CELEX: 31972R1464
Language: en
Date: 1972-07-10 00:00:00
Title: Regulation (EEC) No 1464/72 of the Council of 10 July 1972 opening, allocating and providing for the administration of the Community tariff quota of 20 000 head of heifers and cows, other than those intended for slaughter, of certain mountain breeds falling within subheading No ex 01.02 A II (b) 2 of the Common Customs Tariff

Official Journal of the European Communities                                    673
No L 156/2                        Official Journal of the European Communities                                12.7.72
                              REGULATION (EEC) No 1464/72 OF THE COUNCIL
                                                  of 10 July 1972
              opening, allocating and providing for the administration of the Community tariff
              quota of 20 000 head of heifers and cows, other than those intended for slaughter, of
              certain mountain breeds falling within subheading No ex 01.02 A II (b) 2 of the
                                             Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                    enables all such factors to be taken into account;
                                                             whereas, in order to reflect as closely as possible the
Having regard to the Treaty establishing the                 actual trend of the market in question, the initial
European Economic Community;                                 allocation among the three aforementioned Member
                                                             States must be made in proportion to the
                                                             requirements of each one, calculated in accordance
Having regard to the proposal from the Commission ;          with statistical data concerning imports from third
Whereas, for heifers and cows of certain mountain            countries during a representative reference period and
breeds, other than those intended for slaughter,             with economic prospects for the quota year in
falling within subheading No ex 01.02 A II (b) 2 of          question.
the Common Customs Tariff, the European
Economic Community has undertaken within the                 Whereas, however, it has not been possible until now
framework of the multilateral GATT negotiations to           to standardize the rules applicable in the various
open an annual Community tariff quota of 20 000              Member States as regards supervision of imports of
head at a duty of 6% ; whereas eligibility for this          animals intended for slaughter, for breeding or for
quota is subject to conditions which are to be               income; whereas, in such circumstances, the
determined by the competent authorities of the               statistical data furnished by Member States in this
Member State of destination ; whereas the tariff             field cannot be considered to be sufficiently accurate
concessions granted within the framework of these            and representative to be used as a basis for the
negotiations are operative and whereas therefore the         allocation in question ; whereas the extent to which
tariff quota in question should be opened for the            the Community tariff quotas open until now for
period from 1 July 1972 to 30 June 1973 ;                    these animals have been used, and the estimates made
                                                             by the aforementioned three Member States, enable
Whereas it is in particular necessary to ensure equal        the requirements of each of them as regards imports
and continuous access for all Community importers            from third countries for the quota period envisaged
to the abovementioned quota, and the uninterrupted           to be assessed as follows :                       ^
application of the rate laid down for that quota to all
imports of the animals in question into all Member                     Germany                  10 000 head,
States until the quota is used up ; whereas, having                   France                     3 900 head,
regard to the principles defined above, the                            Italy                     6 100 head ;
Community nature of the quota can be respected by
allocating the Community tariff quota among                  Whereas, in order to take into account the possible
Member States ; whereas possibilities for the use of         trend of imports of the aforementioned animals into
such mountain breeds are however limited by special          Member States, the quota amount of 20 000 head
factors, both geographical and zootechnical ; whereas        should be divided into two instalments, the first
Germany, France and Italy are the only Member                instalment being allocated among Germany, France
States which have regions suitable for breeding this         and Italy, the second forming a reserve intended
kind of cattle; whereas, however, in view of such            ultimately to cover the requirements of those
special factors, the Community nature of the tariff          Member States when their initial quota share is used
 quota in question should be preserved by making             up and requirements which may arise within other
provision for requirements which may arise in other          Member States ; whereas, in order to ensure a certain
Member States; whereas, in exceptional cases, the            degree of security for importers in the three
system provided for in Article 3 of this Regulation          aforementioned Member States, the first instalment
 ---pagebreak---   674                                 Official Journal of the European Communities
 of the Community quota should be determined at a                certain Member States ; the quota shares, which,
 comparatively high level which under the present                subject to Article 6, shall be available for use from 1
 circumstances may be about 70% of the quota                     July 1972 to 30 June 1973 , shall, for those Member
 amount ;                                                        States, be the quantities shown below :
 Whereas the initial quota shares of those Member                         Germany                      7000 head,
  States may be used up fairly rapidly ; whereas, in                      France                       2750 head,
 order to take this fact into account and avoid any
 break in continuity, it is important that any Member                     Italy                        4250 head,
 State having used up almost the whole of its initial
 share should draw an additional quota share from                2.    The second instalment, of 6000 head, shall
 the reserve ; whereas this must be done by each                 form the reserve.
 Member State as and when each of its additional
 quota shares is almost . entirely used up, and repeated                                 Article 3
 as many times as the reserve allows ; whereas the
 initial and additional quota shares must be available
 for use until the end of the quota period ; whereas            If a need arises in the Benelux Economic Union for
 such    method   of  administration    calls   for close        cattle referred to in Article 1 the latter, represented
 cooperation between Member States and the                       by one of its Members, shall draw an adequate share
 Commission, which must, in particular, be able to               from the reserve, in so far as the reserve permits.
 observe the extent to which the quota amounts are               The Members of that Economic Union shall take the
 used and inform Member States thereof;                          necessary steps to notify importers of this possibility.
