CELEX: 51983PC0546
Language: en
Date: 1983-09-19
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for silver shake (Merluccius bilinearis) falling within subheading ex 03.01 B I t) of the Common Customs Tariff (1984)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for frozen cod (Gaduo morhua) fillets falling within subheading ex 03.01 B II b) 1 of the Common Customs Tariff (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 546
Vol. 1983/0207
 ---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--- C O M M IS SIO N OF THE EU R O P EA N C O M M U N ITIES
                                                              COM(83) 546 f i n a l
                                                              Brussels, 19 September 1983
                                        Proposal for a
                                   COUNCIL REGULATION (EEC)
  opening, a l l o c a t in g and providing for the administration of a Community
   t a r i f f quota for s i l v e r shake (Merluccius b i l i n e a r i s ) f a l l i n g within
        subheading ex 03.01 B I t ) of the Common Customs T a ri ff (1984)
                                        Proposal for a
                                   COUNCIL REGULATION (EEC)
 opening, a l l o c a t in g and providing for the administration of a Community
     t a r i f f quota for frozen cod (Gaduo morhua) f i l l e t s f a l l i n g within
            subheading ex 03.01 B I I b) 1 of the Common Customs Tariff
                                            (1984)
                     (submitted to the Council by the Commission)
C0M(83) 546 f i n a l
 ---pagebreak---                                             EXPLANATORY MEMORANDUM
In the context of the GATT m u l t i l a t e r a l neg otiations, the Community
has undertaken to open annually Community t a r i f f quotas at 8 % duty
for 2 000 tonnes of s i l v e r hake (Merluccius b i l i n e a r i s ) ex 03.01 B i t )
and 10 000 tonnes of frozen cod f i l l e t s (Gadus morhua) ex 03.01 B II b) 1
The purpose of t h i s proposal is to s a t i s f y the obligations contracted
by the Community by opening these t a r i f f quotas for the period 1 January
to 31 December 1984 and to provide for Greece's share in t h e i r a llo c a t i o n
among Member S t a t e s .
Th e C o m m i s s i o n ' s proposals    f o r t h e s e p r o d u c t s a r e m a i n l y b a s e d on t h o s e
u s u a lly put     forward     in th e   field     of t a r i f f    quotas     in s o f a r as     :
- the quota volumes are divided into two p a r t s , the f i r s t consisting
    of a f a i r l y large q u a n tity , a lloc ated among the Member S t a t e s , and
    the second being a reserve intended to cover any supplementary needs ;
- the a l l o c a t i o n of i n i t i a l shares to the Member S tates is based on
    t h e i r past imports from t h i r d countries over the la s t 3 years and
    on the prospects for the quota year concerned.
Community imports from non p r e f e r e n t i a l t h i r d countries have, over the last
3 ye ar s, evolved as follows :
- SiIver hake
   Member State                                 1980                           1981                           1982
                                            in tonnes                     in tonnes                       in tonnes
   Benelux                                            -                             0                             22
    Denmark                                       684                            112,2                             0
   Germany                                        970                               -                              0
   Greece
    France                                         190                          • 16,5                          109
    Irela nd                                          0                             0                              0
    Italy
    United Kingdom                                  60                                                             0
 ---pagebreak--- -    Frozen cod f i l l e t s
     Member S t a t e                                 1980                               1981                            1982
                                           in t              in %                   in t         in %               in t      in %
     Benelux                              48.9 0               0.52                 173           2.4 0              200      1 . 57
     Denmark                             468.60                4.99                 456           6.3 4              159      1 .25
     Germany                           2 175.50               23.18              1 486          20.64             3 546     27.7 9
     Greece                                 0                  0                      26          0 .3 6             156      1 .22
     France                            1 410.30               15.30                 187           2.60            1 204       9.4 3
     Ireland                                0                   0                      0          0                    0      0
     Ita ly                            1 011.90               1 0 .7 8              434           6.03               439      3 .4 4
     U n i t e d Kingdom               4 271.10               45.50              4 437          61.63             7 058     55.30
                                       9 386.30                                  7 199                           12 762
It     can be seen from t h e f i r s t            table   concer ni ng s i l v e r         hake t h a t    i mpor t
f i g u r e s which a r e not s e p a r a t e l y r ecor ded i n t h e s t a t i s t i c s ,         are incomplete
and t h a t t h e r e f o r e     it i s not p o s s i b l e t o make c a l c u l a t i o n s co nce rn i n g t h e
p e r ce n t ag e o f t o t a l    Community i mp or t s by i n d i v i d u a l Member S t a t e s .
