CELEX: 51982PC0121
Language: en
Date: 1982-03-26
Title: DRAFT COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain fish of the species Sardinops sagax or ocellata, whole or headless, intended for processing, falling within subheading ex 03.01 B I q) of the Common Customs Tariff#DRAFT COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for flaps of fish, of the species Sardinops sagax or ocellata, intended for processing, falling within subheading ex 03.01 B I q) of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 121
Vol. 1982/0042
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(82)121 final
                                                      Brussels , 26 March 1982
                         »<v ( DRAFTDRAFT „
                                   ;>>    -, • ,
                        COUNCIL'* REGULATION ( EEC )
opening , allocating and providing for the / administration of a Community
tariff quota for certain fish of the species Sardinops sagax or ocellata .
                                                 '..V
whole or headless , intended for processing , falling within subheading ex
                               X/ : ■/, .'M
               03.01 B I q ) of the .Common Customs Tariff
                                     DRAFT
                        COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
tariff quota for flaps of fish ,of the species Sardinops sagax or ocellata ,
intended for processing , falling within subheading ex 03.01 B I q ) of the
                          Common Customs Tariff
             ( submitted to the Council by the Commission )
C0M(82 ) 121 final
 ---pagebreak---                              EXPLAN AT OR Y MEMORANDUM
 1 , 8y its regulations 'S£Q Nog 3637 / S1 and 3688 / S1 of 15 December 1981   41 )
     the Council opened autonomous tariff quotas for the first half of 1982
     for whole or headless fish and flaps of fish of the species " Sardinops
     sagax " or "ocellata "^ intended for processing and fall'ing within sub­
     heading ex 03.01 B I q ) of the Common Customs Tariff - ' The quota duty •
     was fixed at 9% and the respective quota volumes amounted to 3 000 and
     5 000 tonnes .
2 . The possibility of opening new quotas for the second half of the current
     year was considered during a meeting of the " Economic Tariff Problems "
     group held on 20 January 1982 ,      It appeared that a solution envisaging
     tariff quotas on the same conditions with respective qufcta volumes of
     2 300 and 5 000 tonnes , shared araong the Member States in proportion
     to theis' estimated r equi rements , would be acceptable to all Member States .
     This is the purpose of the present draft regulations .
 CD O.J. No L 369 of 24.12.1981 , p. 6 .
                                                                    !
 ---pagebreak---                                                                    DRMFT
                                              COU"-CiL &EG U LA T'ON {T ~Z,
                         opening, allocating ?.nc k. rovidi *g x*»r the adra i - i.V:      :>£ a Coromuntty thrift
                                  for certi.fR f""N. of ch# ap^cies Sarimops ssgtx c : ocel^is, ocelli, whcJt sr
                         headless, intended fes' procecsmg , '*i!mg within svbhes^mg ex 03.01 F I q) c-£
                                                        ihe CosT-t/iOn Custotm Tarif*
           THE COUNCIL OF r^E susotcan                                   needs arising ui thv Community, the quota volume
           COMMUNITIES.                                                  may, for experimental purposes, be allocated on the
                                                                         basis of the estimated te mporary Import needs from
                                                                         third countries of each of the Member States ; whereas
           Having regard to the Treaty establishing the European         these arrangements for allocation wiil also ensure the
           Economic Community, anci in particular Article 28             uniform application of the Common Customs Tariff ;
           thereof,
                                                                         Whereas, to take account of possible import trends for
                                                                         the product concerned, the quota volume should be
           Whereas the production of fish of the species                 divided into two tranches, the first being allocated
           Sardinax sagax, or ocelSata is currently insufficient in      between certain Member States and the second held as
           the Community to meet the requirements of the user            a reserve to meet subsequent requirements of Member
           industries in the Community ; whereas, consequently,          States which have used up their initial shares and any
           Community supplies of products of this type depend            additional requirements which might arise in the
           to a considerable extent on imports from third coun­          other Member States ; whereas, to give importers of
           tries ; whereas i? is in the Community's interest to          the Member States some degree of certainty, the first
           partially suspend the Common Customs Tariff duty              tranche of the tariff quota should be fixed at a rela­
           for the products in question, within a Community              tively high level, which in this case could be 2177
           tariff quota of an appropriate volume ; whereas in            tonnes ;
           order not to bring into question the development pros­
            pects of this production in the Community while
           ensuring an adequate supply to satisfy user industries,       Whereas the initial snares of the Member States may
            it is advisable to limit the benefits of tariff quotas
                                                                         be used up at different rates ; whereas, to avoid disrup­
           solely to products which meet certain criteria as to          tion of supplies on this account, any Member State
           dimension and use, to open the quota for the, period          which has almost entirely used up its initial share
