CELEX: 51976PC0436
Language: en
Date: 1976-09-08
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation administration of a Community tariff quota for frozen beef and veal falling within subheading No 02.01 A II a) 2 of the Common Customs Tariff (1977) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 436
Vol. 1976/0134
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                                                                                      COM(76)436 Final
                                                                                      Brussels ,   8th September 1976
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                                                        Proposal for c.
                                                REGULATION
                    on the opening , allocation                        administration of a. Community
                    tariff quota for frozen beef and veal falling within sub­
                                   \
                    heading -»o 02.01 i* io. a ) L: of                 the Common. Customs Tariff ( J.w:/ I 7^
                                       ( submitted, to the Council by the Commission)
  COM ( 76 ) 4 36 Final
 ---pagebreak---                              FAHUI'TATOTÌT KEI.M'ÙTDUN
  1,  During the      multilateral GATT negotiations the European lSoonomia
  Community undertook to open an annual Community tariff quota of
  38 500 metric tons of frozen "beef and. veal , expressed as boneless meat ,
 falling within subheading No 02.01 A II a) 2 of the Common Customs
 Tariff at 20jJ duty. Countervailing charges introduced in connection
 with fluctuations in exchange rates are to be levied on 1 6 500 metric
 tons of this quota .                                              .
                                                             /
2 . Consequently , to meet' the Conm-unity's obligations , a regulation should
 be adopted before 1 January 1977 on Jc^-e opening , allocation and administration
 of the Cominuiity tariff quota in question .
In this connection , it should bo mentioned that , as a result of the
decision to apply the system of monetary compensatory amounts to a
volume of 16 $00 metrio tons , the Commission ha3 been obliged in its
proposal to split the total quota volume of 30 500 metric tons into
two parts , one of 22 000' metrio tons and the other of 16 500 metric tons ,
to be allocated separately among all the Member States in the usual
way .                        .       *                   -
 ---pagebreak---                                                                 - 2 -
          3# Imports of frozon beef and voal from third, countries , expressed in
          msttri® tens e£ "beneleae meat , v;sre as fellows over the last few years :
                 II                                                                            {                                          1975
                  I                  1972                            1973                                  1974
-                  ι\                                                                         J
                    [
                                                                                     <>/
                         in nit                          • in mt                                      in mt     i      ?"      | in mt
                                                                                                                                                            or
                                              >°   •                           >•'   /3    ■                                                          .     /*
                                       »    .   _
                                                                                            •   !
  Bénélux         ,       57 rr><>5   '! u-28 !             51.4 e"' 1 '           12,21 |            10.900
                                                                                                         /      I
                                                                                                                     fi . --vi   5.853             9,65
  Denmark           I
                    I
                                  0                                 573 1  i
                                                                                    Oc H                   r~.o
                                                                                                            r   |    0,33 |          468   I       0 . 77
  Germany           I . 102,735           23, / l           9'- j'IM               21.98           I  22 .208 :     17           9 f 3 19         15,36
  France          ii      45 /M 5      i  :i0 ^ !           34*903 ;                8,28 | . 13 ?363 .
                                                                                                 I
                                                                                                                    10 » 23      4,035             6.65
  Ireland                       ' o    I         0                     0                 0 I                  0 ,            0          0           0
 Italy            I       73 , 960      1 17.-07     i         ■>
                                                             ) -> ?   06           19, Μ           i  39 v 7 80 | 30.4 "/       15,234            25.11
United Kingdom ' :!     153 , 437      1
                                        i
                                          35,41      ! j 158,368 .                 37 /55             43,922. I ' 33,13         25,762       j 42.46
                                                                                                                                             I
                  i
                  j     '133.344        I                421,785 1                                   130 r.625 !                60,671
                  I
                                        1                                    L                     1              L
           Consequently , the shares of Member States , calculated on the basis of
          imports for the years 1973 to 1975 | may be allocated more or less as
          follows which corresponds closely to the percentages kept by the Council for 1976,
                                  Benelux       x                 11*81
                                                                                                                     I
                                  Denmark                            0, 65               :
                                  Germany                         20 .                                                                                     i
                                 France                             7»28 ,
                                 Ireland                            0,01
                                 Italy                            28,70                                                                                  j
                                 United Kingdom                   31,55                                                                                 I
          4«   In view of the relatively high level of the Community tariff quota
          opened to begin with in relation to import requirements , the Commission                                                                 >
          believes that it would go against the Community nature' of 'the quota                                                                Nf
          to allooate the tariff volumes in definitive shares to the Member States .