Consequentl y such d at a may not be r e p r e s e n t a t i v e o f i mp or t t r e n d s                     i n each
Member S t a t e .           However, by t a k i n g account o f r e qu i r e m e n t e s t i m a t e s put
f or w a r d by t h e Member S t a t e s ,         one can make         t he f o l l o w i n g p e r ce n t a g e s
e s t i m a t e s o f Member S t a t e s '     in itia l   s har es.
                                                                       S i l v e r hake              Cod f i l l e t s
Benelux                                                                         0.77                        0.4 2
Denmark                                                                       23.2 8                        8.55
Germany                                                                       42.20                       30.80
Greece                                                                          0 .0 1                       0.0 9
France                                                                         14. 81                     17. 11
Ireland                                                                         0 .3 8                       0 .0 9
Ita ly                                                                          0 .6 9                       0 .1 7
U n i t e d Kingdom                                                           17.86                       42.77
The proposed R e g u l a t i o n s f o r e s e e t h e "greyhound system" as t h e o n l y method
o f a d m i n i s t r a t i o n t o be a p p l i e d by t h e Member S t a t e s .
 ---pagebreak---                                               P ro p o s a l f o r a
                                   C O U N CIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff quota for
              silver hake (Merluccius bilinearis) falling within subheading ex 03.01 B i t ) of the
                                            Common Customs Tariff (1 9 8 4 )
TH E CO UNCIL OF TH E EUROPEAN                                     estimates to be made as to the import needs of each
COM M UNITIES,                                                     of them from third countries for the quota period
                                                                  envisaged:
Having regard to the Treaty establishing the
European Economic Community, and in particular                              Benelux                             0-77
Article 113 thereof,                                                        Denmark                            23-28
                                                                            Germany                            42-20
                                                                            Greece                              0-01
Having regard to the proposal from the Commission,                                                             14-81
                                                                            France
                                                                            Ireland                             0-38
Whereas, under Article 64 of the Act of Accession of                        Italy                               0-69
1979, Greece is required to apply in full the Common                        United Kingdom                     17-86
tonnes of silver hake (Merluccius bilinearis) falling
within subheading ex 03.01 B i t ) of the Common
Customs Tariff; whereas the tariff quota concerned                Whereas, to take account of the possible import
should be opened on 1 January 1984 and allocated                   trends for these fish, the quota volume should be
between the Member States;                                         divided into two instalments, the first being allocated
                                                                   between the Member States and the second held as a
                                                                   reserve to cover any subsequent requirements of
Whereas, under Article 64 of the Act of Accession of               Member States which have used up their initial share;
1979, Greece is required to apply in full the Common
Customs Tariff duty in respect of the product in                    Whereas, to give importers some degree of certainty,
question as from 1 January 1981; whereas, therefore,                the first instalment of the tariff quota should be fixed
as from that date, it is necessary to cover, in favour of           at a high level, which in this case could be 65-5 % of
the tariff quotas in question, the requirements of that             the amount of the quota;
Member State during the quota period;
                                                                  Whereas initial shares may be used up at different
                                                                  rates; whereas, to avoid disruption of supplies on this
Whereas equal and continuous access to the quota
                                                                  account, it should be provided that any Member State
should be ensured for all Community importers and
                                                                  which has almost used up its initial share should draw
the rate of levy for the tariff quota should be applied
                                                                  an additional share from the reserve; whereas each
consistently to all imports until the quota is used up;
                                                                  time its additional share is almost used up a Member
whereas, in the light of the principles outlined above,
                                                                  State should draw a further share and so on as many
a Community tariff arrangement based on an
                                                                  times as the reserve allows; whereas the initial and
allocation between the Member States would seem to
                                                                  additional shares should be valid until the end of the
preserve the Community nature of the quota;
                                                                  quota period; whereas this form of administration
whereas, to represent as closely as possible the actual
                                                                  requires close collaboration between the Member
development of the market in the said goods, the
                                                                  States and the Commission, and the Commission
allocation should follow proportionately the
                                                                  must be in a position to keep account of the extent to
requirements of the Member States calculated both
                                                                  which the quotas have been used up and to inform
from statistics of imports from third countries during
                                                                  the Member States accordingly;
a representative reference period and according to the
economic outlook for the tariff year in question;                 Whereas, if at a given date in the quota period a
                                                                  considerable quantity of a Member State’s initial
                                                                  share remains unused it is essential that such State
Whereas, since the fish concerned are not separately
                                                                  should return a significant proportion thereof to the
specified in the statistical nomenclatures of the
                                                                  reserve, in order to prevent a part of the Community
Member States, the available import figures provided
                                                                  tariff quota from remaining unused in one Member
by them cannot be regarded as sufficiently exact or
                                                                  State while it could be used in others;
representative for use as a basis for the allocation
referred to above; whereas the incomplete figures                 Whereas, since the Kingdom of Belgium, the
available together with the estimates made by the                 Kingdom of the Netherlands and the Grand Duchy
Member States allow the following percentage                      of Luxembourg are united within and jointly
 ---pagebreak---                                                 -   2 -
  represented by the Benelux Economic Union, any            3.    If a Member State, after exhausting its second
  measure concerning the administration of the shares       share, has used 90 % or more of the third share
  allocated to that economic union may be carried out       drawn by it, that Member State shall, in the manner
  by any one of its members,                                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.