/"December  fromWjuly to 31 / 1982 and to fix the volume                 should draw an additional share from the reserve ;
           of this quota at a level of 2300 fonnes, corresponding        whereas, each time its additional share is almost
            to the needs for imports from third countries during
                                                                         entirely used up, a Member State should draw a
            that period, and to fix the quota duty at 9 % ;              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 equal and continuous access to the quota              whereas this form of administration requires close
           should be ensured for all Community importers snd             collaboration between the Member States and the
            the rate of duty for the tariff quota should be applied       Commission, which latter must be in a position to
            consistently to al). imports until the quota is               keep account of the extent to which the quota "has
            exhausted ; whereas, in the light of these principles,        been used up and to inform the Member States accord­
            arrangements for the utilization of the tariff quota          ing1^
            based on an allocation among Member States would
            seem to be consistent with the Community nature of
            the quota ; whereas, to correspond as closely as             Whereas, if at a given date in the quota period a
            possible to the actual trend in the market in the             considerable quantity of a Member State's initial share
            product in question, allocation of the quota should be        remains unused, it is essential that that Member State
            in proportion to the requirements of the Member               should return a significant proportion to the reserve,
            States as calculated by reference to statistics of imports    in order to prevent a part of the Community quota
            from third countries during a representative reference        remaining unused in one Member State while it could
             period and to the economic outlook for the quota             be used in others ;
             period in question ;
                                                                          Whereas, since the Kingdom           of Belgium, the
             Whereas, however, since the 'quota is an autonomous          Kingdom of the Netherlands and the Grand Duchy of
             Community tariff quota intended to cover import              Luxembourg are united within and jointly represented
             (
 ---pagebreak---                                                                  2 -
by the Benelux Economic Union, any measure                                                                       tonnes
concerning the administration of the shares allocated                        Bénélux                               267
to that economic union may be carried out by any                             Denmark                                  S
one of its members,
                                                                             The Federa! Repubiic
                                                                             of Germany                         I 900
                                                                             France                                   5
                                                                    2.     The g?eand iranehs of : 33 toniitt shall consti­
                                                                    tute the reserve.
HAS ADOPTED THIS REGULATION :
                                                                                             Article 3
                            Article 1
                                           December                 If requirements arise in Greece, Ireland, Italy or the
                                                                    United Kingdom for products of this kind, these
1.     From 1 July              until .51 ~ ' 1982 the ,            Member States shall draw an adequate share from the
Common Customs Tariff duty for fish of the species                  reserve, in so far as the amounts available in this
Sardinops sagax or oceliata, of a length of 20 cm or                reserve so permit.
more if whole or !5 cm or more if headless, intended
for processing, falling within subheading ex 03.01 B I
q) (a) (b) shall be suspended at a level of 9 % within
the framework of a Community tariff quota of 2300                                            Article 4
tonnes .
                                                                     1.     If a Member State has used 90 % or more of its
                                                                     initial share as fixed in Article 2 ( 1 ), or of that share
2. Within the limits of the tariff quota; Greece shall               minus any portion returned to the reserve pursuant to
apply customs duties calculated in accordance with                  Article 6, it shall forthwith, by; notifying the Commis­
the relevant provisions           the 1979 Act of Accession          sion , draw a second share , to che extent that the
                                                                     reserve so permits, equal to 10 % of its initial share
                            Article 2 .                              rounded up as necessary to the next whole number.
                                                                     2.     If a Member State, after exhausting its initial -
 1.     A first tranche of 21.77 tonnes of this Commu­               share, has used 90 % or more of the second share
 nity tariff quota shall be tl'.ocsted among certai"                 drawn by it, Lhat Member State shall forthwith, in the
Member States ; the. sharij, which subject to Article 6              manner and to the extent provided, in paragraph 1 ,
 shall be valid unil!       31      !" 82, shall be as follows :     draw , a third share equal to 5 % , of. its initial share
                                  December                           rounded up as necessary to the next whole number.
