CELEX: 51975PC0362
Language: en
Date: 1975-07-14
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for frozen beef and veal falling within subheading No 02.01 A II a) 2 of the Common Customs Tariff (1976) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 362
Vol. 1975/0147
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 ---pagebreak---          COMMISSION OF THE EUROPEAN COMMUNITIES
           i                                 -                   1              !
                                      COM(75)362 final.
                                           x            Brussels , 14 July 1975
                                                                       .. Λ
                                    \ . ι
                                  ■   Proposal for a
                            REGULATION ( EEC ) OF THE COUNCIL  ■
                on the opening, allocation and administration of a Community
                tariff quota for frozen "beef and veal falling within sub­
         heading No 02.01 A II a) 2 of the Common Customs Tariff ( 1976 )
                      ( submitted to the Council "by the Commission)
COM(75 ) 362 final .
 ---pagebreak---                              EXFLMATOHY MEKORAITOUÏÏ
 1•   During the last multilateral GATT negotiations the European Economic
 Community undertook to open an annual Community tariff quota of
 38 500 metric tons of frozen "beef and veal , expressed as "boneless meat ,
falling within subheading No 02.01 A II a) 2 of the Common Customs
Tariff at 20$ duty. Countervailing charges introduced in connection
with fluctuations in exchange rates are to be levied on 16 500 metric
tons of this quota.                                               .
2 . Consequently , to meet' the Community's obligations , a regulation should
be adopted before 1 January 1 976 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 tp apply the system of monetary compensatory amounts to a
volume of 16 500 metrio tons , the Commission ha3 been obliged in its
proposal to split the total quota volume of 3o 500 metric tons into
two parts , one of 22 000 metrio tons and the other of 16 $00 metric tons ,
to be allocated separately among all the Member States in the usual
way .                             .                    •
 ---pagebreak---                                            - 2 -
3.     Imports of frozen "beef and voal from third countries , expressed in
motrio tons of "boneless neat , were as follows over the last few years :
                                   1972                  1973                       1974
                                                                                              %
 Bénélux                       57,56$ 13,28 ) 51,491'           12 . 21    10,900           8.34
 Denmark                           ■ 0     .  0         578
                                                      , 570        0.14         452         0.35
 Germany                       02,735 123.71
                              102,735   123-71    92,734
                                                  92,734        21.98      22,208          17
 France                        45,645 p-O.53 j 34,908              8.28 13,363           • 10.23
  Ireland                              0|     0i          0           0           0             0
  Italy                        73,962 -17.07 j 83,706 | 19.84 j 39,780     39,780 j 30.45  30.45
  United Kingdom              153,437 (35.41. 115 –;
                                                     8, 368' :J 37.55 i1–: 43,922 i 33.63
I
                              433,344            F1 » 785 ;               1130,625
  Consequently , the shares of Member States , calculated on the "basis of
 imports for the years 1972 to 1974 , may be allocated more or less as
  follows :
           ,    '                    '          '  ^      .
                  . Bénélux      v        12*15    :                    ,            ' * ■'
     ! *                                                                '   * ■       «
                    Denmark                0.30                                   ' •
                    Germany               21                     '
                    France                 9 «50
                    Ireland                0.01
                    Italy                 22.04
                    United Kingdom        35
4.      In view of the relatively high level of the Community tariff quota
 opened to begin with in relation to import requirements , the Commission
believes that it would go against the Community nature of the quota .
 to allocate the tariff volumes in definitive shares to the Member States .
 ---pagebreak--- For this reason , the proposal annexed hereto provides for the creation
of Community reserves which , even if they amount to 10$ of each of
the quota volumes , will assist in ensuring equal access for all
importers and in avoiding a situation in which customs preference was
no longer applied in one or more Member States while it was still
applied in others .
