CELEX: 31977R1331
Language: en
Date: 1977-06-20 00:00:00
Title: Council Regulation (EEC) No 1331/77 of 20 June 1977 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) of the Common Customs Tariff

No L 154/2                               Official Journal of the European Communities                              23 . 6 . 77
                                      COUNCIL REGULATION (EEC) No 1331 /77
                                                         of 20 June 1977
              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) of the
                                                    Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                        nical ; whereas Denmark does not have regions
COMMUNITIES,                                                       suitable for breeding this kind of cattle ; whereas,
                                                                   however, in view of such special factors, the Commu­
Having regard to the Treaty establishing the European              nity nature of the tariff quota in question should be
Economic Community, and in particular Articles 43                  preserved by making provision for requirements
and 1 1 3 thereof,                                                 which may arise in these Member States ; whereas, to
                                                                   this end, |hese Member States may proceed to draw
Having regard to the proposal from the Commission,                 adequate shares from the Community reserve which
                                                                    has been set up ; whereas, in order to reflect as closely
Having regard to the opinion of the European Parlia­               as possible the actual trend of the market in question,
ment ('),                                                           the initial allocation must be made in proportion to
                                                                    the requirements of each of the Member States
                                                                    concerned ," calculated in accordance with statistical
Whereas the European Economic Community under­
                                                                    data concerning imports from third countries during a
took within the framework of the GATT to open an                    representative reference period and with economic
annual Community tariff quota of 20 000 head at a
                                                                    prospects for the quota period in question ;
duty of 6 % for heifers and cows other than those
intended for slaughter of certain mountain breeds
falling within subheading ex 01.02 A II b) of the
Common Customs Tariff ; whereas eligibility for such                Whereas, since the animals in question belong to
quota is subject to conditions to be determined by the              certain specific breeds which are not specified as such
competent authorities of the Member State of destina­               in the statistical nomenclatures of the Member States,
tion ; whereas, in an exchange of letters with Austria              no data on imports provided by the Member States
dated 21 July 1972, the Community has undertaken                    could be considered to be sufficiently accurate and
unilaterally to increase the size of the tariff quota from          representative to be used as a basis for the allocation
20 000 to 30 000 head and to lower the quota duty                   in question ; whereas the extent to which Community
from 6 % to 4 % ;                                                   tariff quotas for those animals in the Community as
                                                                    originally constituted have been exhausted, and the
Whereas, under Article 60 of the Act of Accession (2),              estimates made by certain Member States, enable the
the new Member States are obliged to apply the Regu­                requirements of each of them as regards imports from
lations of the common agricultural policy from 1                    third countries for the quota period envisaged to be
                                                                    assessed as follows :
February 1973 onwards ; whereas, therefore, any
requirements which may arise in these Member States
during the quota period under consideration should                         Benelux :                        1 500 head,
be taken into account in the Community tariff quota                        Germany :                       10 000 head,
in question ; whereas the abovementioned tariff quota                      France :                         3 900 head,
for the period 1 July 1977 to 30 June 1978. should                         Italy :                         6 100 head ;
therefore be opened at. a duty of 4 % ;
Whereas it is in particular necessary to ensure equal
                                                                    whereas, in the absence of precise information , the
and continuous access for all Community importers to
                                                                     needs of the United Kingdom and Ireland may be
the abovementioned quota, and the uninterrupted                      assessed at 300 and 200 head ;
application of the quota duties, to all imports of the
animals in question until the quota is exhausted ;
whereas, having regard to the principles defined
above, the Community nature of the quota can be                      Whereas, in order to take into account the possible
 respected by allocating the Community tariff quota                  trend of imports of the aforementioned animals into
 among the Member States ; whereas possibilities for                 the said Member States, the quota amount of 30 000
 the use of such mountain breeds are , however, limited              head should be divided into two parts, the first being
 by special factors, both geographical and zootech­                  allocated among certain Member States, the second
                                                                     forming a reserve intended subsequently to cover the
(') OJ No C 118 , 16 . 5 . 1977 , p . 71 .                           requirements of those Member States when their
(2 ) OJ No L 73 , 27 . 3 . 1972, p . 14 .                            initial shares are exhausted and requirements which
 ---pagebreak---  23 . 6 . 77                        Official Journal of the European Communities                                  No L 154/3
 may arise within other Member States ; whereas in             within four months following the date of their impor­
 order to ensure a certain degree of security for impor­       tation .
