CELEX: 31987R1867
Language: en
Date: 1987-06-25 00:00:00
Title: Council Regulation (EEC) No 1867/87 of 25 June 1987 opening, allocating and providing for the administration of a Community tariff quota of 42 600 head of heifers and cows, other than those intended for slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II of the Common Customs Tariff

No L 176 / 22                              Official Journal of the European Communities                                      1 . 7 . 87
                                           COUNCIL REGULATION (EEC ) No 1867 / 87
                                                           of 25 June 1987
                  opening, allocating and providing for the administration of a Community tariff quota of
                  42 600 head of heifers and cows, other than those intended for slaughter, of certain
                  mountain 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
Having regard to the Treaty establishing the European                 regard to the principles defined above , the Community
Economic Community , and in particular Articles 43 and                nature of the quota can be respected by allocating the
113 thereof,                                                          Community tariff quota among the Member States ;
                                                                      whereas possibilities for the use of such mountain breeds
                                                                      are , however, limited by special factors , both geographical
Having regard to the Act of Accession of Spain and                    and zootechnical ; whereas certain Member States do not
Portugal ,
                                                                      have regions suitable for breeding this kind of cattle ;
                                                                      whereas , however, in view of such special factors, the
Having regard to the proposal from the Commission ,                   Community nature of the tariff quota in question should be
                                                                      preserved by making provision for requirements which
Having     regard    to    the    opinion   of the     European       may arise in these Member States ; whereas , to this end ,
Parliament (*),                                                       these Member States proceed to draw adequate shares from
                                                                      the Community reserve which has been set up ; whereas , in
                                                                      order to reflect as closely as possible the actual trend of the
Whereas the European Economic Community undertook,                    market in question , the initial allocation must be made in
within the framework of GATT , to open an annual                      proportion to the requirements of each of the Member
Community tariff quota of 20 000 head at a duty of 6 %                States concerned , calculated in accordance with statistical
for heifers and cows , other than those intended for                  data concerning imports from third countries during a
slaughter , of certain mountain breeds , falling within               representative reference period and with economic
subheading ex 01.02 A II of the Common Customs Tariff;                prospects for the quota period in question ;
whereas eligibility for such quota is subject to conditions to
be determined by the competent authorities of the Member
State of destination ; whereas , in an Exchange of Letters
with Austria dated 21 July 1972 , the Community                       Whereas , since the animals in question belong to certain
undertook unilaterally to increase the size of the tariff             specific breeds which are not specified as such in the
quota from 20 000 to 30 000 head and to lower the quota                statistical nomenclatures of the Member States , no data on
duty from 6 to 4 % ; whereas , subsequently , this quota was           imports provided by the Member States could be
increased unilaterally to 38 000 head ;                               considered to be sufficiently accurate and representative to
                                                                      be used as a basis for the allocation in question ; whereas
                                                                      the extent to which Community tariff quotas for those
Whereas according to the Agreement in the form of an                   animals in the Community have been exhausted and the
Exchange of Letters of 14 July 1986 , which was adopted               estimates made by certain Member States enable the
by Decision 86 / 555 / EEC ( 2 ), the volume of this tariff           requirements of each of them as regards imports from third
quota was raised to 42 600 head as from 1 July 1986 ;                  countries for the quota period envisaged to be assessed as
whereas the abovementioned tariff quota for the period                 follows :
1 July 1987 to 30 June 1988 should therefore be opened at
a duty of 4 % in relation to a quantity of 42 600 head ;
whereas , however, under the terms of Article 282 of the                       Germany                           20  000  head
1985 Act of Accession , the Portuguese Republic is                             France                              1 800  head
authorized to postpone , until the beginning of the second                     Italy                             16  000  head
stage , the progressive application to imports of preferences                  Greece                             3  000  head
granted , unilaterally or by agreement , by the Community
to certain third countries ;
                                                                       whereas in the absence of precise information , the needs of
Whereas it is in particular necessary to ensure equal and              the Benelux countries , the United Kingdom , Ireland and
continuous access for all Community importers to the                   Spain may be assessed at 100 , 50 , 50 and 100 head
                                                                       respectively;
                                                                      Whereas , in order to take into account the possible trend of
                                                                       imports of the aforementioned animals into the said
(>) OJ No C 156 , 15 . 6 . 1987 .                                     Member States , the quota amount of 42 600 head should
