CELEX: 51977PC0537
Language: en
Date: 1977-10-28
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II b) of the Common Customs Tariff (1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 537
Vol. 1977/0171
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 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(77)537 final.
                                                         Brussels , 28 October 1977
                                    Proposal for a
                            / COUNCIL REGULATION ( EEC )
          on the opening , allocation and administration of a Community
          tariff quota for frozen beef and veal falling within subheading
          02.01 A II b ) of the Common Customs Tariff ( 1978 )
                                                /C'A \
                                                           \
                                          /<* C
                      ( submitted to the Council by "the Commission)
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                                      \ t£ -J,
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                                          V. ·' .
                                               χ ·
OM(77 ) 537 final.
 ---pagebreak---                        EXPLANATORY MEMORANDUM
 1.    During the GATT multilateral negotiations the European Economic
Community under s took to open an annual Community tariff quota of
38 500 tonnes of frozen beef and veal , expressed as boned or boneless
meat , falling within subheading 02.01 A II b ) of the Common Customs
Tariff at 20% duty . Compensatory amounts introduced in connection
with fluctuations in exchange rates are to be levied on 16 500 tonnes
of this quota .
2.     Consequently , to meet the Community 's obligations , a regulation
should be adopted before 1 January 1978 on the opening , allocation and
administration of the Community tariff quota in question .
       In this connection , it should be mentioned that , as a result
of the decision to apply the system of monetary compensatory amounts
to a volume of 16 500 tonnes , the Commission has been led in its
proposal to split the total quota volume of 30 500 tonnes into two
parts , one of 22 000 tonnes and the other of 16 500 tonnes , to be
allocated separately among all the Member States
regardless of the fact that the Commission decided , in Commission
Regulation (EEC) No 3187 / 76 of 22 December 1976 ( 1 ) not to apply
the compensatory amount for the quota of 38 500 tonnes .
3.     The Community 's imports of frozen beef and veal from non-member
countries , expressed in tonnes of boned or boneless meat , for the
last three years were as follows :
                              1974                  1975                    1976
                       t        II    7       t             %        t                 %
Bénélux              10 900         8.34 I  5 853         9.65     11 064            9 . 15
Denmark                  452        0.35        468       0.77         599           0.50
Germany              22 208        17       9   319      15.36     31 076          25.69
France               13 363        10.23    4   035       6.65     10 748            8.89
Ireland                    0            0         0             0        0                0
Italy                39 780        30.45   15   234      25 . 1 1  27 888          23.06
United Kingdom       43 922        33.63   25   762      42.46     39 566          32.71
                    130 625                60 671                 120 941
                                                                           i « «/• • •
( 1 ) OJ L 359 , 30.12.1976 , p. 25 .
 ---pagebreak---                                     2 -
      However , during the last three years , importations of frozen and
veal beef have almost exclusively been carried out under the special
regimes ( such as GATT quota ; Exim regime , exchange systems and the
ACP preferential regime ). Therefore , these statistics cannot be
representative of the trend of imports into each Member State . This
is why the Commission proposes to retain for 1978, the participation
percentages agreed by the Council for 1977, except for Ireland which
receives a percentage of 0;01 % in order to retain the Community
character of the quota .
 4.    In view of the relatively high level of the Community tariff quota
 opened initially in relation to import requirements , the Commission
 believes that it would run contrary the Community nature of the quota
 to allocate the tariff volumes in definitive shares to the Member States .
      For this reason , the proposal annexed hereto provides for the
 creation of Community reserves which , even if they are limited to
 10 % of each of the quota volume , will assist in ensuring equal
 access for all importers and in avoiding a possible situation in
which customs preference is no longer applied in one or more Member
 States while it is still applied in others .
