CELEX: 51986PC0106(01)
Language: en
Date: 1986-02-28
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA OF 38 000 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

3. 4. 86                                 Official Journal of the European Communities                               No C 74/5
                                                                 II
                                                         (Preparatory Acts)
                                                   COMMISSION
               Proposal for a Council Regulation opening, allocating and providing for the administration of a
               Community tariff quota of 38 000 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
                                                        COM(86) 106 final
                                 (Submitted by the Commission to the Council on 5 March 1986)
                                                           (86/C 74/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             application of the quota duties, to all imports of the
                                                                     animals in question until the quota is exhausted;
 Having regard to the Treaty establishing the European               whereas, having regard to the principles defined above,
 Economic Community, and in particular Articles 43 and               the Community nature of the quota can be respected by
 113 thereof,                                                        allocating the Community tariff quota among the
                                                                     Member States; whereas possibilities for the use of such
 Having regard to the proposal from the Commission,                  mountain breeds are, however, limited by special factors,
                                                                     both geographical and zootechnical; whereas Denmark
Having regard to the opinion of the European Par-                    does not have regions suitable for breeding this kind of
liament,                                                             cattle; whereas, however, in view of such special factors,
                                                                     Community nature of the tariff quota in question should
                                                                     be preserved by making provision for requirements which
Whereas       the    European      Economic        Community
                                                                     may arise in this Member State; whereas, to this end, this
undertook, within the framework of GATT, to open an
                                                                     Member State may proceed to draw adequate shares
annual Community tariff quota of 20 000 head at a duty
                                                                     from the Community reserve which has been set up;
of 6 % for heifers and cows, other than those intended
                                                                     whereas, in order to reflect as closely as possible the
for slaughter, of certain mountain breeds, falling within
                                                                     actual trend of the market in question, the initial
subheading ex 01.02 A I I of the Common Customs
                                                                     allocation must be made in proportion to the
Tariff; whereas eligibility for such quota is subject to
                                                                     requirements of each of the Member States concerned,
conditions to be determined by the competent authorities
                                                                     calculated in accordance with statistical data concerning
of the Member State of destination; whereas, in an
                                                                     imports from third countries during a representative
exchange of letters with Austria dated 21 July 1972, the
                                                                     reference period and with economic prospects for the
Community has undertaken unilaterally to increase the
                                                                     quota period in question;
size of the tariff quota from 20 000 to 30 000 head and
to lower the quota duty from 6 to 4 % ; whereas, sub-
sequently, this quota was increased unilaterally to 38 000
head; whereas the abovementioned tariff quota for the
period 1 July 1986 to 30 June 1987 should therefore be               Whereas, since the animals in question belong to certain
opened at a duty of 4 % in relation to a quantity of                 specific breeds which are not specified as such in the
38 000 head;                                                         statistical nomenclatures of the Member States, no data
                                                                     on imports provided by the Member States could be
                                                                     considered to be sufficiently accurate and representative
Whereas, pursuant to Article 75 (2) (a) of the Act of                to be used as a basis for the allocation in question;
Accession, Spain is obliged from 1 March 1986 to apply               whereas the extent to which Community tariff quotas for
in its entirety the duty in the Common Customs Tariff to
                                                                     those animals in the Community have been exhausted
the animals in question; whereas this obligation does not
                                                                     and the estimates made by certain Member States enable
apply in the case of Portugal according to the provisions
                                                                     the requirements of each of them as regards imports
of Article 289 (1) of this Act; whereas it is therefore
                                                                     from third countries for the quota period envisaged to be
necessary to meet import requirements from third
                                                                     assessed as follows:
countries which might arise in Spain; whereas within the
framework of this tariff quota the duty to be applied by
that Member State is also 4 % ;
                                                                              Germany                      20 000  head,
Whereas it is in particular necessary to ensure equal and                     Greece                        2 000  head,
continuous access for all Community importers to the                          France                        1 800  head,
abovementioned        quota,    and     the     uninterrupted                 Italy                        14 000  head;
 ---pagebreak--- No C 74/6                               Official Journal of the European Communities                                     3.4.86
whereas in the absence of precise information, the needs           2.     For the purposes of this Regulation, the
of the Benelux countries, the United Kingdom, Ireland,             abovementioned cows and heifers shall be considered not
and Spain may be assessed at 100, 50, 50 and 100 head              intended for slaughter if they are not slaughtered within
respectively;                                                      four months following the date of their importation.
Whereas, in order to take into account the possible trend          Derogations may, however, be granted in the event of an
of imports of the aforementioned animals into the said             act of God duly attested by a local authority certificate
Member States, the quota amount of 38 000 head should              setting out the reasons for the slaughter.
be divided into two parts, the first being allocated among
certains Member States, the second forming a reserve               3.    The said quota shall be administered in accordance
intended subsequently to cover the requirements of those           with the following Articles.
Member States when their initial shares are exhausted
and requirements which may arise within other Member
States; whereas, in order to ensure a certain degree of                                        Article 2
security for importers in the aforementioned Member                Within the framework of the quota referred to in Article
States, the first part of the Community quota should be             1 (1), the Common Customs Tariff duty for the animals
determined at a level which, under the present circums-            referred to in the said paragraph shall be suspended at
tances, may be approximately 79 % of the quota                     4%.
amount;
Whereas, the initial shares of those Member States may                                         Article 3
be used up more or less rapidly; whereas, in order to               1.   A first part of 30 000 head shall be allocated among
take this fact into account and avoid any break in                 the Member States listed below. The shares shall apply
continuity, it is important that that Member State having          from 1 July 1986 to 30 June 1987 subject to Article 7,
used up almost the whole of its initial share should draw          and shall be as follows:
an additional share from the reserve; whereas this must
be done by each of these Member States as and when                          Benelux                            100 head,
each of its additional shares is almost entirely used up,                   Germany                         16 000 head,
and repeated as many times as the reserve allows;                           Greece                           2 100 head,
whereas the initial and additional shares must be                           Spain                              100 head,
available until the end of the quota period; whereas such                   France                           1 600 head,
method of administration calls for close cooperation                        Ireland                             50 head,
between Member States and the Commission, which                             Italy                           10 000 head,
latter must, in particular, be able to observe the extent to                United Kingdom                      50 head.
which the quota amounts are used and inform Member
States thereof;                                                    2.    The second part of 8 000 head shall be held as a
                                                                   Community reserve.
