CELEX: 51973PC1780
Language: en
Date: 1973-10-24
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for frozen beef felling within subheading No 02.01 A II (a) 2 of the Common Customs Tariff (1974) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1780
Vol. 1973/0307
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 ---pagebreak---                                                                                \
COMMISSION GF TES EUliOEBAN COLauUiTZTZB
                                                             COM(73)1780 final
                                                             Brussels s 24 October 1973
                                  PROPOSAL FOR A
                         REGULATION ( ESC ) OP THE COUNCIL ,
                  on the opening , allocation and administration '
            of a Community tariff quota for frozen beef felling within
       subheading Ho 02.01 A II ^a) 2 of the Common Customs Tariff ( 1974)
                   ( submitted to the Council by the Commission)
  COM(73 ) 1780 final
 ---pagebreak---                         EXPLANATORY MMORANDI7M
During the last multilateral GATT negotiations the European Economic
Community undertook to open an annual Community tariff quota for
22 000 metric tons of frozen beef falling within subheading
Ho 02.01 A II (a ) 2 of the Common Customs Tariff at 20jo duty .
Moreover , an Agreement which the Community concluded with Argentina
on 8 November 1971 provides that this tariff volume of 22 000 metric
tons must , from 1 January 1972 , be taken to refer to boneless nuat
and that the Community will , each year from 1 972 onwards , consider
whether a supplementary tariff quota can be opened autonomously on
the same teims , should the need arise .
Consequently , to meet the Community T s obligations , a regulation
should be adopted before 1 January 1974 on the opening, allocation
and administration of the relevant tariff quota .      In this
                                                                I
connection,' it should be mentioned that , as a result' of their
accession on 1 January 1973 , the new Member States have been obliged ,
since 1 February 1973 r to apply the common policy regulations adopted
by the Community as originally constituted to the relevant products
as provided in the Accession Treaty .
It is therefore proposed that , as in 1973 , a tariff volume of 22 COO
metric tons , expressed as boneless meat , should be opened on
 1 January 1974 and allocated among the original Member States in the
traditional way , while an autonomous supplementary tariff quota
 should be opened on the same date to cover the new Member States *
 import requirements , account being taken of the Community declaration
 annexed to the abovementioned Agreement with Argentina which provides
 ---pagebreak--- in particular for an annual review of additional import possibilities .
Pending the results of this review, the supplementary volume can be
fixed provisionally at 12 000 metric tons , . Obviously this voltime may
be modified if necessary , either before the regulation is actually
adopted by the Council or during the period of its operation .
Imports of frozen beef ( boned ) into the Community as originally constitut
from third countries developed as follows over the last few years :
                       1970
                          - -
                                          j
                                          *
                                                            1971  -
                                                                         |
                                                                         !
                                                                                    1972
                          – - ""  ■ ■ ■ 1 1
                                                                                              j
                                           I
                  in t    i in $           !
                                           I "
                                                in t
                                                   ■ ■ « '■■■'
                                                                    in $     in t        inlJ
                                                               I
                                                               i
Germany        .. 50 705      29.5              45 718         i 27.6       102 735      36.7
Bénélux           36 382      21.2              35 303              21.4     57 565      20.5
Prance            16 559        .9.6            18 437              11.2     45 645      16.3
Italy       !     68 365      39.7              65 797 |            39.8     73 962      26.5
             ι
                                                                          i
                                                                          i
            j
                172 011                        165 255                    ! 279 907
                                                               fc
Consequently, the quota shares of the Member States , calculated on the
basis of imports for the years 1970 to 1972 and on forecasts of import
requirements for the relevant tariff year , can be fixed approximately
at the following percentages :
                                   Germany          31.3
                                   Benelux          21.0
                                   Prance           12.4
                                   Italy           35 «3
As for the allocation of the supplementary tariff volume of 12 000
metric tons between the hew Member States , it should be noted that
statistics for 1973 , and in particular the number of applications
for import licences lodged since 1 February 1973 , do not yet give
ad.equa.te grounds for allocating the products in any way other , than
 ---pagebreak--- that for 1973 , namely :
           Denmark                         200 metrio tons
           Ireland                         100 metric tons
           United Kingdom               11 700 metrio tons
Having compared the probable level of the Community tariff quota for
1974 vdth import requirements , the Commission believes that it would
go against the Community nature of the quota to allocate the initial
tariff volume in definitive quota shares to the Member States .