 ---pagebreak---                                 Proposal for a
                        REGULATION ( EEC) OP THE COUNCIL
              on the opening, allocation and administration of a
               Community tariff quota for frozen "beef and veal
              falling within subheading No 02.01 A II a) 2 of the
                          Common Customs Tariff ( 1976 )
THE COUNCIL 0F THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 and 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas in the course of the last multilateral GAIT negotiat.     is the
European Economio Community undertook to open an annual Community tariff
quota at 20$ duty in respect of 38.500 metrio tons of frozen "beef and veal ,
expressed as boned meat , falling within Tariff subheading No 02.01 A II a) 2
                   whereas the Community tariff quota in question must there­
fore "be opened on 1 January 197 6 by dividing the total quota volume of
38.500 metrio tons, into two parts according to the tariff arrangements
applicable to eaoh :
                                                                2
Whereas Articles 59. and . 60 of the Act annexed to the Treatyv ' concerning
the aocession of new Member States to the European Economio Community and
to the European Atomio Energy Community, signed on 22 January 1972 , require
the new Member States to apply tho regulations of the common agricultural
policy ftom ; 1 February 1973 , and to align their customs            -
( 1 ) OJ No L 249 » 10 November 1971 » P» "18
( 2) OJ No L 73 , 27 March 1972,
 ---pagebreak---  tariff duties on thoso of the Common Customs Tariff in the manner
 provided in the said Article 59 * whereas the new Member States 1 need
 for imports from third countries in 197 6 must therefore be covered ;
 wherec»s the quota duties to "be applied by the new Member States must
 conform to the Act aforesaid ;
 Whereas equal and continuous access to the quota should be ensured for
 all Community importers and tho rate of duty for the tariff quota
 should be applied consistently in all Member States to all imports
 of the product in question until the quota is exhausted ;* whereas , in
 the light of these principles , arrangements for the utilization of
 the Community tariff quota based on an allocation among the Member States
 v/ould seem to be consistent vdth the Community nature of the quota ;
 whereas , in order that it may correspond as closely as possible to
 the actual' trend of the market in the product in question , allocation
 of tho quota should be in proportion to the requirements of the
 Member States as calculated by reference to statistics of imports from
 third countries during a representative reference period and to the
 economic outlook for the quota year in question ;
 Whereas imports of the product in question from third countries by
 Member States during tho last throe years for which complete statistics
 arc available were as follows :
                                                      "•               " " '"I
                             |      1972          I           1973               j!         1974
                                                                                                !
    " .
                       I
                       I
                           J * i          i
                                          ;
                                            . "L
                                              /°    ^     1t       I
                                                                   1
                                                                                         b
                         |~–           :I
                                                                                    ι
                                                                                                i
                       I
 Bénélux               I I I 57 565 !       13.28 ! 51 491           12.21            10   900  I 8.34
 Denmark                    !     -                          578 |    0.14                 452     0.35
 Germaay                       102 7351   I 23.71 j; 92      734     21.93          , 22 208      17.00
 France                     ! 45 6451I 10.53        | 34     908      o   oQ
                                                                      o %2o           13 363    | 10.23
 Ireland                    l     -    I                                                     0
                                                                                                i     0
                         ι  ι          ι
iltaly                   : | 73 962 17.07 I 83     ιI
                                                             706     19-04            39 780      30.45
 United Kingdom          |: H53
                            i
                                   437 |i   35.41      158 368
                                                                     37.55 | 43            922 ιi 33.63
                                                                                               i!
                                                                                I
                          i j433 344 '                 421 785 ]                  130 625
                          LJ           I                         j             J  l
 ---pagebreak--- V.neroas the above table shows that Ireland made no imports of the
product in question during the three reference years ; whereas provision
must however "be made to cover any import needs which may arise in
that Member State "by allocating it a suitable initial share of the .,
quota volumes concerned !
