31974R2659

22 . 10 . 74 Official Journal of the European Communities No L 285/ 1

I

(Acts whose publication is obligcitoty)

REGULATION ( EEC) No 2659/ 74 OF THE COUNCIL of 15 October 1974 on the opening , allocation and administration of a Community tariff quota for certain eels falling within subheading ex 03.01 A II of the Common Customs Tariff for 1975

THE COUNCIL OF THE EUROPEAN to the abovementioned quota and uninterrupted appli­ COMMUNITIES, cation of the rates laid down for that quota to all imports of the products concerned into all Member Having regard to the Treaty establishing the European States until the quota has been used up ; whereas, Economic Community, and in particular Article 28 having regard to these principles, the Community thereof ; nature of the quota can be respected by allocating the tariff quota among the Member States listed below ; Having regard to the proposal from the Commission ; whereas statistics available for these products do not Having regard to the Opinion of the European Parlia­ give a clear picture of the market situation for them ; ment ; whereas, therefore, it is not possible to allocate the quota among the Member States on the basis of Whereas eel fishing has been prohibited or has imports of the relevant products over the last few become impossible in certain Community production years ; whereas, however, according to the estimates centres ; whereas this has led to a drop in Community put forward by the Member States, initial shares may production of eels in general and particularly of fresh be fixed at the following quantities : eels (live or dead), chilled or frozen , falling within subheading ex 03.01 A II of the Common Customs Benelux 1 1 50 metric tons , Tariff, intended for curing or skinning or for use in Denmark 600 metric tons , the industrial manufacture of products falling within heading No 16.04 ; whereas the processing industries Germany 3 000 metric tons, France 100 metric tons , in the Community consequently depend to a large Ireland 10 metric tons, extent on imports for their supplies of eels ; whereas for 1975, the application of the autonomous Common Italy 100 metric tons , United Kingdom 250 metric tons ; Customs Tariff duty should therefore be suspended totally on imports of the relevant products up to an appropriate quantitative limit ; whereas, within this limit, the new Member States should apply customs Whereas in order to take into account import trends duties as provided in the Act of Accession (') ; whereas for the products concerned in the different Member however, the United Kingdom has declared that from States, the quota amount should be divided into two 1 January 1974 it will align its duties directly on those tranches , the first tranche being allocated among the of the Common Customs Tariff ; whereas , the intro­ Member States, and the second forming a reserve duction of a Community measure of this nature is intended ultimately to cover the requirements of the unlikely to harm Commifnity production ; Member States which have used up their initial shares ; whereas, in order to ensure a certain degree of Whereas current demand not met by Community security to importers in each Member State, the first production , which must therefore be met by imports, tranche of the Community quota should be deter­ can be estimated at 6 100 metric tons for 1975 ; mined at a level — which , under present circum­ whereas a tariff quota for the relevant types of eel stances , may be 85 % of the quota amount ; »should therefore be opened for 1975 on the condi­ tions set out above ;

Whereas it is in particular necessary to ensure to all Whereas the initial shares of the Member States may Community importers equal and uninterrupted access be used up at different times ; whereas, in order to take this fact into account and avoid any break in (>) OJ No L 7 .?, 27 . 3 . 1972, p. 14 . continuity, it is important that any Member State

