CELEX: 31974R3258
Language: en
Date: 1974-12-19 00:00:00
Title: Regulation (EEC) No 3258/74 of the Council of 19 December 1974 opening, allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II a) 2 of the Common Customs Tariff (1975)

No L 349 / 8                           Official Journal of the European Communities                            28 . 12 . 74
                               REGULATION ( EEC) No 3258 /74 OF THE COUNCIL
                                                    of 19 December 1974
               opening , allocating and providing for the administration of a Community tariff
               quota for frozen beef and veal falling within subheading 02.01 A II a) 2 of the
                                               Common Customs Tariff ( 1975 )
THE COUNCIL OF THE EUROPEAN                                       Whereas, since the tariff quota in question is relatively
COMMUNITIES ,                                                     small, it ought to be possible to provide for a system
                                                                  of allocation based on a single apportionment
Having regard to the Treaty establishing the European             between the Member States, without thereby dero­
Economic Community ;                                              gating from its Corhmunity nature ; whereas it appears
Having regard to the proposal from the Commission ;               best to leave to each Member State the choice of a
                                                                  management system for its share of the quota ;
Having regard to the Opinion of the European Parlia­
ment ;                                                            Whereas, since the Kingdom of Belgium , the
                                                                  Kingdom of the Netherlands and the Grand Duchy of
Whereas , in the context of the most recent multilat­             Luxembourg are jointly represented by the Benelux
eral GATT negotiations, the European Economic                     Economic Union , any operation concerning the
Community has undertaken to open , at a duty of                   administration of the quota shares allocated to that
20 % , an annual Community tariff quota of 38 500                 economic union may be carried out by any one of its
metric tons of frozen beef and veal falling within                members ;
subheading 02.01 A II a) 2 of the Common Customs
Tariff, expressed as boned or boneless meat ; whereas ,           Whereas, if at a given date during the quota period it
therefore, this Community tariff quota should be                  is found that a balance of a quota share remains in
opened on I January 1975 , while dividing the quan­               one or other Member State, it will be necessary, where
tity concerned into two parts according to the tariff             appropriate, to re-allocate the amounts which have
arrangements applicable to each ;                                 not been used up, in order that they might be used up
                                                                  by other Member States,
Whereas Articles 59 and 60 of the Act (') annexed to
the Treaty concerning the accession of new Member
States to the European Economic Community and to                  HAS ADOPTED THIS REGULATION :
the European Atomic Energy Community, signed on
22 January 1972, require the new Member States to                                         Article 1
apply the Regulations of the Common Agricultural
Policy from 1 February 1973 and to align their                     1.    A Community tariff quota for frozen beef and
customs tariff duties on those of the               Common        veal falling within subheading 02.01 A II a ) 2 of the
Customs Tariff in accordance with the               timetable     Common Customs Tariff totalling 38 500 metric tons,
provided for in Article 59 ; whereas, therefore , the new         expressed as boned or boneless meat , is hereby
Member States' needs for imports from third countries             opened for 1975 .
should be covered in 1975 ; whereas the quota duties
to be applied by the new Member States should                     2.     For the purpose of charging imports against this
conform to the Act of Accession ;                                 quota , 100 kilogrammes of unboned meat shall be
                                                                  taken to be equivalent to . 77 kilogrammes of boned or
Whereas equal and continuous access to the quota                  boneless meat .
should be ensured for all Community importers and
the rate of levy for the tariff quota should be applied           3.     As regards the quotas allocated to the original
consistently in all Member States to all imports of the           Member States, the Common Customs Tariff duty
 product in question until the quota is used up ;                 applicable shall be 20 % .
whereas, in the light of the principles outlined above ,          4.     As regards the quota allocated to the new
a Community tariff arrangement based on an alloca­                 Member States , the duties shall be those calculated in
 tion    between  the    Member     States   would   seem  to
                                                                   accordance with the relevant provisions of the Act of
 preserve the Community nature of the quota ; whereas              Accession .
 to represent as closely as possible the actual develop­
 ment of the market in the product in question the
                                                                                           A rt idt 2
allocation should follow proportionately the re­
quirements of the Member States calculated both from               1.    The quantity of 38 500 metric tons referred to in
 statistics of imports from third countries during a               Article 1 shall be divided into two parts, one totalling
 representative reference period and from the                      22 000 metric tons , the other 16 500 metric tons .
economic outlook for the tariff in question ;
                                                                   2.    The two parts referred to in paragraph 1 shall be
 (') OJ No L 73 , 27 . 3 . 1972, p. 28 .                           allocated as follows :
 ---pagebreak--- 28 . 12. 74                               Official Journal of the European Communities                                  No 349 / 9
                                                                For the part totalling           For the part totalling
                                                                  22 000 metric tons               16 500 metric tons
               Benelux                                          2 740 metric tons                2 060 metric tons
               Denmark                                             115 metric tons                   85 metric tons
               Germany                                          4 460 metric tons                3 340 metric tons
               France                                           1 710 metric tons                1 280 metric tons
               Ireland                                                1 metric ton                     0 metric ton
               Italy                                            5 259 metric tons                3 950 metric tons
               United Kingdom                                   7 715 metric tons                5 785 metric tons
                                                               22 000 metric tons               16 500 metric tons
3 . Imports of the product concerned shall be                                                       Article 5
subject to the provisions adopted under Regulation
(EEC) No 974/71 ('), as last amended by Regulation                      The Member States and the Commission shall coop­
(EEC) No 2497/74 (2), as regards the fluctuation of the                 erate closely to ensure that this Regulation is
currencies of certain Member States .                                   complied with .
                            Article 3
                                                                                                    Article 6
 1.    The Member States shall take all appropriate
steps to guarantee to importers established within                      The Commission shall , not later than 1 October 1975,
their territories free access to the quota share allotted               submit to the Council a report on the quantities for
to them .                                                               which licences have been delivered in each Member
                                                                        State .
2.     The extent to which the shares of the Member
States have been used up shall be verified on the basis
of imports from third countries as the product is                       The Council, acting by a qualified majority on a pro­
presented for customs clearance under the declaration                   posal from the Commission , shall , where appropriate ,
for consumption .                                                       re-allocate the amounts which have not been used up.
                            Article 4
                                                                                                    Article 7
The Member States shall regularly inform the
Commission of imports which have been charged                           This Regulation shall enter into force on 1 January
against their shares .                                                  1 975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 19 December 1974 .
                                                                                       I:or the Council
                                                                                         The Preside »1
                                                                                       J. P. FOURCADE
(') OJ No L 106, 12 . V 1971 , p. I.
(-') OJ No L 268 , 3 . 10 . 1974 , p. 5 .