Consequently , the proposal annexed hereto provides for the creation
of a Community reserve , the volume of which , even if it is only 10$
of the total tariff volume , will assist in ensuring equal access for
all importers and in avoiding a situation in whioh customs preference
would no longer be applied in one or more Member States while, it. was
still applied in others .
 ---pagebreak---                                 Proposal for a
                 REGULATION (EEC ) No ...„/73 OP THE COUNCIL
            on the opening , allocation and administration of a
            Community tariff quota for frozen "beef falling
            within subheading No 02,01 A II ( a ) 2 of the
            Common Customs Tariff ( 1974 )
TII3 COUNCIL OP THE EUROPEAN' COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 and 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas in the course of the last multilateral GATT negotiations the
European Eoonomic Community undertook to open an annual Community tariff
quota of 22 000 metric tons of frozen beef falling within tariff subheading
                                                           A
No 02.01 A II ( a ) 2 at 2Qfp duty ;  whereas the Agreement' concluded with
Argentina on 8 November 1971 provides that that quota volume of 22 000
metric tons must                           be taken to refer to boneless meat ;
whereas by Declaration No 1 annexed to the Agreement aforesaid the
Community declared that each year it would consider whether , by
appropriate procedures , supplementary import facilities should be opened
in addition to the tariff quota specified above ;
                                                               2
Whereas Articles 59 and 60 of the Act annexed to the Treaty      oonceming
the accession of new Member States to the European Economic Community
and to the European Atomic Energy Community , signed on 22 January 1972 ,
require the new Member States to apply the regulations of the common
 loj No L 249 , 10 November 1971 , p . 18
  OJ No L 73 , 27 March 1972 .
 ---pagebreak---                                      -2-
agricultural policy from 1 February 1973 and to align their customs
tariff duties on those of the Common Customs Tariff in the manner provided in
the said Article 59 ?  whereas the new Member States 1 needs for imports
from third countries should therefore be covered in 1974 i     whereas , in
view of these considerations and of the Community declaration annexed to
the aforesaid Agreement with Argentina, an autonomous supplementary
quota , also expressed in "boneless meat , should "be opened at a provisional
level of 12 000 metric tons ;   whereas the total quota volume therefore
amounts to 34 000 metric tons ;   whereas the quota duties to "be applied by
the new Member States should conform to the Act aforesaid ;
Whereas equal and continuous access to the quota, should be ensured for all
Community importers and the rate of levy for the tariff quota should be
applied consistently in all Member States to all imports of the produot
in question until the quota is used up ; whereas , in the light of the
principles outlined above , a Community tariff arrangement based on an
allocation between the Member States would seem to preserve the Community
nature of the quota ;  whereas to represent as closely as possible the actual
development of the market in the product in question the allocation should
follow proportionately the requirements of the Member States calculated
both from statistics of imports from third countries during a
representative reference period and from the economic outlook for the
tariff year in question ;
         percentages of
Whereas/imports of the relevant produot from third countries into the
Community as originally constituted are the last three years for which
statistics are available were as follows :
 ---pagebreak---                                      ->
                               1970
                               WMM4
                                              1971           1972
                                                            1 lli II i 11 ■
Germany,                    . 29.5            27.6          36.7
Bénélux                        21.2           21.4          20.5
France                          9*6           11.2           16.3
Italy                          39*7           39.8           26.5
Whereas , as regards the new Member States , Denmark and Ireland made no
imports of the relevant ' product from third countries in recent years , of boned
while the United Kingdom imported 88 051 metric tons in 1971 and. 153.^37
in 1972 ;  whereas these figures show that calculation of the percentage
share of these imports in total imports by the new Member States would
be meaningless ;  whereas provision should be made to cover any import "
requirements which may arise in Ireland and Denmark during the currency
of the quota ;   whereas to that end a suitable initial quota share should '
be allocated to them , and the balance of that p4rt of the quota volume' ,
which is allocated to the new Member States should form the United          -
Kingdom 's quota share ;
Whereas , in view of the foregoing and of market forecasts for the
relevant product for the quota period , the initial percentage shares of '
