CELEX: 31973R1945
Language: en
Date: 1973-07-16 00:00:00
Title: Regulation (EEC) No 1945/73 of the Council of 16 July 1973 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

20 . 7 . 73                          Official Journal of the European Communities                           No L 200/5
                             REGULATION (EEC) No 1945/73 OF THE COUNCIL
                                                     of 16 July 1973
              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
                                                                   application of the quota duties to all imports of
COMMUNITIES,                                                       the animals in question until the quota is
                                                                   exhausted ; whereas, having regard to the prin­
Having regard to the Treaty establishing the European              ciples defined above, the Community nature of
Economic Community, and in particular Articles 43                  the quota can be respected by allocating the
and 1 1 3 thereof ;                                                Community tariff quota among the said Member
                                                                   States ; whereas possibilities for the use of such
Having regard to the proposal from the Commission ;                mountain breeds are, however, limited by special
                                                                   factors, both geographical and zootechnical ;
Having regard to the Opinion of the European Parlia­               whereas Germany, France and Italy are the only
ment ;                                                             Member States which have regions suitable for
                                                                   breeding this kind of cattle ; whereas, however, in
Whereas, for bulls, cows and heifers, other than those             view of such special factors, the Community
intended for slaughter, of certain Alpine breeds falling           nature of the tariff quota in question should be
within subheading ex 01.02 A II b) 2 of the Common                 preserved by making provision for requirements
Customs Tariff, the European Economic Community                    which may arise in other Member States ; whereas,
has undertaken within the framework of the latest
                                                                   in exceptional cases, the system provided for in
multilateral GATT negotiations to open an annual                   Article 4 of this Regulation enables all such factors
Community tariff quota of 5 000 head at a duty of                  to be taken into account ; whereas, in order to
4 % ; whereas eligibility for such quota is subject to             reflect as closely as possible the actual trend of the
submission of the following documents :                            market in question, the initial allocation among
                                                                   the three aforementioned Member States must be
— bulls : pedigree,
                                                                   made in proportion to the requirements of each
— cows : pedigree or certificate of registration in the            one, calculated in accordance with statistical data
     herdbook certifying purity of breed ;                         concerning imports from third countries during a
                                                                   representative reference period and with economic
Whereas, under Article 60 of the Act (*) concerning                prospects for the quota period in question ;
the Conditions of Accession and the Adjustments to
the Treaties, the new Member States are obliged to
apply the Regulations of the common agricultural
policy from 1 February 1 973 onwards ; whereas any             — it has not, however, been possible until now to
requirements which may arise in these Member States                standardize the rules applicable in the various
during the quota period under consideration should,                Member States as regards supervision of imports of
therefore, be taken into account in the Community                  animals intended for slaughter, for breeding or for
tariff quota in question ; whereas the abovementioned              income ; whereas, moreover, animals of -these
tariff quota for the period from 1 July 1973 to 30                 specific breeds are not specified in the statistical
June 1974 should, therefore, be opened at a duty of                nomenclatures of the Member States ; whereas, in
                                                                   such circumstances, the statistical data furnished
4 % for the Community as originally constituted and
at a duty corresponding to provisions of the abovemen­             by Member States in this field cannot be consid­
tioned Act for the new Member States ; whereas, on a               ered to be sufficiently accurate and representative
temporary basis, different systems should be laid down             to be used as a basis for the allocation in question ;
for the Member States of the Community as originally               whereas the extent to which Community tariff
constituted on the one hand and the new Member                     quotas for those animals open until now have
States on the other ;                                              been exhausted, and the estimates made by the
                                                                   aforementioned three Member States enable the
Whereas, as regards in particular the Member States of             requirements of each of them as regards imports
the Community as originally constituted :                          from third countries for the quota period en­
                                                                   visaged to be assessed as follows :
— it is in particular necessary to ensure equal and
     continuous access for all Community importers to
     the abovementioned quota, and the uninterrupted                      Germany                    250 head
                                                                          France                      120 head
(») OJ No L 73, 27. 3 . 1972, p. 14.                                      Italy                    4 630 head,
