CELEX: 31973R1944
Language: en
Date: 1973-07-16 00:00:00
Title: Regulation (EEC) No 1944/73 of the Council of 16 July 1973 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

20 . 7. 73                              Official Journal of the European Communities                           No L 200/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                               REGULATION (EEC) No 1944/73 OF THE COUNCIL
                                                        of 16 July 1973
              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                                        tioned tariff quota for the period from 1 July 1973 to
COMMUNITIES,                                                       30 June 1974 should therefore be opened at a duty of
                                                                   4 % for the Community as originally constituted and
                                                                   at a duty corresponding to the provisions of the above­
Having regard to the Treaty establishing the European              mentioned Act for the new Member States ; whereas,
Economic Community, and in particular Articles 43                  on a temporary basis, different systems should be laid
and 113 thereof ;                                                  down for the Member States of the Community as
                                                                   originally constituted on the one hand and the new
                                                                   Member States on the other ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parlia­
ment ;
                                                                   Whereas, as regards in particular the Member States of
                                                                   the Community as originally constituted :
Whereas, for 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 European Economic
Community has undertaken within the framework of                   — it is in particular necessary to ensure equal and
the GATT multilateral negotiations to open an annual                   continuous access for all Community importers to
Community tariff quota of 20 000 head at a duty of                     the abovementioned quota, and the uninterrupted
6 % ; whereas eligibility for such quota is subject to                 application of the quota duties, to all imports of
conditions to be determined by the competent authori­                  the animals in question until the quota is
ties of the Member State of destination ; whereas, in                  exhausted ; whereas, having regard to the princi­
an exchange of letters with Austria dated 21 July                      ples defined above, the Community nature of the
1972, the Community has undertaken unilaterally to                     quota can be respected by allocating the Commu­
increase the size of the tariff quota from 20 000 to                   nity tariff quota among the said Member States ;
30 000 head and to lower the quota duty from 6 % to                    whereas possibilities for the use of such mountain
4% ;                                                                   breeds are, however, limited by special factors,
                                                                       both geographical and zootechnical ; whereas
                                                                       Germany, France and Italy are the only Member
Whereas, under Article 60 of the Act (1) concerning                    States which have regions suitable for breeding
the Conditions of Accession and the Adjustments to                     this kind of cattle ; whereas, however, in view of
the Treaties, the new Member States are obliged to                     such special factors, the Community nature of the
apply the Regulations of the common agricultural                       tariff quota in question should be preserved by
policy from 1 February 1973 onwards ; whereas, there­                  making provision for requirements which may
fore, any requirements which may arise in these                        arise in other Member States ; whereas, in excep­
Member States during the quota period under consid­                    tional cases, the system provided for in Article 4 of
eration should be taken into account in the Commu­                     this Regulation enables all such factors to be taken
nity tariff quota in question ; whereas the abovemen­                  into account ; whereas, in order to reflect as closely
                                                                       as possible the actual trend of the market in ques­
(!) OJ No L 73 , 27 . 3 . 1972, p . 14.                                tion, the initial allocation among the three afore­
 ---pagebreak--- No L 200/2                         Official Journal of the European Communities                                20 . 7. 73
  mentioned        Member States    must be    made    in     — if, at a specified date within the quota period, a
  proportion to the requirements of each one, calcu­              considerable balance of the initial quota share
  lated in accordance with statistical data concerning            remains in favour of one or other of the Member
   imports from third countries during a representa­              States, it is essential that that State should return a
   tive reference period and with economic prospects              considerable part of such balance to the reserve in
   for the quota period in question ;                             order that part of the Community quota should
                                                                  not remain unused in one Member State while it
— it has not, however, been possible until now to                 could be used in others ;
   standardize the rules applicable in the various
   Member States as regards supervision of imports of         — since the Kingdom of Belgium, the Kingdom of
   animals intended for slaughter, for breeding or for            the Netherlands and the Grand Duchy of Luxem­
   income ; whereas, in such circumstances, the statis­           bourg are united and represented by the Benelux
   tical data furnished by Member States in this field            Economic Union, any measure concerning the