Whereas , in view of the foregoing and of the foreseeable trend of the
market in the product concerned during the quota year in question ,
the initial percentage shares of Member States may be allocated ,
approsiaately as follows :
                         Bénélux                12.15
                         Denmark                 0.30
                         Gormany .              21.00
                         France                . 9.50
                         Ireland                 0.02
                         Italy               . 22.04
                         United Kingdom         35.00
Whereas , to take account of future trends of imports into the various
Member States of the product under consideration , the quotas should be
divided into two tranches , the first being allocated among the Member
States and the second held as a reserve to cover subsequently the
requirements of Member States , should they exhaust their initial shares ;
whereas , to give importers in each Member State some degree of
certainty, the first tranche of the Community quota should be fixcrd
at approximately 90$ of its full amount ;
    Whereas , to take acoount of future trends of imports into the various
    Member States of the product under consideration, the two parts of the
    quota should each be divided into two tranches , the first being allocated
    among the Member States and the second held as a reserve to cover the
  • subsequent requirements of Member States should' they exhaust their
 • initial shares ; whereas, to give importers in -eaoh Member State some
    degree of certainty, the first* tranche of eaoh part of the quota should
    be fixed at a ^peoified level , that level being in this case some 90%
    of the respective fall amounts ;
    Whereas Member States may exhaust their initial shares at different ,
    rates ; whereas to avoid disruption of supplies on this account it
    should be provided that any Member State whioh has almost used up one
    of its initial shares should draw an additional share from the
 ---pagebreak--- appropriate reserve ; whereas each time its additional share is almost
exhausted a Member State should draw a further share , and so on as
many times as the reservo allows ; whereas the initial and edditonal
shares should be valid until the end of the quota period ; whereas this
form of administration requires close' ; collaboration between the Member
States and the Commission', and the Commission must be in a position
to keep account of the extent to which the quotas have been - used- up" ' ' •
and to inform the Member States accordingly :
Whereas if at a given date in the quota period a considerable quantity
of a Member State 's initial share remains unused , it is essential ,
to prevent a part of the tariff quota from remaining unused in one
Member State while it could be used in others , that such S. ate should
return a significant proportion thereof to the appropriate      ? servc ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united within and jointly represented
by the Benelux Economic Union , any transaction in respect of the
administration of the share allocated to' that Economic Union may
be carried out by any one of its members ;
HAS ADOPTED THIS REGULATION :
                                   Arxicle 1
1 . There is hereby opened in respect of the period 1 January to
31 December 197.6 a Community tariff quota of 38.500 metric tons of frozen
beef and veal , expressed as boned meat/ falling within subheading No
02.01 A II a) 2 of the Gonaon Customs Tariff.
2 . For -$he purpose, of charging imports -against this quota, 100 Icilograames
of unboned meat shall be . taken, to ba equivalent to 77 kilogramcs of boned
mocii/ ø
 ---pagebreak---    Subject to the operation of Article 59 of the Aot of Accession, importations
  under the above-mentioned tariff quota shall be subject to the duty of 20%
  presoribed in 0ommon Customs Tariff and to the provisions adopted under
  Regulation (EEC) 974/71       modified finally by Regulation (EEC ) HO      (2 )
  as regards the fluctuation of the currencies of certain Member States#
                                      Article 2
  The quantity of 38.500 metric tons as specified in Article 1 shall be divided
. into two parts , one of 22.000 metric tons , the other of 16 .500 metrio tons .
  Eaoh one of those parts shall be subdivided into two tranches.
  The first tranche of 20 000 metric tons and 15 000 metric tons respectively
  shall be allocated as follows among the Member States , the shaies being,
  subject as provided in Article 5 > valid from 1 January until 31 December 1975 ?
