CELEX: 31974R1845
Language: en
Date: 1974-07-15 00:00:00
Title: Regulation (EEC) No 1845/74 of the Council of 15 July 1974 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

17. 7 . 74                           Official Journal of the European Communities                          No L 194/ 5
                             REGULATION (EEC) No 1845/74 OF THE COUNCIL
                                                     of 15 July 1974
               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                                     by special factors, both geographical and zootech­
COMMUNITIES,                                                    nical ; whereas Benelux countries and Denmark do
                                                                not have regions suitable for breeding this kind of
Having regard to the Treaty establishing the European           cattle ; whereas, however, in view of such special
Economic Community, and in particular Articles 43               factors, the Community nature of the tariff quota in
and 113 thereof ;                                               question should be preserved by making provision for
                                                                requirements which may arise in these Member
Having regard to the proposal from the Commission ;             States ; whereas, in exceptional cases, the system
                                                                provided for in Article 4 of this Regulation enables all
Having regard to the Opinion of the European Parlia­            such factors to be taken into account ; whereas, in
ment ;
                                                                order to reflect as closely as possible the actual trend
Whereas, at the last GATT multilateral negotiations,            of the market in question, the initial allocation must
the European Economic Community undertook to                    be made in proportion to the requirements of each of
                                                                the Member States concerned, calculated in accor­
open an annual Community tariff quota of 5 000 head
at a duty of 4 % for bulls, cows and heifers, other than        dance    with statistical data concerning imports from
those intended for slaughter, of certain Alpine breeds          third    countries during a representative reference
falling within subheading ex 01.02 A II b) 2 of the             period    and with economic prospects for the quota
Common Customs Tariff ; whereas eligibility for such            period   in question ;
quota is subject to submission of the following docu­
ments :
                                                                Whereas, since the animals in question belong to
— bulls : pedigree certificate ;                                certain specific breeds which are not specified as such
                                                                in the statistical nomenclatures of the Member States ,
— female animals : pedigree certificate or certificate          no data on imports provided by the Member States
     of registration in the herdbook, certifying purity of      could be considered to be sufficiently accurate and
     breed ;                                                    representative to be used as a basis for the allocation
Whereas, under Article 60 of the Act (*) concerning             in question ; whereas the extent to which Community
the conditions of accession and the adjustments to the          tariff quotas for those animals, in the Community as
Treaties, the new Member States are obliged to apply            originally constituted, have been exhausted, and the
the regulations of the common agricultural policy               estimates made by certain Member States, enable the
 from 1 February 1973 onwards ; whereas any require­             requirements of each of them as regards imports from
 ments which may arise in these Member States during             third countries for the quota period envisaged to be
                                                                 assessed as follows :
 the quota period under consideration should, there­
 fore, be taken into account in the Community tariff
 quota in question ; whereas the abovementioned tariff                Germany                              250 head
                                                                      France                               120 head
 quota for the period from 1 July 1974 to 30 June
 1975 should, therefore, be opened at a duty of 4 % for               Italy                              4 630 head
 the Community as originally constituted and at a duty
 corresponding to the provisions of the abovemen­                whereas, in the absence of more precise information,
 tioned Act for the new Member States ;                          the needs of the United Kingdom may not be
                                                                 assessed at the present time ; whereas the needs of
 Whereas, it is in particular necessary to ensure equal
                                                                 Ireland may however be assessed at 25 head ;
 and continuous access for all Community importers to
 the abovementioned quota, and the uninterrupted
 application of the quota duties to all imports of the           Whereas, in order to take into account the possible
 animals in question until the quota is exhausted ;              trend of imports of the aforementioned animals into
 whereas, having regard to the principles defined                the said Member States, the quota amount of 5 000
 above, the Community nature of the quota can be                 head should be divided into two parts, the first part
 respected by allocating the Community tariff quota              being allocated among certain Member States, the
 among the Member States ; whereas possibilities for             second forming a reserve intended subsequently to
 the use of such mountain breeds are, however, limited           cover the requirements of these Member States when
                                                                 their initial shares are exhausted and requirements
  ') OJ No L 73, 27 . 3 . 1972, p. 14 .                          which may arise within other Member States ; whereas
 ---pagebreak--- No L 194/6                            Official Journal of the European Communities                               17. 7. 74
in order to ensure a certain degree of security for                                       Article 2
importers in the aforementioned Member States, the
first part of the Community quota should be deter­               1.    Within the framework of the quota referred to in
mined at a comparatively high level which under the             Article 1 ( 1 ), the Common Customs Tariff duty for the
present circumstances may be about 70 % of the                   animals referred to in the said paragraph shall be
quota amount ;
                                                                 suspended at 4 % .
                                                                 2.    The new Member States shall within the said
Whereas, the initial shares of those Member States
may be used up fairly rapidly ; whereas, in order to             tariff quotas apply duties calculated in accordance
take this fact into account and avoid any break in              with the relevant provisions of the Act of Accession .
continuity, it is important that that Member State
having used up almost the whole of its initial share                                      Article 3
should draw an additional share from the reserve ;
whereas this must be done by each of these Member                1 . A first part of 3 425 head shall be allocated
States as and when each of its additional shares is              among the Member States listed below. The shares
almost entirely used up, and repeated as many times              shall apply from 1 July 1974 to 30 June 1975, subject
as the reserve allows ; whereas the initial and addi­            to Article 7, and shall be as follows :
tional shares must be available until the end of the                   Germany                              150  head
quota period ; whereas such method of administration                   France                               100  head
calls for close cooperation between Member States and                  Ireland                               25  head
the Commission, which must, in particular, be able to                  Italy                              3 150  head
observe the extent to which the quota amounts are
used and inform Member States thereof ;                          2.    The second part of 1 575 head shall be held as a
                                                                 Community reserve .
