CELEX: 31977R2861
Language: en
Date: 1977-12-19 00:00:00
Title: Council Regulation (EEC) No 2861/77 of 19 December 1977 opening allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II b) of the Common Customs Tariff (1978)

23 . 12. 77                             Official Journal of the European Communities                         No L 330 / 7
                                    COUNCIL REGULATION (EEC) No 2861 /77
                                                     of 19 December 1977
                opening, allocating and providing for the administration of a Community tariff
                quota for frozen beef and veal falling within subheading 02.01 A II b) of the
                                               Common Customs Tariff ( 1978 )
THE COUNCIL OF THE EUROPEAN                                        1968 on the common organization of the market in
COMMUNITIES,                                                       beef and veal (4), as last amended by Regulation (EEC)
                                                                   No 425/77 (5), should be applied to any quantity
Having regard to the Treaty establishing the European              exceeding that indicated in the licence ;
Economic Community,
                                                                   Whereas, since the tariff quota in question is relatively
                                                                   small , it ought to be possible to provide for a system
Having regard to the proposal from the Commission,                 of allocation based on a single apportionment
                                                                   between the Member States, without thereby dero­
Having regard to the opinion of the European Parlia­               gating from its Community nature ; whereas it appears
ment (J ),                                                         best to leave to each Member State the choice of a
                                                                   management system for its share of the quota ;
Whereas, in the context of the GATT, the Commu­
nity has undertaken to open, at a duty of 20 % , an                Whereas, since the Kingdom of Belgium, the
annual Community tariff quota of 38 500 tonnes of                  Kingdom of the Netherlands and the Grand Duchy of
frozen beef and veal falling within subheading 02.01               Luxembourg are united within and jointly represented
A II b) of the Common Customs Tariff, expressed as                 by the Benelux Economic Union, any operation
boned or boneless meat ; whereas, therefore, this tariff           concerning the administration of the quota shares allo­
quota should be opened on 1 January 1978 ;                         cated to that economic union may be carried out by
                                                                   any one of its members ;
Whereas equal and continuous access to the quota
should be ensured for all persons concerned and the                Whereas, if at a given date during the quota period it
                                                                   is found that a balance of a quota share remains in
rate laid down for the tariff quota should be applied
                                                                   one or other Member State, it will be necessary, where
consistently in all Member States to all imports of the
                                                                   appropriate, to re-allocate the amounts which have
product in question until the quota is used up ;
whereas a system of utilization of the Community
                                                                   not been used up, in order that they might be used up
                                                                   by other Member States,
tariff quota, based on an allocation between the
Member States concerned, would, in the light of the
principles outlined above, appear consistent with the
Community nature of the quota ; whereas, to repre­                 HAS ADOPTED THIS REGULATION :
sent as closely as possible the actual market trends in
the product in question, the allocation should be
proportionate to the requirements of the Member
States calculated with reference to statistical data on                                       Article 1
imports from third countries during a representative
reference period and to the economic prospects for                 1 . A Community tariff quota for frozen beef and
the quota year in question ;                                       veal falling within subheading 02.01 A II b) of the
                                                                   Common Customs Tariff, totalling 38 500 tonnes
                                                                   expressed as boned or boneless meat, is hereby
Whereas, pursuant to Article 2 (4) of Commission                   opened for 1978 .
Regulation (EEC) No 193/75 of 17 January 1975
laying down common detailed rules for the applica­
tion of the system of import and export licences and               For the purpose of charging imports against this
                                                                   quota, 100 kilograms of unboned meat shall be taken
advance fixing certificates for agricultural products (2),
as last amended by Regulation (EEC) No 1 470/77 (3),               to be equivalent to 77 kilograms of boned or boneless
                                                                   meat .
import licences authorize the importation of a quan­
tity exceeding by 5 % the quantity indicated therein ;
whereas, however, the levy provided for in Article 12              2.     Imports of those goods which have been
of Council Regulation (EEC) No 805/68 of 27 June                   admitted under the benefit of another preferential
                                                                   tariff regime shall not be set off against this tariff
 /) Opinion delivered 16 December 1977 (not yet published          quota .
     in the Official Journal).
  2) OJ No L 25, 31 . 1 . 1975, p. 10 .                            (4) OJ No L 148 , 28 . 6 . 1968 , p. 24.
 [>) OJ No L 162, 1 . 7. 1977, p. 1 1 .                            (5) OJ No L 61 , 5. 3 . 1977, p. 1 .
 ---pagebreak--- No L 330/ 8                             Official Journal ot the European Communities                             23 . 12. 77
3.    The Common Customs Tariff duty for this quota                within their territories, free access to the quota shares
shall be 20 % .                                                    allocated to them .
4.    For the purpose of applying this Regulation , the            2.     The extent to which the shares of the Member
levy fixed in accordance with Article 12 of Regulation             States have been used up shall be verified on the basis
(EEC) No 805/68 shall , as regards imports effected                of imports as the product is presented for customs
under the conditions laid down in Article 2 (4) of
                                                                   clearance under the declaration for consumption .
Regulation (EEC) No 193/75, be applied to any quanti­
ties exceeding those indicated in the import licence .
                                                                                            Article 4
                          Article 2
1 . The quantity of 38 500 tonnes shall be divided                 The Member States shall regularly inform the
into two parts, one totalling 22 000 tonnes, the other             Commission of imports which have been charged
 16 500 tonnes, allocated as follows :                             against their shares.
                           For the part            For the part                             Article 5
                              totalling              totalling
                          22 000 tonnes           16 500 tonnes
                                                                   The Member States and the Commission shall coop­
Benelux                 2 423                    1 817             erate closely to ensure that this Regulation is
Denmark                     1 1 1                    84            complied with .
Germany                 4 334                    3 251
France                   1 532                   1 148
Ireland                      —                       —
                                                                                            Article 6
Italy                   6 314                    4 736
United Kingdom          7 286                    5 464
                                                                   The Commission shall, not later than 1 October 1978 ,
                                                                   submit to the Council a report on the quantities for
                       22 000 tonnes           1 6 500 tonnes      which licences have been delivered in each Member
                                                                   State .
 2.    Imports of the product concerned shall be
 subject to the provisions adopted under Regulation                The Council, acting by a qualified majority on a pro­
(EEC) No 974/71 ('), as last amended by Regulation                 posal from the Commission, shall, where appropriate,
(EEC) No 557/76 (2), as regards the fluctuation of the             re-allocate the amounts which have not been used up.
 currencies of certain Member States .
                                                                                            Article 7
                          Article 3
 1.   The Member States shall take all appropriate                 This Regulation shall enter into force on 1 January
 steps to guarantee all persons concerned, established              1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 19 December 1977 .
                                                                                For the Council
                                                                                 The President
                                                                                 H. SIMONET
 (') OJ No L 106, 12. 5 . 1971 , p. 1 .
 (2) OJ No L 67, 15. 3 . 1976, p. 1 .