CELEX: 51985PC0021(02)
Language: en
Date: 1985-02-04
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE OPENING, ALLOCATION AND ADMINISTRATION OF THE COMMUNITY TARIFF QUOTA OF 5 000 HEAD OF BULLS, COWS AND HEIFERS, OTHER THAN THESE INTENDED FOR SLAUGHTER, OF CERTAIN ALPINE BREEDS FALLING WITHIN SUBHEADING EX 01.02 A II OF THE COMMON CUSTOMS TARIFF

No C 48/10                            Official Journal of the European Communities                              20.2.85
               Proposal for a Council Regulation opening, allocating and providing for the
               administration of a Community tariff quota for 5 00D head of bulls, cows and heifers,
               other than those intended for slaughter, of certain Alpine breeds, falling within
                                subheading ex 01.02 A II of the Common Customs Tariff
                                                    COM(85) 21 final
                            (Submitted by the Commission to the Council on 5 February 1985)
                                                       (85/C 48/07)
THE COUNCIL OF THE EUROPEAN                                      application of the quota duties to all imports of the
COMMUNITIES,                                                     animals in question until the quota is exhausted;
                                                                 whereas, having regard to the principles defined
Having regard to the Treaty establishing the                     above, the Community nature of the quota can be
European Economic Community, and in particular                   respected by allocating the Community tariff quota
Articles 43 and 113 thereof,                                     among the Member States; whereas possibilities for
                                                                 the use of such mountain breeds are, however, limited
                                                                 by     special    factors,  both    geographical    and
Having regard to the proposal from the Commission,
                                                                 zootechnical; whereas the Benelux countries and
                                                                 Denmark do not have regions suitable for breeding
Having regard to the opinion of the European                     this kind of cattle; whereas, however, in view of such
Parliament,                                                      special factors, the Community nature of the tariff
                                                                 quota in question should be preserved by making
Whereas the European Economic Community                          provision for requirements which may arise in these
undertook, within the framework of GA'JLT, to open               Member States; whereas, to this end, these Member
an annual Community tariff quota of 5 000 head at a              States may proceed to draw adequate shares from the
duty of 4 % for bulls, cows and heifers, other than              Community reserve which has been set up; whereas,
those intended for slaughter, of certain Alpine breeds,          in order to reflect as closely as possible the actual
falling within subheading ex 01.02 A II of the                   trend of the market in question, the initial allocation
Common Customs Tariff; whereas eligibility for such              must be made in proportion to the requirements of
quota is subject to submission of the following                  each of the Member States concerned, calculated in
documents:                                                       accordance with statistical data concerning imports
                                                                 from third countries during a representative reference
— bulls: a pedigree certificate,                                 period and with economic prospects for the quota
                                                                 period in question;
— female animals: a pedigree certificate of
     registration in the herdbook, certifying purity of
     breed;
                                                                 Whereas, since the animals in question belong to
                                                                 certain specific breeds which are not specified as such
Whereas the abovementioned tariff quota for the                  in the statistical nomenclatures of the Member States,
period 1 July 1985 to 30 June 1986 should, therefore,            no data on imports provided by the Member States
be opened at a duty of 4 % ; whereas a check should              could be considered to be sufficiently accurate and
be carried out to ascertain that the imported animals            representative to be used as a basis for the allocation
have not been slaughtered within a certain period in             in question; whereas the extent to which Community
accordance with Article 1 (3);                                   tariff quotas for those animals in the Community
                                                                 have been exhausted and the estimates made by
Whereas, under Articles 2 and 64 (2) (b) of the 1979             certain Member States enable the requirements of
Act of Accession, Greece is obliged to apply the                 each of them as regards imports from third countries
Regulations of the common agricultural policy since              for the quota period envisaged to be assessed as
1 January 1981, and to apply in its entirety, from that          follows:
date, the duty in the Common Customs Tariff to the
animals in question; whereas it is therefore necessary
to meet import requirements from third countries                          Germany                      1 000 head
which might arise in that Member State; whereas                           France                         120 head
within the framework of this tariff quota the duty to                     Italy                        4 630 head
be applied by Greece is also 4 % ;
Whereas, it is in particular necessary to ensure equal           whereas the needs of the United Kingdom and of
and continuous access for all Community importers                Ireland may, in the absence of precise information, be
to the abovementioned quota, and the uninterrupted               assessed at 75 and 25 head respectively;
 ---pagebreak--- 20.2. 85                           Official Journal of the European Communities                               No C 48/11
Whereas, in order to take into account the possible           cows and heifers, other than those intended for
trend of imports of the aforementioned animals into           slaughter, of the following mountain breeds: the
the said Member States, the quota amount of 5 000             mottled Simmental breed and the Schwyz and
head should be divided into two parts, the first part         Fribourg breeds, falling within subheading ex 01.02 A
being allocated among certain Member States, the              II of the Common Customs Tariff.
