CELEX: 31974R1844
Language: en
Date: 1974-07-15 00:00:00
Title: Regulation (EEC) No 1844/74 of the Council of 15 July 1974 on the opening, allocation and administration of the Community tariff quota of 30 000 head of heifers and cows other than those intended for slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II b) 2 of the Common Customs Tariff

17. 7. 74                              Official Journal of the European Communities                          No L 194/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                               REGULATION ( EEC) No 1844/74 OF THE COUNCIL
                                                       of 15 July 1974
              on the opening , allocation and administration of the Community tariff quota of
              30 000 head of heifers and cows other than those intended for slaughter, of
              certain mountain breeds, falling within subheading ex 01.02 A II b) 2 of the
                                                  Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                       the abovementioned quota, and the uninterrupted
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
Economic Community, and in particular Articles 43                 whereas, having regard to the principles defined
and 113 thereof ;                                                 above, the Community nature of the quota can be
                                                                  respected by allocating the Community tariff quota
Having regard to the proposal from the Commission ;               among the Member States ; whereas possibilities for
                                                                  the use of such mountain breeds are, however, limited
Having regard to the Opinion of the European Parlia­              by special factors, both geographical and zootech­
ment ;
                                                                  nical ; whereas the Benelux countries and Denmark
Whereas, at the last GATT multilateral negotiations               do not have regions suitable for breeding this kind of
the European Economic Community undertook to                      cattle ; whereas, however in view of such special
open an annual Community tariff quota of 20 000                   factors, the Community nature of the tariff quota in
head at a duty of 6 % for heifers and cows other than             question should be preserved by making provision for
those intended for slaughter of certain mountain                  requirements which may arise in these Member
breeds falling within subheading ex 01.02 A II b) 2 of            States ; whereas, in exceptional cases, the system
the Common Customs Tariff ; whereas eligibility for               provided for in Article 4 of this Regulation enables all
such quota is subject to conditions to be determined              such factors to be taken into account ; whereas, in
by the competent authorities of the Member State of               order to reflect as closely as possible the actual trend
destination ; whereas, in an exchange of letters with             of the market in question , the initial allocation must
Austria of 21 July 1972, the Community has under­                 be made in proportion to the requirements of each of
taken unilaterally to increase the size of the tariff             the Member States concerned , calculated in accor­
quota from 20 000 to 30 000 head and to lower the                 dance   with statistical data concerning imports from
quota duty from 6 to 4 % ;                                        third   countries during a representative reference
                                                                  period    and with economic prospects for the quota
Whereas, under Article 60 of the Act (') concerning               period   in question ;
the conditions of accession and the adjustments to the
Treaties, the new Member States are obliged to apply
the regulations of the common agricultural policy
from 1 February 1973 onwards ; whereas, therefore,
any requirements which may arise in these Member
                                                                  Whereas, since the animals in question belong to
States during the quota period under consideration
                                                                  certain specific breeds which are not specified as such
should be taken into account in the Community tariff              in the statistical nomenclatures of the Member States,
quota in question ; whereas the abovementioned tariff
                                                                  no data on imports provided by the Member States
quota for the period from 1 July 1974 to 30 June
                                                                  could be considered to be sufficiently accurate and
1975 should therefore be opened at a duty of 4 % for
                                                                  representative to be used as a' basis for the allocation
the Community as originally constituted and at a duty
corresponding to the provisions of the abovemen­
                                                                  in question ; whereas the extent to which Community
tioned Act for the new Member States ;
                                                                  tariff quotas for those animals in the Community as
                                                                  originally constituted have been exhausted, and the
Whereas it is in particular necessary to ensure equal             estimates made by certain Member States enable the
and continuous access for all Community importers to              requirements of each of them as regards imports from
                                                                  third countries for the quota period envisaged to be
(') OJ No L 73 , 27 . 3 . 1972, p. 14.                            assessed as follows :
 ---pagebreak--- No L 194/2                         Official Journal of the European Communities                               17. 7. 74
      Germany                           10 000 head           be opened within the European Economic Commu­
      France                             3 900 head           nity in respect of the imports from third countries of
      Italy                              6 100 head           cows and heifers, other than those intended for
                                                              slaughter, of the grey, brown , yellow and mottled
whereas, in the absence of more precise information           Simmental breed and Pinzgau breed, falling within
the needs of the United Kingdom and Ireland may
                                                              subheading ex 01.02 A II b) 2 of the Common
not be assessed at the present time ;                         Customs Tariff.