 ---pagebreak---                                    - 3 -
For this reason , the proposal annexed hereto provides for the creation
of Community reserves which , svon if thoy amount to 10>o of each of
the quota volumes , will assist in ensuring equal access for all
importers and in avoiding a situation in which customs preference was
no longer applied in one or more Member States while it was still
applied in others .
                                            \
 ---pagebreak---                                 Proposal for a
                                         OP THIS COUNCIL
              on the opening, allocation and admini strati on of 'a
               Community tariff quota for frozen beef and veal
             falling within subheading No 02.01 A II a) 2 of the
                         Common Customs Tariff ( 1977)
 THE COUNCIL OP HIE EUROPEAN" COMMUNITIES ,
Having regard to tho Treaty establishing the European Eoonomio Community,
and in particular Artioles 113 and 43 thereof ;
Having regard to tho proposal from tho Commission ;
Having regard to the Opinion of tho European Parliament ;
Whereas in the course of the         multilateral GATT negotiat . • is the
European Eoonomio Community undertook to open an annual Community tariff
quota at 20^ duty in respect of 38.500 metric tons of frozen "beef and veal ,
expressed as "boned moat , falling within Tariff subheading No 02.01 A II a) 2
                  whereas the Community tariff quota in question must there­
fore be opened on 1 January 1977 by dividing the total quota volume of
38.500 motrio tons, into two parts according to the tariff arrangements
applicable to oaoh ;
Whereas Articles 59 and.60 of the Act annexed to the Treaty^ \ concerning
the aocession of new Member States to the European Economic Community and
to the European Atomio Energy Community, signed on 22 January 1972 , require
the new Member States to apply tho regulations of the common agricultural
policy from 1 February 1973 , and to align their customs
(1 ) OJ No L 73 , 27 Maroh 1972,
 ---pagebreak---   tariff duties on thoso of tho Common Customs Tariff in the raannor
  provided in the said Article 59'
  whereas the quota duties to bo appxied "by the now Monitor States must
  conform to tho Act aforesaid ;
  Whoroas equal and continuous access to the quota should be on3urcd for
  all Community importors and tho rate of duty for the tariff quota
  should "be applied consistently in all Member States to all imports
  of the product in question until the quota i3 exhausted;' whereas , in
  tho light of these principles , arrangements for the utilization of
  tho Community tariff quota based on an allocation among the Member States
  would soem to bo consistent with tho Community nature of tho quota ;
  whoroas , in order that it may correspond as olosoly as possible to
  the actual- trend of the market in tho product in question , allocation
  of tho quoua should bo in proportion to tho requirements of the
  Member States as calculated by reference to statistics of imports from
  third countrios during a representative reference period and to the
  economio outlook for tho quota year in quostion ;
  Whereas imports of tho product in quostion from third countrios by
  Member States during tho last three years for which completo statistics
  aro available were as follows :                                                            '
                              1973                 i           1974                            197' 5
                                                   I
                               +   I .i -- cl                    I
                        in mt              ,o          in mt                       I    in mt       I
                                   i                             1               I
                                                                                 I
  Bénélux                  51 Λ 911 12.21             10-900             8 , 34         5.853       I    9,65
  Donmark '                    578      0,14               452           0,35    i          468     I    0.77
                                                                  ι              I
                                                                  i
  Germany                                             22 f208           17
                           92,734 21.98                           I                      9,319        . 15,36
  France
                           34 7908, 8.28              13 «,3^3          10.23
  Ireland                                                    0
                                                                  I
                                                                   l           0
                                                                                         4,035      j - 6,65
                                                                                            0       .     0
  Italy                                                            I
                         • 83,7.06] 19 . 84       j 39,780              30 ; 1-5       15 j 234         25 . 11
                                                                   !
  United ICingdom       158.368! 37,55           !    43,922        I
                                                                        33 , 53        25.762           42 , '+6
                                                     130.625        I
                        421,785 , •               !                  l.              ' 60.671       '
1                     :          Milli        I ■
 ---pagebreak---  v.jicroas the above table shows that Ireland made no imports of the
 product in question during the three reference years ; vhoreas provision
 must however be made to cover any import needs which may arise in
 that Member State by allocating it a suitable initial share of the .
