CELEX: 51981PC0465
Language: en
Date: 1981-09-22
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II b) of the Common Customs Tariff (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 465
Vol. 1981/0143
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(81)465 final
                                                         Brussels , 22 September 1981
                                    Proposal for a
                             COUNCIL REGULATION ( EEC )
          on the opening , allocation and administration of a Community
          tariff quota for frozen beef and veal falling within subheading
          02.01 A II b ) of the Common Customs Tariff                       ( 1982 )
                ( submitted to the Council by the Commission )
                          V
                           VP
                            V~---
                              s / '
                                     / ' > t '• ' ' ' ^
                                        C ! 7 [       .■
 C0MC81 ) 465 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
     ].    During the GATT multilateral negotiations the European Economic
    Community undertook to open an annual Community tariff quota of
                                                                       »
    50,000 tonnes of frozen beef and veal , expressed as boned or boneless
    meat , falling withijn subheading 02,01 A II b) of the Common Customs
    iTariff at 20^5 duty , Compensatory amounts introduced in connection
    with fluctuations in exchange rates are to be levied on J 6 500 tonnes
    of this, quota ,                                                     _ . •
2.      Consequently , to meet the Community 's obligations , a regulation
should be abopted before 1 January 1982 on the opening , allocation and
administration of the Community tariffs quota in question .
                                            \
        In this connection , it should be mentioned that , as a result of the
possibility to apply the system of monetary compensatory amounts to a vo--
 luwe of 16 500 tonnes , the Commission has been led in its proposal to split
 the total quota volume of 50 000 tonnes into two parts , one of 33 500 tonnes
and the other of. 2 6 500 tonnes , to be allocated separately among all the
Member States # including Greece, which , under Article 64 of the Act of Ac™
cession, is required to apply the Commun Customs Tariff duty in respect of this
meat from 1 January 1981 .
3 . It should be noted, with -regard to this allocation, that in recent years
almost all imports of frozen beef and veal into the Community of Nine have been '
effected under special arrangements ( e=g . GATT quota , linket-sales system, ACP pre­
ferential arrangements and balance of meat processing ). It is therefore pos­
sible that these figures are not representative of the trend of imports and re­
quirements in each of the Member States . Furthermore , the economic prospects
for the quota year in question cannot be assessed sufficiently accurately . In
addition, the arrangements for the importation of frozen beef applied by
Greece in recent years differed appreciably from those in force in the Community.
              /
 ---pagebreak--- of Mine , so that the figures available for this country cannot be compared
with those of each of the Member States of the Community of Nine .
 Finally , it should be emphasized that in order to take account of the
quantities imported by Greece which serve as a reference point for the
current negotiations on implementing the GATT Rules , it is advisable to
modify the initial percentage share of Greece by comparison with its
percentage share in 1981 .
For these reasons the Commission proposes for 1982 to modify the allocation
table used in 1981 with a view to increasing the Greek percentage to 6% ;
Ireland is allocated 0.01% in order to preserve the Community character of
the quota .
4.   In view   of the relatively , high level of the Community tariff quota
opened initially in relation to import requirements and taking account
of the difficulty of evaluating with any precision the economic prospects
for the quota year , the Commission believes that it would run contrary to
the Community nature of the quota to allocate the tariff volumes in defi­
nitive shares to the Member States .     For this reason > the proposal annexed
hereto provides for the creation of Community reserves which , even if they
are limited to 10% of each of the quota volumes , will assist in ensuring
equal access for all importers and in avoiding a situation where customs
preference is no longer applied in one or more Member States while it is
still applied in others .
 ---pagebreak---                                 Proposal   for
                        COUNCIL REGULATION (EEC )
             on the opening , allocation and administration of
             a Community tariff quota for frozen beef and veal
             falling within subheading 02.01 A II b ) of 'the
                          Common Customs Tariff ( 1982^
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having   regard to the Treaty establishing the European Economic Community ,
and in   particular Articles 113 and 43 thereof ,
Having    regard to the proposal from the Commission ,
Having    regard to the opinion of the European Parliament ,
Whereas in the course of the GATT multilateral negotiations the European
Economic Community undertook to open an annual Community tariff quota at 20 %
duty in respect of 50 000 tonnes of frozen beef and veal , falling within subheading
02.01 A II b > and expressed as boned or boneless meat , of which 16 500 tonnes may
be subjected to the application of compensatory amounts introduced because of the .
