31972R1464

Official Journal of the European Communities 673

No L 156/2 Official Journal of the European Communities 12.7.72

REGULATION (EEC) No 1464/72 OF THE COUNCIL

of 10 July 1972 opening, allocating and providing for the administration of the Community tariff quota of 20 000 head of heifers and cows, other than those intended for slaughter, of certain mountain breeds falling within subheading No ex 01.02 A II (b) 2 of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , enables all such factors to be taken into account; whereas, in order to reflect as closely as possible the actual trend of the market in question, the initial Having regard to the Treaty establishing the allocation among the three aforementioned Member European Economic Community ; States must be made in proportion to the requirements of each one, calculated in accordance Having regard to the proposal from the Commission ; with statistical data concerning imports from third Whereas, for heifers and cows of certain mountain countries during a representative reference period and breeds, other than those intended for slaughter, with economic prospects for the quota year in falling within subheading No ex 01.02 A II (b) 2 of question . the Common Customs Tariff, the European Economic Community has undertaken within the Whereas, however, it has not been possible until now framework of the multilateral GATT negotiations to to standardize the rules applicable in the various open an annual Community tariff quota of 20 000 Member States as regards supervision of imports of head at a duty of 6% ; whereas eligibility for this animals intended for slaughter, for breeding or for quota is subject to conditions which are to be income ; whereas , in such circumstances, the determined by the competent authorities of the statistical data furnished by Member States in this Member State of destination ; whereas the tariff field cannot be considered to be sufficiently accurate concessions granted within the framework of these and representative to be used as a basis for the negotiations are operative and whereas therefore the allocation in question ; whereas the extent to which tariff quota in question should be opened for the the Community tariff quotas open until now for period from 1 July 1972 to 30 June 1973 ; these animals have been used, and the estimates made by the aforementioned three Member States, enable Whereas it is in particular necessary to ensure equal the requirements of each of them as regards imports and continuous access for all Community importers from third countries for the quota period envisaged to the abovementioned quota, and the uninterrupted to be assessed as follows : ^ application of the rate laid down for that quota to all Germany 10 000 head, imports of the animals in question into all Member States until the quota is used up ; whereas, having France 3 900 head, regard to the principles defined above, the Italy 6 100 head ; Community nature of the quota can be respected by allocating the Community tariff quota among Whereas, in order to take into account the possible Member States ; whereas possibilities for the use of trend of imports of the aforementioned animals into such mountain breeds are however limited by special Member States, the quota amount of 20 000 head factors, both geographical and zootechnical ; whereas should be divided into two instalments, the first Germany, France and Italy are the only Member instalment being allocated among Germany, France States which have regions suitable for breeding this and Italy, the second forming a reserve intended kind of cattle; whereas, however, in view of such ultimately to cover the requirements of those special factors, the Community nature of the tariff Member States when their initial quota share is used quota in question should be preserved by making up and requirements which may arise within other provision for requirements which may arise in other Member States ; whereas, in order to ensure a certain Member States; whereas, in exceptional cases, the degree of security for importers in the three system provided for in Article 3 of this Regulation aforementioned Member States, the first instalment

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of the Community quota should be determined at a certain Member States ; the quota shares, which, comparatively high level which under the present subject to Article 6, shall be available for use from 1 circumstances may be about 70% of the quota July 1972 to 30 June 1973 , shall, for those Member amount ; States, be the quantities shown below :

