CELEX: 31987R1868
Language: en
Date: 1987-06-25 00:00:00
Title: Council Regulation (EEC) No 1868/87 of 25 June 1987 opening, allocating and providing for the administration of a 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 of the Common Customs Tariff

No L 176 / 26                            Official Journal of the European Communities                                     1 . 7 . 87
                                        COUNCIL REGULATION ( EEC) No 1868 / 87
                                                         of 25 June 1987
                 opening, allocating and providing for the administration of a 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 of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           abovementioned quota , and the uninterrupted application
                                                                    of the quota duties to all imports of the animals in question
                                                                    until the quota is exhausted; whereas, having regard to the
                                                                    principles defined above , the Community nature of the
Having regard to the Treaty establishing the European               quota can be respected by allocating the Community tariff
Economic Community , and in particular Articles 43 and              quota among the Member States; whereas possibilities for
113 thereof,                                                        the use of such mountain breeds are , however, limited by
                                                                    special factors , both geographical and zootechnical ;
                                                                    whereas certain Member States do not have regions
Having regard to the Act of Accession of Spain and                  suitable for breeding this kind of cattle; whereas, however,
Portugal ,                                                          in view of such special factors , the Community nature of
                                                                    the tariff quota in question should be preserved by making
                                                                    provision for requirements which may arise in these
Having regard to the proposal from the Commission ,                 Member States ; whereas , to this end , these Member States
                                                                    may proceed to draw adequate shares from the Community
                                                                    reserve which has been set up; whereas , in order to reflect
Having regard to the opinion of the European                        as closely as possible the actual trend of the market in
Parliament, (*),                                                    question , the initial allocation must be made in proportion
                                                                    to the requirements of each of the Member States
                                                                    concerned , calculated in accordance with statistical data
Whereas the European Economic Community undertook ,                 concerning imports from third countries during a
within the framework of GATT, to open an annual                     representative reference period and with economic
Community tariff quota of 5 000 head at a duty of 4 % for           prospects for the quota period in question ;
bulls , cows and heifers , other than those intended for
slaughter, of certain Alpine breeds, falling within
subheading ex 01.02 A II of the Common Customs Tariff;              Whereas , since the animals in question belong to certain
whereas eligibility for such quota is subject to submission         specific breeds which are not specified as such in, the
of the following documents :                                        statistical nomenclatures of the Member States, no data on
                                                                    imports provided by the Member States could be
— bulls: a pedigree certificate ,                                   considered to be sufficiently accurate and representative to
— female animals: a pedigree certificate of registration in         be used as a basis for the allocation in question ; whereas
    the herdbook, certifying purity of breed ;                      the extent to which Community tariff quotas for those
                                                                    animals in the Community have been exhausted and the
                                                                    estimates made by certain Member States enable the
Whereas the abovementioned tariff quota for the period              requirements of each of them as regards imports from third
1 July 1987 to 30 June 1988 should , therefore , be opened          countries for the quota period envisaged to be assessed as
                                                                    follows :
at a duty of 4 % ; whereas, however , under the terms of
Article 282 of the 1985 Act of Accession , the Portuguese
Republic is authorized to postpone, until the beginning of                  Germany                             1 500 head
the second stage , the progressive application to imports of                France                                120 head
preferences granted , unilaterally or by agreement , by the                 Italy                               3 500 head
Community to certain third countries ; whereas a check
should be carried out to ascertain that the imported
animals have not been slaughtered within a certain period
in accordance with Article 1 ( 3 );                                 whereas the needs of the United Kingdom, Ireland and
                                                                    Spain may , in the absence of precise information, be
                                                                    assessed at 75 , 25 and 100 head respectively;
Whereas , it is in particular necessary to ensure equal and
continuous access for all Community importers to the
                                                                    Whereas, in order to take into account the possible trend of
                                                                    imports of the aforementioned animals into the said
                                                                    Member States, the quota amount of 5 000 head should be
                                                                    divided into two parts , the first part being allocated among
                                                                    certain Member States, the second forming a reserve
(M OJ No C 156 , 15 . 6 . 1987 .                                    intended subsequently to cover the requirements of those
 ---pagebreak--- 1 . 7 . 87                                 Official Journal of the European Communities                                    No L 176 / 27