(a) The suspension shall apply to fish intended to undergo
     any operation unless they are intended to undergo exclu­
     sively one or more of the following operations : -              3.     If a Member State, after exhausting its second
                                                                     share, has used 90 % or more of the third share drawn
     – cleaning, gutting, tdir.g, heading ;                          by it, that Member State shall forthwith, in the
     – cutting (excluding filleting or cutting of frozen              manner and to the extent provided in paragraph 1 ,
         blocks) ;                                                   draw a fourth share equal to the third.
     – sampling, sorting ;
     – labelling ;
     –   packing ;                                                   This process shall apply until the reserve is used up.
     –   chilling ;
     –   freezing ;
     –   deep freezing ;                                              4. By way of derogation from paragraphs 1 to 3, a
     –-  thawing, separation.                                         Member State may draw shares lower than those speci­
                                                                      fied in those paragraphs if there < are grounds for
     The suspension is not allowed for products intended, in          believing that :hose specified may not be used in full.
     additin, to undergo treatment (or operations) qualifying         Any Member State applying this paragraph shall
     for suspension where such tre ^ 'nent (or operations) is         inform the Commission of its grounds for so doing.
     (are) carried out at retail or catering level.
     The suspension of customs duties shall apply only to fish
     intended for human consumption.                                                          Article 5
 (b) Checks on their use for this special purpose shall be
                eut p'wiiiUuAt   kO  tà'it  rclcvitiii                Additional shares drawn pursu?:".:       Article 4 shd! be
     provisions.                                                      valid until . 31 December 1982 .
 ---pagebreak---                                        A "kk 6         November                      Mc'ibc          Str-';os  shall   take           ropnate
                                                                             i~.<: : X'.s t ? fti' . ore        the products listed in Article
           Member States sha'i , not later than 15 /                 19C.',,
                                                                             I ( i ) benefiting from :Ji« tariff quoca in c.vsssion art
           refu:n to 'he reserve the_unused portion of the ;- initial        indeed intended for proces.r-og.
/ November snare vvhich , on 1       / 1982, is in excess of 20 % of
           the initial volume. They may return a greater portion
           if there are grounds for believing that it may not he-
           used in full.                               November
           Member States shall, nor. later than 1 Si ' 1982,                 3.      Member States                ensure :hat importers of the
           notify ths Commission of the total quantities c. f the            product in question, established in their territory, have
           picduct.i in question imported up to I                1982 snd    free access          the shares allotted to them.
           charged against the Community quota and of any
           portion of their initial shares returned to the reserve.          4. Member States shall charge imports of the
                                                                             product in question against their shares as the product
                                                                             is entered with the customs authorities for free circula­
                                       Article 7
                                                                             tion.
           The Commission shall keep an account of the shares                5.      The extent to which Member States have used
           opened by the Member States pursuant to Articles 2, 3             up their shares shall be determined on the basis of
           and 4 and shall, as soon as the notifications reach it,
                                                                             imports charged against them under the conditions
           inform each State of the extent to which the reserve
                                                                             set out in paragraph 4.
           has been used up.              November
           It shall, not later than 20 /             i982, inform the                                         Article 9
           Member      States    of   the   amounts    still   in  reserve
           following any return of shares pursuant to Article 6.             At the Commission s request, the Member States shall
                                                                             inform it of imports actually charged against their
           It shall ensure that the drawing which exhausts the               shares.
           reserve does not exceed the balance available, and to
           this end shall notify the amount of that balance to the                                            Article 10
           Member State making the last drawing.
                                                                             The Member States and the Commission shall coop­
                                       Article 8                             erate closely to ensure that this Regulation is
                                                                             complied with.
            1.    Member       States   shall   take    all    appropriate
           measures     to   ensure    that additional      shares  drawn                                     Article 11
           pursuant to Article 4 are opened in such a way that
           imports may be charged without interruption against               This Regulation shall enter into force on 1 July
            their aggregate shares of the Community tariff quota.             1982.
                          This Regulation shall be binding in its entirety and directly applicable m all Memoer
                           States.