 ---pagebreak--- No L 200/6                         Official Journal of the European Communities                                 20 . 7. 73
— in order to take into account the possible trend of        — the quota duties should be fixed by the new
    imports of the aforementioned animals into the                Member States in accordance with the abovemen­
    said Member States, the quota amount of 5 000                 tioned Act, and in particular with Articles 39, 59
    head should be divided into two parts, the first              and 60 thereof ;
    part being allocated among Germany, France and
    Italy, the second forming a reserve intended             — it is necessary to ensure equal and continuous
    subsequently to cover the requirements of those               access for all importers to the quota and uninter­
    Member States when their initial quota share is               rupted application of the quota duties to all
    exhausted and requirements which may arise                    imports of the animals in question until the quota
                                                                  is exhausted :
    within other Member States ; whereas, in order to
    ensure a certain degree of security for importers in
    the three aforementioned Member States, the first
    part of the Community quota should be deter­              HAS ADOPTED THIS REGULATION :
    mined at a comparatively high level which under
    the present circumstances may be about 70 % of                                    Article 1
    the quota amount ;
                                                              1 . During the period from 1 July 1973 to 30 June
— the initial quota shares of those Member States             1974, a Community tariff quota of 5 000 head shall be
    may be used up fairly rapidly ; whereas, in order to      opened within the European Economic Community
     take this fact into account and avoid any break in       in respect of the imports from third countries of bulls,
    continuity, it is important that that Member State        cows and heifers, other than those intended for
     having used up almost the whole of its initial           slaughter, of the mottled Simmental breed and the
     share should draw an additional quota share from         Schwyz and Fribourg breeds, falling within
     the reserve ; whereas this must be done by each of       subheading ex 01.02 A II b) 2 of the Common
     these Member States as and when each of its addi­
                                                              Customs Tariff.
     tional quota shares is almost entirely used up, and
     repeated as many times as the reserve allows ;           2. This quota shall be divided into two parts, the
     whereas the initial and additional quota shares          first, comprising 3 500 head, being allocated among
     must be available until the end of the quota             certain Member States in accordance with Article 3,
     period ; whereas such method of administration           the second, comprising 1 500 head, constituting the
     calls for close cooperation between Member States        reserve .
     and the Commission, which must, in particular, be
     able to observe the extent to which the quota            3 . The said quota shall be administered in accor­
     amounts     are used   and  inform   Member    States    dance with the following Articles.
     thereof ;
— if, at a specified date within the quota period, a          Provisions concerning the Member States of the
     considerable balance remains in favour of one or
                                                                      Community as originally constituted
     other of the Member States, it is essential that that
     State should return a considerable part of such
     balance to the reserve in order that part of the                                  Article 2
      Community quota should not remain unused in
      one Member State while it could be used in              Within the framework of the quota referred to in
      others ;                                                Article 1 ( 1 ), the Common Customs Tariff duty for the
                                                               animals referred to in the said paragraph shall be
— since the Kingdom of Belgium, the Kingdom of                 suspended at 4 % .
      the Netherlands and the Grand Duchy of Luxem­
      bourg are united in and represented by the                                       Article 3
      Benelux      Economic     Union, any measure
      concerning the administration of the quota shares        The first part of 3 500 head shall be allocated among
      allocated to that Economic Union may be carried          the Member States listed below. The quota shares shall
      out by one of its Members ;                              apply from 1 July 1973 to 30 June 1974, subject to
                                                               Article 7, and shall be as follows :
 Whereas, as regards in particular the new Member
 States :                                                                Germany                      175 head
                                                                          France                      100 head
 — the Community nature of the tariff quota in ques­
                                                                          Italy                    3 225 head.
      tion should be preserved by making provision for
      any requirements which may arise in these
      Member States during the quota period ; whereas                                  Article 4
      to   this end   these  Member    States  should   be
      afforded the possibility of making adequate draw­        If requirements arise in the Benelux Economic Union
      ings from the reserve, the latter being increased        for cattle referred to in Article 1 ( 1 ), the latter, repre­
      accordingly ;                                            sented by one of its Members, shall draw an adequate
 ---pagebreak--- 20 . 7 . 73                         Official Journal of the European Communities                           No L 200/7
quota share from the reserve, in so far as the reserve                                Article 8
permits.
