31972R1465

676 Official Journal of the European Communities

12.7.72 Official Journal of the European Communities No L 156/5

REGULATION (EEC) No 1465/72 OF THE COUNCIL

of 10 July 1972 opening, allocating and providing for the administration of the Community tariff quota of 5000 head of bulls, cows and heifers, 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, kind of cattle ; whereas, however, in view of such special factors, the Community nature of the tariff quota in question should be preserved by making Having regard to the Treaty establishing the European provision for requirements which may arise in other Economic Community ; Member States ; whereas, in exceptional cases, the system provided for in Article 3 of this Regulation Having regard to the proposal from the Commission; enables factors to be taken into • account; whereas, in order to reflect as closely as possible the actual trend "Whereas, for bulls, cows and heifers of certain of the market in question, the initial allocation mountain breeds , other than those intended for among the three aforementioned Member States must slaughter, falling within subheading No ex 01.02 A be made in proportion to the requirements of each II (b) 2 of the Common Customs Tariff, the one, calculated in accordance with statistical data European Economic Community has undertaken concerning imports from third countries during a within the framework of the latest multilateral representative reference period and in accordance GATT negotiations to open an annual Community with economic prospects for the quota year in tariff quota of 5000 head at a duty of 4% ; whereas question . eligibility for this quota is subject to submission of the following documents : Whereas, however, it has not been possible until now — bulls : pedigree ; to standardize the rules applicable in the various — cows : pedigree or certificate of registration in Member States as regards supervision of imports of the herdbook certifying purity of breed ; animals intended for slaughter, for breeding or for income ; whereas, moreover, animals of these specific breeds are not specified in the statistical Whereas the tariff concessions granted within the nomenclatures of the Member States ; whereas, in framework of those negotiations are operative and such circumstances, the statistical data furnished by whereas therefore the Community tariff quota in Member States in this field cannot be considered to question should be opened for the period from 1 July be sufficiently accurate and representative to be used 1972 to 30 June 1973 ; as a basis for the allocation in question; whereas only Italy, which as recently as 1967 was entitled to a Whereas it is in particular necessary to ensure equal national tariff quota of 3000 head of these animals at and continuous access for all Community importers a duty of 2-4% , was able to record imports of 6254 to the abovementioned quota, and the uninterrupted head from third countries during that year; whereas application of the rate laid down for that quota to all the extent to which the Community tariff quotas imports of the animals in question into all Member open until now for those animals have been used, States until the quota is used up ; whereas, having and the estimates made by the aforementioned three regard to the principles defined above, the Member States, enable the requirements of each of Community nature of the quota can be respected by - them as regards imports from third countries for the allocating the Community tariff quota among quota period envisaged to be assessed as follows : Member States ; whereas possibilities for the use of such mountain breeds are however limited by special Germany 250 head, factors, both geographical and zootechnical; whereas France 120 head, Germany, France and Italy are the only Member States which have regions suitable for breeding this Italy 4630 head;

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Whereas, in order to take into account the possible heifers, other than those intended for slaughter, of trend of imports of the aforementioned animals into the mottled Simmental breed and the Schwyz and Member States, the quota amount of 5000 head Fribourg breeds, falling within subheading No ex should be divided into two instalments, the first 01.02 A II ( b ) 2 of the Common Customs Tariff, instalment being allocated among Germany, France shall be fixed at 4% within the framework of a and Italy, the second forming a reserve intended Community tariff quota of 5000 head. ultimately to cover the requirements of those Member States when their initial quota share is used Article 2 up and requirements which may arise in other Member States; whereas, in order to ensure a certain 1 . A first instalment of 4100 head of that degree of security for importers in the three Community tariff quota shall be allocated among aforementioned Member States, the • first instalment certain Member States ; the quota shares, which, of the Community quota should be determined at a subject to Article 6, shall be available for use from 1 comparatively high level which under the present July 1972 to 30 June 1973 , shall, for those Member circumstances may be about 80% of the quota States, be the quantities shown below : amount ; "Whereas the initial quota shares of those Member Germany 200 head, States may be used up fairly rapidly; whereas, in France 100 head, order to take this fact into account and avoid any Italy 3800 head . break in continuity, it is important - that any Member State having used up almost the whole of its initial 2. The second instalment, of 900 head,- shall form quota share should draw an additional quota share the reserve. from the reserve; whereas this must be done by each Member State as and when each of its additional Article 3 quota shares is almost entirely used up, and repeated 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 cattle referred to in Article 1 the latter, represented such method of administration calls for close by one of its Members, shall draw an adequate share cooperation between Member States and the from the reserve, in so far as the reserve permits. Commission, which must, in particular, be able to 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 Member 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 therein, 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 been applied, has been used up, that Member State Whereas, since the Kingdom of Belgium, the shall immediately, by notifying the Commission, Kingdom of the Netherlands and the Grand Duchy of draw a second quota share, in so far as the reserve Luxembourg are united in and represented by the permits, equal to 15% of its initial quota share, Benelux Economic Union, any measures concerning the administration of the shares allocated to that rounded up if necessary to the next higher unit. 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, alter 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 bulls, cows and share equal to the third.

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The same method shall be applied in the same way Article 8 until the reserve is used up . 1 . The Member States referred to in Articles 2 and 4. By way of derogation from paragraphs 1 , 2 and 3 shall lay down, with regard to their quota shares, 3 , each of the Member States may draw quota shares the conditions for access to the tariff quota in lower than those fixed in those paragraphs ' if there question and shall administer their quota shares in are reasons for considering that such quota shares accordance with their own administrative provisions . may not be used up . They shall inform the They shall ensure free access to the quota shares Commission of the grounds on which they have which have been allocated to them for importers applied the provisions of this paragraph. established on their territory.

Article 5 2 . The said Member States shall take all measures necessary to ensure that when additional quota Additional quota shares drawn in pursuance of shares are drawn pursuant to Article 3 or 4 it is Article 4 shall be^available for use until 30 June 1973 . possible for charges to be made without interruption against their accumulated shares of the Community Article 6 tariff quota.

3 . The extent to which the quota shares of If, by 5 April 1973 , a Member State has not used up Member States have been used up shall be recorded its initial quota share as fixed by Article 2 ( 1 ) or as on the basis of imports of the animals in question resulting from the application of Article 3 , it shall, under cover of declarations that they have been not later than 25 April 1973 , return to the reserve the entered into consumption. unused portion of its share in excess of 20% of the initial amount. It may return a larger quantity if there are reasons to consider that such quantity may not be Article 9 used . Member States shall . inform the Commission at The Member States shall, not later than 25 April regular intervals of imports from third countries 1973 , notify the Commission of the total imports of actually charged against their quota shares . the animals in question effected up to 5 April 1973 inclusive and charged against the Community quota and where appropriate, the portion of its initial quota Article 10 share that it returns to the reserve. Member States and the Commission shall cooperate Article 7 closely to see that the provisions of this Regulation are observed. The Commission shall keep account of the amounts of the quota shares opened by Member States in Article 11 accordance with Articles 2, 3 and 4 and shall inform each of them of the extent to which the reserve has The above provisions may be amended to take been used as soon as it receives the notifications . account of the situation resulting from the accession of new Member States . The Commission shall, not later than 1 May 1973 , notify Member States of the amount in the reserve Article 12 after the. return of quota shares pursuant to Article 6.

The Commission shall ensure that the drawing which This Regulation shall enter into force on the day of uses up the reserve is limited to the balance available its publication in the Official Journal of the and, for this purpose, shall specify the amount European Communities. . thereof to the Member State which makes the final drawing. 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 Council The President

N. SCHMELZER