31977R1293

17 . 6 . 77 No L 149 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1293/77 of 14 June 1977 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 (1 July 1977 to 30 June 1978)

THE COUNCIL OF THE EUROPEAN Whereas it is in particular necessary to ensure to all COMMUNITIES, importers in the Member States equal and uninter­ rupted access to the abovementioned quota and unin­ terrupted application of the rate laid down for that Having regard to the Treaty establishing the European quota to all imports of the products concerned into all Economic Community, and in particular Article 28 Member States until the quota has been used up ; thereof, whereas, in the light of these principles, the Commu­ nity nature of the quota can be respected by allocating Having regard to the proposal from the Commission, the tariff quota among the Member States listed below ; whereas statistics available for these products do not give a clear picture of the market situation for Having regard to the opinion of the European Parlia­ them ; whereas, therefore, it is not possible to allocate ment (!), the quota among the Member States on the basis of import trends for the relevant products over the past Whereas eel fishing has been prohibited or has few years ; whereas, however, according to the esti­ become impossible in certain Community production mates 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 Whereas, in order to take into account import trends Tariff, intended for curing or skinning or for use in the industrial manufacture of products falling within for the products concerned, the quota amount should heading No 16.04 ; whereas the processing industries be divided into two tranches, the first tranche being in the Community consequently depend to a large allocated, and the second forming a reserve intended subsequently to cover the requirements of the extent on imports for their supplies of eels ; whereas from 1 July 1977 to 30 June 1978 the application of Member States which have used up their initial the autonomous Common Customs Tariff duty should shares ; whereas, in order to ensure a certain degree of therefore be suspended totally on imports of the rele­ security for importers, the first tranche of the Commu­ vant products up to an appropriate quantitative limit ; nity tariff quota should be fixed at a level which, whereas, the introduction of a Community measure of under present circumstances, may be approximately this nature is unlikely to harm Community produc­ 80 % of the quota amount ; tion ;

Whereas current demand not met by Community Whereas the initial shares may be used up at different production which must therefore be met by imports, rates ; whereas, in order to take this fact into account can be estimated at 6 100 tonnes for the period from and to avoid any break in continuity, any Member 1 July 1977 to 30 June 1978 ; whereas a tariff quota State which has almost used up its total initial share for the relevant types of eel should therefore be should draw an additional share from the reserve ; opened for this period on the conditions set out whereas this must be done by each Member State as above ; whereas the fixing of the quota volume at this and when each of its additional shares is almost level does not, however, prevent its readjustment entirely used up, and repeated as many times as the during the quota period ; reserve allows ; whereas the initial additional shares must be valid until the end of the quota period ; (<) OJ No C 133 , 6. 6 . 1977, p. 47 . whereas this method of administration requires close

No L 149 / 2 17. 6 . 77 Official Journal of the European Communities

Article 3 cooperation between Member States and the Commis­ sion, which must be able to keep account of the extent to which the quota amount has been used up 1 . If 90 % or more of a Member State's initial share and to inform the Member States accordingly ; as fixed in Article 2 ( 1 ), or of that share minus any portion returned to the reserve where Article 5 has Whereas if, at a given date in the quota period, a been applied, has been used up, that Member State considerable balance remains in one or other Member shall forthwith, by notifying the Commission, draw a State it is essential, to prevent a part of the Commu­ second share, to the extent that the reserve so permits, nity tariff quota from remaining unused in one equal to 1 5 % of its initial share, rounded up as neces­ Member State while it could be used in others, that sary to the next whole number. that Member State should return a significant propor­ tion thereof to the reserve ; 2. If, after its initial share has been exhausted, Whereas, since the Kingdom of Belgium, the 90 % or more of the second share drawn by a Kingdom of the Netherlands and the Grand Duchy of Member State has been used up, that Member State Luxembourg are united within and jointly represented shall forthwith, by notifying the Commission, draw a by the Benelux Economic Union, any measure third share equal to 7-5 % of its initial share, rounded concerning the administration of the shares allocated up as necessary to the next whole number, to the to that economic union may be carried out by any extent that the reserve so permits. one of its members, 3 . If, after its second share has been exhausted, 9.0 % or more of the third share drawn by a Member HAS ADOPTED THIS REGULATION : State has been used up, that Member State shall, in the manner provided in paragraph 2, draw a fourth share equal to the third. Article 1 This procedure shall apply until the reserve is used 1 . During the period from 1 July 1977 to 30 June up . 1978 a Community tariff quota of 6 100 tonnes shall be opened for fresh eels (live or dead) chilled or 4. By way of derogation from paragraphs 1 , 2 and frozen, falling within subheading ex 03.01 All of the 3, Member States may draw lesser shares than those Common Customs Tariff, intended for curing or skin­ ning or for use in the industrial manufacture of specified therein if there are grounds for believing that those specified may not be used in full. They products falling within heading No 16.04, under shall inform the Commission of their reasons for conditions to be determined by the competent authori­ ties . applying this paragraph.

2. Within the limits of this tariff quota, the Common Customs Tariff duty shall be totally Article 4 suspended .

Additional shares drawn pursuant to Article 3 shall be Article 2 valid until 30 June 1978 .

1 . A first tranche of 4 900 tonnes of this Commu­ nity tariff quota shall be allocated among the Member Article 5 States. Member States' shares, which, subject to Article 5, shall be valid from 1 July 1977 to 30 June 1978, shall consist of the following amounts : Member States shall return to the reserve, not later than 1 May 1978, the unused portions of their initial (in tonnes) shares which, on 15 April 1978, are in excess of 20 % Benelux 1 600 of the initial amounts. They may return a greater Denmark 996 portion if there are grounds for believing that such Germany 2 020 portion may not be used in full . France 56 Ireland 4 Member States shall notify the Commission, not later Italy 24 than 1 May 1978 , of the total quantities of the United Kingdom 200 products in question imported up to and including 15 April 1978 , and charged against the Community 2. The second tranche of 1 200 tonnes shall consti­ quota, and of any portion of their initial shares tute the reserve . returned to the reserve .

17 . 6 . 77 No L 149 / 3 Official Journal of the European Communities

Article 6 3 . Member States shall charge imports of the products in question against their shares as and when The Commission shall keep an account of the shares the products are entered with the customs authorities opened by the Member States pursuant to Articles 2 for home use . and 3 and, as soon as it has been notified, shall inform each State of the extent to which the reserve has been 4. The extent to which a Member State has used up used up. its share shall be determined on the basis of the imports charged against that share in accordance with It shall inform the Member States, not later than 5 paragraph 3 . May 1978 , of the amount still in reserve after amounts have been returned thereto pursuant to Article 5. Article 8 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to At the Commission's request, Member States shall this end shall notify the amount of that balance to the inform it of the imports actually charged against their Member State making the last drawing. shares .

Article 7 Article 9 1 . Member States shall take all appropriate measures to ensure that additional shares drawn Member States and the Commission shall cooperate pursuant to Article 3 are opened in such a way that closely to ensure that this Regulation is complied imports may be charged without interruption against with . their aggregate shares of the Community quota.

2. Member States shall ensure that importers of the Article 10 products in question established in their territory have free access to the shares allocated to them . This Regulation shall enter into force on 1 July 1977.

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

Done at Luxembourg, 14 June 1977. For the Council

The President T. BENN