CELEX: 31977R1332
Language: en
Date: 1977-06-20 00:00:00
Title: Council Regulation (EEC) No 1332/77 of 20 June 1977 on the opening, allocation and administration of the Community tariff quota of 5 000 head of bulls, cows and heifers other than those intended for slaughter, of certain Alpine breeds falling within subheading ex 01.02 A II b) of the Common Customs Tariff

No L 154/ 6                             Official Journal of the European Communities                             23 . 6 . 77
                                      COUNCIL REGULATION (EEC) No 1332/77
                                                        of 20 June 1977
             on the opening , allocation and administration of the Community tariff quota of
             5 000 head of bulls, cows and heifers other than those intended for slaughter, of
             certain Alpine breeds falling within subheading ex 01.02 A II b) of the Common
                                                        Customs Tariff
THE COUNCIL OF THE EUROPEAN                                       among the Member States ; whereas possibilities for
COMMUNITIES,                                                      the use of such mountain breeds are , however, limited
                                                                  by special factors, both geographical and zootech­
                                                                   nical ; whereas the Benelux countries and Denmark
Having regard to the Treaty establishing the European              do not have regions suitable for breeding this kind of
Economic Community, and in particular Articles 43                  cattle ; whereas, however, in view of such special
and 113 thereof,
                                                                   factors, the Community nature of the tariff quota in
                                                                   question should be preserved by making provision for
Having regard to the proposal from the Commission,                 requirements which may arise in this Member State ;
                                                                   whereas to this end, this Member State may proceed
                                                                   to draw adequate shares from the Community reserve
Having regard to the opinion of the European Parlia­               which has been set up ; whereas, in order to reflect as
ment ('),                                                          closely as possible the actual trend of the market in
                                                                   question, the initial allocation must be made in
                                                                   proportion to the requirements of each of the Member
Whereas the European Economic Community under­                     States concerned, calculated in accordance with statis­
took within the framework of the GATT to open an
annual Community tariff quota of 5 000 head at a                   tical data concerning imports from third countries
duty of 4 % for bulls, cows and heifers, other than                during a representative reference period and with
those intended for slaughter, of certain Alpine breeds             economic 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               Whereas, since the animals in question belong to
quota is subject to submission of the following docu­              certain specific breeds which are not specified as such
ments :                                                            in the statistical nomenclatures of the Member States,
— bulls :                   pedigree certificate ;                 no data on imports provided by the Member States
                                                                   could be considered to be sufficiently accurate and
— female animals :          predigree certificate or certifi­
                                                                   representative to be used as a basis for the allocation
                            cate of registration in the
                                                                   in question ; whereas the extent to which Community
                            herdbook, certifying purity of
                            breed ;
                                                                   tariff quotas for those animals, in the Community as
                                                                   originally constituted, have been exhausted, and the
                                                                   estimates made by certain Member States, enable the
Whereas, under Article 60 of the Act of Accession (2),              requirements of each of them as regards imports from
the new Member States are obliged to apply the Regu­
                                                                    third countries for the quota period envisaged to be
lations of the common agricultural policy from 1                    assessed as follows :
 February 1973 onwards ; whereas any requirements
which may arise in these Member States during the
quota period under consideration should, therefore, be                   Germany :                          250 head,
taken into account in the Community tariff quota in                      France :                           120 head,
question ; whereas the abovementioned tariff quota for                   Italy :                          4 630 head ;
 the period 1 July 1977 to 30 June 1978 should, there­
 fore, be opened at a duty of 4 % ;
                                                                    whereas the needs of the United Kingdom and of
                                                                    Ireland may, in the absence of precise information, be
Whereas it is in particular necessary to ensure equal               assesed at 75 and 25 head respectively ;
and continuous access for all Community importers to
 the abovementioned quota, and the uninterrupted
 application of the quota duties to all imports of the              Whereas, in order to take into account the possible
 animals in question until the quota is exhausted ;                 trend of imports of the aforementioned animals into
 whereas, having regard to the principles defined                   the said Member States, the quota amount of 5 000
 above, the Community nature of the quota can be                    head should be divided into two parts, the first part
 respected by allocating the Community tariff quota                 being allocated among certain Member States, the
                                                                    second forming a reserve intended subsequently to
(') OJ No C 118 , 16 . 5 . 1977 , p . 71 .                          cover the requirements of these Member States when
(2 ) OJ No L 73 , 27 .    1972 , p . 14 .                           their initial shares are exhausted and requirements
 ---pagebreak--- 23 . 6. 77                        Official Journal of the European Communities                                     No L 154/7
which may arise within other Member States ; whereas        2.       Eligibility for this tariff quota shall be subject to
in order to ensure a certain degree of security for         the submission :
importers in the aforementioned Member States, the
first part of the Community quota should be deter­                in the case
mined at a comparatively high level which under the               of bulls :                   of a pedigree certificate,
present circumstances may be about 70 % of the                    in the case
quota amount ;                                                    of female animals            of a pedigree certificate or
                                                                                               certificate of registration in
Whereas , the initial shares of those Member States                                            the      herdbook,    certifying
may be used up more or less rapidly ; whereas, in                                              purity of breed.
order to take this fact into account and avoid any
break in continuity, it is important that that Member       3 . The said quota shall be administered in accor­
State having used up almost the whole of its initial        dance with the following Articles.
