CELEX: 31972R1465
Language: en
Date: 1972-07-10 00:00:00
Title: Regulation (EEC) No 1465/72 of the Council of 10 July 1972 opening, allocating and providing for the administration of the Community tariff quota of 5 000 head of bulls, cows and heifers, 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

676                                  Official Journal of the European Communities
 12.7.72                             Official Journal of the European Communities                            No L 156/5
                                REGULATION (EEC) No 1465/72 OF THE COUNCIL
                                                     of 10 July 1972
                opening, allocating and providing for the administration of the Community tariff
                quota of 5000 head of bulls, cows and heifers, 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,                        kind of cattle ; whereas, however, in view of such
                                                                 special factors, the Community nature of the tariff
                                                                 quota in question should be preserved by making
 Having regard to the Treaty establishing the European           provision for requirements which may arise in other
 Economic Community;                                             Member States ; whereas, in exceptional cases, the
                                                                 system provided for in Article 3 of this Regulation
 Having regard to the proposal from the Commission;              enables factors to be taken into • account; whereas, in
                                                                 order to reflect as closely as possible the actual trend
 "Whereas, for bulls, cows and heifers of certain                of the market in question, the initial allocation
  mountain breeds, other than those intended for                 among the three aforementioned Member States must
 slaughter, falling within subheading No ex 01.02 A              be made in proportion to the requirements of each
 II (b) 2 of the Common Customs Tariff, the                      one, calculated in accordance with statistical data
  European Economic Community has undertaken                     concerning imports from third countries during a
 within the framework of the latest multilateral
                                                                 representative reference period and in accordance
  GATT negotiations to open an annual Community
                                                                 with economic prospects for the quota year in
  tariff quota of 5000 head at a duty of 4% ; whereas
                                                                 question.
 eligibility for this quota is subject to submission of
 the following documents :
                                                                 Whereas, however, it has not been possible until now
  — bulls :   pedigree ;                                          to standardize the rules applicable in the various
  — cows :     pedigree or certificate of registration in         Member States as regards supervision of imports of
               the herdbook certifying purity of breed ;          animals intended for slaughter, for breeding or for
                                                                  income ; whereas, moreover, animals of these specific
                                                                  breeds are not specified in the statistical
  Whereas the tariff concessions granted within the              nomenclatures of the Member States ; whereas, in
  framework of those negotiations are operative and               such circumstances, the statistical data furnished by
  whereas therefore the Community tariff quota in                 Member States in this field cannot be considered to
  question should be opened for the period from 1 July            be sufficiently accurate and representative to be used
  1972 to 30 June 1973 ;                                          as a basis for the allocation in question; whereas only
                                                                  Italy, which as recently as 1967 was entitled to a
  Whereas it is in particular necessary to ensure equal           national tariff quota of 3000 head of these animals at
  and continuous access for all Community importers               a duty of 2-4% , was able to record imports of 6254
  to the abovementioned quota, and the uninterrupted              head from third countries during that year; whereas
  application of the rate laid down for that quota to all         the extent to which the Community tariff quotas
  imports of the animals in question into all Member              open until now for those animals have been used,
  States until the quota is used up ; whereas, having             and the estimates made by the aforementioned three
  regard to the principles defined above, the                     Member States, enable the requirements of each of
  Community nature of the quota can be respected by             - them as regards imports from third countries for the
  allocating the Community tariff quota among                     quota period envisaged to be assessed as follows :
  Member States ; whereas possibilities for the use of
  such mountain breeds are however limited by special                     Germany                        250 head,
  factors, both geographical and zootechnical; whereas
  Germany, France and Italy are the only Member                           France                         120 head,
  States which have regions suitable for breeding this                    Italy                        4630 head;
 ---pagebreak---                                      Official Journal of the European Communities                                    677
 Whereas, in order to take into account the possible            heifers, other than those intended for slaughter, of
 trend of imports of the aforementioned animals into            the mottled Simmental breed and the Schwyz and
 Member States, the quota amount of 5000 head                   Fribourg breeds, falling within subheading No ex
 should be divided into two instalments, the first              01.02 A II ( b) 2 of the Common Customs Tariff,
 instalment being allocated among Germany, France               shall be fixed at 4% within the framework of a
 and Italy, the second forming a reserve intended               Community tariff quota of 5000 head.
