CELEX: 51989PC0539
Language: en
Date: 1989-11-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATIONS ( EEC ) NO 1787/89 AND 1788/89 OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR ANIMALS OF CERTAIN MOUNTAIN BREEDS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM (89) 539  final
                                             Brussels,  3  November 1989
                                Proposal for a
                           COUNCIL REGULATION (EEC)
    amending Regulations (EEC) No 1787/89 and 1788/89 opening and providing
         for the administration of Community tariff quotas for animals
                           of certain mountain breeds
                        (presented by the Commission)
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1. By Regulations (EEC) Nos 1787/89 and 1788/89 of 19 June 1989 (1), the Council
   opened for the period 1 July 1989 to 30 June 1990 the contractual Community
   tariff quotas for animals of certain mountain breeds. The Regulations pro-
   vided, on an experimental and provisional basis, a new system of management
   designed to put the management on a more Community footing, as required
   following the judgment of the Court of Justice in Case 51/87.
2. However experience has shown that the bulk of the quantities reserved for
   other importers has not been assigned, on account of the large number of
   applicants and the non-issuing of entitlement certificates for quantities
    less than five head.
   To avoid sterilisation of part of the tariff quotas, and in an attempt to
   improve the management system and use of these quotas, it is important to
   amend the Regulations in question from 1 January 1990.
   The main purposes of these amendments would be:
   - to carry over to the second period, starting 1 January 1990, any
      quantities which have not been assigned during the first period owing
      to the limitation that entitlement certificates shall be issued for a
      minimum of five head;
   - to reduce the number of applicants by defining the concept of "other
      importers" as being persons who are professional breeders or professional
      traders in live animals;
    - to limit to a maximum of 50 head the quantities for which each such
      person may apply;
    - to allow entitlement certificates to be issued for limitless number of
      head of cattle.
    Such is the purpose of this proposal.
    (1) 0J No. L 176 of 23.6.1989, pp. 5 and 8.
 ---pagebreak---                                   Proposal for a
                      COUNCIL REGULATION (EEC) No.     /89
amending Regulations (EEC) Nos 1787/89 and 1788/89 opening and providing for the
              administration of Community tariff quotas for animals
                            of certain mountain breeds
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Economic Community, and in
   particular Article 113 thereof,
   Having regard to the proposal from the Commission,
   Whereas, by Regulation (EEC) Nos 1787/89 and 1788/89 (1), the Council opened for
   the period 1 July 1989 to 30 June 1990 the contractual Community tariff quotas
   for animals of certain mountain breeds, in respect of which the management system
   had been totally revised to make it conform more closely to the Community character
   of these quotas; whereas difficulties arose in the application of these regulations
   in the first months, requiring amendment of the system taken up in those regula-
   tions,
   HAS ADOPTED THIS REGULATION:
                                           Article 1
   Article 2 of Regulation (EEC) No 1787/89 is replaced by the following text:
                                           "Article 2
   1. Each of the instalments referred to in Article 1 (4) shall be further divided
   into two parts.
   The first, 90% of the total, i.e. 19 170 head, shall be reserved for established
   importers who are able to furnish proof of having imported animals of the breeds
   specified in the tariff quota in question during the previous three years, or
   in the case of Spain, during the last two years.
   The second, of 10%, i.e. 2 130 head shall be reserved for breeders who undertake,
   when making application, to raise the imported cattle in their own premises, and
   for persons duly recognised as conducting business in live animals.
   2. The 19 170 head shall be assigned to the various importers pro rata, in
   proportion to the scale of their previous imports over the three years under
   consideration, while the 2 130 head shall be assigned to applicants pro rata,
   in proportion to the entitlement applied for. In the latter case, applications
   for quantities greater than 50 head shall be automatically reduced to that number.
   Quantities which have not been assigned during the first period, owing to the
   limitation to a minimum of 5 head provided in Article 2 (2) last sentence of the
   afore-mentioned Regulation, which had been in force during the first period,
   shall be added to the quantities to be assigned in the second period.
   3. Any quantities of one of the parts referred to in paragraph 1 not applied for
   and assigned within a given period shall be automatically transferred to the other
   part."
    (1) 0J No L 176 of 23.6.1989, pp 5 and 8.
 ---pagebreak---                                        Article 2
Article 2 of Regulation (EEC) No 1788/89 is replaced by the following text:
                                       "Article 2
1. Each of the instalments reffered to in Article 1 (4) shall be further divided
into two parts.
The first, 90% of the total, i.e. 2 250 head, shall be reserved for established
importers who are able to furnish proof of having imported animals of the breeds
specified in the tariff quota in question during the previous three years, or in
the case of Spain, during the last two years.
The second, of 10%, i.e. 250 head, shall be reserved for breeders who undertake,
when making application,,to raise the imported cattle in their own premises, and
for persons duly recognised as conducting business in live animals.
2. The 2 250 head shall be assigned to the various importers pro rata, in
proportion to the scale of their previous imports over the three years under
consideration, while the 250 head shall be assigned to applicants pro rata, in
proportion to the entitlement applied for. In the latter .case, applicants for
quantities greater than 50 head shall be automatically reduced to that number.
Quantities which have not been assigned during the first period, owing to the
 limitation to a minimum of 5 head provided in Article 2 (2) last sentence of
the afore-mentioned Regulation, which had been in force during the first period
shall be added to the quantities to be assigned in the second period.
3. Any quantities of one of the parts referred to in paragraph 1 not applied for
and assigned within a given period shall be automatically transferred to the
oter part."
                                        Article 3
 This Regulation shall enter into force on 1 January 1990.
 This Regulation shall be binding in its entirety and directly applicable in all
 Member States.
 Done at Bruxelles,
                                              For the Council
                                               The President
                                                                                 k
 ---pagebreak---                                                                £-/v
FICHE FINANCIERE                              Date :
1.  Ligne budgétaire concernée : Chap. 12 art. 120
2.  Base juridique : art. 113 du traité.
3.  Intitulé de la mesure tarifaire : Proposition de règlement
    du Conseil modifiant les règlements (CEE) N* s 1787/89 et
    1888/89, portant ouverture et mode de gestion de contingents
    tarifaires communautaires pour des animaux de certaines races
    de montagne.
4.  Objectif : Assurer une meilleure gestion et une utilisation
    plus importante des contingents.
5.  Perte de recettes : sans changement.
 ---pagebreak---                                                                                                    e
                                                                                                     /v
            FICHE D'IMPACT             SUR LA COMPETITIVITE               ET      L'EMPLOI
Cette   proposition           vise    la m o d i f i c a t i o n  de règlements         en cours
relatifs   à des       contingents        résultant             d'engagements         contractuels
de  la  Communauté.           L'impact    découlant             de ces  concessions        a  été
pris   en c o n s i d é r a t i o n lors  de    la     prise      de d é c i s i o n  d'adoption
de ces   contingents            et  il  n'aura       pas un c a r a c t è r e      sérieux   sur  la
compétitivité        et     l'emploi     dans      la     Communauté.
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(89) 539 final
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-89-505-EN-C
                                                             ISBN 92-77-54445-7
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