 quota volumes concerned ;
Whereas , in view of the foregoing and of the foreseeable trend of the
market in the product concerned during the quota year in question ,
the initial percentage shares of Member States may be allocated ,
appropriately aa follows :
                          Bénélux               11,81
                          Denmark                0,65
                          Connany               20
                          Prance                 7,28
                          Ireland                0,01 ;
                          Italy                 28,70
                          United Kingdom        31,55
Wheroas , to take account of future trends of imports into the various
Member States of the product under consideration , the quotas should be
divided into two tranches , the first being allocated among the Member
States and the second held as a reserve to cover subsequently the
requirements of Member States , should they exhaust their initial shares ;
whereas , to givo importers in each Member State some degree of
certainty , the first tranche of the Community quota should be fixed
at approximately 3O/0 of its full amount ;
    Whereas , to take acoount of future trends of imports into the various
  ' Member States of the product under consideration, the two parts of the
    quota should each be divided into two tranohes , the first being allocated
    among the Member States and the second held as a reserve to cover the
  • subsequent requirements ■ of Member States should' they exhaust their
           • !
    initial shares ;  whereas, to give importers in -each Member State some
    degree of certainty, the first- tranche of eaoh part of the quota should
    bo fixed at a spooified level, that level being in this case somo 90$
    of the respective fall amounts ;
    Whereas Member States may exhaust their initial shares at different .
    rates ; whereas to avoid disruption of supplies on this account it
    should be provided that any Member State which has almost used up one
    of its initial shares should draw an additional share from the
 ---pagebreak---   appropriate 'reserve ; whereas each time its additional share is almost
  exhausted a. Member State should draw a further share , and so ©a as
 many times as the reservo allows ; whereas tho initial and additonal
 shares should "bo valid until tho end of the quota period ; whereas this
 form of administration requires close'-' collaboration between tho Member
 States and the Commission', and the Commission must be in a position
 to keep account of the extent to which tho quotas have been - used up" ' ' •
 and to inform the Member States accordingly ;
 Whereas if at a given date in the quota period a considerable quantity
 of a Momber State 's initial share remains mused , it is essential ,
 to prevent a part of the tariff quota from remaining unused in one
Member State while it could be used in others , that such S\ate should
 return a significant proportion theroof to the appropriate -JDOXVO ;
  Whereas, pursuant to Article 2 (4) of Commission
  Regulation ( EEC) No 1 9.3/75 ( ') of 17 January 1975
  laying down common detailed rules for tlic applica­
  tion of the system of import and export licences and
  advance fixing certificates for agricultural products,
  import licences authorize the importation of a quan­
  tity exceeding by 5 % the quantity indicated therein ;
  whereas, however, the levy provided for in Article 13
  of Council Regulation ( EEC) No 805/68 (4) of 27 June
   1968 on the common organization of the market in
  beef and veal , as last amended by Regulation ( EEC)
  No 1 855/74 (5), should be applied to any quantity
  exceeding that indicated in the licence ;
whereas , 3ince the Kingdom of Belgium , the Kingdom of the Netherlands
and tho Grand Duchy of Luxembourg are united within and jointly represented
by tho Benelux Economic Union, any transaction in respect of the
administration of- the share allocated to' that Economic Union may
be carried out by any <5no of its members ;
                                                                  0
 ---pagebreak---                                                           5                            c
  HAS ADOPTES) THIS K3GULATIOÎÏ :
                                                   Artiole 1
   1 . There is herctoy opened in respect of the poriod 1 January to
  31 December 1977 a ' Community tariff quota of 33.500 metric tons of frozen
  bpef\ and 'veal , . expressed as "bonod meat,' falling within subheading No
■ 02,01 A II a) 2 of thd Gommon Customs Tariff.
          For ifho purpose, of charging imports. -against this quota , 100 kilogrammes
   of unboned meat shall "be . taken , to "bo equivalent to 77 kilog-reaxios of "boned
  moat .                           .                       • v
  2.      Inports of these goods which have been admitted under the benefit of another
  preferential tariff regime shall not be set off against this tariff quota .
   .V     As regards the quotas allocated to the original
   Member States, the Common Customs Tariff duty
   applicable shall be 20 % .
          As regards the quota allocated to the new
    Member States, the duties shall be those calculated in
   accordance with the relevant provisions of the Act of
   Accession .
   4 . Imports of the products concerned shall be
     subject to the provisions adopted under Regulation
     (EEC) No 974/71 ( ' ), as last amended by Regulation
     (EEC) No 475/75 (2), as regards the fluctuation of the
     currencies of certain Member States.
     5. For the purpose of applying this Regulation, the
     levy fixed in accordance with Article 13 of Regulation
     ( EEC) No 805/68 shall, as regards imports effected
     under the conditions laid down in Article 2 (4) of
     Regulation (EEC) No 193/75, be applied to any quanti­
     ties exceeding those indicated in the import licence.
  ( 1 ) 0J Ho L 106 of 12.5.1971 , p. 1 .
  (2 ) 0J No L 52 of 28.2.1975 , P. 28 .
