CELEX: 31975R1588
Language: en
Date: 1975-06-24 00:00:00
Title: Regulation (EEC) No 1588/75 of the Council of 24 June 1975 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) 2 of the Common Customs Tariff

26. 6. 75                                 Official Journal of the European Communities                           No L 163/5
                                REGULATION (EEC) No 1588/75 OF THE COUNCIL
                                                          of 24 June 1975
                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) 2 of the
                                                     Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                         respected by allocating the Community tariff quota
COMMUNITIES,                                                        among the Member States ; whereas possibilities for
                                                                    the use of such mountain breeds are, however, limited
Having regard to the Treaty establishing the European               by special factors, both geographical and zootech­
Economic Community, and in particular Articles 43                   nical ; whereas Denmark does not have regions
and 1 1 3 thereof ;                                                 suitable for breeding this kind of cattle ; whereas,
                                                                    however, in view of such special factors, the Commu­
Having regard to the proposal from the Commission ;                 nity nature of the tariff quota in question should be
                                                                     preserved by making provision for requirements
Having regard to the Opinion of the European Parlia­                which may arise in this Member State ; whereas to this
ment (') ;                                                          end,, this Member State may proceed to draw adequate
                                                                    shares from the Community reserve which has been
Whereas, the European Economic Community under­                     set up ; whereas, in order to reflect as closely as
took within the framework of the GATT to open an                     possible the actual trend of the market in question,
annual Community tariff quota of 5 000 head at a                    the initial allocation must be made in proportion to
duty of 4 % for bulls, cows and heifers, other than                  the requirements of each of the Member States
                                                                    concerned, calculated in accordance with statistical
those intended for slaughter, of certain Alpine breeds
falling within subheading ex 01.02 A II b) 2 of the                  data concerning imports from third countries during a
Common Customs Tariff ; whereas eligibility for such                 representative reference period and with economic
quota is subject to submission of the following docu­                prospects for the quota period in question ;
ments :
— bulls : pedigree certificate ;                                    Whereas, since the animals in question belong to
— female animals : pedigree certificate or certificate              certain specific breeds which are not specified as such
      of registration in the herdbook, certifying purity of          in the statistical nomenclatures of the Member States,
      breed ;                                                        no data on imports provided by the Member States
                                                                     could be considered to be sufficiently accurate and
Whereas, under Article 60 of the Act (2) concerning                  representative to be used as a basis for the allocation
the conditions of accession and the adjustments to the               in question ; whereas the extent to which Community
Treaties, the new Member States are obliged to apply                 tariff quotas for those animals, in the Community as
the Regulations of the common agricultural policy                    originally constituted, have been exhausted, and the
from 1 February 1 973 onwards ; whereas any require­                 estimates made by certain Member States, enable the
ments which may arise in these Member States during                  requirements of each of them as regards imports from
the quota period under consideration should, there­                  third countries for the quota period envisaged to be
                                                                     assessed as follows :
fore, be taken into account in the Community tariff
quota in question ; whereas the abovementioned tariff
quota for the period from 1 July 1975 to 30 June                             Germany                        250 head,
 1976 should, therefore, be opened at a duty of 4 % for                      France                         1 20 head,
the Community as originally constituted and at a duty                        Italy                       4 630 head ;
corresponding to the provisions of the abovemen­
tioned Act for the new Member States ;
                                                                     whereas the needs of Ireland may, in the absence of
Whereas, it is in particular necessary to ensure equal               precise information , be assessed at 25 head ;
and continuous access for all Community importers to
the abovementioned quota, and the uninterrupted
application of the quota duties to all imports of the
animals in question until the quota is exhausted ;                   Whereas, in order to take into account the possible
whereas, having regard to the principles defined                     trend of imports of the aforementioned animals into
above, the Community nature of the quota can be                      the said Member States, the quota amount of 5 000
                                                                     head should be divided into two parts, the first part
(') OJ No L 128 , 9 . 6. 1975 , p . 36 .                             being allocated among certain Member States, the
(-') OJ No L 73 , 27 . 3 . 1972, p . 14 .                            second forming a reserve intended subsequently to
 ---pagebreak--- No L 163/6                         Official Journal of the European Communities                                26 . 6. 75
cover the requirements of these Member States when            Fribourg breeds, falling within subheading ex 01.02 A
their initial shares are exhausted and requirements          II b) 2 of the Common Customs Tariff.
which may arise within other Member States ; whereas
in order to ensure a certain degree of security for          2.     Eligibility for this tariff quota shall be subject to
importers in the aforementioned Member States, the           the submission :
first part of the Community quota should be deter­
mined at a comparatively high level which under the          — in the case of bulls : of a pedigree certificate ;
present circumstances may be about 70 % of the               — in the case offemale animals : of a pedigree certif­
quota amount ;                                                    icate or certificate of registration in the herdbook,
                                                                  certifying purity of breed.