                           Done at Brussels,
                                                                                             For the Council
                                                                                              The President
 ---pagebreak---                                                                            DRAFT
                                                 COUNCIL REGULATION ( EEC)
                              opening, allocating and providing for chs e-dnsiaistraUon of a. Commur. ity tariff
                              quota £o»° flaps o£ :? ish of fins species Savdiaops s&gax or oce??.at£, intended *or
                              proesssing, fcliiag wishia swfcfeeaiiXmg -sx 0?.GI '& I q) of ike Coamoa Customs
                                                                         "£s.niï
               THE COUNCIL OF THE EUROPEAN                                       Whereas, however, since the quota is an autonomous
               COMMUNITIES.                                                      Community tariff quota, intended to cover import
                                                                                 needs' arising in the Community, the quota volume
                                                                                 may, for experimental purposes, be allocated on the
                                                                                 basis o£ the estimated temporary import needs from
                                                                                 third countries of each of the Member States ; whereas
               Having regard to the Treaty establishing the European
               Economic Community, and in particular Article 28                  these arrangements for allocation will equally ensure
              thereof,                                                           the uniform application of the Common Customs
                                                                                 Tariff ;
               Whereas the production of flaps of fish of the Species            Whereas, to take account of possible import trends for
               Sardinops sagax or Ocellata is currently insufficient in          the product concerned, the quota volume should be
               the Community to meet the requirements of the user                divided into two tranches, the first being allocated
               industries in the Community ; whereas, consequently,              between certain Member States and the second held as
               Community supplies of products of this type depend                a reserve to meet subsequent requirements of Member
               to a considerable extent o;i imports from third coun­              States which have used up 'their initial shares and any
               tries ; whereas it is in the Community's interest to               additional requirements which might arise in the
               partially suspend the Common Customs Tariff duty                   c the: Member States ; whereas, to give importers of
               for the products in question, within a Community                   the Member States some degree o' certainty, the fi-s*
               tariff quota of an appropriate volume ; whereas in                 tranche of the tariff quota should be fixed at a rela­
               order not to bring into question the development pros­             tively high level, which in this case could be 4 785
               pects of this production in the Community while                    tonnes :
               ensuring an adequate supply to satisfy user industries,
               it is advisable to limit the benefits of tariff quotas
               solely to products which meet certain criteria as to
               dimenr'T and 're, to open the quota for the period                 Whereas initial shares may be used up at differer.*.
/ Dec Stub 3 r from 1 Jul.)' to 31 / 1982 and to fix the volume                   rates ; whereas, to avoid disruption of supplies on this
                of this q- :*.3 at ? led of. 5 000 tonnes, a quantity             account, it should be provided that any Member State
                which corresponds to the needs for imports from                   which has almost ujtd up its initial share should drav;
                third ccur.triis during that period, and to fix the               an additional share fi om the reserve ; whereas, each
                quota duty at 9 % ;                                               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 yalid until the end of the
                v7hereas equal and continuous access to the quota                 quota period : whereas this form of administration
                should be ensured for all Community importers and                  requires close collaboration between the Member
                the rate of duty for the tariff quota should be applied           States and the Commission, which latter must be in a '
                consistently to all imports until the quota is                     position to keep account pf the extent to which the
                exhausted ; whereas, in the light of these principles,            quota has been used up and to inform the Member
                arrangements for the utilization of the tariff quota              States accordingly ;
                based on an allocation among Member States would
                seem to be consistent with the Community nature of
                the quota ; whereas, to correspond as closely as
                possible to the actual trend in the market in the                 Whereas, if at a given date in the quota period a
                product in question, allocation of the quota should be             considerable quantity >of a Member State's initial share
                in proportion to the requirements of the Member                    remains unused, it is essenti?'. that that Metrber State
                States as calculated by reference to statistics of imposts         should return a significant proportion to the receive,
                from third countries during a representative reference             in order to prevent e part of the Community quo*-
                period and to the economic outlook for die quota                   iw-.naining ujuscf one JjJs.-r.ber St?*t T'hile it "~iM
                period in question ;                                              be used in others ;             .,
                                                                                                              ; ι
                                                                                                              Μ η
                                                                                                                   ΐ
                                                                                                                i
                                                                                                               r„
                                                                                                               M !ï
 ---pagebreak---    Whereas, since the Kingdom of Belgium, the
 . Kingdom of the Netherlands and the Grand Duchy e £
   Luxembourg are united within and jointly represented
   by the Benelux Economic Union, any ineasur?
   concerning the administration of the shares dlocaitd
   to that economic union may be carried out by ? ny
   one of its members,
   HAS ADOPTED THIS REGULATION :
                              Article 1
                                            December
    1 . From 1 July until 31 /                         1982 the
   Common Customs Tariff duty for flaps of fish of the
, species Saidinops sagax or Ocellata, of a length of
    12 cm or more, intended for processing, falling within
   subheading ex 03.01 B I q) /Shall be suspended at a
   level of 9 % within the framework of a Community
   tariff quota of 5 000 tonnes.          j
   2. Within the limits of the tariff quota, Greece shall
   apply customs duties calculated in accordance with
   the relevant provisions in the 1979 Act of Accession.