 ters in the aforementioned Member States, the first
 part of the Community quota should be determined at            Derogations may, however, be granted in the event of
 a comparatively high level which under the present            an act of God (disease, accident) duly attested by a
 circumstances may be approximately 63 % of the                local authority certificate setting out the reasons for
 quota amount ;
                                                               the slaughter.
                                                               3 . The said quota shall be administered in accor­
 Whereas, the initial shares of those Member States            dance with the following Articles .
 may be used up more or less rapidly ; whereas, in
 order to take this fact into account and avoid any            4. For the purpose of applying this Regulation , the
 break in continuity, it is important that that Member         levy fixed in accordance with Article 12 of Regulation
 State having used up almost the whole of its initial          (EEC) No 805/68 (') shall , as regards imports effected
 share    should  draw  an   additional  share  from   the     under the conditions laid down in Article 2 (4) of
 reserve ; whereas this must be done by each of these          Regulation (EEC) No 1 93/75 (2), be applied to any
 Member States as and when each of its additional              quantities exceeding those indicated in the import
                                                               licence .
 shares is almost entirely used up, and repeated as
 many times as the reserve allows ; whereas the initial
 and additional shares must be available until the end                                        Article 2
 of the quota period ; whereas such method of adminis­
 tration calls for close cooperation between Member            Within the framework of the quota referred to in
 States and the Commission , which must, in particular,        Article 1 ( 1 ), the Common Customs Tariff duty for the
 be able to observe the extent to which the quota              animals referred to in the said paragraph shall be
 amounts are used and inform Member States thereof ;           suspended at 4 % .
                                                                                              Article 3
Whereas, if, at a specified date within the quota
 period, a considerable balance of the initial share of        1 . A first part of 19 000 head shall be allocated
one or other of the Member States is left over, it is
                                                               among the Member States listed below. The shares
essential that that State should return a considerable
                                                               shall apply from 1 July 1977 to 30 June 1978 , subject
 part of such balance to the reserve in order that part        to Article 7, and shall be as follows :
 of the Community tariff quota should not remain
unused in one Member State while it could be used in                  Benelux :                               1 000 head,
others ;                                                              Germany :                               8 800 head,
                                                                      France :                                3 400 head ,
                                                                      Ireland :                                 200 head ,
Whereas since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of                     Italy :                                 5 300 head ,
                                                                      United Kingdom :                          300 head .
 Luxembourg are united in and represented by the
 Benelux Economic Union , any measure concerning               2. The second part of 1 1 000 head shall be held as
the    administration  of the shares allocated     to that
                                                               a Community reserve .
economic union may be carried out by any one of its
members ,                                                      3.      Imports of the animals concerned shall be
                                                               subject to the provisions adopted under Regulation
                                                              (EEC) No 974/71 (3), as last amended by Regulation
                                                              (EEC) No 557/76 (4), as regards the fluctuation of the
HAS ADOPTED THIS REGULATION :                                 currencies of certain Member States .
                                                                                              Article 4
                         Article 1
                                                               If requirements arise in Denmark for cattle referred to
 1.    During the period 1 July 1977 to 30 June 1978 ,        in Article 1 ( 1 ), this Member State shall draw an
a Community tariff quota of 30 000 head shall be              adequate share from the reserve, in so far as the
opened within the European Economic Community                 reserve permits .
in respect of the imports from third countries of cows
and heifers, other than those intended for slaughter, of                                      Article 5
the following mountain breeds : grey, brown , yellow
and mottled Simmental breed and mottled Pinzgau                1.     If 90 % or more of the intial quota share of one
                                                              of the Member States referred to in Article 3 , or of
breed , falling within subheading ex 01.02 A II b) of
the Common Customs Tariff .                                   that share less the amount returned to the reserve ,
                                                              (>)  OJ   No   L 148 , 28 . 6 . 1968 , p . 24 .
