31975R2888

12. 11.75 Official Journal of the European Communities No L 292/35

REGULATION (EEC) No 2888/75 OF THE COUNCIL

of 29 October 1975

on the opening, allocation and administration of a Community tariff quota for certain eels falling within subheading ex 03.01 All of the Common Customs Tariff (1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , should therefore be opened for 1976 on the conditions set out above ;

Whereas it is in particular necessary to ensure to all Having regard to the Treaty establishing the importers in the Member States equal and European Economic Community, and in particular uninterrupted access to the abovementioned quota Article 28 thereof; and uninterrupted application of the rate laid down for that quota to all imports of the products concerned into all Member States until the quota Having regard to the proposal from the Commission ; has been used up ; whereas, in the light of these principles, the Community nature of the quota can be respected by allocating the tariff quota among the Member States listed below ; whereas statistics Having regard to the Opinion of the European available for these products do not give a clear Parliament ( x ); picture of the market situation for them ; whereas, therefore, it is not possible to allocate the quota among the Member States on the basis of import Whereas eel fishing has been prohibited or has be­ trends for the relevant products over the past few come 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 be fixed at the quantities set out in Article 2 ; fresh eels (live or dead), chilled or frozen, falling within subheading ex 03.01 A II of the Common Customs Tariff, intended for curing or skinning or Whereas, in order to take into account import trends for use in the industrial manufacture of products for the products concerned, the quota amount should falling within heading No 16.04 ; whereas the be divided into two tranches, the first tranche being processing industries in the Community consequently allocated, and the second forming a reserve intended depend to a large extent on imports for their supplies subsequently to cover the requirements of the Mem­ of eels ; whereas for 1976 the application of the ber States which have used up their initial shares ; autonomous Common Customs Tariff duty should whereas, in order to ensure a certain degree of therefore be suspended totally on imports of the security for importers, the first tranche of the relevant products up to an appropriate quantitative Community tariff quota should be fixed at a level limit; whereas, within this limit, the new Member which, under present circumstances, may be States should apply customs duties as provided in, the approximately 91 % of the quota amount; Act of Accession (2); whereas, the introduction of a Community measure of this nature is unlikely to harm Community production ; Whereas the initial shares may be used up at different rates ; whereas, in order to take this fact into account and to avoid any break in continuity, any Member State which has almost used , up its Whereas current demand not met by Community total initial share should draw an additional share production, which must therefore be met by imports, from the reserve ; whereas this must be done by each can be estimated at 5 700 metric tons for 1976 ; Member State as and when each of its additional whereas a tariff quota for the relevant types of eel shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial additional shares must be valid until the end of the (x ) Opinion delivered on 17 October 1975 (not yet published quota period ; whereas this method of administration in the Official Journal). requires close cooperation between Member States ( 2) OJ No L 73 , 27. 3 . 1972 , p. 14. and the Commission, which must be able to keep

No L 292/36 Official Journal of the European Communities 12 . 11.75

account of the extent to which the quota amount until 31 December 1976, shall consist of the following has been used up and to inform the Member States amounts : accordingly ; in metric tons

Benelux 1600 Whereas if, at a given date in the quota period, a considerable balance remains in one or other Member Denmark 1000 State it is essential, to prevent a part of the Germany 2 200 Community tariff quota from remaining unused in one Member State while it could be used in others, France 100 that that Member State should return a significant proportion thereof to the reserve ; Ireland 10

Italy 90

United Kingdom 200 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly 2. The second tranche of 500 metric tons shall represented by the Benelux Economic Union, any constitute the reserve. measure concerning the administration of the shares allocated to that Economic Union may be carried out by any one of its members,

Article3¶

1 . If 90% or more of a Member State's initial HAS ADOPTED THIS REGULATION : share as fixed in Article 2 ( 1 ), or of that share minus any portion returned to the reserve where Article 5 has been applied, has been used up, that Member State shall forthwith, by notifying the Commission, draw a second share, to the extent that the reserve Article 1 so permits, equal to 15% of its initial share, rounded up as necessary to the next whole number. 1 . During the period 1 January to 31 December 1976, a Community tariff quota of 5 700 metric tons 2. If, after its initial share has been exhausted, 90% shall be opened for fresh eels (live or dead) chilled or or more of the second share drawn by a Member frozen, falling within subheading ex 03.01 A II of the Stace has been used up, that Member State shall Common Customs Tariff, intended for curing or forthwith, by notifying the Commission, draw a skinning or for use in the industrial manufacture of third share equal to 7-5% of its initial share, rounded products falling within heading No 16.04, under conditions to be determined by the competent up as necessary to the next whole number, to the authorities . extent that the reserve so permits.

2. Within the limits of this tariff quota, the Common 3 . If, after its second share has been exhausted, 90% Customs Tariff duty shall be totally suspended. or more of the third share drawn by a Member State has been used up, that Member State shall, in the manner provided in paragraph 2, draw a fourth 3 . The new Member States shall apply duties share equal to the third. calculated in accordance with the relevant provisions of the Act of Accession within this quota. This procedure shall apply until the reserve is used up .

Article 2 4. By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw lesser shares than those 1 . A first tranche of 5 200 metric tons of this specified therein if there are grounds for believing Community tariff quota shall be allocated among the that those specified may not be used in full. They Member States . Member States ' shares, which, shall inform the Commission of their reasons for subject to Article 5, shall be valid from 1 January applying this paragraph.

12 . 11.75 Official Journal of the European Communities No L 292/37

Article4¶

Additional shares drawn pursuant to Article 3 shall 1 . Member States shall take all appropriate be valid until 31 December 1976. measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against Article 5 their aggregate shares of the Community quota.

Member States shall return to the reserve, not later 2. Member States shall ensure that " importers of than 1 September 1976, the unused portions of their the products in question established in their territory have free access to the shares allocated to them . initial shares which, on 15 August 1976, are in excess of 20% of the initial amounts. They may return a greater portion if there are grounds for believing that 3 . Member States shall charge imports of the such portion may not be used in full. products in question against their shares as and when the products are entered with the customs authorities for home use. Member States shall notify the Commission, not later than 1 September 1976, of the total quantities 4. The extent to which a Member State has used of the products in question imported up to and up its share shall be determined on the basis of the including 15 August 1976, and charged against the imports charged against that share in accordance Community quota and of any portion of their initial shares returned to the reserve. with paragraph 3 .

Article8¶

At the Commission's request, Member States shall The Commission shall keep an account of the shares inform it of the imports actually charged against their opened by the Member States pursuant to Articles shares . 2 and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve has been used up. Article 9

It shall inform the Member States, not later than Member States and the Commission shall cooperate 5 September 1976, of the amount still in reserve after closely to ensure that this Regulation is complied amounts have been returned thereto pursuant to with . Article 5 .

Article 10 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 This Regulation shall enter into force on 1 January to the Member State making the last drawing. 1976 .

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

Done at Luxembourg, 29 October 1975.

For the Council

The President

G. MARCORA