  (a) The suspension shall apply to fish intended to undergo
       any operation unless they are intended to undergo exclu­
       sively one or more of the following operations : •
       – cleùning.
       – cutting (excluding filleting or cutting of frozen
           blocks ) ;
       – sampling, sorting ;
       – labelling ;
       – packing ;
       – chilling ;
       – freezing ;
       – deep freezing ;
       – thawing, separation .
       The suspension is not allowed for products intended, in
       addiion, to undergo treatment (or operations) qualifying
        for suspension where such treatment (or operations) is
       (are) carried out at retail or catering level .   i>
       The suspension of customs duties shall apply only to fish
        intended lor human consumption.
   (b) Checks on their use for this special purpose shall be
        carried out pursuant to the relevant Community
        provisions.
 ---pagebreak---                                         - 3 -
                          Article 2
 1.    A first tranche of 4 785 tonnes of this Commu­
nity tariff quota shall, be allocated among certain
Member States ; the shares, which subject to Article 6
shall be valid until     31 A 1 982, shai.i be as follows :
                          December           tonnes
         Bénélux                                25
         Denmark                                 5
         The Federal Republic
         of Germany                          4 750
         France                                  5
                                       *
2.     The second tranche of 215 tonnes shall consti­
tute the reserve.
                          Article 3
If requirements arise in Ireland, Italy, Greece or the
United Kingdom for products of this kind, :hese
Member States shall draw an adequate sh?.:e in so far
as the amounts available in this reserve sc permit.
                          Article 4
 1.     If a Member State has used 90 % or more of its
 initial share as fixed in Article 2 (1 ), or of that share
 minus any portion returned to the reserve pursuant to
 Article 6, it shall forthwith, by notifying the Commis­
 sion, draw a second share, to the extent that the
 receive so permits, equal to !0 % of it:, initial share
 rounded up as necessary to the next whole number.
                                         fi
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 r.ei^t whole number.
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
share equal to the third.
This process shall apply until the - reserve is used up.
                                         C
4. By way of derogation from paragraphs 1 to 3, a
 Member State may draw share; lewer than those speci­
 fied in these paragraphs if there : are grounds for
 believing that those specified may met be used in full.
 Any Member State applying this: paragraph shall
 inform the Commission of its grounds for so doing.
 ---pagebreak---                                - 4    -
                        Article i
Additional shares drawn pursusr.t to Article 4 "ha!! be
valid until 31   /    1582.
                   December -
                        Article 6
                                      Novembe_r_
Member States shall, not later than IS        /    1982,
return to the reserve the unused portion of their initial _
share which, on 1 / 1982, is in excess ol 20 % of / November
the initial volume. They may return a greater portion
if there are grounds for believing that ir may not be
used in fuil.
                                         November
Member States shall, not later than 15        /    1982,
notify the Commission of the total quantities of the
products in question imported up to 1         1982 and /November
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, as soon as the notifications reach it,
inform each State of the extent to which the reserve
has been used up. It shall, not later than 20 /« 982, / November
inform the Member States of the amounts stil! in
reserve following any return of shares pursuant to
Article 6.
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---                          Article S                           5.    The extent to which Member States havu used
                                                             up their shares shall be determined on the basis of
 1.    Member     States  shall   take all   appropriate     imports charged against them under the conditions
measures to ensure that additional shares drawn
                                                             set out in paragraph 4.
pursuant to Article 4 are opened in such a way that
imports may be charged without interruption against
their aggregate shares of the Community tariff quota.                               Article 9
2.     Member     States  shall   take all   appropriate     At the Commission's request, the Member States shall
measures to ensure that the products listed in Article
1 (1 ) benefiting from the tariff quota in question are      inform it of imports actually charged against their
                                                             shares.
indeed intended for processing.
                                                                                   Article 10
                                                             The Member States and the Commission shall coop­
3.     Member Staces shall ensure that importers of the       erate closely to ensure that this Regulation is
product in question, established in their territory, have     complied with.
free access to the shares allotted to them.              t
4. Member States shall charge imports of the                                       Article 11
product in question against their shares as the product
is entered with the customs authorities for free circula­     This Reguhtion shall enter into force on 1 July
tion.                                                         1982.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                                                                                                ,
               Done at Brussels,                                                                n
                                                                         For the Council
                                                                          The President