Whereas, the initial shares of those Member States
may be used up more or less rapidly ; whereas, in            3 . The said quota shall be administered in accor­
order to take this fact into account and avoid any           dance with the following Articles.
break in continuity, it is important that that Member
State having used up almost the whole of its initial
share   should  draw an     additional  share  from  the                                Article 2
reserve ; whereas this must be done by each of these
Member States as and when each of its additional              1 . Within the framework of the quota referred to in
shares is almost entirely used up, and repeated as           Article 1 ( 1 ), the Common Customs Tariff duty for the
many times as the reserve allows ; whereas the initial       animals referred to in the said paragraph shall be
and additional shares must be available until the end        suspended at 4 % .
of the quota period ; whereas such method of adminis­
tration calls for close cooperation between Member           2.     The new Member States shall within the said
States and the Commission, which must, in particular,        tariff quotas apply duties calculated in accordance
be able to observe the extent to which the quota             with the relevant provisions of the Act of Accession .
amounts are used and inform Member States thereof ;
                                                                                        Article 3
Whereas, if, at a specified date within the quota
period, a considerable balance of the initial share of
one or other of the Member States is left over, it is         1 . A first part of 3 425 head shall be allocated
essential that that State should return a considerable       among the Member States listed below. The shares
part of such balance to the reserve in order that part       shall apply from 1 July 1975 to 30 June 1976, subject
                                                             to Article 7, and shall be as follows :
of the Community quota should not remain unused
in one Member State while it could be used in others ;                Germany                           150 head,
                                                                       France                           100 head,
Whereas, since the Kingdom of Belgium, the                             Ireland                           25 head,
                                                                      Italy                           3 150 head .
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the
Benelux Economic Union, any measure concerning               2. The second part of 1 575 head shall be held as a
the   administration  of the shares allocated to that        Community reserve .
Economic Union may be carried out by one of its
Members,
                                                                                        Article 4
                                                             If requirements arise in countries of the Benelux
                                                              Economic Union , in Denmark or in the United
HAS ADOPTED THIS REGULATION :
                                                             Kingdom, these Member States shall draw an adequate
                                                             share from the reserve, in so far as the reserve permits.
                                                                                        Article 5
                        A rticle 1
                                                              1.    If 90 % or more of the initial share of one of the
1.    During the period from 1 July 1975 to 30 June          Member States referred to in Article 3 , or of that share
1976, a Community tariff quota of 5 000 head shall be        less the amount returned to the reserve , where Article
opened within the European Economic Community                7 has been applied, has been used up, that Member
in respect of the imports from third countries of bulls,     State shall immediately, by notifying the Commission,
cows and heifers, other than those intended for              draw a second share, in so far as the reserve permits,
slaughter, of the following mountain breeds : the            equal to 15% of its initial share, rounded off
mottled Simmental breed and the Schwyz and                   upwards, if necessary, to the next unit.
 ---pagebreak--- 26. 6. 75                          Official Journal of the European Communities                            No L 163/7
2.     If, after the initial share has been exhausted,       with Articles 3, 4 and 5 and shall inform each of them
90 % or more of the second share drawn by one of             of the extent to which the reserve has been exhausted
these Member States has been used up, that Member            as soon as it receives the notification .
State shall, in accordance with paragraph 1 , immedi­
ately draw a third share equal to 7-5 % of its initial       The Commission shall, not later than 1 May 1976,
share, rounded off upwards, if necessary, to the next        notify Member States of the amount in the reserve
unit.
                                                             after the return of shares pursuant to Article 7.
3.     If, after the second share has been exhausted,        The Commission shall ensure that any drawing which
90 % or more of the third share drawn by one of              exhausts the reserve is limited to the balance available
these Member States has been used up, that Member            and, to this end, shall specify the amount thereof to
State shall, in accordance with paragraph 1 , draw a         the Member State making the last drawing.
fourth share to the third.
The same method shall be applied until the reserve is                                  Article 9
exhausted .
                                                             The Member States shall take all measures necessary
4. By way of derogation from paragraphs 1 , 2 and             to ensure that when additional         shares are drawn
3, each of these Member States may draw shares lower          pursuant to Article 4 or 5 it is possible for imports to
than those fixed in these paragraphs if there are            be counted without interruption against their accumu­
reasons to consider that such shares might not be             lated shares of the Community quota.
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph.
                                                                                      Article 10
                         Article 6                            1 . Member States shall take all measures necessary
                                                              to ensure that the access to the tariff quota in question
Additional shares drawn in pursuance of Article 5             is restricted to cattle as specified in Article 1 ( 1 ) and
                                                             (2).
shall apply until 30 June 1976.
                                                              2. They shall ensure free access to the shares allo­
                                                              cated to them for importers established in their terri­
                         Article 7                            tory.
If, by 5 April 1976, a Member State has not exhausted         3.    The extent to which the shares of the Member
its initial share as fixed in Article 3 or as resulting       States have been used up shall be recorded on the
from the application of Article 4, it shall, not later        basis of imports submitted for customs clearance
than 25 April 1976, return to the reserve the unused          under cover of declarations that they have been made
proportion of the share in excess of 20 % of the              available for consumption .
initial amount.
However, amounts for which import certificates have                                   Article 11
been issued but not used shall not be returned to the
reserve .                                                     Member      States shall   inform   the  Commission       at
                                                              regular intervals of imports actually charged against
The Member States shall, not later than 25 April 1976,        their shares .
notify the Commission of the total imports of the
animals in question effected up to 5 April 1976 inclu­
sive and charged against the tariff quota, the amounts                                Article 12
referred to in the second subparagraph and, where
appropriate, the propoftion of their initial share that       Member States and the Commission shall cooperate
they return to the reserve .                  •
                                                              closely to ensure that the provisions of this Regulation
                                                              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 1975.
 ---pagebreak--- No L 163/8                    Official Journal of the European Communities                        26 . 6 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 24 June 1975.
                                                                    For the Council
                                                                      The President
                                                                     M. A. CLINTON