 ---pagebreak---                                 Proposal for a
                       COUNCIL REGULATION ( EEC ) ..;./ 77/ /
              on tho opening, allocation and achnini strati on of 'a
               Community tariff quota for frozen "beef and veal
              falling within subheading      02.01 A II b ) . of tho
                          Common Customs Tariff ( 1978 )
THE COUTOIL OP HIE EUROPEAN COMMUNITIES,
Having regard to tho Treaty establishing the European Eoononiio Conmunity,
and in particular Artioles 113 and /r3 thereof ,
Having regard to tho proposal from tho Commission ,
Having rogcuxL to the Opinion of tho European Parliament ,
Whereas in the course of tho GATT foulti lateral • ' negotiations tho
European Eoonomio Community undertook to open oai annual Community tariff
quota at 20^ duty in respect of 38 300       tonnes      of frozen "beef end veal ,
expressed as "boned or boneless meat , falling within subheading 02.01 A II b )
whereas the Community tariff quota in question must therefore be opened on
1 January 1978, the total quota volume of 38 500 tonnes being divided into
two parts according to the tariff arrangements applicable to each ;
1/horoas equal and continuous aooes3 to tho quota should bo ensured for
 all Community importors and tho rate of duty for tho tariff quota
 should "bo appliod regularly . in all Member States to all imports
 of tho product in question until tho quota i3 exhaust cd ;* whereas , in
 tho light of theso principles , arrangements for tho utilization of
tho Community tai'iff quota basod on an allocation among the Member States
would socm to "bo consistent with tho Community nature of tho quota ;
whoroas , in order that it may correspond as olosoly as possiblo to
tho aotual- trend of tho market in tho product in question , allocation
of tho quoiia should bo in proportion to tho requirements of the
Member States as calculated by roforonce to statistics of imports froa
third countrios during a representative rofcrcnco period and to tho
economio outlook for tho quota yoar in quostion ;
 ---pagebreak--- Whereas for the last three years for which statistics are. available ,
imports of frozen beef and veal have "been authorized almost exclusively under
special arrangements , and whereas consequently the statistics cannot "be
considered as sufficiently representative to serve as the basijf for the
allocation of the quota among the Member States ; whereas an estimate
of the import needs    of the Member States for 1978 is difficult to
make because of the changes which have occurred in reoent years ; whereas it is
necessazy , in order to apportion the tariff quota in an equitable way and to
preserve its Community nature^ " to fix at the levels given below
the initial percentage shares of each Member State :
             Bénélux              11.01
             Denmark               0.51
             Germany              19.70
             France                6.96
             Ireland               0.01
             Italy                28.70
             United Kingdom       33.11 ;
 ---pagebreak---                                                          -   •> -
                                               <           .                                 .
      Wheroas , to take account of future trends of imports into the various
      Membor States of tho product under consideration , tho quota volumes should be
      divided into two tranches , the first "being allocated among tho Member
       States and tho second held as a ro3orvc to cover subsequently the
       requirements of Member States , should thoy exhaust their initial sharos ;
      whereas , to givo importers in each Member Stato some degree of •
       certainty, tho first tranche of each Quota , volume should he fixed,
       at approximately 90# of its full amount ;
       Whereas Member States may exhaust their initial Shares at different                         ,
       rates ; whorcas to avoid disruption of supplies on this account it
       should ho provided that any Member Stato which has almost used up ono
       of its initial sharos should draw an additional share from tho
        appropriate 'resorve ; ' whereas each time its additional share is almost
        exhausted a Mombor Stato should drav/ a furthor share , and so on as
        many times a3 tho resorvo allows ; whereas tho initial and additonal
        sharos should "bo valid until tho end of tho quota period ; whorcas this
        form of administration requires close'- collaboration between tho I-Icrrfbor
         States and tho Commission", and the Commission must be in a position
        to keep account of the oxtent to which tho quotas have been - used up" ' ' •
         and to inform tho Member States accordingly ;
        Whoroas if at a given date in tho quota period a considerable quantity
        of a Momber Stato 's initial sharp remains unused , it is essential ,
        to prevent a part of tho tariff quota from remaining unusod in ono
        Membor Stato while it could be used in othors , that such S\ ate should
        return a significant proportion thoroof to tho appropriate - isorvo ;
        Wncreas, pursuant to Article 2 (4) of Commission
        Regulation ( l')l;C) No I9.V75    of 17 January 1975
        laying down common detailed rules for the applica­
       tion of the system of import and export licences and i
       advance fixing certificates for agricultural products,1 - gg last amended by Regulation ( EEC ) No 773/ 77 ,
       import licences authorize the importation of a quan­
       tity exceeding by .S % the quantity indicated therein ; i
       whereas, however, the levy provided for in Article 1 2 i
       of Council Regulation ( liF.C) No 80.5/68   of 27 June ,
        1968 on the common organization of the market in
       beef and veal3ns last amended by Regulation (KEC)
        No 425 / 77 ,should be applied to any quantity
        exceeding that indicated in the licence ;
1 0J No   L  25, 31.1.1975, p. 10
20J  No   L  94, 16.4.1977, p. 5
30J  No   L  148, 28.6.1968, p. 24                                                                 •••/•■■
40J  No   L  61 , 5.3.1977, p. 1
 ---pagebreak---                                                              - 4 -
    Whereas , oinco tho Kingdom of Belgium , tha Kingdom of the Motherlands
    end "tho Grand Duchy of Luxembourg aro \mited within davl Jointly roprcoontod
   "by tho Benelux Economic Union , any transaction in rospect of tho
   administration of • tho share allocated to' " that Economic Union may
  "bo carriod out "by any <Jno of "its meriVborGj
    HAS ADOPTED THIS REGULATION :
                                                 Article 1
 1.     There is hereby          opened in respect         of the period 1 January to 31 December 1978
a Community tariff quota of 38 500 tonnes of frozen beef and veal , expressed as
boned or boneless meat , falling within subheading 02.01 A II b ) of the Common
Customs Tariff .