•fluctuations in exchange rates ; whereas the Community tariff quota in question must
therefore be opened on 1 January. 198 2," the total quota volume of 50 000 tonnes being
divided into two parts, according to the tariff arrangements whi ch may be applicable ;
 Whereas, under Article 64 of- the Act of Accession df Greece, that country shall be reqired,for
  the product in question, to apply the Common Customs Tariff duty in full from
  1 January 1981 ; whereas , therefore, quantities required to.be imported by that Member
  State from non -member countries should be covered by the tariff quota in . question
  for the duration of the quota period ;
                                                                           %
   Whereas equal and continuous access to the quota should be ensured for all
   Community importfrsand the rate of duty for the tariff quota should be applied uninter­
   ruptedly in all Member States to all imports of the product in question until
   the quota is exhausted ; whereas in the light of these principles , arrangements
   for the utilization of the Community tariff quota based on an allocation among
   the Member Scates would seem to be consistent with the Community nature of the
   quota ; whereas , in order that it may correspond as closely as possible to the actual
   trend of the market in the product in question, the quota should be allocated in pro­
   portion to the requirements of the Member States as calculated in proportion to the
   requirements of the Member States as calculated by reference to statistics of imports
   from third countries during a representative period and to economic prospects for
   the quota period in question ;
 ---pagebreak---       Whereas , over the Ust three years for which full st«tiaticB are available,
      almost all imports of beef and veal from non-member countries into the Com­
     munity of Nine have been effected under special arrangements; whereas during
     this period imports into Greece were effected under completely different ar- '
     rangements from tho^e applicable in the Community; whereas the economic data
     thus obtained cannot be used for the purposes of comparison and. may therefore
     not be representative of the trend of imports into each of the Member States ;
     Whereas , in the light of these factors and given that it is difficult to esti­
    mate the Member States' import requirements in 1982, in order to apportion the
    tariff quota equitably and to safeguard -its Community nature, the initial percentage
    shares of each of the Member States should be fixed at the following levels :
                           Bénélux           .. .  9,52
                           Denmark                 0,47
                           Germany           •    17,97
                           Greece              -   6,00
                           France                  9,98
                           Ireland           "     0,01'.
                           Italy              : 27,93
                           United Kingdom         28,12
»vherefis , ko taka account of future tivm&3 of Imports of the product under
consideration into the various Member States ,                       quo-la, volumes should b «*
divided intp "two tranches , tho first botng allocatod arson/* " tho Kojjfbor
                     " ' *            .                                                 '
St.v'lw        tho second            CL i*03GTVO to       be used subseou^nt' v to cover the
requirement u of Mccfoor Statos , should they oxlmust their- initial . sharos ;
wheroad , to givo import ora iyi -each Member St &t o soma do^r-oo of - ;
cortainty , tho £irct tranoho of" 'each' quota ;- voluKie'- should in this instance be
fixed at approximately 90% of its full amount-
 ---pagebreak---  Whcrcaa Ilombor Statos»r;uiy c:chaunt thoii- irii-yial bhs&oa at difforcnt
 rivtoo ; whoroaa to avoid , di eruptioii of supplies on -this account i*t
             ' stipulated             "     *      ,                         ,
 should "be .             that any Komhor Stato uhi oh has almost "used up* ono
 of i"'-c initial eharos should - draw an additional charo froa tho
  appi-opri.vto 'rocjorve ; ' whereas oach tirho its additional shuro ic alwost-
  cxhauotod a Jlomhcr.' Str.to ahould draw a furthor oho.ro , aiid. tio on &o
  many tiraoo aa tho resorvo alloxra ; vrhoroao tho initial and- cdditoncl
                                 •             •               ;
  chcu-os should to valid' until tho ond of tho quota period ; yrhoroao this
  form of administration rcquiroo olood'-jcolla'boration "botwoon tho j'c.T.oor
  S-atca ar.d tho Commission', and tho Coramissioii must "bo in a pooitior.
                                                           volumes , .