Member States when their inital shares are exhausted and                Whereas it is possible that, during the period of
requirements which may arise within other Member States;                applicability of the said quota , the nomenclature used by
whereas, in order to ensure a certain degree of security for            the Common Customs Tariff will be replaced by the
importers in the aforementioned Member States, the first                combined       nomenclature     based    on   the   International
part of the Community quota should be determined at a                   Convention on a harmonized system of designation and
comparatively high level which under the present                        codification of goods; whereas this Regulation must take
circumstances may be about 86 % of the quota amount;                    account of the possibility by using the codes of the
                                                                        combined nomenclature within which the said products
                                                                        fall ;
Whereas the initial shares of those Member States 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 State having used up almost                  Whereas , since the Kingdom of Belgium , the Kingdom of
the whole of its initial share should draw an additional                the Netherlands and the Grand Duchy of Luxembourg are
share from the reserve ; whereas this must be done by each              united within and jointly represented by the Benelux
of these Member States as and when each of its additional               Economic Union , any measure concerning the
shares is almost entirely used up , and repeated as many                 administration of the shares allocated to that economic
times as the reserve allows; whereas the initial and                    union may be carried out by any one of its members ,
additional shares must be available until the end of the
quota period; whereas such method of administration calls
for close cooperation between Member States and the
Commission , which latter must, in particular , be able to
observe the extent to which the quota amounts are used                   HAS ADOPTED THIS REGULATION :
and inform Member States thereof;
Whereas if, at a specified date within the quota period , a
considerable balance of the initial share of one or other of                                         Article 1
the Member States is left over, it is essential that that State
should return a considerable part of such balance to the                 1 . From 1 July 1987 to 30 June 1988 , the duty applicable
reserve in order that part of the Community quota should                 to the import of the animals designated hereafter shall be
not remain unused in one Member State while it could be                  suspended at the level indicated in Article 2 within the limit
used in others ;                                                         of the relevant Community Tariff quota mentioned (*):
                       CCT                   Combined
    Order
     No
                     heading               nomenclature                            Description                          Quota Value
                        No                     code
  09.0003        ex 01.02 A II            ex 0102.90-10        Bulls , cows and heifers , other than those
                                          ex 0102.90-31        intended for slaughter,        of the following
                                          ex 0102.90-33        mountain breeds : the mottled Simmental breed
                                          ex 0102.90-35        and the Schwyz and Fribourg breeds                       5 000 head
2 . Eligibility for this tariff quota shall be subject to the            authority certificate setting out the reasons for the
submission of:                                                           slaughter.
— in the case of bulls: a pedigree certificate,                          4 . The said quota shall be administered in accordance
                                                                        with the following Articles .
— in the case of female animals: a pedigree certificate or
     certificate of registration in the herdbook, certifying                                         Article 2
     purity of breed .
                                                                        Within the framework of the quota referred to in
                                                                        Article 1 ( 1 ), the Common Customs Tariff duty for the
                                                                         animals referred to in the said paragraph shall be
3 . For      the   purposes     of   this     Regulation ,   the        suspended at 4 % .
abovementioned cows and heifers shall be considered not
intended for slaughter if they are not slaughtered within
four months following the date of their importation .
                                                                        (') The numbers appearing in the column 'Combined
                                                                             nomenclature code' will replace those appearing in the column
                                                                             'CCT heading No' as from the date of entry into force of the
Derogations may, however , be granted in the event of an                     International Convention on a harmonized system of
act of God ( disease, accident) duly attested by a local                     designation and codification of goods.
 ---pagebreak--- No L 176 / 28                              Official Journal of the European Communities                                     1 . 7 . 87
Within the limits of this tariff quota , the Kingdom of Spain         4 . By way of derogation from paragraphs 1 , 2 and 3 , each
and the Portuguese Republic shall apply customs duties                of these Member States may draw shares lower than those
calculated in accordance with the relevant provisions in the          fixed in these paragraphs if there are reasons to consider
Act of Accession .                                                    that such shares might not be exhausted . They shall inform
                                                                      the Commission of the grounds which led them to apply
                                                                      this paragraph .
                            Article 3
1 . A first part of 4 300 head shall be allocated among the
                                                                                                   Article 6
Member States listed below. The shares shall apply from
1 July 1987 to 30 June 1988 subject to Article 7 , and shall
be as follows :                                                       Additional shares drawn in pursuance of Article 5 shall
                                                                       apply until 30 June 1988 .
