CELEX: 31976R1485
Language: en
Date: 1976-06-21 00:00:00
Title: Council Regulation (EEC) No 1485/76 of 21 June 1976 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

26. 6 . 76                            Official Journal of the European Communities                          No L 167/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                                     COUNCIL REGULATION (EEC) No 1485/76
                                                       of 21 June 1976
               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                                       4 % for, the Community as originally constituted and
COMMUNITIES,                                                      at a duty corresponding to the provisions of the above­
                                                                  mentioned Act for the new Member States ;
 Having regard to the Treaty establishing the European            Whereas it is in particular necessary to ensure equal
 Economic Community, and in particular Articles 43                and continuous access for all Community importers to
and 1 1 3 thereof,                                                the abovementioned quota, and the uninterrupted
                                                                  application of the quota duties, to all imports of the
 Having regard to the proposal from the Commission,               animals in question until the quota is exhausted ;
                                                                  whereas, having regard to the principles defined
                                                                  above, the Community nature of the quota can be
 Having regard to the opinion of the European Parlia­             respected by allocating the Community tariff quota
ment ('),                                                         among the Member States ; whereas possibilities for
                                                                  the use of such mountain breeds are, however, limited
Whereas the European Economic Community under­                    by special factors, both geographical and zootech­
took within the framework of the GATT to open an                  nical ; whereas the Benelux countries and Denmark
annual Community tariff quota of 20 000 head at a                 do not have regions suitable for breeding this kind of
duty of 6 % for heifers and cows other than those                 cattle ; whereas, however, in view of such special
intended for slaughter, of certain mountain breeds                factors, the Community nature of the tariff quota in
falling within subheading ex 01.02 A II b) 2 of the               question should be preserved by making provision for
Common Customs Tariff ; whereas eligibility for such              requirements which may arise in these Member
quota is subject to conditions to be determined by the            States ; whereas, to this end, these Member States may
competent authorities of the Member State of destina­             proceed to draw adequate shares from the Community
tion ; whereas, in an exchange of letters with Austria            reserve which has been set up ; whereas, in order to
dated 21 July 1972, the Community has undertaken                  reflect as closely as possible the actual trend of the
unilaterally to increase the size of the tariff quota from        market in question, the initial allocation must be
20 000 to 30 000 head and to lower the quota duty                 made in proportion to the requirements of each of the
from 6 % to 4 % ;                                                 Member States concerned, calculated in accordance
                                                                  with statistical data concerning imports from third
                                                                  countries during a representative reference period and
Whereas, under Article 60 of the Act concerning the               with economic prospects for the quota period in ques­
conditions of accession and the adjustments to the                tion ;
Treaties (2), the new Member States are obliged to
apply the Regulations of the common agricultural                  Whereas, since the animals in question belong to
policy from 1 February 1973 onwards ; whereas, there­             certain specific breeds which are not specified as such
fore, any requirements which may arise in these                   in the statistical nomenclatures of the Member States,
Member States during the quota period under consid­               no data on imports provided by the Member States
eration should be taken into account in the Commu­                could be considered to be sufficiently accurate and
nity tariff quota in question ; whereas the abovemen­             representative to be used as a basis for the allocation
tioned tariff quota for the period 1 July 1976 to 30              in question ; whereas the extent to which Community
June 1977 should therefore be opened at a duty of                 tariff quotas for those animals in the Community as
                                                                  originally constituted have been exhausted, and the
(') OJ No C 125, 8 . 6. 1976, p. 47.                              estimates made by certain Member States enable the
(2) OJ No L 73 , 27. 3 . 1972, p . 14.                            requirements of each of them as regards imports from
 ---pagebreak--- No L 167/2                        Official Journal of the European Communities                             26 . 6 . 76
third countries for the quota period envisaged to be        HAS ADOPTED THIS REGULATION :
assessed as follows :
        Benelux                                                                      Article 1
                                     1 500 head,
        Germany                     10 000 head,
        France                       3 900 head,             1.    During the period 1 July 1976 to 30 June 1977,
                                                            a Community tariff quota of 30 000 head shall be
        Italy                        6 100 head
                                                            opened within the European Economic Community
                                                            in respect of the imports from third countries of cows
Whereas, in the absence of precise information , the        and heifers, other than those intended for slaughter, of
needs of the United Kingdom and Ireland may be              the following mountain breeds : grey, brown, yellow
assessed at 300 and 200 head ;                              and mottled Simmental breed and mottled Pinzgau
                                                            breed, falling within subheading ex 01.02 A II b) 2 of
                                                            the Common Customs Tariff.