                                      Prom the part equal to   Prom the part equal to
                                      22 000 metric tons       16 500 metric tons
  Benelux                            2 430 metric tons        1 823 metric tons
  Denmark                                   60 metric tons        45 metrio tons
  Germany                            4 200 metric tons        3 150 metrio tons
  Franoe                             1 9C0 metric tons        1 425 metrio tons
  Ireland                                ' . ï metri o ton         1 metric ton
  Italy                              4 - 409 metric tons      3 306 metrio tons
 United Kingdom     •     -          7 000 metrio tons        5) 250 metric tons
                                    20 000 : metric tons     15 000 metric tons
 ( 1 ) O.J. No L 106 of 12.5.71 , P. 1 .
  ( 2 ) 0.J. No L
 ---pagebreak---    J,     The second, tranches of 2 000 and 1 500 metric tons respectively shall
   constitute the reserves .
                                        Article 3
   1 . As soon as a Member State has used JCffo or more of one of its initial
   chares as fixed in Article 2(2 ), or of that share minus any protion
   returned to the appropriate reserve pursuant to the provisions of
 . Article 5 »     shall forthwith "by notifying the Commission , draw a second,
   share , to the extent that the appropriate reserve so permits , equal to
   1Cifo of its initial share ,    .       .
   2 . As soon as a Member State , having cshs&atocl ono of i'be
   initial shares , has used         or more of the second share drawn "by it , .
   that I-Iember State shall forthwith , in the manner and to the extent
   provided in paragraph 1 , draw a third share equal to 5% of its initial
        ,            »
   share .             .        .    ,
     /
   3.     As soon as a Member State , having ©zhanstsd one of its
   second shares , has used JCffo or more of the third share drawnby it , that
   Member State shall , in        manner and to_ tho ccciont as aforesaid, draw
   a fourth share equal to the third .
   It shall continue in this fashion until the reserve is exhausted .
   4.     By way of derogation from paragraphs 1 to 3 f a Member State may draw
> shares lower than those specified in those paragraphs if there are grounds
   for believing that those specified may not "be used in full . Any Member
   State applying the provisions . of this paragraph shall inform the Commission
  -of its grounds for so doing,                                                   * '
 ---pagebreak---                                    Article 4
 Each, of the additional shares drawn pursuant to the provisions of Article 3
 shall "be valid until 31 December 197^.
                       Article 5  , . *   ■-                 ""
  The Member States shall return to the reserve , not latertlian 1 October 197° , 1
' the unused portion of their initial share whicfy on 15 .September 1975 » is in
  excess of 20 $ of the initial amount . They may return a greater portion if
  there are grounds for believing tha"6 such portion may not be used in full ."
 Member States shall , not later than 1    October 197° j notify the Commission
 of the total quantities of the product in question imported up to and t
 including 15 September 1976 and charged against the Community quota and of
 any portion of their initial shares returned to the approriate reserve .
                                   Article 6
 The Commission shall keep an account of the shares opened by the Member
 States pursuant to the provisions of Articles 2 and 3 a*id shall , as soon
 as the information reaches it , inform each State of the extent to which
 the reserves have been used up .
 it shall , not later than .5 October 1976 » inform the Member States of the .
 amounts still in reserve following any return of shares pursuant to '
 Artide 5 »
 It shall ensure that when an amount exhausting a reserve is drawn the amount
 so drawn 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.
 ---pagebreak---                                        Article 7
1.       Every Member State shall take all appropriate measures to ensure that
additional shares drawn pursuant to Article 3 are opened in such a way that
importations may "be charged without interruption against its accumulated
shares of the Community quota.'
                                   /
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 escter.t to which a Member State has used up its shares shall "be
determined "fay refavertoe cf the importation of the product in question
entered with the customs authorities for home use .
                                       Article 8
 On receipt of a request from the Commission, the Member States shall
 notify it of the importations charged against its shares .
                                       Article 9
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .                                     '
   I                       '         '
     . '                           .   Article 10           • ••' ■
                                                                               ι
This Regulation shall enter into force on 1 January 1976 .
This Regulation shall "be binding in its entirety and directly applicable
in' all Member States .
Done at Brussels , V         ■                            For the Council ,
       . "  «• .
                                                          The President
             - • -.«S •