CELEX: 51984PC0115(02)
Language: en
Date: 1984-03-09
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR 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 OF THE COMMON CUSTOMS TARIFF

23. 3. 84                            Official Journal of the European Communities                            N o C 82/9
               Proposal for a Council Regulation opening, allocating and providing for the
               administration of a Community tariff quota for 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 of the Common Customs Tariff
                                                   COM(84) 115 final
                            (Submitted by the Commission to the Council on 13 March 1984)
                                                      (84/C 82/08)
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
                                                                above, the Community nature of the quota can be
Having regard to the Treaty establishing the
                                                                respected by allocating the Community tariff quota
European Economic Community, and in particular
                                                                among the Member States; whereas possibilities for
Articles 43 and 113 thereof,
                                                                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 Denmark does not have
                                                                regions suitable for breeding this kind of cattle;
                                                                whereas, however, in view of such special factors, the
Having regard to the opinion of the European Par-               Community nature of the tariff quota in question
liament,                                                        should be preserved by making provision for
                                                                requirements which may arise in this Member State;
                                                                whereas, to this end, this Member State may proceed
Whereas the European Economic Community
                                                                to draw adequate shares from the Community reserve
undertook, within the framework of GATT, to open
                                                                which has been set up; whereas, in order to reflect as
an annual Community tariff quota of 5 000 head at a
                                                                closely as possible the actual trend of the market in
duty of 4 % for bulls, cows and heifers, other than
                                                                question, the initial allocation must be made in pro-
those intended for slaughter, of certain Alpine breeds,
                                                                portion to the requirements of each of the Member
falling within subheading ex 01.02 A II of the
                                                                States concerned, calculated in accordance with stat-
Common Customs Tariff; whereas eligibility for such
                                                                istical data concerning imports from third countries
quota is subject to submission of the following
                                                                during a representative reference period and with
documents:
                                                                economic prospects for the quota period in question;
— bulls: a pedigree certificate,
                                                                Whereas, since the animals in question belong to
                                                                certain specific breeds which are not specified as such
— female animals: a pedigree certificate of                     in the statistical nomenclatures of the Member States,
     registration in the herdbook, certifying purity of         no data on imports provided by the Member States
     breed;                                                     could be be considered to be sufficiently accurate and
                                                                representative to be used as a basis for the allocation
                                                                in question; whereas the extent to which Community
Whereas the abovementioned tariff quota for the
                                                                tariff quotas for those animals in the Community
period 1 July 1984 to 30 June 1985 should, therefore,
                                                                have been exhausted and the estimates made by
be opened at a duty of 4 % ;
                                                                certain Member States enable the requirements of
                                                                each of them as regards imports from third countries
Whereas, under Articles 2 and 64 (2) (b) of the 1979            for the quota period envisaged to be assessed as
Act of Accession, Greece is obliged to apply the                follows:
Regulations of the common agricultural policy from
 1 January 1981, and to apply in its entirety, from that                 Germany                      1 000 head
date, the duty in the Common Customs Tariff to the                       France                         120 head
animals in question; whereas it is therefore necessary                   Italy                        4 630 head
to meet import requirements from third countries                whereas the needs of the United Kingdom and of
which might arise in that Member State; whereas                  Ireland may, in the absence of precise information, be
within the framework of this tariff quota the duty to            assessed at 75 and 25 head respectively;
be applied by Greece is also 4 % ;
                                                                Whereas, in order to take into account the possible
Whereas, it is in particular necessary to ensure equal           trend of imports of the aforementioned animals into
 and continuous access for all Community importers               the said Member States, the quota amount of 5 000
to the abovementioned quota, and the uninterrupted               head should be divided into two parts, the first part
 ---pagebreak--- N o C 82/10                           Official Journal of the European Communities                               23.3.84
being allocated among certain Member States, the                 — in the case of bulls: a pedigree certificate,
second forming a reserve intended subsequently to
cover the requirements of those Member States when               — in the case of female animals: a pedigree cer-
their initial shares are exhausted and requirements                  tificate or certificate of registration in the
which may arise within other Member States;                          herdbook, certifying purity of breed.
whereas, in order to ensure a certain degree of
security for importers in the aforementioned Member              3.     For the purposes of this Regulation, the
States, the first part of the Community quota should             abovementioned cows and heifers shall be considered
be determined at a comparatively high level which                not intended for slaughter if they are not slaughtered
under the present circumstances may be about 84 %                within four months following the date of their import-
of the quota amount;                                             ation.
                                                                 Derogations may, however, be granted in the event of
Whereas the initial shares of those Member States                an act of God (disease, accident) duly attested by a
may be used up more or less rapidly; whereas, in                 local authority certificate setting out the reasons for
order to take this fact into account and avoid any               the slaughter.
break in continuity, it is important that that Member
State having used up almost the whole of its initial             4.    The said quota shall be administered            in
share should draw an additional share from the                   accordance with the following Articles.
reserve; whereas this must be done by each of these
Member States as and when each of its additional                                          Article 2
shares is almost entirely used up, and repeated as
many times as the reserve allows; whereas the initial            Within the framework of the quota referred to in
and additional shares must be available until the end            Article 1 (1), the Common Customs Tariff duty for
of the quota period; whereas such method of                      the animals referred to in the said paragraph shall be
administration calls for close cooperation between               suspended at 4 %.
