CELEX: 31978R1374
Language: en
Date: 1978-06-20 00:00:00
Title: Council Regulation (EEC) No 1374/78 of 20 June 1978 on the opening, allocation and administration of the Community tariff quota of 38 000 head of heifers and cows other than those intended for slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II b) of the Common Customs Tariff

24. 6 . 78                           Official Journal of the European Communities                            No L 167/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                                     COUNCIL REGULATION (EEC) No 1374/78
                                                        of 20 June 1978
                on the opening, allocation and administration of the Community tariff quota of
                38 000 head of heifers and cows other than those intended for slaughter, of
                certain mountain breeds, falling within subheading ex 01.02 A II b) of the
                                                  Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN                                      by special factors, both geographical and zootech­
 COMMUNITIES,                                                     nical ; whereas Denmark does not have regions
                                                                  suitable for breeding this kind of cattle ; whereas,
 Having regard to the Treaty establishing the European            however, in view of such special factors, the Commu­
 Economic Community, and in particular Articles 43                nity nature of the tariff quota in question should be
 and 1 1 3 thereof,                                               preserved by making provisions for requirements
                                                                  which may arise in this Member State ; whereas, to
 Having regard to the proposal from the Commission,               this end, this Member State may proceed to draw
                                                                  adequate shares from the Community reserve which
 Having regard to the opinion of the European Parlia­             has been set up ; whereas, in order to reflect as closely
 ment ('),                                                        as possible the actual trend of the market in question,
                                                                  the initial allocation must be made in proportion to
Whereas the European Economic Community under­                    the requirements of each of the Member States
 took within the framework of the GAIT to open an                 concerned, calculated in accordance with statistical
 annual Community tariff quota of 20 000 head at a                data concerning imports from third countries during a
duty of 6 % for heifers and cows other than those                 representative reference period and with economic
 intended for slaughter of certain mountain breeds                prospects for the quota period in question ;
 falling within subheading ex 01.02 A II b) of the
 Common Customs Tariff ; whereas eligibility for such
quota is subject to conditions to be determined by the
competent authorities of the Member State of destina­             Whereas, since the animals in question belong to
 tion ; whereas, in an exchange of letters with Austria           certain specific breeds which are not specified as such
dated 21 July 1972, the Community has undertaken                  in the statistical nomenclatures of the Member States,
 unilaterally to increase the size of the tariff quota from       no data on imports provided by the Member States
 20 000 to 30 000 head and to lower the quota duty                could be considered to be sufficiently accurate and
 from 6 % to 4 % ; whereas subsequently this quota                representative to be used as a basis for the allocation
was increased unilaterally to 38 000 head ; whereas the           in question ; whereas the extent to which Community
abovementioned tariff quota for the period 1 July                 tariff quotas for those animals in the Community as
 1978 to 30 June 1979 should therefore be opened at a             originally constituted have been exhausted, and the
duty of 4 % in relation to a quantity of 38 000 head ;            estimates made by certain Member States enable the
                                                                  requirements of each of them as regards imports from
Whereas it is in particular necessary to ensure equal             third countries for the quota period envisaged to be
and continuous access for all Community importers to              assessed as follows :
the abovementioned quota, and the uninterrupted
application of the quota duties, to all imports of the                    Benelux                     1 500 head,
animals in question until the quota is exhausted ;                        Germany                    10 000 head,
whereas, having regard to the principles defined                          France                      3 900. head,
above, the Community nature of the quota can be                                                       6 100 head ;
                                                                          Italy
respected by allocating the Community tariff quota
among the Member States ; whereas possibilities for
the use of such mountain breeds are, however, limited
                                                                  whereas, in the absence of precise information the
(') Opinion delivered on 17. 6. 1978 (not yet published in the    needs of the United Kingdom and Ireland may be
    Official Journal).                                            assessed at 300 and 200 head ;
 ---pagebreak---    No L 167/2                       Official Journal of the European Communities                             24. 6 . 78
  Whereas, in order to take into account the possible          brown, yellow and mottled Simmental breed and
  trend of imports of the aforementioned animals into          mottled Pinzgau breed, falling within subheading ex
  the said Member States, the quota amount of 38 000           01.02 A II b) of the Common Customs Tariff.