 HAS A DO PTED TH IS REGULATION:                            4.    By way of derogation from paragraphs 1, 2 and
                                                            3, a Member State may draw shares lower than those
                          Article 1                        specified in those paragraphs if there are grounds for
                                                            believing that those specified may not be used in full.
 1.     From 1 January to 31 December 1984 a
                                                           Any Member State applying this paragraph shall
 Community tariff quota of 2 000 tonnes shall be
                                                            inform the Commission of its;grounds for so doing.
 opened within the Community for silver hake
 (Merluccius bilinearis) falling within subheading ex
 03.01 B 1 1) of the Common Customs Tariff.
                                                                                   Article 4
 2.    The Common Customs Tariff duty shall be
 suspended at the level of 8 % within this tariff quota.   Additional shares drawn pursuant to Article 3 shall be
                                                           valid until 31 December 198 4 .
                          Article 2
 1.    The Community tariff quota referred to in                                   Article 5
 Article 1 shall be divided into two instalments.
                                                           Member States shall, not later than 1 October 1984,
 2.    A first instalment of 1 310 tonnes shall be        return to the reserve the unused portion of their initial
 allocated among the Member States; the shares,            share which, on 15 September 1984 is in excess of
 which subject to Article 5 shall be valid from            20 % of the initial volume.
 1 January to 31 December 1984, shall be as follows:
                                                          They may return a greater portion if there are
                                                           grounds for believing that it may not be used in full.
                                            (tonnes)
                Benelux                           10       Member States shall, not later than 1 October 1984,
                Denmark                         305        notify the Commission of the total quantities of the
                Germany                         552        product in question imported up to and including
                Greece                             1       15 September 198 4 and charged against the
                France                          194        Community quota and of any portion of their initial
                Ireland                            5      shares returned to the reserve.
                Italy                              9
                United Kingdom                  234
                                                                                   Article 6
3.     The second instalment of 690 tonnes shall          The Commission shall keep an account of the shares
constitute the reserve.                                   opened by the Member States pursuant to Articles 2
                                                          and 3 and shall, as soon as the information reaches it,
                                                          inform each State of the extent to which the reserve
                         Article 3                        has been used up.
1.     If a Member State has used 90 % or more of its     It shall, not later than 5 October 1984, inform the
initial share as fixed in Article 2 (2), or of that share Member States of the amount still in reserve,
minus any portion returned to the reserve pursuant to     following any return of shares pursuant to Article 5.
Article 5, it shall forthwith, by notifying the
Commission, <Jraw a second share, to the extent that      It shall ensure,that the drawing which exhausts the
the reserve so permits, equal to 10 % of its initial      reserve does not exceed the balance available, and to
share, rounded up as necessary to the next whole          this end shall notify the amount of that balance to the
number.                                                   Member State making the last drawing.
2.     If a Member State, after exhausting its initial
share, has used 90 % or more of the second share
                                                                                   Article 7
drawn by it, that Member State shall forthwith, in the
manner and to the extent provided in paragraph 1,         1.     The Member States shall take all appropriate
draw a third share equal to 5 % of its initial share,     measures to ensure that additional shares drawn
rounded up as necessary to the next whole number.         pursuant to Article 3 are opened in such a way that
 ---pagebreak---                                                             - 3 -
importations may be charged without interruption                                    Article 8
against their accumulated shares of the Community
                                                             At the request of the Commission, the Member States
quota.
                                                             shall inform it of imports actually charged against
2.     The Member States shall ensure that importers         their shares.
of the product in question,
            have free access to the shares allocated to                             Article 9
 them.
                                                             The Member States and the Commission shall
 3.    The Member States shall charge imports of the
                                                              cooperate closely to ensure that this Regulation is
 product in question against their shares as and when
                                                              complied with.
 the product is entered with the customs authorities
 for free circulation.
