CELEX: 31976R1486
Language: en
Date: 1976-06-21 00:00:00
Title: Council Regulation (EEC) No 1486/76 of 21 June 1976 on the opening, allocation and administration of the Community tariff quota of 5 000 head of bulls, cows and heifers, other than those intended for slaughter, of certain Alpine breeds falling within subheading ex 01.02 A II b) 2 of the Common Customs Tariff

26 . 6. 76                           Official Journal of the European Communities                          No L 167/5
                                   COUNCIL REGULATION (EEC) No 1486/76
                                                      of 21 June 1976
               on the opening, allocation and administration of the Community tariff quota of
               5 000 head of bulls, cows and heifers, other than those intended for slaughter, of
               certain Alpine breeds falling within subheading ex 01.02 A II b) 2 of the
                                                Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                     animals in question until the quota is exhausted ;
COMMUNITIES,                                                    whereas, having regard to the principles defined
                                                                above, the Community nature of the quota can be
Having regard to the Treaty establishing the European           respected by allocating the Community tariff quota
Economic Community, and in particular Articles 43               among the Member States ; whereas possibilities for
and 1 1 3 thereof,                                              the use of such mountain breeds are, however, limited
                                                                by special factors, both geographical and zootech­
Having regard to the proposal from the Commission,              nical ; whereas Denmark does not have regions
                                                                suitable for breeding this kind of cattle ; whereas,
                                                                however, in view of such special factors, the Commu­
Having regard to the opinion of the European Parlia­            nity nature of the tariff quota in question should be
ment ('),                                                       preserved by making provision for requirements
                                                                which may arise in this Member State ; whereas to this
Whereas the European Economic Community under­                  end, this Member State may proceed to draw adequate
took within the framework of the GATT to open an                shares from the Community reserve which has been
annual Community tariff quota of 5 000 head at a                set up ; whereas, in order to reflect as closely as
duty of 4 % for bulls, cows and heifers, other than             possible the actual trend of the market in question,
those intended for slaughter, of certain Alpine breeds          the initial allocation must be made in proportion to
falling within subheading ex 01.02 A II b) 2 of the             the requirements of each of the Member States
Common Customs Tariff ; whereas eligibility for such            concerned, calculated in accordance with statistical
quota is subject to submission of the following docu­           data concerning imports from third countries during a
ments :
                                                                representative reference period and with economic
                                                                prospects for the quota period in question ;
— bulls :
     pedigree certificate,
— female animals :                                              Whereas, since the animals in question belong to
                                                                certain specific breeds which are not specified as such
     pedigree certificate or certificate of registration in     in the statistical nomenclatures of the Member States,
     the herdbook, certifying purity of breed ;                 no data on imports provided by the Member States
                                                                could be considered to be sufficiently accurate and
Whereas, under Article 60 of the Act concerning the             representative to be used as a basis for the allocation
conditions of accession and the adjustments to the              in question ; whereas the extent to which Community
Treaties (2), the new Member States are obliged to              tariff quotas for those animals, in the Community as
apply the Regulations of the common agricultural                originally constituted, have been exhausted, and the
policy from 1 February 1973 onwards ; whereas any               estimates made by certain Member States, enable the
requirements which may arise in these Member States             requirements of each of them as regards imports from
during the quota period under consideration should,             third countries for the quota period envisaged to be
therefore, be taken into account in the Community               assessed as follows :
tariff quota in question ; whereas the abovementioned
tariff quota for the period 1 July 1976 to 30 June
 1977 should, therefore, be opened at a duty of 4 % for                 Germany                        250 head,
the Community as originally constituted and at a duty                   France                         120 head,
corresponding to the provisions of the abovemen­                        Italy                       4 630 head ;
tioned Act for the new Member States ;
Whereas, it is in particular necessary to ensure equal          Whereas the needs of Ireland may, in the absence of
and continuous access for all Community importers to            precise information, be assessed at 25 head ;
the abovementioned quota, and the uninterrupted
application of the quota duties to all imports of the
(») OJ No C 125, 8 . 6. 1976, p. 47.                            Whereas, in order to take into account the possible
(2) OJ No L 73, 27. 3. 1972, p. 14.                             trend of imports of the aforementioned animals into
 ---pagebreak--- No L 167/6                        Official Journal of the European Communities                                 26 . 6 . 76
the said Member States, the quota amount of 5 000           mottled, Simmental breed and the Schwyz and
head should be divided into two parts, the first part       Fribourg breeds, falling within subheading ex 01.02 A
being allocated among certain Member States, the            II b) 2 of the Common Customs Tariff.
second forming a reserve intended subsequently to
cover the requirements of these Member States when          2.      Eligibility for this tariff quota shall be subject to
their initial shares are exhausted and requirements         the submission :
which may arise within other Member States ; whereas        — in the case of bulls :
in order to ensure a certain degree of security for
importers in the aforementioned Member States, the               of a pedigree certificate,
first part of the Community quota should be deter­          — in the case of female animals :
mined at a comparatively high level which under the
present circumstances may be about 70 % of the                    of a pedigree certificate or certificate of registra­
quota amount ;
                                                                  tion in the herdbook, certifying purity of breed.
                                                             3. The said quota shall be administered in accor­
Whereas, the initial shares of those Member States           dance with the following Articles.
may be used up more or less rapidly ; whereas, in
order to take this fact into account and avoid any
break in continuity, it is important that that Member                                   Article 2
State, having used up almost the whole of its initial
share, should draw an additional share from the              1 . Within the framework of the quota referred to in
reserve ; whereas this must be done by each of these         Article 1 ( 1 ), the Common Customs Tariff duty for the
Member States as and when each of its additional             animals referred to in the said paragraph shall be
shares is almost entirely used up, and repeated as           suspended at 4 % .
many times as the reserve allows ; whereas the initial
and additional shares must be available until the end        2.     The new Member States shall within the said
of the quota period ; whereas such method of adminis­        tariff quotas apply duties calculated in accordance
tration calls for close cooperation between Member           with the relevant provisions of the Act of Accession .