 ultimately to cover the requirements of those
 Member States when their initial quota share is used                                   Article 2
 up and requirements which may arise in other
 Member States; whereas, in order to ensure a certain
                                                                1.    A first instalment      of 4100    head   of  that
 degree of security for importers in the three
 aforementioned Member States, the • first instalment          Community tariff quota shall be allocated among
 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 80% 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                      200 head,
States may be used up fairly rapidly; whereas, in                        France                       100 head,
order to take this fact into account and avoid any                       Italy                       3800 head .
break in continuity, it is important - that any Member
State having used up almost the whole of its initial
quota share should draw an additional quota share              2.     The second instalment, of 900 head,- shall form
                                                               the reserve.
from the reserve; whereas this must be done by each
Member State as and when each of its additional
                                                                                        Article 3
quota shares is almost entirely used up, and repeated
as many times as the reserve allows; whereas the
initial and additional quota shares must be available          If a need arises in the Benelux Economic Union for
for use until the end of the quota period; whereas             cattle referred to in Article 1 the latter, represented
such    method    of   administration    calls  for  close     by one of its Members, shall draw an adequate share
cooperation between Member States and the                      from the reserve, in so far as the reserve permits.
Commission, which must, in particular, be able to
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 Member States, it is essential that
that State should return a considerable part of such           1 . If 90% or more of the initial quota share of one
balance to the reserve in order that part of the               of the Member States referred to in Article 2 ( 1 ), as it
Community quota should not remain unused in one                is determined therein, or of that quota share less the
Member State while it could be used in others ;                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 measures concerning                permits, equal to 15% of its initial quota share,
the administration of the shares allocated to that             rounded up if necessary to the next higher unit.
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, alter 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 bulls, cows and              share equal to the third.
 ---pagebreak--- 678                                  Official Journal of the European Communities
The same method shall be applied in the same way                                        Article 8
until the reserve is used up .
                                                                1.     The Member States referred to in Articles 2 and
4. By way of derogation from paragraphs 1 , 2 and               3 shall lay down, with regard to their quota shares,
3 , each of the Member States may draw quota shares             the conditions for access to the tariff quota in
lower than those fixed in those paragraphs ' if there           question and shall administer their quota shares in
are reasons for considering that such quota shares              accordance with their own administrative provisions .
may not be used up . They shall inform the                      They shall ensure free access to the quota shares
Commission of the grounds on which they have                    which have been allocated to them for importers
applied the provisions of this paragraph.                       established on their territory.
                         Article 5                              2.    The said Member States shall take all measures
                                                                necessary to ensure that when additional quota
Additional quota shares drawn in pursuance of                   shares are drawn pursuant to Article 3 or 4 it is
Article 4 shall be^available for use until 30 June 1973 .       possible for charges to be made without interruption
                                                                against their accumulated shares of the Community
                         Article 6                              tariff quota.
If, by 5 April 1973 , a Member State has not used up            3 . The extent to which the quota shares of
its initial quota share as fixed by Article 2 ( 1 ) or as       Member States have been used up shall be recorded
resulting from the application of Article 3 , it shall,         on the basis of imports of the animals in question
not later than 25 April 1973 , return to the reserve the        under cover of declarations that they have been
unused portion of its share in excess of 20% of the             entered into consumption.
initial amount. It may return a larger quantity if there
are reasons to consider that such quantity may not be                                   Article 9
used .
                                                                Member States shall . inform the Commission at
The Member States shall, not later than 25 April
1973 , notify the Commission of the total imports of            regular intervals of imports from third countries
the animals in question effected up to 5 April 1973             actually charged against their quota shares .
inclusive and charged against the Community quota
and where appropriate, the portion of its initial quota                                Article 10
share that it returns to the reserve.
                                                                Member States and the Commission shall cooperate
                        Article 7                               closely to see that the provisions of this Regulation
                                                                are observed.
The Commission shall keep account of the amounts
of the quota shares opened by Member States in                                         Article 11
accordance with Articles 2, 3 and 4 and shall inform
each of them of the extent to which the reserve has             The above provisions may be amended to take
been used as soon as it receives the notifications .            account of the situation resulting from the accession
                                                                of new Member States .
The Commission shall, not later than 1 May 1973 ,
notify Member States of the amount in the reserve
after the. return of quota shares pursuant to Article 6.                               Article 12
The Commission shall ensure that the drawing which              This Regulation shall enter into force on the day of
uses up the reserve is limited to the balance available         its publication in the Official Journal of the
and, for this purpose, shall specify the amount                 European Communities. .
thereof to the Member State which makes the final
drawing.                                                        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 Council
                                                                                       The President
                                                                                      N. SCHMELZER