Whereas, if, at a specified date within the quota
period, a considerable balance of the initial share of                                    Article 4
one or other of the Member States is left over, it is
essential that that State should return a considerable           If requirements arise in countries of the Benelux
part of such balance to the reserve in order that part           Economic       Union ,  in   Denmark    or   the   United
of the Community quota shoujd not remain unused                  Kingdom, for cattle referred to in Article 1 ( 1 ), these
in one Member State while it could be used in others ;           Member States shall draw an adequate share from the
Whereas, since the Kingdom of Belgium, the                       reserve, in so far as the reserve permits.
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the                                           Article 5
Benelux Economic Union, any measure concerning                    1.    If 90 % or more of the initial share of one of the
the administration of the shares allocated to that
                                                                 Member States referred to in Article 3 , or of that share
Economic Union may be carried out by one of its                  less the amount returned to the reserve , where Article
members,
                                                                 7 has been applied, has been used up, that Member
                                                                 State shall immediately, by notifying the Commission ,
HAS ADOPTED THIS REGULATION :                                    draw a second share, in so far as the reserve permits,
                                                                 equal to 1 5 % of its initial share, rounded off
                           Article 1                             upwards, if necessary, to the next unit.
 1 . During the period from 1 July 1974 to 30 June               2.     If, after the initial share has been exhausted,
 1975, a. Community tariff quota of 5 000 head shall be          90 % or more of the second share drawn by one of
opened within the European Economic Community                    these Member States has been used up, that Member
in respect of the imports from third countries of bulls,         State shall, in accordance with paragraph 1 , immedi­
cows and heifers, other than those intended for                  ately draw a third share equal to 7-5 % of its initial
slaughter, of the mottled Simmental breed and the                share, rounded off upwards, if necessary, to the next
                                                                 unit.
Schwyz and Fribourg breeds, falling within
subheading ex 01.02 A II b) 2 of the Common                      3.     If, after the second share has been exhausted,
Customs Tariff.
                                                                 90 % or more of the third share drawn by one of
2.     Eligibility for this tariff quota shall be subject to     these Member States has been used up, that Member
the submission :                                                 State shall, in accordance with paragraph 1 , draw a
                                                                 fourth share equal to the third .
— in the case of bulls : of a pedigree certificate ;
— in the case of female animals : of a pedigree certifi­         The same method shall be applied until the reserve is
     cate or certificate of registration in the herdbook,        exhausted .
     certifying purity of breed.
                                                                 4. By way of derogation from paragraphs 1 , 2 and
3. The said quota shall be administrated in accor­               3, each of these Member States may draw shares lower
dance with the following Articles.                               than those fixed in these paragraphs if there are
 ---pagebreak--- 17. 7. 74                          Official Journal of the European Communities                            No L 194/7
reasons to consider that such shares might not be            pursuant to Article 4 or 5 it is possible for imports to
exhausted . They shall inform the Commission of the          be counted without interruption against their accumu­
grounds which led them to apply this paragraph.              lated shares of the Community quota.
                        Article 6
                                                                                        Article 10
Additional shares drawn in pursuance of Article 5
shall apply until 30 June 1975 .                              1 . Member States shall take all measures necessary
                                                             to ensure that the access to the tariff quota in question
                        Article 7                             is restricted to cattle as specified in Article 1 ( 1 ) and
                                                             (2).
If, by 5 April 1975, a Member State has not exhausted
its initial share as fixed in Article 3 or as resulting       2. They shall ensure free access to the shares allo­
from the application of Article 4, it shall, not later       cated to them for importers established in their terri­
than 25 April 1975, return to the reserve the unused          tory.
proportion of the share in excess of 20 % of the
initial amount. It may return a larger quantity if there      3 . Member States shall count the animals in ques­
are reasons to consider that such quantity might not          tion against their shares as the animals are submitted
be used up.                                                   for customs clearance under cover of declarations that
                                                              they have been made available for consumption .
The Member States shall, not later than 25 April 1975,
notify the Commission of the total imports of the             4.    The extent to which the shares of the Member
animals in question effected up to 5 April 1975 inclu­        States have been used up shall be recorded on the
sive and charged against the tariff quota and, where          basis of imports counted as specified in paragraph 3.
appropriate, the proportion of their initial quota share
they return to the reserve .
                                                                                        Article 11
                        Article 8
                                                              Member      States   shall   inform   the Commission      at
The Commission shall keep accounts of the amounts
                                                              regular intervals of imports actually charged against
of the shares opened by Member States in accordance           their shares .
with Articles 3 , 4 and 5 and shall inform each of them
of the extent to which the reserve has been exhausted
as soon as it receives the notifications .                                              Article 12
The Commission shall , not later than 1 May 1975,
notify Member States of the amount in the reserve             Member States and the Commission shall cooperate
after the return of shares pursuant to Article 7.             closely to ensure that the provisions of this Regulation
                                                              are observed .
The Commission shall ensure that any drawing which
exhausts the reserve is limited to the balance available
and, to this end , shall specify the amount thereof to                                   Article 13
the Member State making the last drawing.
                                                             This Regulation shall enter into force on the day of its
                        Article 9                             publication in the Official Journal of the European
                                                              Communities.
The Member States shall take all measures necessary
to   ensure  that when    additional  shares  are drawn       It shall apply from 1 July 1974 onwards .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 15 July 1974.
                                                                           For the Council
                                                                             The President
                                                                          Christian BONNET