CELEX: 51982PC0210
Language: en
Date: 1982-04-27
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 1982 to 30 June 1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 210
Vol. 1982/0088
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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
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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 EUROPEIAN COMMUNITIE
                                                 COM(82)210 final
                                                 Brussels , 27 April 1982
                                                 Draft
                                    COUNCIL REGULATION      ( EEC )
         opening , allocating and providing for the administration
            of a Community/tariff quota for certain eels falling
                            ;                ν.\
                 fir, within subheading ex 03.01 A II of the
                                       Common . Customs Tariff
              f - \
                       -      (1 July
                              < , «
                                       Lily 1982 Ito 30 June 1983 )
                                           .      *
                       r            "
                         "" du S»     .
               \p\
                  ( submitted to the Council by the Commission )
   C0M(82 ) 210 final
 ---pagebreak---                                                              COM Ut
                             EXPLANATORY MEMORANDUM
1.  In recent year ^, 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 20 January 1982 .
                                                  S
   At that meeting it    emerged that , following an intervention by the
   Guidance Section of EAGGF Italian production ought to increase between
   now and the end of the year 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 t^Hiff measures ' current ly in force by opening an annual tariff
   quota for the period from 1 July 1982 to 30 Juni 1983 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---                                                       DrtAFT
                                   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 198 2 to 30 June 1983 )
THE COUNCIL OF THE EUROPEAN                                  nity nature of the quota can be respected by allocating
COMMUNITIES,                                                 the tariif 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
Having regard to the Treaty establishing the European        the quota among the Member States on the basis of
Economic Community, and in particular 'Article 28            import trends for the relevant products over the past
thereof,
                                                             few years ; whereas, however, according to the esti­
                                                             mates put forward by the Member States, initial shares
                                                             may be fixed at the quantities set out in Article 2 ;
Having regard to the draft Regulation submitted by
the Commission,
                                                             Whereas, in order to take into account import trends
whereas eel fishing has been prohibited or has               for the products concerned, the quota amount shoul^
become impossible in certain Community production            be divided into two instalments, the first instalment
centres ; whereas this has led to a drop in Community        being allocated, and (he second forming a reserve
production of eels in general and particularly of fresh      intended subsequently, to cover the requirements of
eels (live or dead), chilled or frozen, falling within       the Member States which have used up their initiaj
subheading ex 03.01 A II of the Common Customs               shares ; whereas, in order to ensure a certain degree of
Tariff, intended for processing by curing or skinning        security for importers! the first instalment of the
enterprises or for use in the industrial manufacture of      Community tariff quota should be fixed at a level
products falling within heading No 16.04 thereof ;           which, under present circumstances, may be 90 % of,
                                                             the quota amount ;
 whereas this production is Likely to be
 developed , particularly in two Member
 Staters without however being able to
satisfy all the requirements of the
                                                             Whereas the initial shares may be used up at different
 Communi ty ;                                                rates ; whereas, in order to take this fact into account
whereas the processing industries in the Community           and to avoid any break in continuity, any Member
consequently depend to a large extent on imports for         State which has almost used up its total initial share
their supplies of eels ; whereas, from 1 July 192 to 30      should draw an additional share from the reserve ;
June 1983 , the application of the autonomous                whereas this must be done by each Member State as
Common Customs Tariff duty should therefore be               and when each of its additional shares is almost
suspended totally on imports of the relevant products        entirely used up, and repeated as many times as the
up to an appropriate quantitative limit ; whereas the        reserve allows ; whereas the initial additional shares
introduction of a Community measure of this nature            must be valid until the end of the quota period ;
is unlikely to harm Community production ;                   whereas this method of administration requires close
                                                              cooperation between Member States and the Commis­
                                                              sion, which "must be able to keep account of the
Whereas current demand not met by Community                   extent to which the quota amount has been used up
production which must therefore be met by imports             and to inform the Member States accordingly ;
can be estimated at 5000 tonnes for the period 1 July
1982 t0 30 June 1 983 ; whereas a tariff quota for the
relevant types of eel should therefore be opened for
this period on the conditions set out above ; whereas         Whereas if, at a given date in the quota period, a
the fixing of the quota volume at this level does not,        considerable balance remains in one or other Member
however, prevent its readjustment during the quota            State it is essential, to prevent a part of the Commu­
period ;                                                      nity tariff quota from remaining unused in one
                                                              Member State while it could be used in others, that
                                                              that Member State should return a significant propor­
                                                              tion thereof to the reserve : •
Whereas it is in particular necessary to ensure to all
importers in the Member States equal and uninter­
rupted access to the abovementioned quota and unin­
terrupted application of the rate laid down for that
quota to all imports of the products concerned into all
Member States until the quota has been used up ;
whereas, in the light of these principles, the Commu-
 ---pagebreak---                                                       - 2 -
 Whereas, since the Kingdom of Belgium, the                  portion returned to the reserve where Article 5 has
 Kingdom of the Netherlands and the Grand Duchy of           been applied, has been used up, that Member State
 Luxembourg are united within and jointly represented       shall forthwith, by notifying the Commission, draw a
 by the Benelux Economic Union, any measure                 second share, to the extent that the reserve so permits,
 concerning the administration of the shares allocated      equal to 10 % of its initial share, rounded up as neces­
 to that economic union may be carried out by any           sary to the next whole number.
