31978R0964

13 . 5 . 78 No L 125/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 964/ 78

of 8 May 1978

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 1978 to 30 June 1979)

THE COUNCIL OF THE EUROPEAN terrupted application of the rate laid down for that COMMUNITIES, quota to all imports of the products concerned into all Member States until the quota has been used up ; whereas, in the light of these principles, the Commu­ Having regard to the Treaty establishing the European nity nature of the quota can be respected by allocating Economic Community, and in particular Article 28 the tariff quota among the Member States listed thereof, below ; whereas statistics available for these products do not give a clear picture of the market situation for Having regard to the draft Regulation submitted by them ; whereas, therefore, it is not possible to allocate the Commission , the quota among the Member States on the basis of import trends for the relevant products over the past few years ; whereas, however, according to the esti­ Whereas eel fishing has been prohibited or has mates put forward by the Member States, initial shares become impossible in certain Community production may be fixed at the quantities set out in Article 2 ; centres ; whereas this has led to a drop in Community production of eels in general and particularly of fresh eels (live or dead), chilled or frozen, falling within whereas, in order to take into account import trends subheading ex 03.01 A II of the Common Customs for the products concerned, the quota amount should Tariff, intended for curing or skinning or for use in be divided into two instalments, the first instalment the industrial manufacture of products falling within being allocated, and the second forming a reserve heading No 16.04 ; whereas the processing industries intended subsequently to cover the requirements of in the Community consequently depend to a large the Member States which have used up their initial extent on imports for their supplies of eels ; whereas shares ; whereas, in order to ensure a certain degree of from 1 July 1978 to 30 June 1979 the application of security for importers, the first instalment of the the autonomous Common Customs Tariff duty should Community tariff quota should be fixed at a level therefore be suspended totally on imports of the rele­ which, under present circumstances, may be 80 % of vant products up to an appropriate quantitative limit ; the quota amount ; whereas, the introduction of a Community measure of this nature is unlikely to harm Community produc­ tion ; Whereas the initial shares may be used up at different rates ; whereas, in order to take this fact into account Whereas current demand not met by Community and to avoid any break in continuity, any Member production which must therefore be met by imports, State which has almost used up its total initial share can be estimated at 6 100 tonnes for the period 1 July should draw an additional share from the reserve ; 1978 to 30 June 1979 ; whereas a tariff quota for the whereas this must be done by each Member State as relevant types of eel should therefore be opened for and when each of its additional shares is almost this period on the conditions set out above ; whereas entirely used up, and repeated as many times as the the fixing of the quota volume at this level does not, reserve allows ; whereas the initial additional shares however, prevent its readjustment during the quota must be valid until the end of the quota period ; period ; whereas this method of administration requires close cooperation between Member States and the Commis­ Whereas it is in particular necessary to ensure to all sion , which must be able to keep account of the importers in the Member States equal and uninter­ extent to which the quota amount has been used up rupted access to the abovementioned quota and unin­ and to inform the Member States accordingly.

No L 125/2 13 . 5 . 78 Official Journal of the European Communities

Article 3 Whereas if, at a given date in the quota period, a considerable balance remains in one or other Member State it is essential, to prevent a part of the Commu­ 1 . If 90 % or more of a Member State's initial share nity tariff quota from remaining unused in one as fixed in Article 2 ( 1 ), or of that share minus any Member State while it could be used in others, that portion returned to the reserve where Article 5 has that Member State should return a significant propor­ been applied, has been used up, that Member State tion thereof to the reserve ; shall forthwith, by notifying the Commission, draw a second share, to the extent that the reserve so permits, Whereas, since the Kingdom of Belgium , the equal to 1 5 % of its initial share, rounded up as neces­ Kingdom of the Netherlands and the Grand Duchy of sary to the next whole number. Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure 2. If, after its initial share has been exhausted, concerning the administration of the shares allocated 90 % or more of the second share drawn by a to that economic union may be carrried out by any Member State has been used up, that Member §tate one of its members, shall forthwith, by notifying the Commission, draw a third share equal to 7-5 % of its initial share, rounded up as necessary to the next whole number, to the extent that the reserve so permits. HAS ADOPTED THIS REGULATION :

3 . If, after its second share has been exhausted, 90 % or more of the third share drawn by a Member Article 1 State has been used up, that Member State shall, in the manner provided in paragraph 2, draw a fourth 1 . During the period 1 July 1978 to 30 June 1979, share equal to the third. a Community tariff quota of 6 100 tonnes shall be opened for fresh eels (live or dead) chilled or frozen, This procedure shall apply until the reserve is used falling within subheading ex 03.01 A II of the up . Common Customs Tariff, intended for curing or skin­ ning or for use in the industrial manufacture of products falling within heading No 16.04. 4. By way of derogation from paragraphs 1 , 2 and 3, Member States may draw lesser shares than those specified therein if there are grounds for believing Control of the use for this special purpose shall be that those specified may not be used in full. They carried out pursuant to the relevant Community provi­ shall inform the Commission of their reasons for sions . applying this paragraph.

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

Additional shares drawn pursuant to Article 3 shall be Article 2 valid until 30 June 1979 .

1 . A first instalment of 4 900 tonnes of this Community tariff quota shall be allocated among the Article 5 Member States. Member States' shares, which, subject to Article 5, shall be valid from 1 July 1978 to 30 June 1979, shall consist of the following amounts : Member States shall return to the reserve, not later (tonnes) than 1 May 1979, the unused portions of their initial Benelux 1 600 shares which, on 15 April 1979, are in excess of 20 % Denmark 996 of the initial amounts. They may return a greater Germany 2 020 portion if there are grounds for believing that such France 56 portion may not be used in full . Ireland 4 Italy 24 Member States shall notify the Commission, not later United Kingdom 200 than 1 May 1979 of the total quantities of the products in question imported up to and including 15 April 1979, and charged against the Community 2. The second instalment of 1 200 tonnes shall quota and of any portion of their initial shares constitute the reserve . returned to the reserve .

13 . 5 . 78 No L 125/3 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 1979, 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 1978 .

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

Done at Brussels, 8 May 1978 .

For the Council

The President

P. DALSAGER