Whereas if, at a specified date within the quota period, a
considerable balance of the initial share of one or other
of the Member States is left over, it is essential that that                                   Article 4
State should return a considerable part of such balance            If an importer notifies an imminent importation of the
to the reserve in order that part of the Community tariff          animals in question in Denmark and requests the benefit
quota should not remain unused in one Member State                 of the quota, the Member State concerned shall inform
while it could be used in others;                                  the Commission and draw an amount corresponding to
                                                                   these requirements to the extent that the available
Whereas, since the Kingdom of Belgium, the Kingdom
                                                                   balance of the reserve permits this.
of the Netherlands and the Grand Duchy of Luxem-
bourg are united within and jointly represented by the
Benelux Economic Union, any measure concerning the                                             Article 5
administration of the shares allocated to that economic
union may be carried out by any one of its members.                1.     If 90 % or more of the initial quota share of one of
                                                                   the Member States referred to in Article 3, or of that
HAS ADOPTED THIS REGULATION:                                       share less the amount returned to the reserve, where
                                                                   Article 7 has been applied, has been used up, that
                                                                   Member State shall immediately, by notifying the
                           Article 1
                                                                   Commission, draw a second share in so far as the reserve
1.    During the period 1 July 1986 to 30 June 1987 a              permits, equal to 10 % of its initial share, rounded off
Community tariff quota of 38 000 head shall be opened              upwards, if necessary, to the next unit.
within the European Economic Community in respect of
imports from third countries of cows and heifers, other            2.    If, after the initial share has been exhausted, 90 %
than those intended for slaughter, of the following                or more of the second share drawn by one of these
mountain breeds; grey, brown, yellow and mottled                   Member States has been used up, that Member State
Simmental breed and mottled Pinzgau breed, falling                 shall, in accordance with paragraph 1, immediately draw
within subheading ex 01.02 A I I of the Common                     a third share equal to 5 % of its initial share, rounded
Customs Tariff.                                                    off upwards, if necessary, to the next unit.
 ---pagebreak--- 3. 4. 86                                Official Journal of the European Communities                                 No C 74/7
3.     If, after the second share has been exhausted, 90 %         The Commission shall ensure that any drawing which
or more of the third share drawn by one of these                   exhausts the reserve is limited to the balance available
Member States has been used up, that Member State                  and, to this end, shall specify the amount thereof to the
shall, in accordance with paragraph 1, draw a fourth               Member State making the last drawing.
share equal to the third.
The same method shall be applied until the reserve is                                         Article 9
exhausted.                                                         Member States shall take all measures necessary to
4.     By way of derogation from paragraphs 1, 2 and 3,            ensure that when additional shares are drawn pursuant
each of these Member States may draw shares lower                  to Articles 4 or 5 it is possible for imports to be counted
than those fixed in these paragraphs if there are reasons          without interruption against their accumulated shares of
to consider that such shares might not be exhausted.               the Community quota.
They shall inform the Commission of the grounds which
led them to apply this paragraph.                                                            Article 10
                                                                   1.    Member States shall take all measures necessary to
                           Article 6
                                                                   ensure that access to the tariff quota in question is
The additional shares drawn pursuant to Article 5 shall            restricted to cattle as specified in Article 1(1) and (2).
apply until 30 June 1987.
                                                                   2.    They shall ensure free access to the shares allocated
                           Article 7                               to them for importers.
Member States shall return to the reserve, not later than          3.    The extent to which the shares of the Member
1 March 1987, the unused portion of their initial share in         States have been used up shall be recorded on the basis
excess, on 15 February 1987, of 5 % of the initial                 of imports submitted for customs clearance under cover
amount. They may return a larger quantity if there are             of declarations that they have been made available for
reasons to consider that such quantity may not be used.            free circulation.
However, amounts for which import certificates have
                                                                   4.    Where import documents are used for the
been issued but not used shall not be returned to the
                                                                   administration of the quota, they shall be sent to the
reserve.
                                                                   issuing body as soon as possible and at all events on their
The Member States shall, not later than 1 March 1987,              expiry.
notify the Commission of the total imports of the
animals in question effected, up to 15 February 1987                                         Article 11
inclusive, and charged against the tariff quota, the
amounts referred to in the second subparagraph and                 On request by the Commission, Member States shall
where appropriate the proportion of their initial share            inform it of imports actually charged against their shares.
that they return to the reserve.
                                                                                             Article 12
                           Article 8
                                                                   Member States and the Commission shall cooperate
The Commission shall keep accounts of the amounts of               closely to ensure that the provisions of this Regulation
the shares opened by Member States in accordance with              are observed.
Articles 3, 4 and 5 and shall inform each of them of the
extent to which the reserve has been exhausted as soon                                       Article 13
as it receives the notifications.
                                                                   This Regulation shall enter into force on 1 July 1986.
The Commission shall, not later than 5 March 1987,
notify Member States of the amount in the reserve after            This Regulation shall be binding in its entirety and
the return of shares pursuant to Article 7.                        directly applicable in all Member States.