 ---pagebreak---                                              Article 2
X«  Tha q-ncavti-wy of 33 • 500 raettfia tens r,s npcoified in Article 1 shall "be divided
    into two parts , one of 22.000 metr-ic tons , the other of 16 . 500 metrio tons »
   Each one of those parts shall "be subdivided into two tranches .
2. The first tranche of 20 000 metric tons and 15 000 metric tons respectively
   shall "be allocated as follows among the Member States , the shades "being,
   subject as provided in Article 5 » valid from 1 January until 31 December 197 75
                                             Prom the part equal to    Prom the part equal to
                                             22 000 metric tons        16 $00 metric tons
   Bénélux                                  2 362  metric tons        1 772 metric tons
   Denraark                                   130  metric tons            98 metric tons
   Germany                                 4 000   metric tons        3 000 metric tons
   Prance                                   1 456  metric tons        1 092 metric tons
   Ireland                                      2  metric tore             1 metric "con
   Italy                                   5 740   metric tons        4 305 metrio tons
   United Kingdom                           ° 310  rnotrio tons       4 732 metric tons
                                           20 000 metric tons       15 000 metric tons
 ---pagebreak---                                        -7
   J.   The second, tranches of 2 000 and 1 500 metric tons respectively shall
   constitute the reserves .
                                     Article 3
   1.   As soon as a Member State has used 9 Ofi or more of one of its initial
   chares as fixed in Article 2(2), or of that share minus any protion
  returned to the appropriate reserve pursuant to the provisions of
. Article 5i      shall forthwith "by notifying the Commission , draw a second
  share , to the extent that the appropriate reserve so permits , equal to
  lOfo of its initial share ,           .
  2 . As soon as a Member State , having erdiav-ctccl cno of i/is
  initial shares , has used 9G'/o or more of the second share drawn "by it ,
  that Member State shall forthwith , in the manner and to the extent
  provided in paragraph 1 , draw a third share equal to Jfa of its initial
                    i
  share ,
  3 , As soon as a Member State , having cihauatod ono of its
  second shares , has used JOfo or more of the third share drawn "by it , that
 Member State shall , in «ho manner and to.tho coctcsit^as aforosaiu, draw
  a fourth share equal to the third .
  It shall continue in this fashion until the reserve i3 exhausted ,
 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 Momber
 Stato applying the provisions . of this paragraph shall inform the Commission
 of its grounds for so doing.
 ---pagebreak---                                                                               /- '
                                   _ 8 -
                                  Art?'. cl e 4
Each of the additional shares drawn pursuant to the provisions of Article 3
 shall "be valid until 31 December 1977
                       Article 5
 The Member States shall return to the reserve , not laterthan 1 October 1977 ,
 the unused portion of their initial shaj?e whicfy on 15 September 1977 , is in
  excess of 20 $ of the initial amount . They may return a greater portion if
 there tire grounds for believing that such portion may not be used in full .
Member States shall , not later than 1 October 1977 , notify uhe Commission
of the total quantities of the product in question imported up to and
including 15 September 1977 and charged against the Community quota and of
any portion of their initial shares returned to the approriate reserve .
                                  Article 6
The Commission shall keep an account of the shares opened by the Member
States pursuant to the provisions of Articles 2 and 3 and shall , as soon
as the information reaches it , inform each State of the extent to which
the reserves have been used up .
It shall , not later than 5 October 1977 , inform the Member States of the .
amounts still in reserve following any return of shares pursuant to
Article 5 «
It shall ensure that when an amount exhausting a reserve is drawn the amount
so dravm does not exceed the balance available , and to this end shall
notify the amount of that balance to the Member State maJcing the last
drawing.
                                                                  0
 ---pagebreak---                                      Article 7
   1.   Eveiy Kemoer Stats snail take all appropriate measures to ensure that
   additional shares drawn pursuant to Article 3 are opened in such a way that
   importations may "be charged id.thout interruption against its accumulated
   shares of the Community quota.-
                                                                   I
   2.   It shall ensure that importers of the product in question established
   in its territory have free access to the shares allocated to it .
  3.    The extent to which a Member State has used up its shares shall "be
   determined "by ref GVCHOG ct the importation of the product in question
  entered with the customs authorities for home use .
                                     Article 8
   On receipt of a request from the Commission , the Member States shall
   notify it of the importations charged against its shares .
                                     Article 0
                                           - – ri .
  The Ilember States and the Commission shall cooperate closely to ensure
  that this Regulation is complied with .             ,•
     »
                                     Article 10          •
  This Regulation shall enter into force on 1 January 1977 .
  This Regulation' shall "be binding in its entirety and directly applicable
  in' all Member States . '
• Done at Brussels ,        : '                            For the Council ,
                                                    .      The President