Whereas, in order to take into account the possible
trend of imports of the aforementioned animals into         2.     For the purposes of this Regulation , the above­
the said Member States, the quota amount of 30 000          mentioned cows and heifers shall be considered not
head should be divided into two parts, the first being      intended for slaughter if they are not slaughtered
allocated among certain Member States, the second           within four months following the date of their impor­
forming a reserve intended subsequently to cover the        tation .
requirements of those Member States when their
initial shares are exhausted and requirements which          Derogations may, however, be granted in the event of
may arise within other Member States ; whereas in           an act of God (disease, accident) duly attested by a
order to ensure a certain degree of security for impor­     local authority certificate setting out the reasons for
ters in the aforementioned Member States, the first         the slaughter.
part of the Community quota should be determined at
a comparatively high level which under the present          3 . The said quota shall be administered in accor­
circumstances may be approximately 60 % of the              dance with the following Articles .
quota amount ;
                                                                                     Article 2
Whereas the initial shares of those Member States
may be used up more or less rapidly ; whereas, in            1 . Within the framework of the quota referred to in
order to take this fact into account and avoid any          Article 1 ( 1 ), the Common Customs Tariff duty for the
break in continuity, it is important that that Member       animals referred to in the said paragraph shall be
State, having used up almost the whole of its initial       suspended at 4 % .
share, should draw an additional share from the
reserve ; whereas this must be done by each of these        2. Within the said tariff quota, the new Member
Member States as and when each of its additional            States shall apply duties calculated in accordance with
shares is almost entirely used up, and repeated as          the relevant provisions of the Act of Accession .
many times as the reserve allows ; whereas the initial
and additional shares must be available until the end                                Article 3
of the quota period ; whereas such method of adminis­
tration calls for close cooperation between Member           1.    A first part of 19 000 head shall be allocated
States and the Commission , which must, in particular,      among the Member States listed below. The shares
be able to observe the extent to which the quota            shall apply from 1 July 1976 to 30 June 1977, subject
amounts are used and inform Member States thereof ;         to Article 7, and shall be as follows :
                                                                     Benelux                      1 000 head,
Whereas if, at a specified date within the quota period              Germany                      8 800 head,
a considerable balance of the initial share of one or                France                       3 400 head,
other of the Member States is left over, it is essential             Ireland                        200 head,
that that State should return a considerable part of                 Italy                        5 300 head,
such balance to the reserve in order that part of the                United Kingdom                 300 head .
Community tariff quota should not remain unused in
one Member State while it could be used in others ;          2. The second part of 1 1 000 head shall be held as
                                                            a Community reserve.
Whereas since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of                                    Article 4
Luxembourg are united in and represented by the
Benelux Economic Union, any measure concerning               If requirements arise in Denmark for cattle referred to
the administration of the shares allocated to that           in Article 1 ( 1 ), this Member State shall draw an
economic union may be carried out by one of its             adequate share from the reserve, in so far as the
members ,                                                    reserve permits .
 ---pagebreak--- 26. 6. 76                          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 accounts 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 May 1977,
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 Junp 1977.                              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 .
If, by 5 April 1977, a Member State has not exhausted                                  Article 11
its initial share as fixed in Article 3 or as resulting
from the application of Article 4, it shall , not later
                                                             Member     States   shall   inform   the Commission       at
than 25 April 1977, return to the reserve the unused
proportion of this share in excess of 20 % of the            regular intervals of imports actually charged against
initial amount.                                              their shares .
However, amounts for which import certificates have
been issued but not used shall not be returned to the                                 Article 12
reserve .
                                                             Member States and the Commission shall cooperate
The Member States shall, not later than 25 April 1977,       closely to ensure that the provisions of this Regulation
notify the Commission of the total imports of the            are observed .
animals in question effected up to 5 April 1977 inclu­
sive and charged against the tariff quota, the amounts
referred to in the second subparagraph and, where                                      Article 13
appropriate, the proportion of their initial share that
they return to the reserve .                                 This Regulation shall enter into force on 1 July 1976.
 ---pagebreak--- No L 167/4                    Official Journal of the European Communities                        26. 6. 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 21 June 1976.
                                                                    For the Council
                                                                      The President
                                                                      J. HAMILIUS