2.     For the purposes of this Regulation , the above­       (2)  OJ   No   L 25, 31 . 1 . 1975 , p . 10 .
mentioned cows and heifers shall be considered not            (3 ) OJ   No   L 106, 12 . 5 . 1971 , p . 1 .
intended for slaughter if they are not slaughtered            (4 ) OJ   No   L 67, 15 . 3 . 1976, p . 1 .
 ---pagebreak--- No L 154/4                          Official Journal of the European Communities                                23 . 6 . 77
where Article 7 has been applied, has been used up,                                     Article 8
that Member State shall immediately, by notifying the
Commission, draw a second share, in so far as the             The Commission shall keep accounts of the amounts
reserve permits, equal to 1 5 % of its initial share,         of the shares opened by Member States in accordance
rounded off upwards, if necessary, to the next unit.          with Articles 3 , 4 and 5 and shall inform each of them
                                                              of the extent to which the reserve has been exhausted
                                                              as soon as it receives the notifications .
2.     If, after the initial share has been exhausted,
90 % or more of the second share drawn by one of
these Member States has been used up, that Member             The Commission shall, not later than 1 April 1978 ,
State shall, in accordance with paragraph 1 , immedi­         notify Member States of the amount in the reserve
ately draw a third share equal to 7-5 % of its initial        after the return of shares pursuant to Article 7.
share, rounded off upwards, if necessary, to the next
unit.                                                         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
3.     If, after the second share has been exhausted,
                                                              the Member State making the last drawing.
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                                    Article 9
fourth share equal to the third.
                                                              Member States shall take all measures necessary to
The same method shall be applied until the reserve is         ensure that when additional shares are drawn pursuant
exhausted .
                                                               to Article 4 or 5 it is possible for imports to be
                                                               counted without interruption against their accumu­
4. By way of derogation from paragraphs 1 , 2 and              lated shares of the Community quota.
3, each of these Member States may draw shares lower
than those fixed in these paragraphs if there are
 reasons to consider that such shares might not be                                     Article 10
 exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph .               1 . Member States shall take all measures necessary
                                                               to ensure that access to the tariff quota in question is
                                                               restricted to cattle as specified in Article 1 ( 1 ) and (2).
                          Article 6
                                                               2. They shall ensure free access to the shares allo­
                                                               cated to them for importers established in their terri­
 The additional shares drawn in pursuance of Article 5         tory.
 shall apply until 30 June 1978 .
                                                               3.     The extent to which a Member State has used up
                                                               its share shall be determined on the basis of imports
                          Article 7
                                                               of the product in question entered with the customs
                                                               authorities for home use .
 Member States shall return to the reserve, not later
 than 25 March 1978 , the unused portion of their                                      Article 11
 initial share in excess, on 5 March 1978 , of 20 % of
 the initial amount. They may return a larger quantity         On request by the Commission , Member States shall
 if there are reasons to consider that such quantity may       inform it of imports actually charged against their
 not be used .                                                 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 March               closely to ensure that the provisions of this Regulation
                                                                are observed .
  1978 , notify the Commission of the total imports of
 the animals in question effected up to 5 March 1978
 inclusive and charged against the tariff quota, the
 amounts referred to in the second subparagraph and,                                    Article 13
 where appropriate, the proportion of their initial share
 that they return to the reserve.                              This Regulation shall enter into force on 1 July 1977.
 ---pagebreak--- 23 . 6. 77                    Official Journal of the European Communities                        No L 154/5
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 20 June 1977.
                                                                    For the Council
                                                                      The President
                                                                        J. SILKIN