CELEX: 31975R1587
Language: en
Date: 1975-06-24 00:00:00
Title: Regulation (EEC) No 1587/75 of the Council of 24 June 1975 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) 2 of the Common Customs Tariff

26. 6. 75                               Official Journal of the European Communities                          No L 163/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                               REGULATION (EEC) No 1587 /75 OF THE COUNCIL
                                                        of 24 June 1975
              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) 2 of the
                                                   Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                        the Community as originally constituted and at a duty
COMMUNITIES,                                                       corresponding to the provisions of the abovemen­
                                                                   tioned Act for the new Member States ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43                  Whereas it is in particular necessary to ensure equal
and 113 thereof ;                                                  and continuous access for all Community importers to
                                                                   the abovementioned quota, and the uninterrupted
Having regard to the proposal from the Commission ;                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
Having regard to the Opinion of the European Parlia­               above, the Community nature of the quota can be
ment (') ;                                                         respected by allocating the Community tariff quota
                                                                   among the Member States ; whereas possibilities for
Whereas the European Economic Community under­                     the use of such mountain breeds are, however, limited
took within the framework of the GATT to open an                   by special factors, both geographical and zootech­
annual Community tariff quota of 20 000 head at a                  nical ; whereas the Benelux countries and Denmark
duty of 6 % for heifers and cows other than those                  do not have regions suitable for breeding this kind of
intended for slaughter of certain mountain breeds                  cattle ; whereas, however in view of such special
falling within subheading ex 01.02 A II b) 2 of the                factors, the Community nature of the tariff quota in
Common Customs Tariff ; whereas eligibility for such               questiori should be preserved by making provision for
quota is subject to conditions to be determined by the             requirements which may arise in these Member
competent authorities of the Member State of destina­              States ; whereas, to this end, these Member States may
tion ; whereas, in an exchange of letters with Austria             proceed to draw adequate shares from the Community
dated 21 July 1972, the Community has undertaken                   reserve which has been set up ; whereas, in order to
unilaterally to increase the size of the tariff quota from         reflect as closely as possible the actual trend of the
20 000 to 30 000 head and to lower the quota duty                  market in question, the initial allocation must be
from 6 % to 4 % ;                                                  made in proportion to the requirements of each of the
                                                                   Member States concerned , calculated in accordance
                                                                   with statistical data concerning imports from third
Whereas, under Article 60 of the Act (2) concerning                countries during a representative reference period and
the conditions of accession and the adjustments to the             with economic prospects for the quota period in ques­
Treaties, the new Member States are obliged to apply               tion ;
the Regulations of the common agricultural policy
from 1 February 1973 onwards ; whereas, therefore,
any requirements which may arise in these Member                   Whereas, since the animals in question belong to
States during the quota period under consideration                 certain specific breeds which are not specified as such
should be taken into account in the Community tariff               in the statistical nomenclatures of the Member States,
quota in question ; whereas the abovementioned tariff              no data on imports provided by the Member States
quota for the period from 1 July 1975 to 30 June                   could be considered to be sufficiently accurate and
 1976 should therefore be opened at a duty of 4 % for              representative to be used as a basis for the allocation
                                                                   in question ; whereas the extent to which Community
(>) OJ No C 128 , 9 . 6 . 1975, p. 36 .                            tariff quotas for those animals in the Community as
(-') OJ No L 73 , 27. 3 . 1972, p . 14.                            originally constituted have been exhausted, and the
 ---pagebreak--- No L 163/2                        Official Journal of the European Communities                             26 . 6 . 75
estimates made by certain Member States enable the          the administration of the shares allocated to that
requirements of each of them as regards imports from        Economic Union may be carried out by one of its
third countries for the quota period envisaged to be        Members,
assessed as follows :
         Benelux                      1 500 head,
                                                            HAS ADOPTED THIS REGULATION :
         Germany                    10 000 head,
         France                       3 900 head,
         Italy                       6 100 head ;                                    Article 1
whereas, in the absence of precise information the           1 . During the period from 1 July 1975 to 30 June
needs of the United Kingdom and Ireland may be               1976, a Community tariff quota of 30 000 head shall
assessed at 300 and 200 head ;                              be opened within the European Economic Commu­
                                                            nity in respect of the imports from third countries of
Whereas, in order to take into account the possible         cows and heifers, other than those intended for
trend of imports of the aforementioned animals into         slaughter, of the following mountain breeds : grey,
the said Member States, the quota amount of 30 000          brown, yellow and mottled Simmental breed and
head should be divided into two parts, the first being      mottled Pinzgau breed, falling within subheading ex
allocated among certain Member States, the second           01.02 A II b) 2 of the Common Customs Tariff.
forming a reserve intended subsequently to cover the
requirements of those Member States when their              2.    For the purposes of this Regulation, the above­
                                                            mentioned cows and heifers shall be considered not
initial shares are exhausted and requirements which
may arise within other Member States ; whereas in           intended for slaughter if they are not slaughtered
order to ensure a certain degree of security for impor­     within four months following the date of their impor­
                                                            tation .
ters in the aforementioned Member States, the first
part of the Community quota should be determined at
a comparatively high level which under the present          Derogations may, however, be granted in the event of
circumstances may be approximately 60 % of the              an act of God (disease, accident) duly attested by a
quota amount ;
                                                            local authority certificate setting out the reasons for
                                                            the slaughter.