share   should  draw   an  additional  share  from  the
                                                            4. For the purpose of applying this Regulation, the
reserve ; whereas this must be done by each of these        levy fixed in accordance with Article 12 of Regulation
Member States as and when each of its additional
                                                            (EEC) No 805/68 ( ! ) shall, as regards imports effected
shares is almost entirely used up, and repeated as          under the conditions laid down in Article 2 (4) of
many times as the reserve allows ; whereas the initial      Regulation (EEC) No 193/75 (2), be applied to any
and additional shares must be available until the end
                                                            quantities exceeding those indicated in the import
of the quota period ; whereas such method of adminis­       licence .
tration calls for close cooperation between Member
States and the Commission, which must, in particular,
be able to observe the extent to which the quota                                              Article 2
amounts are used and inform Member States thereof ;
                                                            Within the framework of the quota referred to in
                                                            Article 1 ( 1 ), the Common Customs Tariff duty for the
Whereas, if, at a specified date within the quota           animals referred to in the said paragraph shall be
period, a considerable balance of the initial share of      suspended at 4 % .
one or other of the Member States is left over, it is
essential that that State should return a considerable
                                                                                              Article 3
part of such balance to the reserve in order that part
of the Community quota should not remain unused              1 . A first part of 3 500 head shall be allocated
in one Member State while it could be used in others ;      among the Member States listed below. The shares
                                                            shall apply from 1 July 1977 to 30 June 1978, subject
                                                            to Article 7, and shall be as follows :
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of                   Germany :                                   150  head,
Luxembourg are united in and represented by the                     France :                                    100  head,
Benelux Economic Union , any measure concerning                     Ireland :                                     25 head,
the administration of the shares allocated to that                  Italy :                                   3 150  head,
economic union may be carried out by any one of its                 United Kingdom :                              75 head .
members,
                                                            2. The second part of 1 500 head shall be held as a
                                                            Community reserve.
                                                            3 . Imports of the animals concerned shall be
                                                            subject to the provisions adopted under Regulation
HAS ADOPTED THIS 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.
                        Article 1
                                                                                              Article 4
1 . During the period 1 July 1977 to 30 June 1978 ,         If requirements arise in countries of the Benelux
                                                            Economic Union or in Denmark for cattle referred to
a Community tariff quota of 5 000 head shall be
opened within the European Economic Community               in Article 1 ( 1 ), these Member States shall draw an
in respect of the imports from third countries of bulls,    adequate share from the reserve, in so far as the
cows and heifers, other than those intended for             reserve permits.
slaughter, of the following mountain breeds : the
                                                            (')  OJ   No    L 148 , 28 . 6 . 1968 , p. 24.
mottled Simmental breed and the Schwyz and                  (2 ) OJ   No    L 25, 31 . 1 . 1975, p. 10 .
Fribourg breeds, falling within subheading ex 01.02 A       (} ) OJ   No    L 106, 12 . 5. 1971 , p . 1 .
II b) of the Common Customs Tariff.                         (4)  OJ   No    L 67 , 15 . 3 . 1976 , p . I.
                                                                                            /
 ---pagebreak--- No L 154/8                          Official Journal of the European Communities                              23 . 6 . 77
                         Article 5                                                     Article 8
1.     If 90 % or more of the initial share of one of the     The Commission shall keep accounts of the amounts
Member States referred to in Article 3 , or of that share     of the shares opened by Member States in accordance
less the amount returned to the reserve , where Article       with Articles 3 , 4 and 5 and shall inform each of them
7 has been applied, has been used up, that Member             of the extent to which the reserve has been exhausted
State shall immediately, by notifying the Commission ,        as soon as it receives the notification .
draw a second share, in so far as the reserve permits,
equal to 15% of its initial share, rounded off                The Commission shall , not later than 1 April 1978 ,
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               The Member States shall take all measures necessary
these Member States has been used up, that Member             to   ensure  that when     additional  shares  are   drawn
State shall, in accordance with paragraph 1 , draw a          pursuant to Article 4 or 5 it is possible for imports to
fourth share equal to the third .                             be 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 the access to the tariff quota in question
reasons to consider that such shares might not be             is restricted to cattle as specified in Article 1 ( 1 ) and
exhausted . They shall inform the Commission of the           (2).
grounds which led them to apply this paragraph .
                                                               2.    They shall ensure free access to the shares allo­
                          Article 6                           cated to them for importers established in their terri­
                                                              tory .
 Additional shares drawn in pursuance of Article 5
 shall apply until 30 June 1978 .                              3.    The extent to which a Member State has used up
                                                               its share shall be determined on the basis of the
                                                               imports of the product in question entered with the
                          Article 7                            customs authorities for home use .
 Member States shall return to the reserve , not later
                                                                                      A rticle 1 1
 :han 25 March 1978 , the unused portion of their
  nitial share in excess, on 5 March 1978 , of 20 % of
 :he initial amount. They may return a larger quantity         On request by the Commission , Member States shall
  f there are reasons to consider that such quantity may       inform it of imports actually charged against their
 lot be used .                                                 shares .
 However, amounts for which import certificates have
 :>een issued but not used shall not be returned to the                               Article 12
 "eserve .
                                                               Member States and the Commission shall cooperate
 rhe Member States shall , not later than 25 March             closely to ensure that the provisions of this Regulation
 1978 , notify the Commission of the total imports of          are observed .
 :he animals in question effected up to 5 March 1978
 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 1977.
 ---pagebreak--- 23 . 6 . 77                    Official Journal of the European Communities                        No L 154/9
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Luxembourg, 20 June 1977.
                                                                     For the Council
                                                                       The President
                                                                         J. SILKIN