CELEX: 31978R1375
Language: en
Date: 1978-06-20 00:00:00
Title: Council Regulation (EEC) No 1375/78 of 20 June 1978 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) of the Common Customs Tariff

24. 6. 78                              Official Journal of the European Communities                         No L 167/5
                                     COUNCIL REGULATION (EEC) No 1375/78
                                                       of 20 June 1978
                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) of the Common
                                                       Customs Tariff
THE COUNCIL OF THE EUROPEAN                                      requirements which may arise in these Member
COMMUNITIES,                                                     States ; whereas, to this end, these Member States may
                                                                 proceed to draw adequate shares from the Community
Having regard to the Treaty establishing the European            reserve which has been set up ; whereas, in order to
Economic Community, and in particular Articles 43                reflect as closely as possible the actual trend of the
and 113 thereof,                                                 market in question, the initial allocation must be
                                                                 made in proportion to the requirements of each of the
                                                                 Member States concerned, calculated in accordance
Having regard to the proposal from the Commission,               with statistical data concerning imports from third
                                                                 countries during a representative reference period and
Having regard to the opinion of the European Parlia­             with economic prospects for the quota period in ques­
                                                                 tion :
ment ('),
Whereas the European Economic Community under­
took within the framework of the GAIT to open an                 Whereas, since the animals in question belong to
annual Community tariff quota of 5 000 head at a                 certain specific breeds which are not specified as such
duty of 4 % for bulls, cows and heifers, other than              in the statistical nomenclatures of the Member States,
those intended for slaughter, of certain Alpine breeds           no data on imports provided by the Member States
falling within , subheading ex 01.02 A II b) of the              could be considered to be sufficiently accurate and
Common Customs Tariff ; whereas eligibility for such             representative to be used as a basis for the allocation
quota is subject to submission of the following docu­            in question ; whereas the extent to which Community
ments :                                                          tariff quotas for those animals, in the Community as
                                                                 originally constituted, have been exhausted, and the
— bulls :                pedigree certificate ;                  estimates made by certain Member States, enable the
— female animals : pedigree certificate or certificate           requirements of each of them as regards imports from
                         of registration in the herdbook,        third countries for the quota period envisaged to be
                                                                 assessed as follows :
                         certifying purity of breed ;
Whereas the abovementioned tariff quota for the                           Germany                       250 head,
period 1 July 1978 to 30 June 1979 should, therefore,                     France                        120 head,
De opened at a duty of 4 % ;                                              Italy                       4 630 head ;
Whereas it is in particular necessary to ensure - equal
and continuous access for all Community importers to             whereas the needs of the United Kingdom and of
 he abovementioned quota, and the uninterrupted                  Ireland may, in the absence of precise information, be
application of the quota duties to all imports of the            assessed at 75 and 25 head respectively ;
unimals in question until the quota is exhausted ;
whereas, having regard to the principles defined
above, the Community nature of the quota can be
 espected by allocating the Community tariff quota               Whereas, in order to take into account the possible
among the Member States ; whereas possibilities for              trend of imports of the aforementioned animals into
 he use of such mountain breeds are, however, limited            the said Member States, the quota amount of 5 000
>y special factors, both geographical and zootech­               head should be divided into two parts, the first part
 nical ; whereas the Benelux countries and Denmark               being allocated among certain Member States, the
 lo not have regions suitable for breeding this kind of          second forming a reserve intended subsequently to
 cattle ; whereas, however, in view of such special              cover the requirements of these Member States when
 actors, the Community nature of the tariff quota in             their initial shares are exhausted and requirements
 question should be preserved by making provision for            which may arise within other Member States ; whereas
                                                                 in order to ensure a certain degree of security for
 ') Opinion delivered on 17. 6. 1978 (not yet published in       importers in the aforementioned Member States, the
    the Official Journal).                                       first part of the Community quota should be deter­
 ---pagebreak--- No L 167/6                           Official Journal of the European Communities                                     24. 6. 78
mined at a comparatively high level which under the                 in the case of
present circumstances may be about 70 % of the                      female animals :         of a pedigree certificate or
quota amount ;                                                                               certificate of registration in the
                                                                                             herdbook, certifying purity of
                                                                                            breed.
Whereas the initial shares of those Member States
may be used up more or less rapidly ; whereas, in
order to take this fact into account and avoid any             3. The said quota shall be administered in accor­
break in continuity, it is important that that Member          dance with the following Articles.
State having used up almost the whole of its initial
share should draw an          additional share from     the    4. For the purpose of applying this Regulation, the
reserve ; whereas this must be done by each of these           levy fixed in accordance with Article 12 of Regulation
Member States as and when each of its additional               (EEC) No 805/68 (*) shall, as regards imports effected
shares is almost entirely used up, and repeated as             under the conditions laid down in Article 2 (4) of
many times as the reserve allows ; whereas the initial         Regulation (EEC) No 193/75 (2), be applied to any
and additional shares must be available until the end          quantities exceeding those indicated in the import
                                                               licence .
of the quota period ; whereas such method of adminis­
tration calls for close cooperation between Member
States and the Commission, which must, in particular,
be able to observe the extent to which the quota                                             Article 2
amounts are used and inform Member States thereof ;
                                                               Within the framework of the quota referred to in
Whereas, if, at a specified date within the quota              Article 1 ( 1 ), the Common Customs Tariff duty for the
period, a considerable balance of the initial share of         animals referred to in the said paragraph shall be
one or other of the Member States is left over, it is          suspended at 4 % .