States and the Commission , which must, in particular,
be able to observe the extent to which the quota                                        Article 3
amounts are used and inform Member States thereof ;
                                                             1 . A first part of 3^25 head shall be allocated
Whereas if, at a specified date within the quota period      among the Member States listed below. The shares
a considerable balance of the initial share of one or        shall apply from 1 July 1976 to 30 June 1977, subject
other of the Member States is left over, it is essential     to Article 7, and shall be as follows :
that that State should return a considerable part of
                                                                       Germany                     ,    150 head,
such balance to the reserve in order that part of the                  France                           100 head,
Community quota should not remain unused in one                        Ireland                           25 head,
Member State while it could be used in others ;
                                                                       Italy                          3 150 head.
Whereas, since the Kingdom of Belgium , the                  2. The second part of 1 575 head shall be held as a
Kingdom of the Netherlands and the Grand Duchy of            Community reserve.
 Luxembourg are united in and represented by the
 Benelux Economic Union , any measure concerning
the administration of the shares allocated to that                                      Article 4
economic union may be carried out by one of its
 members,                                                    If requirements arise in countries of the Benelux
                                                             Economic Union , in Denmark or in the United
                                                             Kingdom for cattle referred to in Article 1 ( 1 ), these
                                                             Member States shall draw an adequate share from the
                                                             reserve, in so far as the reserve permits.
 HAS ADOPTED THIS REGULATION :
                                                                                        Article 5
                        Article 1                             1.     If 90 % or more of the initial share of one of the
                                                             Member States referred to in Article 3 , or of that share
 During the period 1 July 1976 to 30 June 1977, a            less the amount returned to the reserve where Article
 Community tariff quota of 5 000 head shall be opened        7 has been applied, has been used up, that Member
 within the European Economic Community in                   State shall immediately, by notifying the Commission,
 respect of the imports from tnird countries of bulls,       draw a second share, in so far as the reserve permits,
 cows and heifers , other than those intended for            equal to 1 5 % of its initial share, rounded off
 slaughter, of the following mountain breeds : the           upwards, if necessary, to the next unit.
 ---pagebreak--- 26 . 6 . 76                        Official Journal of the European Communities                              No L 167/7
2.     If, after the initial share has been exhausted,       with Articles 3 , 4 and 5 and shall inform each of them
90 % or more of the second share drawn by one of             of the extent to which the reserve has been exhausted
these Member State has been used up, that Member             as soon as it receives the notification .
State shall, in accordance with paragraph 1 , immedi­
ately draw a third share equal to 7-5 % of its initial       The Commission shall, not later than 1 May 1977,
share, rounded off upwards, if necessary, to the next        notify Member States of the amount in the reserve
unit.
                                                             after the return of shares pursuant to Article 7.
3.     If, after the second share has been exhausted,        The Commission shall ensure that any drawing which
90 % or more of the third share drawn by one of              exhausts the reserve is limited to the balance available
these Member States has been used up, that Member            and, to this end, shall specify the amount thereof to
State shall, in accordance with paragraph 1 , draw a         the Member State making the last drawing.
fourth share equal to the third.
The same method shall be applied until the reserve is                                  Article 9
exhausted .
                                                             The Member States shall take all measures necessary
4. By way of derogation from paragraphs 1 , 2 and            to   ensure   that when     additional   shares  are drawn
3, each of these Member States may draw shares lower         pursuant to Article 4 or 5 it is possible for imports to
than those fixed in these paragraphs if there are            be counted without interruption against their accumu­
reasons to consider that such shares might not be            lated shares of the Community quota.
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph .
                                                                                       Article 10
                         Article 6                            1 . Member States shall take all measures necessary
                                                             to ensure that the access to the tariff quota in question
Additional shares drawn in pursuance of Article 5            is restricted to cattle as specified in Article 1 ( 1 ) and
shall apply until 30 June 1977.                              (2).
                                                             2. They shall ensure free access to the shares allo­
                                                             cated to them for importers established in their terri­
                         Article 7                           tory.
If, by 5 April 1977, a Member State has not exhausted        3.    The extent to which the shares of the Member
its initial share as fixed in Article 3 or as resulting      States have been used up shall be recorded on the
from the application of Article 4, it shall, not later       basis of imports submitted for customs clearance
than 25 April 1977, return to the reserve the unused         under cover of declarations that they have been made
proportion of the share in excess of 20 % of the             available for consumption .
initial amount.
However, amounts for which import certificates have                                    Article 11
been issued but not used shall not be returned to the
reserve .                                                    Member      States  shall   inform   the   Commission     at
                                                             regular intervals of imports actually charged against
The Member States shall, not later than 25 April 1977,       their shares .
notify the Commission of the total imports of the
animals in question effected up to 5 April 1977 inclu­
sive and charged against the tariff quota, the amounts                                Article 12
referred to in the second subparagraph and, where
appropriate, the proportion of their initial share that
                                                             Member States and the Commission shall cooperate
they return to the reserve.
                                                             closely to ensure that the provisions of this Regulation
                                                             are observed .
                         Article 8
                                                                                      Article 13
The Commission shall keep accounts of the amounts
of the shares opened by Member States in accordance          This Regulation shall enter into force on 1 July 1976.
 ---pagebreak--- No L 167/8                    Official Journal of the European Communities                        26. 6 . 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Luxembourg, 21 June 1976.
                                                                    For the Council
                                                                      The President
                                                                      J. HAMILIUS