(*) OJ No L 328 , 22 . 11 . 1986 , p. 57 .                             be divided into two parts , the first being allocated among
 ---pagebreak--- 1 . 7 . 87                                   Official Journal of the European Communities                                    No L 176 / 23
certain Member States , the second forming a reserve                      reserve in order that part of the Community tariff quota
intended subsequently to cover the requirements of those                  should not remain unused in one Member State while it
Member States when their initial shares are exhausted and                 could be used in others ;
requirements which may arise within other Member States;
whereas , in order to ensure a certain degree of security for
importers in the aforementioned Member States , the first                 Whereas it is possible that , during the period of
part of the Community quota should be determined at a                     applicability of the said quota , the nomenclature used by
level which , under the present circumstances , may be                    the Common Customs Tariff will be replaced by the
                                                                          combined       nomenclature     based    on   the   International
approximately 76 % of the quota amount;
                                                                          Convention on a harmonized system of designation and
                                                                          codification of goods ;
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                Whereas , since the Kingdom of Belgium , the Kingdom of
important that that Member State having used up almost                    the Netherlands and the Grand Duchy of Luxembourg are
the whole of its initial share should draw an additional                  united within and jointly represented by the Benelux
share from the reserve; whereas this must be done by each                 Economic Union , any measure concerning the
                                                                          administration of the shares allocated to that economic
of these Member States as and when each of its additional
shares is almost entirely used up , and repeated as many                  union may be carried out by any one of its members ,
times as the reserve allows ; whereas the initial and
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                        HAS ADOPTED THIS REGULATION
Commission , which latter must, in particular, be able to
observe the extent to which the quota amounts are used
and inform Member States thereof;                                                                      Article 1
Whereas if, at a specified date within the quota period , a                1 . From 1 July 1987 to 30 June 1988 , the duty applicable
considerable balance of the initial share of one or other of               to the import of the animals designated hereafter shall be
the Member States is left over , it is essential that that State           suspended at the level indicated in Article 2 within the limit
should return a considerable part of such balance to the                   of the relevant Community tariff quota mentioned 0 ):
                      CCT                      Combined
    Order                                                                                                                    Quota
                     heading                 nomenclature                            Description
     No                                                                                                                      volume
                       No                        code
  09.0001         ex 01.02 A II             ex 0102.90-10        Cows and heifers , other than those intended for
                                            ex 0102.90-31        slaughter, of the following mountain breeds:
                                            ex 0102.90-33        grey , brown , yellow and mottled Simmental
                                                                 breed and mottled Pinzgau breed                          42 600 head
2 . For    the      purposes     of    this    Regulation ,    the         animals referred to in the said paragraph shall be
abovementioned cows and heifers shall be considered not                    suspended at 4 % .
intended for slaughter if they are not slaughtered within
four months following the date of their importation .                     Within the limits of this tariff quota , the Kingdom of Spain
                                                                          and the Portuguese Republic shall apply customs duties
                                                                          calculated in accordance with the relevant provisions in the
Derogations may , however , be granted in the event of an                 Act of Accession .
act of God duly attested by a local authority certificate
setting out the reasons for the slaughter.
                                                                                                       Article 3
3 . The said quota shall be administered in accordance
with the following Articles.                                               1 . A first part of 32 500 head shall be allocated among
                                                                          the Member States listed below. The shares shall apply
                             Article 2
                                                                           (') 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
Within the framework of the quota referred to in                               International Convention on a harmonized system of
Article 1 ( 1 ), the Common Customs Tariff duty for the                        designation and codification of goods .
 ---pagebreak--- No L 176 / 24                             Official Journal of the European Communities                                       1 . 7 . 87
from 1 July 1987 to 30 June 1988 subject to Article 7, and                                       Article 6
shall be as follows :
                                                                     The additional shares drawn in pursuance of Article 5 shall
        Benelux                               100   head
                                           16 000   head
                                                                     apply until 30 June 1988 .