• to Icocp .account of tho oxtont to' wixoh tho quota/ havo ooon*usOd up
  and . inform tho -Womber States accordingly;              . . - '
           '   4 '      I                                ■   *
  Who 1-a as if at a £ivan dato in tho quota period a oonaidorahlo quantity
  of a i'lomhor Stato'a initial sharp remains unuaod, it le cosontial , ••
  to provont a part of tho tariff quota from remaining unused in ono '
  I-Icmhor Stato while it could "bo unod in ' other? , that ouoh S'i. vto ohould
  return a oi/piificant proportion thoroof to tho appropriat o . rQoorvd ;
                                                                 the
    . Whereas , since the Kingdom of Belgium., the Kingdom of/ Netherlands
      and the Grand Duchy of Luxembourg are united within and jointly
      represented by the. Benelux Economic Union , any transaction in re­
      spect' of the administration of the share allocated to that Economic
     Union may be carried out by any one of' its members ;
     HAS ADOPTED THIS REGULATION
 ---pagebreak---                             Article 1
 1 . There is hereby opened in respect of the period 1 January to
 31 December 1 98 2 a Community tariff quota of 50 000 tonnes 4of fro­
 zen beef and veal , expressed as boned or boneless meat , falling
 within subheading 02.01 A II b) of the Common Customs Tariff ,
     For the purpose of charging imports against this quota , 100 kilo­
 grammes of unboned (bone-in) meat shall be taken to be equivalent to
 77 kilogrammes of boned or boneless meat .
 2.  Imports of these goods which have been, admitted under
                                       arrangements
             other preferential tariff       /    shall not be set off against
 this tariff quota .                     *     .•
                                           \             *
3.   The Common Customs Tariff duty " for this quota shall be 20 % .
                               Article 2
 1.   The quantity of '50 000 to.nnos referred to in Article 1(1 ) sKall
be divided into two parts , one of 33 500 tonnes , the other, of 16 500'
tonnes . Each one of those parts shall be subdivided into two tranches .
2 - The . first tranches of 30 150 ; tonnes and 14 850 "'tonnes respective Ly
shall be allocated as follows - among the Member States, the shares bsing
valid from 1 January until 31 December">982 subject to tite 'provisions of
Article 5 :                                     j "•       ■■
 ---pagebreak---                                                    Of tht 33 500 tonn«8                     fifth#16 500 tonnes
                 Bénélux-                              2.870       tonnes                      . 1.414      tonnes
                 Denmark                                  142 . tonnes                          '     70    tonnes
                 Germany                           '5.418          tonnes                        2.669      tonnes
                 Greece                              . 1.809       tonnes                        ; 891      tonnes
                 France                            . 3.009 ' tonnes                               1.482     tonnes
                 Ireland                                    3      tonnes                              1    tonne
                 Italy                                 8.421       tonnes                        4.148      tonnes
                 United Kingdom                        8.478       tonnes                        4.175      tonnes
                                                     30 150        tonnes                       14 850      tonnes
         Tho second -tranches . of 3 350 <" and 1 650 . tonnes \ / respectively Ghall
  constitute , "feho rosorves *            .                                                 ;        • . ' •       ^   • . . •.
             « .       »            i          . •            •.«.       i             .
        •                  *                            *              *    -   '    '                                    • ■
                  '  •          '     ■      '      ■Article 3             ,.        V •.            ' ■■       •
                              •                             x              *.             '                       v   '
  x.     Ao coon &g a Komtor Stato has used                                   or moro of ono of ita initial
  eh<vros as fixed in Article 2(2), or of that* ©haro nSinuo .any*' portion
 roturncd to the appropriate re oorvo pursuant to tho provisions of                                                             ,
 Article 5 , it shall Forthwith, "by notifying tho " Commission , draw a. oocond
 ohard , to tho extent to which the appropriate reserve so permits , equal to                                                 }
 10# of it 3 initial share rounded up, If necessary, to the' naxt whole nqmber
 2.     Aa soon ao a? Kember Gtato , having c:shax\ato& ona of its                                            "
 initial' ehaxes , hao uced 90% or inore of tho'oocond sh&ro drav/n Toy-
 that UarSoor Stat© chall forthwith » In tho manner and to tho' extent laid
' down     , in              h l f draw & third f;ha^o 'ecru&l to $$ of its initial-
 ohaxo »                 . '    •■.     ; : . .*/'                                •.
  3 . As soon as a Member State , hav.inq exhausted one of its second shares ,
  has used 90 % or more of the third share drawn by it , that Member State shall ,
  in the manner and to the extent described above, draw a fourth, share equal to the
  third .
 This process shall continue until each reserve is exhausted .