   cannot be considered to be sufficiently accurate               administration of the quota shares allocated to that
   and representative to be used as a basis for the allo­         Economic Union may be carried out by one of its
   cation in question ; whereas the extent to which               Members ;
   Community tariff quotas for those animals open             Whereas, as regards in particular the new Member
   until now have been exhausted, and the estimates           States :
   made by the aforementioned three Member States
   enable the requirements of each of them as                 — the Community nature of the tariff quota in ques­
   regards imports from third countries for the quota             tion should be preserved by making provision for
   period envisaged to be assessed as follows :                   any requirements which may arise in these
                                                                  Member States during the quota period ; whereas
               Germany            10 000 head                     to    this  end   these   Member States     should    be
               France              3 900 head                     afforded the possibility of making adequate draw­
               Italy               6 100 head,                    ings from the reserve, the latter being increased
                                                                  accordingly ;
— in order to take into account the possible trend of
    imports of the aforementioned animals into the            — the quota duties should be fixed by the new
    said Member States, the quota amount of 30 000                Member States in accordance with the abovemen­
    head should be divided into two parts, the first               tioned Act, and in particular with Articles 39, 59
    being allocated among Germany, France and Italy,               and 60 thereof ;
    the second forming a reserve intended
    subsequently to cover the requirements of those           — it is necessary to ensure equal and continuous
    Member States when their initial quota share is                access for all importers to the quota and uninter­
    exhausted and requirements which may arise                     rupted application of the quota duties to all
    within other Member States ; whereas, in order to              imports of the animals in question until the quota
    ensure a certain degree of security for importers in           is exhausted ;
    the three aforementioned Member States, the first
    part of the Community quota should be deter­
    mined at a comparatively high level which under           HAS ADOPTED THIS REGULATION :
    the present circumstances may be 60 % of the
    quota amount ;                                                                       Article 1
— the initial quota shares of those Member States             1 . During the period from 1 July 1973 to 30 June
    may be used up fairly rapidly ; whereas, in order to      1 974, a Community tariff quota of 30 000 head shall
    take this fact into account and avoid any break in        be opened within the European Economic Commu­
    continuity, it is important that that Member State        nity in respect of the imports from third countries of
     having used up almost the whole of its initial           cows and heifers, other than those intended for
    share should draw an additional quota share from          slaughter, of the grey, brown, yellow and mottled
     the reserve ; whereas this must be done by each of       Simmental breed and Pinzgau breed, falling within
     these Member States as and when each of its addi­
                                                              subheading ex 01.02 A II b) 2 of the Common
     tional quota shares is almost entirely used up, and      Customs Tariff.
     repeated as many times as the reserve allows ;
     whereas the initial and additional quota shares          2. This quota shall be divided into two parts, the
     must be available until the end of the quota             first, comprising 1 8 000 head, being allocated among
     period ; whereas such method of administration           certain Member States in accordance with Article 3,
     calls for close cooperation between Member States        the second, comprising 1 2 000 head, constituting the
     and the Commission , which must, in particular, be        reserve .
     able to observe the extent to which the quota
     amounts     are used  and   inform   Member    States     3 . The said quota shall be administered in accor­
     thereof ;                                                 dance with the following Articles.
 ---pagebreak--- 20. 7. 73                          Official Journal of the European Communities                           No L 200/3
Provisions concerning the Member States of the                be exhausted. They shall inform the Commission of
        Community as originally constituted                   the grounds which led them to apply this paragraph.
                         Article 2           "»                                       Article 6
Within the framework of the quota referred to in              The additional quota shares drawn in pursuance of
Article 1 (1 ), the Common Customs Tariff duty for the        Article 5 shall apply until 30 June 1974.
animals referred to in the said paragraph shall be
suspended at 4 % .                                                                    Article 7
                         Article 3                            If, by 5 April 1974, a Member State has not exhausted
                                                              its initial quota share as fixed in Article 3 or as
The first part of 1 8 000 head shall be allocated among       resulting from the application of Article 4, it shall, not
the Member States listed below. The quota shares shall        later than 25 April 1974, return to the reserve the
apply from 1 July 1973 to 30 June 1974, subject to            unused proportion of this quota share in excess of
Article 7, and shall be as follows :                          20 % of the initial amount. It may return a larger
                                                              quantity if there are reasons to consider that such
            Germany                 9 000 head
                                                              quantity might not be used up.
