31976R2720

No L 313 / 16 Official Journal of the European Communities 15 . 11.76

COUNCIL REGULATION ( EEC) No 2720/76 of 25 October 1976 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 (first half of 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is in particular necessary to ensure to all importers in the Member States equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rate laid down Having regard to the Treaty establishing the European Economic Community, and in particular for that quota to all imports of the products Article 28 thereof, concerned into all Member States until the quota has been used up ; whereas, in the light of these principles , the Community nature of the quota can Having regard to the proposal from the Commission, be respected by allocating the tariff quota among the Member States listed below ; whereas statistics available for these products do not give a clear Having regard to the opinion of the European picture of the market situation for them ; whereas, Parliament ('), therefore, it is not possible to allocate the quota among the Member States on the basis of import trends for the relevant products over the past few Whereas eel fishing has been prohibited or has years ; whereas , however, according to the estimates become impossible in certain Community production put forward by the Member States , initial shares centres ; whereas this has led to a drop in Community may be fixed at the quantities set out in Article 2 ; production of eels in general and particularly of 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 for use in the industrial manufacture of products Whereas, in order to take into account import trends falling within heading No 16.04 ; whereas the for the products concerned , the quota amount processing industries in the Community consequently should be divided into two tranches, the first depend to a large extent on imports for their supplies tranche being allocated, and the second forming a of eels ; whereas from 1 January 1977 to 30 June reserve intended subsequently to cover the 1977 the application of the autonomous Common requirements of the Member States which have used Customs Tariff duty should therefore be suspended up their initial shares ; whereas , in order to ensure totally on imports of the relevant products up to a certain degree of security for importers, the first an appropriate quantitative limit ; whereas, within tranche of the Community tariff quota should be this limit, the new Member States should apply fixed at a level which, under present circumstances, customs duties as provided in the Act of mav be approximately 85% of the quota amount ; 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 Whereas current demand not met by Community rates ; whereas , in order to take this fact into account production , ^vhich must therefore be met by imports, and to avoid any break in continuity , any Member can be estimated at 3 100 metric tons for the first State which has almost used up its total initial share half of 1977 ; whereas a tariff quota for the relevant should draw an additional share from the reserve ; types of eel should therefore be opened for this whereas this must be done by each Member State as period on the conditions set out above ; and when each of its additional 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 quota period ; {>) OJ No C 259, 4. 11 . 1976, p . 37. whereas this method of administration requires close (2) OJ No L 73 , 27. 3 . 1972, p . 14. cooperation between Member States and the

15 . 11 . 76 Official Journal of the European Communities No L 313/ 17

Commission, which must be able to keep account (metric tons) of the extent to which the quota amount has been Benelux 1 080 used up and to inform the Member States Denmark 360 accordingly ; Germany 900 France 36 Whereas, if at a given date in the quota period a Ireland 4 considerable balance remains in one or other Member Italy 45 State, it is essential, to prevent a part of the Community tariff quota from remaining unused in United Kingdom 225 one Member State while it could be used in others , that that Member State should return a significant 2. The second tranche of 450 metric tons shall proportion thereof to the reserve ; / constitute the reserve.

Whereas, since the Kingdom of Belgium, the Kingdom Article 3 of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly 1 . If 90% or more of a Member State's initial share represented by the Benelux Economic Union, any measure concerning the administration of the shares as fixed in Article 2 ( 1 ), or of that share minus any allocated to that economic union may be carried out portion returned to the reserve where Article 5 has by any one of its members, 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 so permits, equal to 15% of its initial share, rounded up as necessary to the next whole number. HAS ADOPTED THIS REGULATION :

2. If, after its initial share has been exhausted, 90% Article 1 or more of the second share drawn by a Member State has been used up, that Member State shall forthwith, by notifying the Commission, draw a 1 . During the period 1 January to 30 June 1977, a third share equal to 7-5% of its initial ishare, rounded Community tariff quota of 3 100 metric tons shall up as necessary to the next whole number, to the be opened for fresh eels (live or dead) chilled or extent that the reserve so permits . frozen, falling within subheading ex 03.01 A II of the Common Customs Tariff, intended for curing or skinning or for use in the industrial manufacture 3 . If, after its second share has ibeen exhausted, 90% of products falling within heading No 16.04, under or more of the third share drawn by a Member conditions to be determined by the competent State has been used up, that Member State shall, in authorities . the manner provided in paragraph 2, draw a fourth share equal to the third.

2. Within the limits of this tariff quota, the Common Customs Tariff duty shall be totally suspended. This procedure shall apply until the reserve is used up .

3 . The new Member States shall apply duties 4. By way of derogation from paragraphs 1 , 2 and calculated in accordance with the relevant provisions 3 , Member States may draw lesser shares than those of the Act of Accession within this quota. specified therein if there are grounds for believing that those specified may not be used in full. They shall inform the Commission of their reasons for applying this paragraph. Article 2

1 . A first tranche of 2 650 metric tons of this Article 4 Community tariff quota shall be allocated among the Member States . Member States ' shares, which, subject to Article 5 , shall be valid from 1 January to Additional shares drawn pursuant to Article 3 shall 30 June 1977, shall consist of the following amounts : be valid until 30 June 1977.

No L 313/ 18 Official Journal of the European Communities 15. 11 . 76

Article 5 Article 3 are opened in such a way that imports may be charged without interruption against their Member States shall return to the reserve, not later aggregate shares of the Community quota. than 1 May 1977, the unused portions of their initial shares which, on 15 April 1977, are in excess 2. Member States shall ensure that importers of the of 20% of the initial amounts. They may return products in question established in their territory a greater portion if there are grounds for believing have free access to the shares allocated to them. that such portion may not be used in full.

3 . Member States shall charge imports of the Member States shall notify the Commission, not products in question against their shares as and when later than 1 May 1977, of the total quantities of the products are entered with the customs the products in question imported up to and authorities for home use. including 15 April 1977, and charged against the Community quota and of any portion of their initial shares returned to the reserve. 4. The extent to which a Member State has used up its share shall be determined on the basis of the imports charged against that share in accordance Article 6 with paragraph 3 .

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles Article 8 2 and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve At the Commission's request, Member States shall has been used u>p. inform it of the imports actually charged against their shares. It shall inform the Member States, not later than 5 May 1977, of the amount still in reserve aifter amounts have been returned thereto pursuant to Article 5 . Article 9

It shall ensure that the drawling which exhausts the Member States and the Commission shall cooperate reserve does not exceed the balance available, and closely to ensure that this Regulation is complied to this end shall notify the amount of that balance with. to the Member State making the last drawing.

Article7¶

1 . Member States shall take all appropriate measures This Regulation shall enter into force on 1 January to ensure that additional shares drawn pursuant to 1977.

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

Done at Luxembourg, 25 October 1976.

For the Council

The President A.P.L.M.M. van der STEE