        Germany
        Greece                              2 600   head
        Spain                                 100   head
        France                              1 600   head                                         Article 7
        Ireland                                 50  head
        Italy                              12 000   head             Member States shall return to the reserve, not later than
        United Kingdom                          50  head             1 March 1988 , the unused portion of their initial share in
                                                                     excess , on 15 February 1988 , of 5 % of the initial amount.
2 . The second part of 10 100 head shall be held as a                They may return a larger quantity if there are reasons to
Community reserve.                                                   consider that such quantity may not be used.
                                                                     However , amounts for which import certificates have been
                            Article 4                                issued but not used shall not be returned to the reserve .
If an importer notifies an imminent importation of the
animals in question in Denmark and requests the benefit of           The Member States shall , not later than 1 March 1988 ,
the quota , the Member State concerned shall inform the              notify the Commission of the total imports of the animals
Commission and draw an amount corresponding to these                 in question effected, up to 15 February 1988 inclusive, and
requirements to the extent that the available balance of the         charged against the tariff quota, the amounts referred to in
reserve permits this.                                                the second subparagraph and , where appropriate , the
                                                                     proportion of their initial share that they return to the
                                                                     reserve .
                            Article 5
1 . If 90 % or more of the initial quota share of one of the                                     Article 8
Member States referred to in Article 3 , or of that share less
the amount returned to the reserve, where Article 7 has              The Commission shall keep accounts of the amounts of the
been applied, has been used up , that Member State shall             shares opened by Member States in accordance with
immediately, by notifying the Commission , draw a second             Articles 3 , 4 and 5 and shall inform each of them of the
share in so far as the reserve permits, equal to 10 % of its         extent to which the reserve has been exhausted as soon as it
initial share , rounded off upwards , if necessary , to the next     receives the notifications .
unit .
                                                                     The Commission shall , not later than 5 March 1988 , notify
2 . If, after the initial share has been exhausted , 90 % or         Member States of the amount in the reserve after the return
more of the second share drawn by one of these Member                of shares pursuant to Article 7 .
States has been used up , that Member State shall , in
accordance with paragraph 1 , immediately draw a third
share equal to 5 % of its initial share , rounded off                The Commission shall ensure that any drawing which
upwards, if necessary , to the next unit.                            exhausts the reserve is limited to the balance available and,
                                                                     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                                             Article 9
accordance with paragraph 1 , draw a fourth share equal to
the third .                                                          Member States shall take all measures necessary to ensure
                                                                     that when additional shares are drawn pursuant to
                                                                     Articles 4 or 5 it is possible for imports to be counted
The same method shall be applied until the reserve is                without interruption against their accumulated shares of
exhausted .                                                          the Community quota .
4 . By way of derogation from paragraphs 1 , 2 and 3 , each
of these Member States may draw shares lower than those                                         Article 10
fixed in these paragraphs if there are reasons to consider
that such shares might not be exhausted . They shall inform          1 . Member States shall take all measures necessary to
the Commission of the grounds which led them to apply                ensure that access to the tariff quota in question is
this paragraph .                                                     restricted to cattle as specified in Article 1 ( 1 ) and (2 ).
 ---pagebreak--- 1 . 7 . 87                                Official Journal of the European Communities                            No L 176 / 25
2 . They shall ensure free access to the shares allocated to                                 Article 12
them for importers .
                                                                     Member States and the Commission shall cooperate closely
3.    The extent to which the shares of the Member States            to ensure that the provisions of this Regulation are
have been used up shall be recorded on the basis of imports          observed .
submitted     for   customs     clearance  under     cover   of
declarations that they have been made available for free
circulation .                                                                                Article 13
4 . Where import documents are used for the                          The Council shall adopt, in good time , the adjustments to
administration of the quota , they shall be sent to the              the International Convention on the harmonized system of
issuing body as soon as possible and at all events on their          designation and codification of goods, which are necessary
expiry.                                                              both for the codification and for the designation of
                                                                     goods.
                           Article 1 1
                                                                                             Article 14
On request by the Commission , Member States shall
inform it of imports actually charged against their shares .         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