            France                  3 500 head
            Italy                   5 500 head.               The Member States shall, not later than 25 April 1974,
                                                              notify the Commission of the total imports of the
                         Article 4
                                                              animals in question effected up to 5 April 1974 inclu­
                                                              sive and charged against the tariff quota and, where
If requirements arise in the Benelux Economic Union           appropriate, the proportion of their initial quota share
for cattle referred to in Article 1 ( 1 ), the latter, repre­ they return to the reserve.
sented by one of its Members, shall draw an adequate
quota share from the reserve, in so far as the reserve                                Article 8
permits.
                                                              The Commission shall keep accounts on the amounts
                                                              of the quota shares opened by Member States in accor­
                         Article 5
                                                              dance with Articles 3 , 4 and 5 and shall inform each
                                                              of them of the extent to which the reserve has been
1.     If 90 % or more of the initial quota share of one      exhausted as soon as it receives the notifications.
of the Member States referred to in Article 3, or of
that quota share less the amount returned to the              The Commission shall, not later than 1 May 1974,
reserve, where Article 7 has been applied, has been           notify Member States of the amount in the reserve
used up, that Member State shall immediately, by noti­        after the return of quota shares pursuant to Article 7.
fying the Commission, draw a second quota share, in
so far as the reserve permits, equal to 15 % of its           The Commission shall ensure that any drawing which
initial quota share, rounded off upwards, if necessary,       exhausts the reserve is limited to the balance available
to the next unit.                                             and, to this end, shall specify the amount thereof to
                                                              the Member State making the last drawing.
2. If, after the initial quota share has been
exhausted, 90 % or more of the second quota share
                                                                                      Article 9
drawn by one of these Member States has been used
up, that Member State shall, in accordance with para­
                                                              The Member States shall take all measures necessary
graph 1 , immediately draw a third quota share equal
to 7-5 % of its initial quota share, rounded off              to ensure that when additional quota shares are drawn
upwards, if necessary, to the next unit.                      pursuant to Article 4 or 5 it is possible for charges to
                                                              be made without interruption against their accumu­
3.     If, after the second quota share has been              lated shares of the Community quota.
exhausted, 90 % or more of the third share drawn by
one of these Member States has been used up, that              Provisions concerning the new Member States
Member State shall, in accordance with paragraph 1 ,
draw a fourth quota equal to the third.
                                                                                     Article 10
The same method shall be applied in the same way
until the reserve is exhausted .                              1 . If requirements arise in the new Member States
                                                              for the cattle referred to in Article 1 ( 1 ) and falling
4. By way of derogation from paragraphs 1 , 2 and             within subheading ex 01.02 A II b) 2 of the tariffs of
3, each of these Member States may draw quota shares          the new Member States, the latter shall draw an
lower than those fixed in these paragraphs if there are       adequate quota share from the reserve, in so far as this
reasons to consider that such quota shares might not          reserve permits.
 ---pagebreak--- No L 200/4                        Official Journal of the European Communities                               20 . 7. 73
2.    Within the framework of the quota shares thus          on the basis of imports from third countries submitted
drawn from the reserve, the new Member States shall          for customs clearance under cover of declarations that
apply a quota duty corresponding to the provisions           they have been made available for consumption.
laid down for that purpose in the Act concerning
the Conditions of Accession and the Adjustments to                                    Article 12
the Treaties.
                                                             Member States      shall  inform    the  Commission      at
                                                             regular intervals of imports from third countries actu­
     Provisions concerning all Member States                 ally charged against their quota shares.
                                                                                      Article 13
                       Article 11
                                                             The Member States and the Commission shall coop­
1 . With regard to their quota shares, Member States
                                                             erate closely to ensure that the provisions of this Regu­
shall lay down the conditions for access to the tariff       lation are observed.
quota in question and shall manage their quota shares
in accordance with their own administrative provi­                                    Article 14
sions. They shall ensure free access to the quota shares
allocated to them for importers established in their         This Regulation shall enter into force on the day of its
territory.                                                   publication in the Official Journal of the European
                                                              Communities.
2. The extent to which the quota shares of the
Member States have been used up shall be recorded             It shall apply from 1 July 1973 onwards.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 16 July 1973 .
                                                                          For the Council
                                                                           The President
                                                                         lb FREDERIKSEN