        For the purpose of charging imports against this quota , 100 kilogrammes of
unboned ( bone-in ) meat shall be taken to be equivalent to 77 kilogrammes of boned
or boneless meat .
2.     Imports of these goods which have been admitted under the benefit of some other
preferential tariff regime shall not be set off against this tariff quota .
3.     The Common Customs Tariff duty for this quota shall be 20% .
4"     Imports of the products concerned shall be
subject to the provisions adopted under Regulation
( EEC) No 974/71 ( ' ), as last amended by Regulation
(EEC) No 557/ 74^), as regards the fluctuation of the
currencies of certain Member States.
                                                        I
                                                         I
5.     For the purpose of applying this Regulation, the
levy fixed in accordance with Article' 12 of Regulation
( EEC) No 805/68 shall, as regards imports effected
under the conditions laid down in Article 2 (4) of
Regulation ( EEC) No 193/75, as last amended by
Regulation ( EEC ) No 773 / 77 , be applied
to any quantities exceeding those indicated
 in the import licence .
( 1 ) 0J No L 106, 12.5.1971 , p. 1
( 2 ) 0J No L 67, 15.3.1976, p. 1 .
 ---pagebreak---                               Article 2
 1.     The quantity of 38 500 tonnes referred to in Article 1(1 ) shall
 be divided into two parts , one of 22 000 tonnes , the other of 16 500
 tonnes . Each one of those parts shall be subdivided into two tranches .
 2.     The first tranches of 20 000 tonnes and 15 000 tonnes respectively
 shall be allocated as follows among the Member States , the shares being ,
 subject to the provisions of Article 5 , valid from 1 January until 31
 December 1978 :
                               Of the 22 000 tonnes     Of the 16 500 tonnes
       Bénélux                    2 202 tonnes             1 652 tonnes
       Denmark                       102 tonnes                77 tonnes
       Germany                    3 940 tonnes             2 955 tonnes
       France                     1 392 tonnes             1 044 tonnes
       Ireland                         2 tonnes                 1 tonne
       Italy                      5 740 tonnes             4 305 tonnes
       United Kingdom             6 622 tonnes             4 966 tonnes
                                 20 000 tonnes            15 000 tonnes
J.     Tho second tranches of 2 000 and 1 500 tonnes         respectively Ghall
constitute tho reserves .
                                   Article 3
1.     As soon as a Member State has used 9 Qfr or more of one of its initial
chares as fixed in Article 2(2), or of that share minus any portion
returned to the appropriate reserve pursuant to tho provisions of
Artiole 5i i"t shall forthwith , "by notifying tho Commission , draw a second
share , to the extont thr.t the appropriate roserve so permit □ , equal to
10<fa of its initial share , rounded up , if necessary, to the next whole number .
2 . As soon as a Kcmber State , having eshraxctccl ono of i'Je
initial shares , has used 90Jo or more of the second share drawn "by it ,
that I-iernber State shall forthwith , in the manner and to the extent
provided in paragraph 1 , draw a third Ghare ecjual to 5i» °f        initial
share .