  head should be divided into two parts, the first being
  allocated among certain Member States, the second            2.    For the purposes of this Regulation, the above­
                                                               mentioned cows and heifers shall be considered not
  forming a reserve intended subsequently to cover the
  requirements of those Member States when their               intended for slaughter if they are not slaughtered
  initial shares are exhausted and requirements which         within four months following the date of their impor­
                                                               tation .
  may arise within other Member States ; whereas in
  order to ensure a certain degree of security for impor­      Derogations may, however, be granted in the event of
  ters in the aforementioned Member States, the first         an act of God (disease, accident) duly attested by a
  part of the Community quota should be determined at         local authority certificate setting out the reasons for
• a level which, under the present circumstances, may         the slaughter.
  be approximately 50 % of the quota amount ;
                                                              3. The said quota shall be administered in accor­
  Whereas the initial shares of those Member States           dance with the following Articles.
  may be used up more or less rapidly ; whereas, in           4. For the purpose of applying this Regulation, the
  order to take this fact into account and avoid any          levy fixed in accordance with Article 12 of Regulation
  break in continuity, it is important that that Member       (EEC) No 805/68 (') shall, as regards imports effected
  State having used up almost the whole of its initial        under the conditions laid down in Article 2 (4) of
  share   should draw an     additional  share  from  the     Regulation (EEC) No 1 93/75 (2), be applied to any
  reserve ; whereas this must be done by each of these        quantities exceeding those indicated in the import
  Member States as and when each of its additional            licence .
  shares is almost entirely used up, and repeated as
  many times as the reserve allows ; whereas the initial                                Article 2
  and additional shares must be available until the end
  of the quota period ; whereas such method of adminis­       Within the framework of the quota referred to in
  tration calls for close cooperation between Member          Article 1 ( 1 ), the Common Customs Tariff duty for the
  States and the Commission, which must, in particular,       animals referred to in the said paragraph shall be
  be able to observe the extent to which the quota            suspended at 4 % .
  amounts are used and inform Member States thereof ;
                                                                                        Article 3
  Whereas, if, at a specified date within the quota            1 . A first part of 19 000 head shall be allocated
  period, a considerable balance of the initial share of      among the Member States listed below. The shares
  one or other of the Member States is left over, it is
  essential that that State should return a considerable      shall apply from 1 July 1978 to 30 June 1979, subject
                                                              to Article 7, and shall be as follows :
  part of such balance to the reserve in order that part
  of the Community tariff quota should not remain                       Benelux                     1 000 head,
  unused in one Member State while it could be used in                  Germany                     8 800 head,
  others ;                                                              France                      3 400 head,
                                                                        Ireland                       200 head,
  Whereas since the Kingdom of Belgium, the                             Italy                       5 300 head,
  Kingdom of the Netherlands and the Grand Duchy of                     United Kingdom                300 head .
  Luxembourg are united in and represented by the             2. The second part of 19 000 head shall be held as
  Benelux Economic Union, any measure concerning              a Community reserve.
  the administration of the shares allocated to that
  Economic Union may be carried out by one of its             3. Imports of the animals concerned shall be
  Members,                                                    subject to the provisions adopted under Regulation
                                                              (EEC) No 974/71 (3), as last amended by Regulation
                                                              (EEC) No 557/76 (4), as regards the fluctuation of the
                                                              currencies of certain Member States.