second forming a reserve intended subsequently to
cover the requirements of those Member States when            2.     Eligibility for this tariff quota shall be subject to
their initial shares are exhausted and requirements           the submission of:
which may arise within other Member States;
whereas, in order to ensure a certain degree of               — in the case of bulls: a pedigree certificate,
security for importers in the aforementioned Member
States, the first part of the Community quota should          — in the case of female animals: a pedigree certi-
be determined at a comparatively high level which                  ficate or certificate of registration in the
under the present circumstances may be about 84 %                 herdbook, certifying purity of breed.
of the quota amount;
                                                              3.     For the purposes of this Regulation, the
                                                              abovementioned cows and heifers shall be considered
Whereas, the initial shares of those Member States            not intended for slaughter if they are not slaughtered
may be used up more or less rapidly; whereas, in              within four months following the date of their impor-
order to take this fact into account and avoid any            tation.
break in continuity, it is important that that Member
State having used up almost the whole of its initial          Derogations may, however, be granted in the event of
share should draw an additional share from the                an act of God (disease, accident) duly attested by a
reserve; whereas this must be done by each of these           local authority certificate setting out the reasons for
Member States as and when each of its additional              the slaughter.
shares is almost entirely used up, and repeated as
many times as the reserve allows; whereas the initial
                                                              4.     The said quota shall be administered               in
and additional shares must be available until the end
                                                              accordance with the following Articles.
of the quota period, whereas such method of
administation calls for close cooperation between
Member States and the Commission, which latter                                           Article 2
must, in particular, be able to observe the extent to
which the quota amounts are used and inform                   Within the framework of the quota referred to in
Member States thereof;                                        Article 1 (1), the Common Customs Tariff duty for
                                                              the animals referred to in the said paragraph shall be
                                                              suspended at 4 %.
Whereas if, at a specified date within the quota
period, a considerable balance of the initial share of                                   Article 3
one or other of the Member States is left over, it is
essential that that State should return a considerable        1.     A first part of 4 200 head shall be allocated
part of such balance to the reserve in order that part        among the Member States listed below. The shares
of the Community quota should not remain unused in            shall apply from 1 July 1985 to 30 June 1986 subject
one Member State while it could be used in others;            to Article 7, and shall be as follows:
                                                                       Germany                           850  head
Whereas, since the Kingdom of Belgium, the                             France                            100  head
Kingdom of the Netherlands and the Grand Duchy                         Ireland                            25  head
of Luxembourg are united within and jointly                            Italy                           3 150  head
represented by the Benelux Economic Union, any                         United Kingdom                     75  head
measure concerning the administration of the shares
                                                              2.     The second part of 800 head shall be held as a
allocated to that economic union may be carried out
                                                              Community reserve.
by any one of its members,
                                                                                         Article 4
HAS ADOPTED THIS REGULATION:
                                                              If an importer notifies an imminent importation of the
                                                              animals in question in countries of the Benelux
                         Article 1                            Economic Union, in Denmark or in Greece and
                                                              requests the benefit of the quota, the Member State
1.    During the period 1 July 1985 to 30 June 1986,          concerned shall inform the Commission and draw an
a Community tariff quota of 5 000 head shall be               amount corresponding to these requirements to the
opened within the European Economic Community in              extent that the available balance of the reserve permits
respect of the imports from third countries of bulls,         this.