the original Member States in the quota volume may be estimated as :          '
follows :
                             Germany    31.3
                             Bénélux    21.0                                  -
                             France      12.4
                              Italy     35^3 ;
Whereas , to take account of future trends of imports into the various ' ■
Member States of the product under consideration , the total quota volume
 should be divided into two tranches , the first being allocated among the
Member States and the second held as a reserve to cover at a later date
the requirements of the Member States , should they use up their initial
 quota shares ;  whereas to give Member State importers some certainty
 ---pagebreak---                                        -4-
  •the first tranche of the Community quota should be fixed at approximately
  90$ of the total volume ;
  Whereas the initial quota shares of Member States may be used up more or
  less quickly ; whereas , therefore , to avoid disruption of supplies any
  Member State which has almost used up its initial quota share , must draw
1 a supplementary quota share from the reserve ;    whereas this must be done
  by each Member State as each one of its supplementary quota shares is -
  almost used up , and as many times as the " reserve allows ;   whereas the
  initial and supplementary quota shares must be valid until the end of the
  quota period ;  whereas this form of administration requires close
  collaboration between the Member States and the Commission , and the
  Commission must be in a position to follow the extent to which the quota
  volume has been used up and inform the Member Statesi thereof ;
  Whereas if , at a given date in the quota period , a considerable quantity
  of the initial quota share is left over in a Member State , it is
  essential that each state should return a significant. proportion to the
  reserve , to prevent a part of the Community quota from remaining unused
  in one Member State while it could be used in others ;
  Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and
  the Grand Duchy of Luxembourg are jointly represented by the Benelux
  Economic Union any measure concerning the admini strati on of the quota
   shares allocated to that economic union may be carried out by one of its
  members ;          ;                                         .
 ---pagebreak---                                         ■5-
     MS ADOPTED THIS REGULATION :
                                    Article 1
 1 . A Community tariff quota of 34 000 metric tons of frozen "beef falling
     within subheading No 02.01 A II ( a ) 2 of the Common Customs Tariff ,
     expressed as boneless meat , is opened for the period from 1 January
     to 31 December 1974 *
2 . For purposes of counting imports against this quota , 100 kilogrammes
     of meat on the bone shall be taken to be equivalent to 77 kilogrammes
     of boneless meat .
3 . The Common Customs Tariff duty applicable to that part of the volume
     which is allocated to the original Member States shall be 20$.
     Without prejudice to their option to accelerate alignment of duties
     under Article 59(4 ) of the Act of Accession , the new Member States
     shall apply the duties listed below to tariff quotas ;   these duties
     correspond to those applicable to imports from third countries :
                                                               Cuota duties
     ( l ) Prom 1 January 1974 "to the end of
           the 1973/74 marketing year
           Denmark                                                      20%
           Ireland                                           £0.02/ lb+ 41°
           United Kingdom                                 £0.2438/cwt+ 4%
 ---pagebreak--- ( 2 ) From the beginning of the 197^/75
      marketing year to 31 December 197^
      Denmark                                             20%
      Ireland                                t0.015/lb +   8%
      United Kingdom                       L0.l866/ cwt +  8%
                                     Γ
                                                          11%
                              Article 2
1 , The volume of ~j>b.0QQ metric tons referred to in Article 1 ( 1 )
     shall be divided into two tranches . A first tranche of 30 300
     metric tons shall be allocated among the Member States ; the
     quota shares for each Member State ,, which , subject to Article 5i
     shall be valid until 1 January to 31 December 197 ^, shall be as
     follows :
                     Germany     6 260 metric tons
                      Benelux    ^ 200 metric tons
                     France      2 *f80 metric tons
                      Italy      7 060 metric tons
                      Denmark      l8o metric tons
                      Ireland        90 metric tons
                     United
                     Kingdom    10 530 metric tons ■
 ---pagebreak---                                       -7-
3 . The second, tranche   of        3 200     metric tons shall
    constitute a reserve
                                  Article 3
1 . If 90% or more of the initial quota share as defined in Article 2(1 ) .