essential that that State should return a considerable
part of such balance to the reserve in order that part
of the Community quota should not remain unused                                              Article 3
in one Member State while it could be used in others ;
                                                                1 . A first part of 3 500 head shall~'be~aH6caf(ed
Whereas, since the Kingdom of Belgium, the                     among the Member States listed, below. The shares
Kingdom of the Netherlands and the Grand Duchy of              shall apply from 1 July 1978 to 30 June 1979, subject
Luxembourg are united in and represented by the                to Article 7, and shall be as follows :
Benelux Economic Union, any measure concerning
the administration of the shares allocated to that                      Germany                               150  head,
Economic Union may be carried out by one of its                         France                                100  head,
Members,                                                                Ireland                                25  head,
                                                                        Italy                               3 150  head,
                                                                        United Kingdom                         75 head .
                                                               2. The second part of 1 500 head shall be held as a
HAS ADOPTED THIS REGULATION :
                                                               Community reserve.
                                                               3. Imports of the animals concerned shall be
                          Article 1                            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
1 . During the period 1 July 1978 to 30 June 1979,             currencies of certain Member States.
a Community tariff quota of 5 000 head shall be
opened within the European Economic Community
in respect of the imports from third countries of bulls,                                     Article 4
cows and heifers, other than those intended for
slaughter, of the following mountain breeds : the
mottled Simmental breed and the Schwyz and                     If requirements arise in countries of the Benelux
                                                               Economic Union or in Denmark for cattle referred to
Fribourg breeds, falling within subheading ex 01.02 A
II b) of the Common Customs Tariff.                            in Article 1 ( 1 ), these Member States shall draw an
                                                               adequate share from the reserve, in so far as the
                                                               reserve permits.
2.    Eligibility for this tariff quota shall be subject to
the submission :
                                                               (») OJ  No   L  148, 28. 6. 1968, p. 24.
                                                               (2) OJ  No   L  25, 31 . 1 . 1975, p. 10.
— in the case of
                                                               (3) OJ  No   L  106, 12. 5. 1971 , p. 1 .
    bulls :              of a pedigree certificate ;           (4) OJ  No   L  67, 15. 3. 1976, p. 1 .
 ---pagebreak--- 24. 6 . 78                           Official Journal of the European Communities                           No L 167/7
                         Article 5                                                      Article 8
 1.    If 90 % or more of the initial share of one of the      The Commission shall keep account of the amounts
Member States referred to in . Article 3, or of that share     of the shares opened by Member States in accordance
less the amount returned to the reserve, where Article         with Articles 3, 4 and 5 and shall inform each of them
7 has been applied, has been used up, that Member              of the extent to which the reserve has been exhausted
State shall immediately, by notifying the Commission,          as soon as it receives the notification .
draw a second share, in so far as the reserve permits,
equal to 15% of its initial share, rounded off                 The Commission shall, not later than 1 April 1979,
upwards, if necessary, to the next unit.                       notify Member States of the amount in the reserve
                                                               after the return of shares pursuant to Article 7.
2.     If, after the initial share has been exhausted,
90 % or more of the second share drawn by one of               The Commission shall ensure that any drawing which
these Member States has been       used up, that Member        exhausts the reserve is limited to the balance available
State shall, in accordance with     paragraph 1 , immedi­      and, to this end, shall specify the amount thereof to
ately draw a third share equal     to 7-5 % of its initial     the Member State making the last drawing.
share, rounded off upwards, if     necessary, to the next
unit.
                                                                                        Article 9
3.     If, after the second share has. been exhausted,
90 % or more of the third share drawn by one of                The Member States shall take all measures necessary
these Member States has been used up, that Member              to  ensure   that when     additional  shares are drawn
State shall, in accordance with paragraph 1 , draw a           pursuant to Article 4 or 5 it is possible for imports to
fourth share equal to the third.                               be counted without interruption against their accumu­
                                                               lated shares of the Community quota.
The same method shall be applied until the reserve is
exhausted .
                                                                                       Article 10
4.     By way of derogation from paragraphs 1 , 2 and
3, each of these Member States may draw shares lower           1 . Member States shall take all measures necessary
than those fixed in these paragraphs if there are              to ensure that the access to the tariff quota in question
reasons to consider that such shares might not be              is restricted to cattle as specified in Article 1 ( 1 ).
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph.                2. They shall ensure free access to the shares allo­
                                                               cated to them for importers established in their terri­
                         Article 6                             tory.
                                                               3.    The extent to which the shares of the Member
Additional shares drawn in pursuance of Article 5
shall apply until 30 June 1979 .                               States have been used up shall be recorded on the
                                                               basis of imports submitted for customs clearance
                                                               under cover of declarations that they have been made
                         Article 7                             available for consumption .
Member States shall return to the reserve, not later
                                                                                       Article 11
than 25 March 1979, the unused portion of their
initial share in excess, on 5 March 1979, 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
1979, notify the Commission of the total imports of            are observed .
the animals in question effected up to 5 March 1979
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 1978 .
 ---pagebreak--- No L 167/8                    Official Journal of the European Communities                        24. 6. 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Luxembourg, 20 June 1978 .
                                                                    For the Council
                                                                      The President
                                                                      P. DALSAGER