  HAS ADOPTED THIS REGULATION :
                                                                                        Article 4
                          Article 1                           If requirements arise in Denmark for cattle referred to
                                                              in Article 1 ( 1 ), this Member State shall draw an
  1 . During the period from 1 July 1978 to 30 June           adequate share from the reserve, in so far as the
  1979, a Community tariff quota of 38 000 head shall         reserve permits.
  be opened within the European Economic Commu­
  nity in respect of the imports from third countries of      (») OJ No L 148, 28. 6. 1968, p. 24.
  cows and heifers, other than those intended for
                                                              I2) OJ No L 25, 31 . 1 . 1975, p. 10.
                                                              (3) OJ No L 106, 12. 5. 1971 , p. 1 .
  slaughter, of the following mountain breeds : grey,          4 OJ No L 67, 15. 3. 1976, p. 1 .
 ---pagebreak---  24. 6 . 78                        Official Journal of the European Communities                           No L 167/3
                         Article 5                                                    Article 8
 1.    If 90 % or more of the initial quota share of one     The Commission shall keep account of the amounts
 of the Member States referred to in Article 3, or of        of the shares opened by Member States in accordance
 that share less the amount returned to the reserve,         with Articles 3, 4 and 5 and shall inform each of them
where Article 7 has been applied, has been used up,          of the extent to which the reserve has been exhausted
 that Member State shall immediately, by notifying the       as soon as it receives the notifications.
 Commission, draw a second share, in so far as the
 reserve permits, equal to 1 5 % of its initial share,       The Commission shall, not later than 1 April 1979,
 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,
90 % or more of the second share drawn by one of             The Commission shall ensure that any drawing which
these Member States has been used up, that Member            exhausts the reserve is limited to the balance available
State shall, in accordance with paragraph 1 , immedi­        and, to this end, shall specify the amount thereof to
ately draw a third share equal to 7-5 % of its initial       the Member State making the last drawing.
share, rounded off upwards, if necessary, to the next
unit.
                                                                                      Article 9
3.     If, after the second share has been exhausted,
90 % or more of the third share drawn by one of              Member States shall take all measures necessary to
these Member States has been used up, that Member            ensure that when additional shares are drawn pursuant
State shall, in accordance with paragraph 1 , draw a         to Article 4 or 5 it is possible for imports to be
fourth share equal to the third.                             counted without interruption against their accumu­
                                                             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
3, each of these Member States may draw shares lower
                                                             1 . Member States shall take all measures necessary
than those fixed in these paragraphs if there are            to ensure that access to the tariff quota in question is
reasons to consider that such shares might not be            restricted to cattle as specified in Article 1 ( 1 ) and (2).
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph .
                                                             2. They shall ensure free access to the shares allo­
                                                             cated to them for importers established in their terri­
                         Article 6                           tory.
                                                             3.    The extent to which the shares of the Member
The additional shares drawn in pursuance of Article 5
shall apply until 30 June 1979.                              States have been used up shall be recorded on the
                                                             basis of imports submitted for customs clearance
                                                             under cover of declarations that they have been made
                         Article 7                           available for consumption .
Member States shall return to the reserve, not later
                                                                                     Article 11
than 25 March 1979, the unused portion of their
initial share in excess, on 5 March 1979, of 20 % of
the initial amount. They may return a larger quantity        On request by the Commission, Member States shall
if there are reasons to consider that such quantity may      inform it of imports actually charged against their
not be used .                                                shares .
However, amounts for which import certificates have
been issued but not used shall not be returned to the           ,                    A rticle 1 2
reserve .
                                                             Member States and the Commission shall cooperate
The Member States shall, not later than 25 March             closely to ensure that the provisions of this Regulation
1979, notify the Commission of the total imports of          are observed .
the animals in question effected up to 5 March 1979
inclusive and charged against the tariff quota, the
amounts referred to in the second subparagraph and,                                  Article 13
where appropriate, the proportion of their initial share
that they return to the reserve.                             This Regulation shall enter into force on 1 July 1978 .
 ---pagebreak--- No L 167/4                    Official Journal of the European Communities                        24. 6. 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 20 June 1978 .
                                                                    For the Council
                                                                      The President
                                                                      P. DALSAGER
         I