        Germany                                850   head
        Spain                                   100  head
        France                                  100  head
        Ireland                                  25  head                                          Article 7
        Italy                                3 150   head
        United Kingdom                           75  head             Member States shall return to the reserve , not later than
                                                                      1 March 1988 , the unused portion of their initial share in
2. The second part of 700 head shall be held as a                     excess, on 15 February 1988 , of 5 % of the initial amount.
Community reserve.                                                    They may return a larger quantity if there are reasons to
                                                                      consider that such quantity may not be used .
                            Article 4                                 However , amounts for which import certificates have been
                                                                      issued but not used shall not be returned to the reserve .
If an importer notifies an imminent importation of the
animals in question in the Benelux Economic Union ,
Denmark or Greece and requests the benefit of the quota ,             The Member States shall , not later than 1 March 1988 ,
the Member State concerned shall inform the Commission                notify the Commission of the total imports of the animals
and draw an amount corresponding to these requirements                in question effected up to 15 February 1988 inclusive , and
to the extent that the available balance of the reserve               charged against the tariff quota , the amounts referred to in
permits this .                                                        the second subparagraph and, where appropriate the
                                                                      proportion of their initial share that they return to the
                                                                      reserve .
                            Article S
                                                                                                   Article 8
1.   If 90 % or more of the initial share of one of the
                                                                      The Commission shall keep accounts of the amounts of the
Member States referred to in Article 3 , or of that share less
                                                                      shares opened by Member States in accordance with
the amount returned to the reserve , where Article 7 has              Articles 3 , 4 and 5 and shall inform each of them of the
been applied, has been used up , that Member State shall              extent to which the reserve has been exhausted as soon as it
immediately , by notifying the Commission , draw a second             receives the notification .
share, in so far as the reserve permits , equal to 10 % of its
initial share rounded off upwards, if necessary , to the next
unit .                                                                The Commission shall , not later than 5 March 1988 ,
                                                                      notify Member States of the amount in the reserve after the
2 . If, after the initial share has been exhausted , 90 % or          return of shares pursuant to Article 7 .
more of the second share drawn by one of these Member
States has been used up , that Member State shall , in
accordance with paragraph 1 , immediately draw a third                The Commission shall ensure that any drawing which
share equal to 5 % of its initial share , rounded off                 exhausts the reserve is limited to the balance available and ,
upwards , if necessary , to the next unit.                            to this end , shall specify the amount thereof to the Member
                                                                      State making the last drawing.
3 . If, after the second share has been exhausted , 90 % or
more of the third share drawn by one of these Member
States has been used up , that Member State shall , in
accordance with paragraph 1 , draw a fourth share equal to                                         Article 9
the third .
                                                                      The Member States shall take all measures necessary to
The same method shall be applied until the reserve is                 ensure that when additional shares are drawn pursuant to
exhausted .                                                           Articles 4 or 5 it is possible for imports to be counted
 ---pagebreak--- 1 . 7 . 87                                Official Journal of the European Communities                            No L 176 / 29
without interruption against their accumulated shares of                                     Article 11
the Community quota .
                                                                     On request by the Commission, Member States shall
                                                                     inform it of imports actually charged against their shares .
                           Article 10
                                                                                              Article 12
1 . Member States shall take all measures necessary to
ensure that the access to the tariff quota in question is            Member States and the Commission shall cooperate closely
restricted to cattle as specified in Article 1 ( 1 ) and (2 ).       to ensure the provisions of this Regulation are observed .
2 . They shall ensure free access to the shares allocated to
them for importers.                                                                           Article 13
3.    The extent to which the shares of the Member States            The Council shall adopt, in good time , the adjustments to
have been used up shall be recorded on the basis of imports          the International Convention on a harmonized system of
submitted     for   customs     clearance   under      cover   of    designation and codification of goods which are necessary
declarations that they have been made available for free             both for the codification and for the designation of
circulation .                                                        goods .
4 . Where import documents are used for the
administration of the quota , they shall be sent to the                                       Article 14
issuing body as soon as possible and at all events on their
expiry .                                                             This Regulation shall enter into force on 1 July 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Luxembourg, 25 June 1987 .
                                                                                         For the Council
                                                                                           The President
                                                                                           H. DE CROO