     of     any of the Member States , or of that share minus the portion
    returned to the reserve where Article 5 is applied , has been used up ,
    that Member State shall without delay , by notifying the Commission ,
    draw a second quota share , to the extent that the reserve is
    sufficient , equal to 10% of its initial quota share .
2 . If, after its initial quota share has been used up , 9<y/o or more of the
    second quota share drawn by either of the Member States has been used
    up , that Member State shall without delay , in accordance with the
    provisions of paragraph 1 , draw a third quota share equal to 5% of its
    initial quota share .
3 . If , after its second quota share has been used up , JOfo or more of the
    third quota share drawn by either of the Member States has been used
    up , that Member State shall , in accord.ance with the provisions of
    paragraph 1 , draw up a fourth quota share equal to the third .
    This process shall apply by analogy until the reserve is used up .
4 . By way of derogation from paragraphs 1 to 3 , the Member States in
    question may draw quota shares lower than those fixed in those
    paragraphs if there are grounds for believing that those fixed may not
    be used up .   They shall inform the Commission of their reasons for
    applying this paragraph .
 ---pagebreak---                                        ►Ô*-*
                            v.   Article 4
Supplementary quota shares drawn pursuant to Article 3 shall "be valid
until 31 December 1974 *
                                 Article 5
Either of the Member States specified in Article 2 which on
15 September 1974 has not used up its initial quota share shall return
to the reserve not later than , 10 October 1974 the unused portion
exceeding 20$ of the initial amount .        It may return a greater portion
if there are grounds for believing that it may not be used up .
Member States shall , not later than 10 October 1974 , notify to the
Commission the total . quantities of the product in question imported up
to and including 15 September 1974 and counted against the .Community
quota and any quantities returned to the reserve .
                                  Article 6
The Commission shall keep an . account of the quota shares opened by the ,
Membei* States pursuant to Articles 2 and 3 and. shall , as soon as
information reaches it , inform each State of the extent to which the
reserve has been used up .     ..
It shall,' not later than, '15 October 1974 f inform: the Member States of
the amount still in reserve after returns have been made pursuant to
Article 5 *
It shall ensure that the drawing which uses up the reserve is limited
to the balance available and to this end shall specify the amount
thereof to the Member State making the last drawing.
 ---pagebreak---                                    -9-
                                Article 7
1 . Member States shall take all measures necessary to ensure that there
    is uninterrupted access to their cumulative shares of Community tariff
    quota when they open additional quota shares drawn pursuant to
    Article 3 .
2 . They shall ensure that importers of the product in question
    established in its territory have free access to the quota shares
    allocated to it .
3 . Member States shall count imports of the product in question both from
    third countries and from new Member States against their quota share
    as the product is presented for customs clearanoe under the declaration
    for consumption .
                                Article 8
    Member States shall regularly inform the Commission of imports from
    third countries actually counted against their quota shares .
                                Article 9
    Member States and the Commission shall cooperate closely to ensure
    that the preceding Articles are observed .
                                Article 10
    This Regulation shall enter into force on 1 January 1974 *
    This Regulation shall be binding in its entirety and directly
    applicable in all Member States ,
    Done at Brussels ,                         For the Council
                                                The President