No L 285/ 2 Official Journal of the European Communities 22 . 10 . 74

having used up almost the whole of its initial shares amounts : should draw an additional quota share from the Benelux 1 1 50 metric tons, reserve ; whereas this must be done by each Member Denmark 600 metric tons , State as and when each of its additional shares is Germany 3 000 metric tons , almost entirely used up, and repeated as many times France 100 metric tons , as the reserve allows ; whereas the initial and addi­ Ireland 10 metric tons, tional shares must be available for use until the end of Italy 100 metric tons, the quota period ; whereas this method of administra­ United Kingdom 250 metric tons . tion calls for close cooperation between Member 2 . The second tranche , amounting to 890 metric States and the Commission which must, in particular, be able to observe the extent to which the quota tons, shall make up the reserve . amount is used and inform Member States thereof ; Art icli' 3 Whereas, since if, at a specified date in the quota 1 . If 90 % or more of the initial share of a Member period , a considerable balance remains in one or other State , as laid down in Article 2(1 ), or 90% of that Member State it is essential that that Member State share less the amount returned into the reserve , where return a large amount of it back into the reserve , in Article 5 has been applied , has been exhausted , that order to avoid a part of the Community quota Member State shall proceed without delay, by noti­ remaining unused in one Member State when it could fying the Commission , to draw a second share equal be used in others ; to 15% of its initial share, rounded up to the next unit where appropriate, to the extent that the amount Whereas, since the Kingdom of Belgium , the in the reserve allows . Kingdom of the Netherlands and the Grand Duchy of 2 . If, after its initial share has been exhausted , Luxembourg are united in and represented by the 90 % or more of the second share drawn by a Benelux Economic Union , all transactions concerning Member State has been used , that Member State shall the administration of shares granted to the abovemen­ proceed without delay , by notifying the Commission , tioned Economic Union may be carried out by any of to draw a third share equal to 7-5 % of its initial its members, share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . 3 . If, after its second share has been exhausted , HAS ADOPTED THIS REGULATION : 90 % or more of the third share drawn by a Member State has been used , that Member State shall proceed , in the manner specified in paragraph 2 to draw a Art it'll- 1 fourth share equal to the third . This process shall be applied until reserve is 1 . For the period from 1 January 1975 to 31 exhausted . December 1975 , a Community tariff quota of 6 100 metric tons shall be opened for fresh eels (live or 4 . Without prejudice to paragraphs I , 2 and 3 , the dead) chilled or frozen , falling within subheading ex Member States may proceed to draw shares smaller 03.01 A II of the Common Customs Tariff, intended than those fixed in those paragraphs , if there is reason for curing or skinning or for use in the industrial to believe that those shares might not be used up . manufacture of products falling within heading No They shall inform the Commission of the reasons 16.04, under conditions to be determined by the which led them to apply this paragraph . competent authorities . Art icIt' 4 2 . The Common Customs Tariff duties shall be The additional shares drawn pursuant to Article 3 totally suspended on products imported under this shall be valid until 31 December 1975 . tariff quota . Art iclf 5 3 . Within the limits of this tariff quota , the new If, by 15 August 1975 , a Member State has not used Member States shall apply duties calculated in accor­ up its initial share , it shall , not later than 10 dance with the relevant provisions of the Act of Acces­ sion . September 1975 , return to the reserve the unused portion of this share in excess of 20 % of the initial amount . It may return a larger quantity if there are /1 rt iclf 2 reasons to consider that such quantity might not be used . 1 . A first tranche , amounting to 5 210 metric tons^ Each Member State shall , not later than 10 September shall be allocated among the Member States ; the 1975 , notify the Commission of the total imports of shares which , subject to Article 5 , shall be valid until the products concerned effected up to 15 August 1975 31 December 1975 , shall consist of the following inclusive , and charged against the Community quota

22 . 10 . 74 Official Journal of the European Communities No L 285/3

and, where appropriate, the proportion of its initial 2 . Each Member State shall ensure that importers share that is being returned to the reserve . of the product in question established in its territory have free access to the shares allocated to it . Article 6 3 . The Member States shall charge imports of the The Commission shall keep account of the shares said product against their share as and when the product is entered for home use . opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent 4. The extent to which a Member State has used up to which the reserve has been used as soon as it its share shall be determined on the basis of the receives the notifications . imports charged in accordance with paragraph 3 . The Commission shall , not later than 15 September Article 8 1975, notify Member States of the amount in the reserve after the return of shares pursuant to Article 5. Member States shall inform the Commission at regular intervals of imports charged against their The Commission shall ensure that any drawing which shares . uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof Article 9 to the Member State which makes the final drawing. The Member States and the Commission shall coop­ Article 7 erate closely in order to ensure that this Regulation is observed . 1 . The Member States shall take all appropriate measures to ensure that supplementary shares drawn Article 10 pursuant to Article 3 are opened in such a way that charges may be made , without interruption , against This Regulation shall enter into force on 1 January their cumulative shares of the Community quota . 1 975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 1 5 October 1 974.

For the Con mil

The President

B. DESTREMAU