CELEX: 31976R3167
Language: en
Date: 1976-12-21 00:00:00
Title: Council Regulation (EEC) No 3167/76 of 21 December 1976 opening, allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II a) 2 of the Common Customs Tariff (1977)

No L 357/ 14                       Official Journal of the European Communities                            29 . 12. 76
                                 COUNCIL REGULATION (EEC) No 3167/76
                                                of 21 December 1976
              opening, allocating and providing for the administration of a Community tariff
              quota for frozen beef and veal falling within subheading 02.01 A II a) 2 of the
                                          Common Customs Tariff ( 1977)
THE COUNCIL OF THE EUROPEAN                                  Whereas, pursuant to Article 2 (4) of Commission
COMMUNITIES,                                                 Regulation (EEC) No 193/75 of 17 January 1975
                                                             laying down common detailed rules for the applica­
Having regard to the Treaty establishing the European        tion of the system of import and export licences and
Economic Community,                                          advance fixing certificates for agricultural products (3),
                                                              import licences authorize the importation of a quan­
Having regard to the proposal from the Commission,            tity exceeding by 5 % the quantity indicated therein ;
                                                             whereas, however, the levy provided for in Article 13
Having regard to the opinion of the European Parlia­          of Council Regulation (EEC) No 805/68 of 27 June
ment (J),                                                     1968 on the common organization of the market in
                                                              beef and veal (4), as last amended by Regulation (EEC)
Whereas, in the context of the most recent multilat­          No 568/76 (5), should be applied to any quantity
eral GATT negotiations, the Community has under­              exceeding that indicated in the licence ;
taken to open, at a duty of 20 % , an annual Commu­
nity tariff quota of 38 500 metric tons of frozen beef        Whereas, since the tariff quota in question is relatively
and veal falling within subheading 02.01 A II a) 2 of         small, it ought to be possible to provide for a system
the Common Customs Tariff, expressed as boned or              of allocation based on a single apportionment
boneless meat ; whereas, therefore, this tariff quota         between the Member States, without thereby dero­
should be opened on 1 January 1977, while dividing            gating from its Community nature ; whereas it appears
the total quantity into two parts in accordance with          best to leave to each Member State the choice of a
the tariff arrangements applicable to each ;                  management system for its share of the quota ;
Whereas Articles 59 and 60 of the Act of Accession (2)        Whereas, since the Kingdom of Belgium, the
require the new Member States to apply the Regula­            Kingdom of the Netherlands and the Grand Duchy of
tions of the common agricultural policy from 1                Luxembourg are jointly represented by the Benelux
February 1973 and to align their customs tariff duties
on those of the Common Customs Tariff in accor­               Economic Union, any operation concerning the
                                                              administration of the quota shares allocated to that
dance with the timetable provided for in the said             economic union may be carried out by any one of its
Article 59 ; whereas, therefor®, the new Member               members ;
States' needs for imports should be covered in 1977 ;
whereas the quota duties to be applied by the new
Member States should conform to the Act of Acces­             Whereas, if at a given date during the quota period it
sion ;                                                         is found that a balance of a quota share remains in
                                                              one or other Member State, it will be necessary, where
Whereas equal and continuous access to the quota               appropriate, to re-allocate the amounts which have
should be ensured for all importers and the rate laid          not been used up, in order that they might be used up
down for the tariff quota should be applied consist­           by other Member States,
ently in all Member States to all imports of the
product in question until the quota is used up ;
whereas a system of utilization of the Community
tariff quota, based on an allocation between the               HAS ADOPTED THIS REGULATION :
Member States concerned, would, in the light of the
 principles outlined above, appear consistent with the
 Community nature of the quota ; whereas, to repre­                                      Article 1
 sent as closely as possible the actual market trends in
the product in question, the allocation should be               1 . A Community tariff quota for frozen beef and
 proportionate to the requirements of the Member               veal falling within subheading 02.01 A II a) 2 of the
States calculated with reference to statistical data on        Common Customs Tariff, totalling 38 500 metric tons
 imports from third countries during a representative          expressed as boned or boneless meat, is hereby
 reference period and to the economic prospects for            opened for 1977.
 the quota year in question ;
                                                               0 OJ No L 25, 31 . 1 . 1975, p. 10 .
(>) OJ No C 293, 13. 12. 1976, p. 59.                          (4) OJ No L 148 , 28 . 6. 1968 , p. 24.
(2) OJ No L 73, 27. 3. 1972, p. 28 .                           (5 ) OJ No, L 67, 15. 3 . 1976, p. 28 .
 ---pagebreak--- 29. 12. 76                             Official Journal of the European Communities                        No L 357/ 15
For the purpose of charging imports against this                 2. Imports of the product concerned shall be
quota, 100 kilogrammes of unboned meat shall be                  subject to the provisions adopted under Regulation
taken to be equivalent to 77 kilogrammes of boned or             (EEC) No 974/71 (!), as last amended by Regulation
boneless meat.                                                   (EEC) No 557/76 (2), as regards the fluctuation of the
                                                                 currencies of certain Member States.
2. Imports of those goods which have been
admitted under the benefit of another preferential
tariff regime shall not be set off against this tariff                                      Article 3
quota.
                                                                  1 . The Member States shall take all appropriate
3. As regards the quotas allocated to the original               steps to guarantee importers established within their
Member States, the Common Customs Tariff duty                    territories free access to the quota shares allocated to
applicable shall be 20 % .                                       them .
4.    As regards the quota allocated to the new
Member States, the duties shall be those calculated in           2.      The extent to which the shares of the Member
accordance with the relevant provisions of the Act of            States have been used up shall be verified on the basis
Accession.                                                       of imports as the product is presented for customs
                                                                 clearance under the declaration for consumption.
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                                           Article 4
under the conditions laid down in Article 2 (4) of
Regulation (EEC) No 193/75, be applied to any quanti­            The Member States shall regularly inform the .
ties exceeding those indicated in the import licence.            Commission of imports which have been charged
                                                                 against their shares.
                         Article 2
1 . The quantity of 38 500 metric tons indicated in                                          Article 5
Article 1 ( 1 ) shall be divided into two parts, one
totalling 22 000 metric tons, the other 1 6 500 metric           The Member States and the Commission shall coop­
tons, allocated as follows :                                     erate closely to ensure that this Regulation is
                                                                 complied with.
                        For the part            For the part
                      totalling 22 000        totalling 16 500                               Article 6
                        metric tons             metric tons
                                                                 The Commission shall, not later than 1 October 1977,
Benelux                     2 423                    1 817       submit to the Council a report on the quantities for
                                                                 which licences have been delivered in each Member
Denmark                        111                      84
                                                                 State .
Germany                     4 334                   3 251
France                       1 532                   1 148       The Council, acting by a qualified majority on a pro­
Ireland                       —                       —
                                                                 posal from the Commission, shall, where appropriate,
Italy                       6314                    4 736
                                                                 re-allocate the amounts which have not been used up.
United Kingdom              7 286                   5 464
                                                                                             Article 7
                          22 000                  16 500
                                                                 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, 21 December 1976.
                                                                                For the Council
                                                                                  The President
                                                                          A. P. L. M. M. van der STEE
                                                                 (') OJ No L 106, 12. 5. 197.1 , p. 1 .
                                                                 (2) OJ No L 67, 15. 3. 1976, p. 1 .