 one of its members,
                                                             2.    If, after its initial share has been exhausted,
                                                            90 % or more of the second share drawn by a
 HAS ADOPTED THIS REGULATION :
                                                            Member State has been used up, that Member State
                                                            shall forthwith, by notifying the Commission, draw a
                                                            third share equal to 5 % of its initial share, rounded
                        Article Î                           up as necessary to the next whole number, to the
                                                            extent that the reserve so permits.
 1 . During the period 1 July 198 2 to 30 June 1983,
a Community tariff quota of 50 00 tonnes shall be            3.    If, after its second share has been exhausted,
opened for fresh eels (live or dead) chilled or frozen,      90 % or more of the third share drawn by a Member
falling within subheading ex 03.01 A II of the              State- has been used up, that Member State shall, in
 Common Customs Tariff, intended for processing by           the manner provided in paragraph 2, draw a fourth
curing or skinning enterprises or for use in the indus­     share equal to the third.
trial manufacture of products falling within heading
 No 16.04 of the Common Customs Tariff.                     This procedure shall apply until the reserve is used
                                                            up .
Control of the use for this special purpose shall be
carried out pursuant to the relevant Community provi­       4. By way of derogation from paragraphs 1 , 2 and
sions.                                                       3, Member States may draw lesser shares than those
                                                            specified therein if there are grounds for believing
2. Within the limits of this tariff quota, the               that those specified may not be used in full. They
Common Customs Tariff duty shall be totally                 shall inform the Commission of their reasons for
suspended.                                                   applying this paragraph.
Within these limits, Greece shall apply customs duties
calculated in accordance with the provisions laid                                     Article 4
down in the 1979 Act of Accession .
                                                            Additional shares drawn pursuant to Article 3 shall be
                        Article 2                           valid until 30 June 1983
 1 . A first instalment of 45 QQ tonnes of this
                                                                                      Article 5
Community tariff quota shall be allocated among the
Member States. Member States' shares, which, subject
to Article 5, shall be valid from 1 July 1982 to 30         Member States shall return to the reserve, not later
June 1983, shall consist of the following amounts :         than 1 May 1983 , the unused portions of their initial
                                                            shares which, on 15 April 1983 are in excess of 20 %
                                            (tonnes)        of the initial amounts. They may return a greater
         Bénélux                           2 076            portion if there are grounds for believing that such
         Denmark                               675          portion may not be used in full.
         Germany                           1 545
         Greece                                   2
                                                            Member States shall notify the Commission, not later
         France                                             than 1 May 1983 , of the total quantities of the
         Ireland                                4$          products in question imported, up to and including
         Italy                                    3         15 April 1983, and charged against the Community
         United Kingdom                        153          quota and of any portion of their initial shares
                                                            returned to the reserve.
2.    The second instalment of5 OOtonnes shall consti­
tute the reserve .                                                                   Article 6
                                                            The Commission shall keep an account of the shares
                       Article 3                            opened by the Member States pursuant to Articles 2
                                                            and 3 and, as soon as it Has been notified, shall inform
1.    If 90 % or more of a Member States initial share      each State of the extent to which the reserve has been
as fixed in Article 2 ( 1 ), or of that share minus any     used up.
 ---pagebreak---                                                         - 3 -
It shall inform the Member States, not later than 5           the products are entered with the customs authorities
May 1983 of the amount still in reserve after amounts         for free circulation .
have been returned thereto pursuant to Article 5.
                                                              4.     The extent to which a Member State has used up
It shall ensure that the drawing which exhausts the           its share shall be determined on this basis of the
reserve does not exceed the balance available, and to         imports charged against that share in accordance with
this end shall notify the amount of that balance to the       paragraph 3.
Member State making the last drawing.
                                                                                     Article 8
                         Article 7
                                                              At the Commission s request, Member States shall
1.    Member      States  shall   take  all    appropriate    inform it of the imports actually charged against their
measures   to   ensure   that additional    shares  drawn     shares.
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against                                  Article 9
their aggregate shares of the Community quota.
                                                              Member States and the Commission shall cooperate
2. Member States shall ensure that importers of the           closely to ensure that this Regulation is complied
products in question established in their territory have      with .  .
free access to the shares allocated to them .
                                                                                     Article 10
3. Member States shall charge imports of the
products in question against their shares as and when         This Regulation shall enter into force on 1 July 1982 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Luxembourg,
                                                                          For the Council
                                                                           The President