 ---pagebreak---       4.    By way of derogation from paragraphs 1 to 3 , a Member State may draw shares
      Lower than those specified in those paragraphs if there are grounds for believing
      that those specified may not be used in full . Any Member State applying the
      provisions of this paragraph shall inform the Commission of its grounds
      for so doing .
                                     '     Art 3 ciò A     "                  ^
Sach of tho additional chorea drawn pursuant to the provisions of Artioio 3
 ohc»ll "bo valid tmtil 31 Decembor 198' 2 .
                                                  •                  _         .
    '                                                  *     '•
                                          Article 5 "                    •' .
 Tho Mer.iber Statcc shall ratirrn to tho rcGor/o , not 1'at orth^A 1 Oct obor 1982 ,
  the UJIUGO A portion, of their initio! shares whicV on 15 Soptorriber 1982 ," is in
  excess of 20 L/> of the initial amount * " They                 return a creator por-ti on if
  there nro ^Troundn for "boliovin,~ that* l;uch portion may not "bo "used in
                 Φ
"Member St a/bos glmll , not lator "than'1          Oct on or     1982 , notify vho Corrj.acGzon
 of the            ,7u.raititios of tho product -iai osuoctlon imported up to and
 incl\id.i.ji3 15 September 1982 and charged against the Community quota and of
 an y portion of their initial shares returned to tho appropriate reserve .
                                          Art ! cl G 6
                                          ■                -    •
Tha Corruirr.icn chall keep .m account of tho charon opened "by tho Ucmbor
Stages pur^raanv to tha provisions cf Articloo 2 and 3 and ah all 7 ar; coon
ao the information reaches it r iiiforas eacfr State at "tho extent to which
                                       ••                '
       rooorvos-fcav© beea usod tq>» .          k
 ---pagebreak---    It £,ha\"l not later "than / 51 Octrobe'r 1982 , inform t>o Mepbor                                                         *
                                                                                                                                           States °i the .
   amounts still in rosorvo following any rotum of oil or03 pursuant to
   Arti ci s 5 *                        \.             ' •'         • • .• ! •                                           ;         -,                   •
   It sha.Il ensure that whon a\i rjsi^int exhausting a rasorvo i'c drawn the amount
   r.o drawn does not exceed the "balance available-, : and to this end 5hall . .
   notify tho amount of that "balanoo to tha Member Stat© making tho last
  •drawing'. . •                    ' '                                        '                  '                                    .                '•
                          ■   v'                                   'Artide' 7                                                        •     -,           • .
                                                                                      • · ·                                      Φ                        ,       »
 1.       J3vo ry ITcnfoer State shall take all appropriate moauurce to onsuro -that
 additional ohoroo drawn pursuant to Article 3 ar© opened in such a way thai
   imports             ir.ay "bo chargod without interruption againot ito. aocurcujated
.chare o of the Community quota, •,                                                                                :
 2.' It shall encure that all persons concerned established
 in ito territory h avo frea . aocoao "to tho eharocs allocated to iW ''
                                                     •                                   -                                                                  •
                       •'                        ·     ·        '                   * '·.*'             * ·     I           ♦                                  ·*
 3 . ■ Tho o:v. tcr.t to whioli a Mcmbor State has Uood "up its oharea shall "bo
                                               •          »          t                                              '     ,                        '•
 dotor-avinod "hy 'yofofcaoo to tho imports                                                            of tho product in queoticn, ■
 entered with, tho customs s&ithoritioB .for .free circulation .
        '                        «.          •   » .                                                - .         t »                                                 ,
                   „ ,                , *                   1 . '*          •                *                        .  1               '       •            " •
                 »          ,                                 1                                                         * -I           '*
                                            '                  " Article 0                                                      ■*. '
                               *                                                                            '                                 .       •
 Oil receipt of a rogueot from tho Ooiunisnion , tha Member States shall
 notify it of the imports effectively . charged egainst their shares.
                                     *•                                            'I                 ••
                         .'               >                        Articl'o._9
                                                                  f 1 1 1 11 1   1  1       fr
                                                                                               ,,                             •        .    •
                                                         t                                                    ,   •••           .
Tho Memoor States , and tho Comraicoion shall . cooperate oloosly to, ensure
that this Regulation is - ooaiplied                                                                                                            •
 ---pagebreak---                            Article 10
This Regulation shall enter into force on 1 January 1982 .
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                               For the Counci I
                                                   The President