Whereas, the initial shares of those Member States          3 . The said quota shall be administered in accor­
may be used up more or less rapidly ; whereas, in           dance with the following Articles .
order to take this fact into account and avoid any
break in continuity, it is important that that Member
State having used up almost the whole of its initial                                 Article 2
share    should  draw  an  additional   share from  the
reserve ; whereas this must be done by each of these         1 . Within the framework of the quota referred to in
Member States as and when each of its additional            Article 1 ( 1 ), the Common Customs Tariff duty for the
shares is almost entirely used up, and repeated as          animals referred to in the said paragraph shall be
many times as the reserve allows ; whereas the initial      suspended at 4 % .
and additional shares must be available until the end
of the quota period ; whereas such method of adminis­       2. Within the said tariff quota, the new Member
tration calls for close cooperation between Member          States shall apply duties calculated in accordance with
States and the Commission, which must, in particular,       the relevant provisions of the Act of Accession .
be able to observe the extent to which the quota
amounts are used and inform Member States thereof ;
                                                                                     Article 3
Whereas, if, at a specified date within the quota            1 . A first part of 19 000 head shall be allocated
period, a considerable balance of the initial share of      among the Member States listed below. The shares
one or other of the Member States is left over, it is       shall apply from 1 July 1975 to 30 June 1976, subject
essential that that State should return a considerable      to Article 7, and shall be as follows :
part of such balance to the reserve in order that part               Benelux                      1 000 head ,
of the Community tariff quota should not remain
unused in one Member State while it could be used in                 Germany                      8 800 head,
                                                                     France                       3 400 head,
others ;
                                                                     Ireland                        200 head ,
                                                                     Italy                        5 300 head ,
Whereas since the Kingdom            of Belgium, the                 United Kingdom                  300 head .
Kingdom of the Netherlands and     the Grand Duchy of
Luxembourg are united in and        represented by the      2. The second part of 1 1 000 head shall be held as
Benelux Economic Union, any        measure concerning       a Community reserve.
 ---pagebreak--- 26 . 6 . 75                        Official Journal of the European Communities                           No L 163/3
                         Article 4                           The Member States shall, not later than 25 April 1976,
                                                             notify the Commission of the total imports of the
If requirements arise in Denmark for cattle referred to      animals in question effected up to 5 April 1976 inclu­
in Article 1 ( 1 ), this Member State shall draw an          sive and charged against the tariff quota, the amounts
adequate share from the reserve, in so far as the            referred to in the second subparagraph and, where
reserve permits.                                             appropriate, the proportion of their initial share that
                                                             they return to the reserve.
                         Article 5
                                                                                      Article 8
1.     If 90 % or more of the initial quota share of one
of the Member States referred to in Article 3, or of
that share less the amount returned to the reserve,          The Commission shall keep accounts of the amounts
where Article 7 has been applied, has been used up,          of the shares opened by Member States in accordance
                                                             with Articles 3, 4 and 5 and shall inform each of them
that Member State shall immediately, by notifying the        of the extent to which the reserve has been exhausted
Commission, draw a second share, in so far as the
                                                             as soon as it receives the notifications .
reserve permits, equal to 15 % of its initial share,
rounded off upwards, if necessary, to the next unit.
                                                             The Commission shall, not later than 1 May 1976,
2.     If, after the initial share has been exhausted,       notify Member States of the amount in the reserve
90 % or more of the second share drawn by one of             after the return of shares pursuant to Article 7.
these Member States has been used up, that Member
State shall, in accordance with paragraph 1 , immedi­        The Commission shall ensure that any drawing which
ately draw a third share equal to 7-5 % of its initial       exhausts the reserve is limited to the balance available
share, rounded off upwards, if necessary, to the next        and, to this end, shall specify the amount thereof to
unit.                                                        the Member State making the last drawing.
3.     If, after the second share has been exhausted,
90 % or more of the third share drawn by one of                                       Article 9
these Member States has been used up, that Member
State shall, in accordance with paragraph 1 , draw a
                                                             Member States shall take all measures necessary to
fourth share equal to the third .
                                                             ensure that when additional shares are drawn pursuant
The same method shall be applied until the reserve is        to Article 4 or 5 it is possible for imports to be
exhausted .                                                  counted without interruption against their accumu­
                                                             lated shares of the Community quota.
4.     By way of derogation from paragraphs 1 , 2 and
3 , each of these Member States may draw shares lower
than those fixed in these paragraphs if there are                                    Article 10
reasons to consider that such shares might not be
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
The additional shares drawn in pursuance of Article 5        cated to them for importers established in their terri­
shall apply until 30 June 1976.                              tory.
                                                             3.    The extent to which the shares of the Member
                         Article 7
                                                             States have been used up shall be recorded on the
                                                             basis of imports submitted for customs clearance
If, by 5 April 1976, a Member State has not exhausted        under cover of declarations that they have been made
its initial share as fixed in Article 3 or as resulting      available for consumption .
from the application of Article 4, it shall, not later
than 25 April 1976, return to the reserve the unused
proportion of this share in excess of 20 % of the
initial amount .                                                                     Article 11
However, amounts for which import certificates have          Member States shall inform the Commision at regular
been issued but not used shall not be returned to the        intervals of imports actually charged against their
reserve .                                                    shares .
 ---pagebreak--- No L 163/4                         Official Journal of the European Communities                           26. 6 . 75
                       Article 12                                                  Article 13
Member States and the Commission shall cooperate
closely to ensure that the provisions of this Regulation
are observed .                                               This Regulation shall enter into force on 1 July 1975.
             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