 ---pagebreak--- No C 48/12                         Official Journal of the European Communities                                20. 2. 85
                         Article 5                            The Member States shall, not later than 1 March
                                                              1986, notify the Commission of the total imports of
1.     If 90 % or more of the initial share of one of         the animals in question effected up to 15 February
the Member States referred to in Article 3, or of that        1986 inclusive, and charged against the tariff quota,
share less the amount returned to the reserve, where          the amounts referred to in the second subparagraph
Article 7 has been applied, has been used up, that            and, where appropriate the proportion of their initial
Member State shall immediately, by notifying the              share that they return to the reserve.
Commission, draw a second share, in so far as the
reserve permits, equal to 10 % of its initial share,
rounded off upwards, if necessary, to the next unit.
                                                                                       Article 8
2.     If after the initial share has been exhausted,         The Commission shall keep accounts of the amounts
90 % or more of the second share drawn by one of              of the shares opened by Member States in accordance
these Member States has been used up, that Member             with Articles 3, 4 and 5 and shall inform each of them
State shall, in accordance with paragraph 1,                  of the extent to which the reserve has been exhausted
immediately draw a third share equal to 5 % of its            as soon as it receives the notification.
initial share, rounded off upwards, if necessary, to the
next unit.
                                                              The Commission shall, not later than 5 March 1986,
                                                              notify Member States of the amount in the reserve
3.     If, after the second share has been exhausted,         after the return of shares pursuant to Article 7.
90 % or more of the third share drawn by one of
these Member States has been used up, that Member
State shall, in accordance with paragraph 1, draw a
fourth share equal to the third.                              The Commission shall ensure that any drawing which
                                                              exhausts the reserve is limited to the balance available
                                                              and, to this end, shall specify the amount thereof to
The same method shall be applied until the reserve is         the Member State making the last drawing.
exhausted.
4.     By way of derogation from paragraphs 1, 2 and                                   Article 9
3, each of these Member States may draw shares                The Member States shall take all measures necessary
lower than those fixed in these paragraphs if there are
                                                              to ensure that when additional shares are drawn
reasons to consider that such shares might not be
                                                              pursuant to Article 4 or 5 it is possible for imports to
exhausted. They shall inform the Commission of the
                                                              be counted without interruption against their accu-
grounds which led them to apply this paragraph.
                                                              mulated shares of the Community quota.
                         Article 6
                                                                                      Article 10
Additional shares drawn in pursuance of Article 5
shall apply until 30 June 1986.                                1.    Member States shall take all measures necessary
                                                              to ensure that the access to the tariff quota in
                                                              question is restricted to cattle as specified in Article 1
                                                               (1) and (2).
                         Article 7
 Member States shall return to the reserve, not later
than 1 March 1986, the unused portion of their initial
                                                              2.    They shall ensure free access to the shares
share in excess, on 15 February 1986, of 5 % of the
                                                              allocated to them for importers.
initial amount. They may return a larger quantity if
there are reasons to consider that such quantity may
not be used.
                                                               3.   The extent to which the shares of the Member
                                                              States have been used up shall be recorded on the
However, amounts for which import certificates have           basis of imports submitted for customs clearance
been issued but not used shall not be returned to the         under cover of declarations that they have been made
reserve.                                                      available for free circulation.
 ---pagebreak--- 20.2.85                           Official Journal of the European Communities                          No C 48/13
4.    Where import documents are used for the                                        Article 12
administration of the quota, they shall be sent to the
issuing body as soon as possible and at all events on        Member States and the Commission shall cooperate
their expiry.                                                closely to ensure that the provisions of this Regu-
                                                             lation are observed.
                      Article 11                                                     Article 13
On request by the Commission, Member States shall            This Regulation shall enter into force on 1 July 1985.
inform it of imports actually charged against their          This Regulation shall be binding in its entirety and
shares.                                                      directly applicable in all Member States.