 ---pagebreak---      3«   As GOO n as a Merabor State , having O^it-axotod ono of ita
. second shares , has used 90$ or uioro of the third share drawn' by it , that
    Member State shall , in tho mann&r and to . -fcho feciant _n,s aforosaiu , draw
, a fourth share oqual to the third .
    It ehall continue in this fashion until the reserve i3 exhausted .
    4.    By way of derogation from paragraphs 1 to 3 , a Member State may draw
    pharos lower than thoao speoifi'ed in those paragraphs if there are grounds
    for "believing that those npecified may not "be used in full .        Any J.Iomber
    Stato applying the provisions . of this paragraph shall inform the Commission
   •of its grounds for so doing.
                                        Article A
    Each of the additional chares drawn pursuant to the provisions of Articlo 3
    shall "be valid until 31 December 1978 .
                            Article 5
     The Her,10 or States shall return to the reserve , not lo.terthan 1 October 197® ,
  ' the unused portion of their ini.tial shareswhicty on 15 September 197 ?, is in
     excess of 20 $ of the initial amount .     They may return a greater portion if
     there are grounds for bolicving thai; such portion may not be UGod in full .
  Member States shall , not later than 1 October 1978 1 notify uhe Commission
    of the total quantities of the produot in question imported up to and
   including 15 September 1978 and charged against tho Community quota and of
 any portion of their initial chares returned to the approriate re servo .
                                       Article 6
 The Commission shall keep an account of the chares opened by the Ilenioor
 States pursuant to the provisions of Articles 2 and 3 and shall , as soon
 as the information reaches it , inform each State of the extent to which
 the reserves have been used up .                                          ../...
 ---pagebreak---                                         - 7 -
  It r.hall , not later than 5 October 1978, inform the Meriber States Oi. the .
  amounts rt-ill in roseive following any return of shares pursuant to
, Article 5 *
  It rjhall ensure that when an amount exhausting a reserve is drawn the amo>uih
  so dravm does not exceed the "balance available , and to this end shall "
  notify the amount of that "balance to the Member State making the last
  drawing.
                                      Article 7
  1*    Every I 'eniber State shall take all appropriate measures to ensure tnat
  additional shareG dravm pursuant to Article 3 ar© opened in such a way that
  importations may be charged i>dthout interruption against its accumulated
  shares of the Community quota. ■
                                                                  l
  2.    It shall ensure that importers of the product in question established
  in its territory have free access to the shares allocated to it ,
  3.    The extent to whioh a Membor State has used up its ohare3 shall be
  det ermined "by refoi-cuoG to the imports      of the product in question
  entered with the customs authorities for homo use .
                                                          ι
                                      Article 8
  On reoeipt of a request from the Commission , the Member States shall
  notify it of the imports effectively charged against their shares .
                                      Article 0
 The Herober States and the Commission shall cooperate closely to ensure
 that this Regulation is complied with .               ,•
    »
                                      Article 10            •
                                                                               ι
                                                     »        >
 Member States shall inform the Commission / within 45 days of the publication
 of this Regulation in the Official Journal of the European Communities , of
 the steps they have taken to implement it .
                                                                       •••/»•m
 ---pagebreak---                                 Article 11
This Regulation shall enter into force oil 1 January 1978 .
This Regulation shall T>e binding in its entirety and directly applicable
in" all Member States . '    '     .
Bono at Brussels , •      '    ■ .                   Por tha ColmoU
         .....                                       The President
 ---pagebreak---                                                     Date :  9 june 1977
FINANCIAL     STATEMENT
1 . Budget line concerned : Ch . 12 Art . 120
2 . Legal basis : Art . 113 and 43 of the Treaty
3. Title of the tariff measure * Proposal for a Council Regulation on the
     opening , allocation and administration of a Community tariff quota
     for frozen beef, and veal falling within subheading 02.01 A II b )
     of the Common Customs Tariff ( 1978 )
4 . Objectives :
    Respect of GATT contractual engagements ,
5 . Method of calculation :
    - Mo of CCT               02.01 A II b )
    - Quota volume            38 500 tonnes
    - Quota duty rate         20%
    - Duty rate CCT           20% + Ρ
6 . Loss of receipts :    67 375 000 UA