
        Benelux                                 2 076         shares which, on 15 April 1984 ,are in excess of 20 %
        Denmark                                   675         of the initial amounts. They may return a greater
        Germany                                 1 545         portion if there are grounds for believing that such
        Greece                                      2         portion may not be used in full.
        France                                     44
        Ireland                                     2        Member States shall notify the Commission, not later
        Italy                                       3        than 1 May 1984, of the total quantities of the
        United Kingdom                            153        products in question imported, up to and including 15
                                                             April 1984 ,ai charged against the Community quota
2.     The second instalment of 500 tonnes shall             and of any poruon of their initial shares returned to
constitute the reserve.                                      the reserve.
 ---pagebreak---                                                       - 3  -
                        Article 6                            3. Member States shall charge imports of the
                                                             products in question against their shares as and when
The Commission shall keep ar. account of the shares          the products are entered with the customs authorities
opened by the Member States pursuant to Articles 2           for free circulation.
and 3 and, as soon as it has been notified, shall inform
each State of the extent to which the reserve has been       4. The extent to which a Member State has used up
used up.                                                      its share shall be determined on this basis of the
It shall inform the Member States, not later than 5           imports charged against that share in accordance with
May 19% of the amount still in reserve after amounts          paragraph 3.
have been returned thereto pursuant to Article 5.
 It shall ensure that the drawing which exhausts the                                   Article 8
 reserve does not exceed the balance available, and to
 this end shall notify the amount of that balance to the       At the Commission’s request, Member States shall
 Member State making the last drawing.                         inform it of the imports actually charged against their
                                                               shares.
                         Article 7
  1. Member States shall take all appropriate measures                                  Article 9
  to ensure that additional shares drawn pursuant to
  Article 3 are opened in such a way that imports may           Member States and the Commission shall cooperate
  be charged without interruption against their aggregate       closely to ensure that this Regulation is complied with.
  shares of the Community quota.
  2.    Member States shall ensure that importers of the                                Article 10
   products in question                               have
   free access to the shares allocated to them.                 This Regulation shall enter into force on 1 July 1985.
                This Regulation shall be binding in its entirety and direedy applicable in all Member
                States.
                 Done at
                                                                             For the Council
                                                                              The President