Whereas the initial quota shares of those Member Germany 7000 head, States may be used up fairly rapidly ; whereas, in France 2750 head, order to take this fact into account and avoid any Italy 4250 head, break in continuity, it is important that any Member State having used up almost the whole of its initial share should draw an additional quota share from 2. The second instalment, of 6000 head, shall the reserve ; whereas this must be done by each form the reserve . Member State as and when each of its additional quota shares is almost . entirely used up, and repeated Article 3 as many times as the reserve allows ; whereas the initial and additional quota shares must be available If a need arises in the Benelux Economic Union for for use until the end of the quota period ; whereas such method of administration calls for close cattle referred to in Article 1 the latter, represented cooperation between Member States and the by one of its Members, shall draw an adequate share Commission, which must, in particular, be able to from the reserve, in so far as the reserve permits. observe the extent to which the quota amounts are The Members of that Economic Union shall take the used and inform Member States thereof; necessary steps to notify importers of this possibility. Whereas if, at a specified date within the quota period, a considerable balance remains in favour of Article 4 one or other of the Memb.er States, it is essential that that State should return a considerable part of such 1 . If 90% or more of the initial quota share of one balance to the reserve in order that part of the of the Member States referred to in Article 2 ( 1 ), as it Community quota should not remain unused in one is determined herein, or of that quota share less the Member State while it could be used in others ; portion returned to the reserve, where Article 6 has Whereas, since the Kingdom of Belgium, the been applied, has been used up, that Member State Kingdom of the Netherlands and the Grand Duchy of shall immediately, by notifying the Commission, Luxembourg are united in and represented by the draw a second quota share, in so far as the reserve Benelux Economic Union, any measure concerning permits, equal to 15% of its initial quota share, the administration of the quota shares allocated to rounded up if necessary to the next higher unit. that Economic Union may be carried out by one of its Members . 2. If, after the initial quota share is used up, 90% or more of the second quota share drawn by one of Whereas, since the tariff quotas in question are valid these Member States is used, that Member State shall, until 30 June 1973 , the system provided for could be in accordance with paragraph 1 , immediately draw a amended . to take account of the accession of new third quota share equal to 7-5% of its initial quota Member States ; share, - rounded up if necessary to the next higher unit. HAS ADOPTED THIS REGULATION : 3 . If, after the second quota share is used up, 90% Article 1 or more of the third quota share drawn by one of these Member States is used, that Member State shall, During the period from 1 July 1972 to 30 June 1973 , in accordance with paragraph 1 , draw a fourth quota the Common Customs Tariff duty on heifers and share equal to the third. cows, other than those intended for slaughter, of the grey, brown, yellow and mottled Simmental breeds The same method shall be applied in the same way and the Pinzgau breed, falling within subheading No until the reserve is used up . ex 01.02 A II ( b ) of the Common Customs Tariff, shall be fixed at 6% within the framework of a 4. By way of derogation from paragraphs 1 , 2 and Community tariff quota of 20 000 head. 3 , each of the Member States may draw quota shares lower than those fixed in those paragraphs if there Article 2 are reasons for considering that such quota shares may not be used up. They shall inform the 1 . A first instalment of 14 000 head of that Commission of the grounds on which they have Community tariff quota shall be allocated among applied the provisions of this paragraph.

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Article 5 accordance with their own administrative provisions . They shall ensure free access to the quota shares which have been allocated to them for importers Additional quota shares drawn in pursuance of Article 4 shall be available for use until 30 June 1973 . established on their territory.

2. The said Member States shall take all measures Article 6 necessary to ensure that when additional quota shares are drawn pursuant to Article 3 or 4 it is If, by 5 April 1973 , a Member State has not used up possible for charges to be made without interruption its initial quota share as fixed by Article 2 ( 1 ) or as against their accumulated shares of the Community resulting from the application of Article 3, it shall, tariff quota . not later than 25 April 1973 , return to the reserve the unused portion of its quota share in excess of 20% of 3 . The extent to which the quota shares of the initial amount. It may return a larger quantity if Member States have been used up shall be recorded there are reasons to consider that such quantity may on the basis of imports of the animals in question not be used . under cover of declarations that they have been The Member States shall, not later than 25 April entered into consumption. 1973 , notify the Commission of the total imports of the animals in question effected up to 5 April 1973 Article 9 inclusive and charged against the Community quota and, where appropriate, the portion of its initial quota share that it returns to the reserve. Member States shall inform the Commission at regular intervals of imports from third countries Article 7 actually charged against their quota shares.

The Commission shall keep account of the amounts Article 10 of the quota shares opened by Member States in accordance with Articles 2, 3 and 4 and shall inform each of them of the extent to which the reserve has Member States and the Commission shall cooperate been used as soon as it receives the notifications . closely to see that the provisions of this Regulation are observed. The Commission shall, not later than 1 May 1973 , notify Member States of the amount in the reserve Article 11 after the return of quota shares pursuant to Article 6.

The Commission shall ensure that the drawing which The above provisions may be amended to take uses up the reserve is limited to the balance available account of the situation resulting from the accession and, for this purpose, shall specify the amount of new Member States . thereof to the Member State which makes the final drawing. Article 12 Article 8 This Regulation shall enter into force on the day of 1 . The Member States referred to in Articles 2 and its publication in the Official Journal of the 3 shall lay down, with regard to their quota shares, European Communities. the conditions for access to the tariff quota in question and shall administer their quota shares in It shall apply from 1 July 1972.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 10 July 1972. For the Commission The President N. SCHMELZER