                                                                                    Article 10
  4.   The extent to which a Member State has used
  up its sharè shall be determined on the basis of the        This Regulation shall enter into force on 1 January
  imports charged in accordance with paragraph 3.             1984.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                   For the Council
                                                                                     The President
 ---pagebreak---                                                 - 4 -
                                         P r o p o sal f o r a
                                   COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff quota for
              frozen cod (Gadus mOrhua) fillets falling within subheading ex 03.01 B l l b ) 1 of the
                                          Common Customs Tariff (1984;
TH E COUNCIL OF T H E EUROPEAN
COM M UNITIES,
                                                                      Member States         1980       1981      1982
                                                              Benelux                       0.  52     2 .40 1 57
                                                              Denmark                       4 99       6 .34 1 25
Having regard to the Treaty establishing the                                               23 18      20 .64 27 .79
                                                              Germany
European Economic Community, and in particular                                              0          0 .36 1 .22
                                                              Greece
Article 113 thereof,                                                                       15 .30      **60 9
                                                              France
                                                              Ireland                       0          0         0
Having regard to the proposal from the Commission,            Italy                        10  .78     6 .03 3 .44
                                                              United Kingdom               45 .50     61 .63 55 .30
Whereas the Community has undertaken to open an
annual Community tariff quota at 8 % duty for                 Whereas, in view of these factors and of market
10 000 tonnes of frozen cod (Gadus morhua) fillets            forecasts for this product for 1984 the initial
falling within subheading ex 03.01 B II b) 1 of the           percentage shares in the quota volume can be
Common Customs Tariff; whereas the tariff quota               expressed approximately as follows:
concerned should be opened on 1 January 1984 and
                                                                       Benelux                             0'•42
allocated between the Member States;
                                                                       Denmark                             8' 55
                                                                       Germany                            30-■80
Whereas, under Article 64 of the 1979 Act of                           Greece                              0·•09
Accession, Greece is required to apply in full the                     France                             17·■11
Common Customs Tariff duty in respect of the                           Ireland                             0·■09
product in question as from 1 January 1981;                            Italy                               0'•17
whereas, therefore, as from that date, it is necessary                 United Kingdom                     42 •77
to cover, in favour of the tariff quotas in question,
the requirements of that Member State during the              Whereas, to take account of future import trends for
quota period;                                                  the products in question in the various Member
                                                               States, the quota should be divided into two
                                                               instalments, the first being allocated among Member
Whereas equal and continuous access to the quota               States and the second held as a reserve to cover sub­
should be ensured for all Community importers and              sequently the requirements of Member States which
the rate of levy for the tariff quota should be applied        have exhausted their initial share; whereas, to give
consistently to all imports until the quota is used up;        importers in each Member State some degree of
whereas, in the light of the principles outlined above,        certainty, the first instalment of the Community quota
a Community tariff arrangement based on an                     should be fixed at a relatively high level, in this case
allocation between the Member States would seem to             approximately 58 % of the full quota;
preserve the Community nature of the quota;
whereas, to represent as closely as possible the actual        Whereas Member States may exhaust their initial
development of the market in the said goods, the               shares for the products in question at different rates;
allocation should        follow   proportionately the          whereas, to avoid disruption of supplies on this
 requirements of the Member States calculated both              account, it should be provided that any Member State
 from statistics of imports from third countries during        which has almost used up its initial share should draw
 a representative reference period and according to the         an additional share from the reserve; whereas this
 economic outlook for the tariff year in question;              must be done by each Member State as and when
                                                                each of its additional shares is almost entirely used
                                                                up, and repeated as many times as the reserve allows;
Whereas, during the last three years for which                  whereas the initial and additional shares must be
 complete statistics are available, the corresponding           available for use until the end of the quota period;
 imports into each of the Member States represented             whereas this method of administration calls for close
 the following percentages of total imports of the              cooperation between Member States and the
 product in question:                                           Commission, which latter must, in particular, be able
 ---pagebreak---                                                                  -   5 -
 to observe the extent to which the quota amount is           minus any portion returned to the reserve pursuant to
 used and inform Member States thereof;                       Article 5, it shall forthwith, by notifying the
                                                              Commission, draw a second share, to the extent that
 Whereas if, at a specified date in the quota period, a       the reserve so permits, equal to 10 % of its initial
 considerable balance remains in one or other Member          share rounded up, should the occasion arise, to the
  State it is essential that that Member State pay a large    nearest unit above.