Whereas, in order to take into account the possible           2.     For the purposes of this Regulation, the above­
trend of imports of the aforementioned animals into           mentioned cows and heifers shall be considered not
the said Member States, the quota amount of 30 000            intended for slaughter if they are not slaughtered
head should be divided into two parts, the first being        within four months following the date of their impor­
allocated among certain Member States, the second             tation .
forming a reserve intended subsequently to cover the
requirements of those Member States when their                Derogations may, however, be granted in the event of
initial shares are exhausted and requirements which           an act of God (disease, accident) duly attested by a
may arise within other Member States ; whereas in             local authority certificate setting out the reasons for
order to ensure a certain degree of security for impor­       the slaughter.
ters in the aforementioned Member States, the first
part of the Community quota should be determined at           3 . The said quota shall be administrated in accor­
a comparatively high level which under the present            dance with the following Articles.
circumstances may be approximately 60 % of the
quota amount ;                                                                         Article 2
Whereas, the initial shares of those Member States
                                                               1 . Within the framework of the quota referred to in
 may be used up fairly rapidly ; whereas, in order to         Article 1 ( 1 ), the Common Customs Tariff duty for the
 take this fact into account and avoid any break in           animals referred to in the said paragraph shall be
 continuity, it is important that that Member State           suspended at 4 % .
 having used up almost the whole of its initial share
 should draw an additional share from the reserve ;            2.     The new Member States shall , within the said
 whereas this must be done by each of these Member             tariff quota, apply duties calculated in accordance with
 States as and when each of its additional shares is           the relevant provisions of the Act of Accession .
 almost entirely used up, and repeated as many times
 as the reserve allows ; whereas the initial and addi­
 tional shares must be available until the end of the                                   Article 3
 quota period ; whereas such method of administration
                                                               1.     A first part of 17 500 head shall be allocated
 calls for close cooperation between Member States and
 the Commission, which must, in particular, be able to         among the Member States listed below. The shares
                                                               shall apply from 1 July 1974 to 30 June 1975, subject
 observe the extent to which the quota amounts are             to Article 7, and shall be as follows :
 used and inform Member States thereof ;
                                                                     Germany                             8 800 head
 Whereas, if, at a specified date within the quota                   France                              3 400 head
 period, a considerable balance of the initial share of               Italy                              5 300 head
 one or other of the Member States is left over, it is
 essential that that State should return a considerable
                                                               2. The second part of 12 500 head shall be held as
 part of such balance to the reserve in order that part        a Community reserve.
 of the Community tariff quota should not remain
 unused in one Member State while it could be used in
 others ;                                                                               Article 4
 Whereas since the Kingdom of Belgium, the                     If requirements arise in countries of the Benelux
 Kingdom of the Netherlands and the Grand Duchy of              Economic Union, in Denmark, Ireland or the United
 Luxembourg are united in and represented by the               Kingdom for cattle referred to in Article 1 ( 1 ), these
 Benelux Economic Union, any measure concerning                Member States shall draw an adequate share from the
 the administration of the shares allocated to that             reserve, in so far as the reserve permits .