                                                              The Commission shall keep accounts on the amounts
                                                              of the quota shares opened by Member States in accor­
                         Article 5                            dance with Articles 3, 4 and 5 and shall inform each
                                                              of them of the extent to which the reserve has been
1.     If 90 % or more of the initial quota share of one      exhausted as soon as it receives the notifications.
of the Member States referred to in Article 3, or of
that quota share less the amount returned to the              The Commission shall, not later than 1 May 1974,
reserve, where Article 7 has been applied, has been           notify Member States of the amount in the reserve
used up, that Member State shall immediately, by noti­        after the return of quota shares pursuant to Article 7.
fying the Commission, draw a second quota share, in
so far as the reserve permits, equal to 15 % of its           The Commission shall ensure that any drawing which
                                                              exhausts the reserve is limited to the balance available
initial quota share, rounded off upwards, if necessary,
to the next unit.                                             and, to this end, shall specify the amount thereof to
                                                              the Member State making the last drawing.
2. If, after the initial quota has been exhausted,
90 % or more of the second quota share drawn by                                      Article 9
one of these Member States has been used up, that
Member State shall, in accordance with paragraph 1 ,          The Member States shall take all measures necessary
immediately draw a third quota share equal to 7-5 %           to ensure that when additional quota shares are drawn
of its initial quota share, rounded off upwards, if neces­    pursuant to Article 4 or 5 it is possible for charges to
sary, to the next unit.                                       be made without interruption against their accumu­
                                                              lated shares of the Community quota.
3. If, after the second quota share has been
exhausted, 90 % or more of the third share drawn by
one of these Member States has been used up, that               Provisions concerning the new Member States
Member State shall, in accordance with paragraph 1 ,
draw a fourth quota equal to the third.
                                                                                     Article 10
The same method shall be applied in the same way
until the reserve is exhausted .                               1 . If requirements arise in the new Member States
                                                              for the cattle referred to in Article 1 ( 1 ) and falling
4. By way of derogation from paragraphs 1 , 2 and             within subheading ex 01.02 A II b) 2 of the tariffs of
3, each of these Member States may draw quota shares          the new Member States, the latter shall draw an
lower than those fixed in these paragraphs if there are       adequate quota share from the reserve, in so far as this
reasons to consider that such quota shares might not          reserve permits.
be exhausted. They shall inform the Commission of
the grounds which led them to apply this paragraph.           2.     Within the framework of the quota shares thus
                                                              drawn from the reserve, the new Member States shall
                                                              apply a quota duty corresponding to the provisions
                         Article 6                            laid down for that purpose in the Act concerning the
                                                              Conditions of Accession and the Adjustments to the
The additional quota shares drawn in pursuance of             Treaties .
Article 5 shall apply until 30 June 1974.
                         Article 7                                 Provisions concerning all Member States
If, by 5 April 1974, a Member State has not exhausted                                Article 11
its initial quota share as fixed in Article 3 or as
resulting from the application of Article 4, it shall, not     1 . With regard to their quota shares, Member States
later than 25 April 1974, return to the reserve the           shall lay down the conditions for access to the tariff
unused proportion of the quota share in excess of             quota in question and shall manage their quota shares
20 % of the initial amount. It may return a larger            in accordance with their own administrative provi­
quantity if there are reasons to consider that such           sions. They shall ensure free access to the quota shares
quantity might not be used up.                                allocated to them for importers established in their
                                                              territory.
The Member States shall, not later than 25 April 1974,
notify the Commission of the total imports of the             2. The extent to which the quota shares of the
animals in question effected up to 5 April 1974 inclu­        Member States have been used up shall be recorded
sive and charged against the tariff quota and, where          on the basis of imports from third countries submitted
appropriate, the proportion of their initial quota share      for customs clearance under cover of declarations that
they return to the reserve .                                  they have been made available for consumption .
 ---pagebreak--- No L 200/8                         Official Journal of the European Communities                           20 . 7. 73
                       Article 12                                                   Article 14
The Member States shall inform the Commission at
regular intervals of imports from third countries actu­
ally charged against their quota shares.                     This Regulation shall enter into force on the day of its
                                                              publication in the Official Journal of the European
                       Article 13                             Communities.
The Member States and the Commission shall coop­
erate closely to ensure that the provisions of this Regu­
lation are observed.                                          It shall apply from 1 July 1973 onwards.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 16 July 1973.
                                                                          For the Council
                                                                           The President
                                                                         lb FREDERIKSEN
                                                                                          r