Member States and the Commission, which latter
must, in particular, be able to observe the extent to                                     Article 3
which the quota amounts are used and inform
Member States thereof;                                           1.    A first part of 4 200 head shall be allocated
                                                                 among the Member States listed below. The shares
Whereas if, at a specified date within the quota                 shall apply from 1 July 1984 to 30 June 1985 subject
period, a considerable balance of the initial share of           to Article 7, and shall be as follows:
one or other of the Member States is left over, it is                     Germany                         850 head
essential that that State should return a considerable                    France                          100 head
part of such balance to the reserve in order that part                    Ireland                          25 head
of the Community quota should not remain unused in                        Italy                         3 150 head
one Member State while it could be used in others;                        United Kingdom                   75 head
Whereas, since the Kingdom of Belgium, the                       2.    The second part of 800 head shall be held as a
Kingdom of the Netherlands and the Grand Duchy                   Community reserve.
of Luxembourg are united within and jointly
represented by the Benelux Economic Union, any
                                                                                          Article 4
measure concerning the administration of the shares
allocated to that economic union may be carried out              If an importer notifies an imminent importation of the
by any one of its members,                                       animals in question in countries of the Benelux
                                                                 Economic Union, in Denmark or in Greece and
HAS ADOPTED THIS REGULATION:                                     requests the benefit of the quota, the Member State
                                                                 concerned shall inform the Commission and draw an
                          Article 1                              amount corresponding to these requirements to the
                                                                 extent that the available balance of the reserve permits
1.    During the period 1 July 1984 to 30 June 1985,             this.
a Community tariff quota of 5 000 head shall be
opened within the European Economic Community in                                          Article 5
respect of the imports from third countries of bulls,
cows and heifers, other than those intended for                   1.    If 90 % or more of the initial share of one of
slaughter, of the following mountain breeds: the                 the Member States referred to in Article 3, or of that
mottled Simmental breed and the Schwyz and                       share less the amount returned to the reserve, where
Fribourg breeds, falling within subheading ex 01.02 A            Article 7 has been applied, has been used up, that
II of the Common Customs Tariff.                                 Member State shall immediately, by notifying the
                                                                 Commission, draw a second share, in so far as the
2.    Eligibility for this tariff quota shall be subject to      reserve permits equal to 10 % of its initial share
the submission of:                                               rounded off upwards, if necessary, to the next unit.
 ---pagebreak--- 23. 3. 84                            Official Journal of the European Communities                             N o C 82/11
2.     If after the initial share has been exhausted,           The Commission shall, not later than 5 March 1985
90 % or more of the second share drawn by one of                notify Member States of the amount in the reserve
these Member States has been used up, that Member               after the return of shares pursuant to Article 7.
State shall, in accordance with paragraph 1,                    The Commission shall ensure that any drawing which
immediately draw a third share equal to 5 % of its              exhausts the reserve is limited to the balance available
initial share, rounded off upwards, if necessary, to the        and, to this end, shall specify the amount thereof to
next unit.                                                      the Member State making the last drawing.
3.     If, after the second share has been exhausted,
90 % or more of the third share drawn by one of                                          Article 9
these Member States has been used up, that Member               The Member States shall take all measures necessary
State shall, in accordance with paragraph 1, draw a             to ensure that when additional shares are drawn
fourth share equal to the third.                                pursuant to Article 4 or 5 it is possible for imports to
The same method shall be applied until the reserve is           be counted without interruption against their accumu-
exhausted.                                                      lated shares of the Community quota.
4.     By way of derogation from paragraphs 1, 2 and                                    Article 10
3, each of these Member States may draw shares
lower than those fixed in these paragraphs if there are         1.    Member States shall take all measures necessary
reasons to consider that such shares might not be               to ensure that the access to the tariff quota in
exhausted. They shall inform the Commission of the              question is restricted to cattle as specified in Article 1
grounds which led them to apply this paragraph.                 (1) and (2).
                         Article 6                              2.    They shall ensure free access to the shares
                                                                allocated to them for importers.
Additional shares drawn in pursuance of Article 5
shall apply until 30 June 1985.                                 3.    The extent to which the shares of the Member
                                                                States have been used up shall be recorded on the
                         Article 7                              basis of imports submitted for customs clearance
                                                                under cover of declarations that they have been made
Member States shall return to the reserve, not later            available for free circulation.
than 1 March 1985, the unused portion of their initial
share in excess, on 15 February 1985, of 5 % of the
                                                                4.    Where import documents are used for the
initial amount. They may return a larger quantity if
                                                                administration of the quota, they shall be sent to the
there are reasons to consider that such quantity may
                                                                issuing body as soon as possible and at all events on
not be used.
                                                                their expiry.
However, amounts for which import certificates have
been issued but not used shall not be returned to the                                   Article 11
reserve.
                                                                On request by the Commission, Member States shall
The Member States shall, not later than 1 March                 inform it of imports actually charged against their
1985 notify the Commission of the total imports of              shares.
the animals in question effected up to 15 February
1985 inclusive, and charged against the tariff quota,                                   Article 12
the amounts referred to in the second subparagraph
and, where appropriate the proportion of their initial          Member States and the Commission shall cooperate
share that they return to the reserve.                          closely to ensure that the provisions of this Regu-
                                                                lation are observed.
                         Article 8
                                                                                        Article 13
The Commission shall keep accounts of the amounts
of the shares opened by Member States in accordance             This Regulation shall enter into force on 1 July 1984.
with Articles 3, 4 and 5 and shall inform each of them
of the extent to which the reserve has been exhausted           This Regulation shall be binding in its entirety and
as soon as it receives the notification.                        directly applicable in all Member States.