  Economic Union may be carried out by one of its
 members,                                                                               Article 5
  HAS ADOPTED THIS REGULATION :                                 1.     If 90 % or more of the initial quota share of one
                                                                of the Member States referred to in Article 3 , or of
                         Article 1                              that share less the amount returned to the reserve,
                                                               where Article 7 has been applied, has been used up,
  1.    During the period from 1 July 1974 to 30 June           that Member State shall immediately, by notifying the
  1975, a Community tariff quota of 30 000 head shall           Commission, draw a second share, in so far as the
 ---pagebreak---  17. 7. 74                          Official Journal of the European Communities                           No L 194/3
reserve permits, equal to 1 5 % of its initial share,         The Commission shall, not later than 1 May 1975,
rounded off upwards, if necessary, to the next unit.          notify Member States of the amount in the reserve
                                                              after the return of shares pursuant to Article 7.
2.     If, after the initial share has been exhausted*        The Commission shall ensure that any drawing which
90 % or more of the second share drawn by one of              exhausts the reserve is limited to the balance available
these Member States has been used up, that Member             and, to this end, shall specify the amount thereof to
State shall, in accordance with paragraph 1 , immedi­         the Member State making the last drawing.
ately draw a third share equal to 7-5 % of its initial
share, rounded off upwards, if necessary, to the next
unit.                                                                                   Article 9
3.     If, after the second share has been exhausted,         Member States shall take all measures necessary to
90 % or more of the third share drawn by one of               ensure that when additional shares are drawn pursuant
these Member States has been used Up, that Member             to Article 4 * or 5 it is possible for imports to be
State shall, in accordance with paragraph 1 , draw a          counted without interruption against their accumu­
fourth share equal to the third.                              lated shares of the Community quota.
The same method shall be applied until the reserve is
exhausted .                                                                             Article 10
4. By way of derogation from paragraphs 1 , 2 and              1 . Member States shall take all measures necessary
3, each of these Member States may draw shares lower          to ensure that access to the tariff quota in question is
than those fixed in these paragraphs if there are             restricted to cattle as specified in Article 1 ( 1 ) and (2).
reasons to consider that such shares might not be
exhausted . They shall inform the Commission of the           2. They shall ensure free access to the shares allo­
grounds which led them to apply this paragraph .              cated to them for importers established in their terri­
                                                              tory.
                         Article 6
                                                              3 . Member States shall count the animals in ques­
                                                              tion against their shares as the animals are submitted
The additional shares drawn in pursuance of Article 5         for customs clearance under cover of declarations that
shall apply until 30 June 1975.                               they have been made available for consumption .
                                                              4.    The extent to which the shares of the Member
                         Article 7
                                                              States have been used up shall be recorded on the
                                                              basis of imports counted as specified in paragraph 3 .
If, by 5 April 1975, a Member State has not exhausted
its initial share as fixed in Article 3 or as resulting
from the application of Article 4, it shall, not later                                 Article 11
than 25 April 1975, return to the reserve the unused
proportion of this share in excess of 20 % of the             Member     States   shall   inform   the Commission       at
initial amount. It may return a larger quantity if there
are reasons to consider that such quantity might not          regular intervals of imports actually charged against
                                                              their shares .
be used up.
The Member States shall, not later than 25 April 1975,
                                                                                       Article 12
notify the Commission of the total imports of the
animals in question effected up to 5 April 1975 inclu­
sive and counted against the tariff quota and, where          Member States and the Commission shall cooperate
appropriate, the proportion of their initial share that       closely to ensure that the provisions of this Regulation
                                                              are observed .
they return to the reserve .
                         A rticle 8                                                    Article 13
The Commission shall keep accounts of the amounts             This Regulation shall enter into force on the day of its
of the shares opened by Member States in accordance           publication in the Official Journal of the European
with Articles 3 , 4 and 5 and shall inform each of them       Communities.
of the extent to which the reserve has been exhausted
as soon as it receives the notifications .                    It shall apply from 1 July 1974 onwards .
 ---pagebreak--- No L 194/4                    Official Journal of the European Communities                        17 . 7 . 74
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 15 July 1974.
                                                                    For the Council
                                                                      The President
                                                                   Christian BONNET