 Whereas if, at a specified date within the quota
 period, a considerable balance remains in favour of                                     Article 4
 one or other of the Memb.er States, it is essential that
 that State should return a considerable part of such
 balance to the reserve in order that part of the                1.    If 90% or more of the initial quota share of one
 Community quota should not remain unused in one                 of the Member States referred to in Article 2 ( 1 ), as it
 Member State while it could be used in others ;                is determined herein, or of that quota share less the
                                                                portion returned to the reserve, where Article 6 has
Whereas, since the Kingdom of Belgium, the                      been applied, has been used up, that Member State
 Kingdom of the Netherlands and the Grand Duchy of              shall immediately, by notifying the Commission,
Luxembourg are united in and represented by the                 draw a second quota share, in so far as the reserve
Benelux Economic Union, any measure concerning                  permits, equal to 15% of its initial quota share,
the administration of the quota shares allocated to             rounded up if necessary to the next higher unit.
that Economic Union may be carried out by one of
its Members .                                                   2. If, after the initial quota share is used up, 90%
                                                                or more of the second quota share drawn by one of
Whereas, since the tariff quotas in question are valid          these Member States is used, that Member State shall,
until 30 June 1973 , the system provided for could be           in accordance with paragraph 1 , immediately draw a
amended . to take account of the accession of new               third quota share equal to 7-5% of its initial quota
Member States ;                                                 share, - rounded up if necessary to the next higher
                                                                unit.
HAS ADOPTED THIS REGULATION :
                                                                3 . If, after the second quota share is used up, 90%
                        Article 1
                                                                or more of the third quota share drawn by one of
                                                                these Member States is used, that Member State shall,
During the period from 1 July 1972 to 30 June 1973 ,            in accordance with paragraph 1 , draw a fourth quota
the Common Customs Tariff duty on heifers and                   share equal to the third.
cows, other than those intended for slaughter, of the
grey, brown, yellow and mottled Simmental breeds                The same method shall be applied in the same way
and the Pinzgau breed, falling within subheading No             until the reserve is used up .
ex 01.02 A II ( b ) of the Common Customs Tariff,
shall be fixed at 6% within the framework of a
                                                                4. By way of derogation from paragraphs 1 , 2 and
Community tariff quota of 20 000 head.                         3 , each of the Member States may draw quota shares
                                                               lower than those fixed in those paragraphs if there
                       Article 2                               are reasons for considering that such quota shares
                                                               may not be used up. They shall inform the
1.     A first instalment of 14 000 head of that                Commission of the grounds on which they have
Community tariff quota shall be allocated among                 applied the provisions of this paragraph.
 ---pagebreak---                                      Official Journal of the European Communities                                 675
                         Article 5                              accordance with their own administrative provisions .
                                                                They shall ensure free access to the quota shares
 Additional quota shares drawn in pursuance of                  which have been allocated to them for importers
 Article 4 shall be available for use until 30 June 1973 .      established on their territory.
                         Article 6                              2.    The said Member States shall take all measures
                                                                necessary to ensure that when additional quota
                                                                shares are drawn pursuant to Article 3 or 4 it is
 If, by 5 April 1973 , a Member State has not used up           possible for charges to be made without interruption
 its initial quota share as fixed by Article 2 ( 1 ) or as      against their accumulated shares of the Community
 resulting from the application of Article 3, it shall,         tariff quota.
 not later than 25 April 1973 , return to the reserve the
 unused portion of its quota share in excess of 20% of
 the initial amount. It may return a larger quantity if          3.    The extent to which the quota shares of
there are reasons to consider that such quantity may            Member States have been used up shall be recorded
 not be used .                                                  on the basis of imports of the animals in question
                                                                under cover of declarations that they have been
The Member States shall, not later than 25 April                entered into consumption.
 1973 , notify the Commission of the total imports of
the animals in question effected up to 5 April 1973
inclusive and charged against the Community quota                                      Article 9
 and, where appropriate, the portion of its initial
quota share that it returns to the reserve.                     Member States shall inform the Commission at
                                                                regular intervals of imports from third countries
                         Article 7                              actually charged against their quota shares.
The Commission shall keep account of the amounts                                       Article 10
of the quota shares opened by Member States in
accordance with Articles 2, 3 and 4 and shall inform
each of them of the extent to which the reserve has            Member States and the Commission shall cooperate
been used as soon as it receives the notifications .            closely to see that the provisions of this Regulation
                                                                are observed.
The Commission shall, not later than 1 May 1973 ,
notify Member States of the amount in the reserve                                     Article 11
after the return of quota shares pursuant to Article 6.
The Commission shall ensure that the drawing which             The above provisions may be amended to take
uses up the reserve is limited to the balance available         account of the situation resulting from the accession
and, for this purpose, shall specify the amount                of new Member States .
thereof to the Member State which makes the final
drawing.
                                                                                      Article 12
                         Article 8
                                                               This Regulation shall enter into force on the day of
1.     The Member States referred to in Articles 2 and         its publication in the Official Journal of the
3 shall lay down, with regard to their quota shares,           European Communities.
the conditions for access to the tariff quota in
question and shall administer their quota shares in            It shall apply from 1 July 1972.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 10 July 1972.
                                                                                  For the Commission
                                                                                      The President
                                                                                    N. SCHMELZER