  amount of it back into the reserve, in order to avoid a
  part of the Community quota remaining unused in             2.      If a Member State, after exhausting its initial
  one Member State when it could be used in others;           share, has used 90 % or more of the second share
                                                              drawn by it, that Member State shall forthwith, in the
  Whereas, since the Kingdom of Belgium, the                  manner and to the extent provided in paragraph 1,
  Kingdom of the Netherlands and the Grand Duchy of           draw a third share, equal to 5 % of its initial share
  Luxembourg are united within and jointly represented        rounded up, should the occasion arise, to the nearest
  by the Benelux Economic Union, all transactions              unit above.
  concerning the administration of the shares allocated
  to that economic union may be carried out by any             3.     If a Member State, after exhausting its second
  one of its members,                                          share, has used 90 °/o or more of the third share
                                                               drawn by it, that Member State shall, under the same
                                                               conditions, draw a fourth share equal to the third.
                                                               This process shall continue until the reserve has been
' HAS A D O PTED TH IS REGULATION:                             exhausted.
                                                               4.      By way of derogation from paragraphs 1, 2 and'
                                                               3, a Member State may draw shares lower than those
                            Article 1                          specified in those paragraphs if there are grounds for
   1.     From 1 January to 31 December 1984, a                believing that those specified may not be used in full.
   Community tariff quota of 10 000 tonnes shall be            Any Member State applying this paragraph shall
   opened within the Community, for frozen cod                 inform the Commission of its ground for so doing.
   (Gadus pio rhua) fillets falling within subheading
   ex 03.01 B II b) 1 of the Common Customs Tariff.
                                                                                       Article 4
   2.     The Common Customs Tariff duty shall be
   suspended at the level of 8 % within this tariff quota.     Additional shares drawn pursuant to Article 3 shall be
                                                               valid until 31 December 1 9 8 4 .
                             Article 2
    1.    The Community tariff quota referred to in                                     Article 5
   Article 1 shall be divided into two instalments.
                                                                Member States shall, not later than 1 October 1984,
    2.    A first instalment of 5 845 tonnes shall be           return to the reserve the unused portion of their
    allocated among the Member States; the shares,              initial share which, on 15 September 1984, is in excess
    which subject to Article 5 shall be valid from              of 20 % of the initial volume. They may return a
    1 January to 31 December 1984, shall be as follows:         greater portion if there are grounds for believing that
                                               (tonnes)         it may not be used in full.
            Benelux                                 25
            Denmark                                500          Member States shall, not later than 1 October 19 84,
            Germany                              1 800          notify the Commission of the total quantities of the
            Greece                                    5         product in question imported up to and including
            France                               1 000           15 September 198 4 and charged against the
            Ireland                                   5         Community quotas and of any portion of their initial
            Italy                                   10          shares returned to the reserve.
            United Kingdom                       2 500
           The second instalment of 4 155 tonnes shall
    constitute the reserve.                                                             Article 6
                                                                The Commission shall keep an account of the shares
                                                                 opened by the Member States pursuant to Articles 2
                              Article 3
                                                                 and 3 and shall, as soon as the information reaches it,
     1.    If a Member State has used 90 % or more of its        inform each State of the extent ,to which the reserve
    initial share as fixed in Article 2 (2), or of that share    has been used up.
 ---pagebreak---                                                  - 6  -
It shall, not later than 5 October 1984, inform the         3.     Member States shall charge imports of the
Member State of the amount still in reserve following       products in question against their shares as and when
any return of shares pursuant to Article 5.                 the products are entered with the customs authorities
                                                            for free circulation.
It shall ensure that when an amount exhausting the
                                                            4.     The extent to which a Member State has used
reserve is drawn the amount so drawn does not
                                                             up its share shall be determined on the basis of the
exceed the balance available, and to this end shall
                                                             imports charged in accordance with paragraph 3.
notify the amount of that balance to the Member
State making the last drawing.
                                                                                    Article 8
                                                             At the request of the Commission, the Member States
                        Article 7                             shall inform it of imports actually charged against
                                                              their shares.
 1.   Member States shall take all appropriate
 measures to ensure that additional shares drawn                                    Article 9
 pursuant to Article 3 are opened in such a way that
 importations may be charged without interruption             The Member States and the Commission shall
 against their accumulated shares of the Community             cooperate closely to ensure that this Regulation is
 quota.                                                        complied with.
                                                                                    Article 10
 2.    Member States shall ensure that importers of the
 products in question,                                         The Regulation shall enter into force on 1 January
 have free access to the shares allocated to them.             1984.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                    For the Council
                                                                                     The President