CELEX: 31975R3288
Language: en
Date: 1975-12-16 00:00:00
Title: Regulation (EEC) No 3288/75 of the Council of 16 December 1975 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 (1976)

19 . 12. 75                          Official Journal of the European Communities                          No L 327/ 1
                                                              I
                                       V.
                                           (Acts whose publication is obligatory)
                             REGULATION (EEC) No 3288/75 OF THE COUNCIL
                                                   of 16 December 1975
              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 ( 1976)
THE COUNCIL OF THE EUROPEAN                                      down for the fariff quota should be applied consist­
COMMUNITIES,                                                     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
Having regard to the Treaty establishing the European            tariff quota, based on an allocation between the
Economic Community ;                                             Member States concerned, would, in the light of the
                                                                 principles outlined above, appear consistent with the
                                                                 Community nature of the quota ; whereas, to repre­
Having regard to the proposal from the Commission ;              sent as closely as possible the actual market trends in
                                                                 the product in question, the allocation should be
                                                                 proportionate to the requirements of the Member
Having regard to the Opinion of the European Parlia­             States calculated with reference to statistical data on
ment (') ;                                                       imports from third countries during a representative
                                                                 reference period and to the economic prospects for
Whereas, in the context of the most recent multilat­
                                                                 the quota year in question ;
eral GATT negotiations, the Community has under­
taken to open, at a duty of 20 % , an annual Commu­
nity tariff quota of 38 500 metric tons of frozen beef           Whereas, pursuant to Article 2 (4) of Commission
and veal falling within subheading 02.01 A II a) 2 of            Regulation (EEC) No 1 93/75 (3) of 17 January 1975
the Common Customs Tariff, expressed as boned or                 laying down common detailed rules for the applica­
boneless meat ; whereas, therefore, this tariff quota            tion of the system of import and export licences and
should be opened on 1 January 1976, while dividing               advance fixing certificates for agricultural products,
the total quantity into two parts in accordance with             import licences authorize the importation of a quan­
the tariff arrangements applicable to each ;                     tity exceeding by 5 % the quantity indicated therein ;
                                                                 whereas, however, the levy provided for in Article 13
                                                                 of Council Regulation ( EEC) No 805/68 (4) of 27 June
Whereas Articles 59 and 60 of the Act of Accession (2)           1968 on the common organization of the market in
require the new Member States to apply the Regula­               beef and veal, as last amended by Regulation (EEC)
tions of the common agricultural policy from 1                   No 1 855/74 (5), should be applied to any quantity
February 1973 and to align their customs tariff duties           exceeding that indicated in the licence ;
on those of the Common Customs Tariff in accor­
dance with the timetable provided for in the said
Article 59 ; whereas, therefore, the new Member
States' needs for imports should be covered in 1976 ;            Whereas, since the tariff quota in question is relatively
whereas the quota duties to be applied by the new                small, it ought to be possible to provide for a system
Member States should conform to the Act of Acces­                of allocation based on a single apportionment
sion ;                                                           between the Member States, without thereby dero­
                                                                 gating from its Community nature ; whereas it appears
                                                                 best to leave to each Member State the choice of a
Whereas equal and continuous access to the quota                 management system for its share of the quota ;
should be ensured for all importers and the rate laid
                                                                 (3) OJ No L 25, 31 . 1 . 1975, p. 10 .
(') OJ No C 257, 10 . 11 . 1975, p. 31 .                         (4) OJ No L 148 , 28 . 6. 1968 , p. 24.
(2) OJ No L 73, 27. 3 . 1972, p. 28 .                            (5 OJ No L 195, 18 . 7. 1974, p. 14.
 ---pagebreak--- No L 327/ 2                        Official Journal of the European Communities                                  19 . 12 . 75
                                                                                                                            I
Whereas, since the Kingdom of Belgium, the
                                                                                            For the part       For the part
Kingdom of the Netherlands and the Grand Duchy of                                             totalling          totalling
Luxembourg are jointly represented by the Benelux                                        22 000 metric tons 16 500 metric tons
Economic Union, any operation concerning the
administration of the quota shares allocated to that          Benelux                           2 600              1 950
economic union may be carried out by any one of its           Denmark                              143                107
members ;                                                     Germany                           4 400              3 300
                                                              France                            1 600              1 200
                                                              Ireland
Whereas, if at a given date during the quota period it        Italy                             6314               4 736
is found that a balance of a quota share remains in           United Kingdom                    6 943              5 207
one or other Member State, it will be necessary, where
appropriate, to reallocate the amounts which have not                                         22 000             16 500
been used up, in order that they might be used up by
other Member States,
                                                              2.      Imports of the product concerned shall be
                                                              subject to the provisions adopted under Regulation
                                                              (EEC) No 974/71 ( ! ), as last amended by Regulation
HAS ADOPTED THIS REGULATION :                                 (EEC) No 475/75 (2), as regards the fluctuation of the
                                                              currencies of certain Member States .
                                                                                        Article 3
                        Article 1
                                                              1 . The Member States shall take all appropriate
                                                              steps to guarantee importers established within their
 1 . A Community tariff quota for frozen beef and             territories free access to the quota shares allocated to
veal falling within subheading 02.01 A II a) 2 of the         them .
Common Customs Tariff, totalling 38 500 metric tons
expressed as boned or boneless meat, is hereby                2.      The extent to which the shares of the Member
opened for 1976.                                              States have been used up shall be verified on the basis
                                                              of imports as the product is presented for customs
2.     For the purpose of charging imports against this       clearance under the declaration for consumption.
quota, 100 kilogrammes of unboned meat shall be
taken to be equivalent to 77 kilogrammes of boned or                                    Article 4
boneless meat.
                                                              The Member States shall regulary inform the Commis­
                                                              sion of imports which have been charged against their
3 . As regards the quotas allocated to the original           shares .
Member States, the Common Customs Tariff duty
applicable shall be 20 % .                                                              Article 5
                                                              The Member States and the Commission shall coop­
4.     As regards the quota allocated to the new              erate closely to ensure that this Regulation is
Member States, the duties shall be those calculated in
                                                              complied with .
accordance with the relevant provisions of the Act of
Accession .
                                                                                        Article 6
 5 . For the purpose of applying this Regulation, the         The Commission shall, not later than 1 October 1976,
 levy fixed in accordance with Article 13 of Regulation        submit to the Council a report on the quantities for
(EEC) No 805/68 shall, as regards imports effected             which licences have been delivered in each Member
 under the conditions laid down in Article 2 (4) of            State .
 Regulation (EEC) No 193/75, be applied to any quanti­
                                                               The Council, acting by a qualified majority on a prop­
 ties exceeding those indicated in the import licence.
                                                               osal from the Commission , shall, where appropriate,
                                                               reallocate the amounts which have not been used up.
                         Article 2                                                       Article 7
                                                               This Regulation shall enter into force on 1 January
  1 . The quantity of 38 500 metric tons indicated in          1976 .
 Article 1 ( 1 ) shall be divided into two parts, one
 totalling 22 000 metric tons, the other 16 500 metric         (!) OJ No L 106, 12. 5. 1971 , p. 1 .
 tons allocated as follows :                                   (2 ) OJ No L 52, 28 . 2. 1975, p . 28 .
 ---pagebreak--- 19 . 12 . 75                    Official Journal of the European Communities                        No L 327/3
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 16 December 1975 .
                                                                      For the Council
                                                                        The President
                                                                        G. MARCORA