lagen.nu
31973R1944

31973R1944

CELEX
31973R1944
Datum
1973-07-16
Källa
eur-lex.europa.eu
Rättsakten gäller inte längreEUR-Lex anger att rättsakten upphörde att gälla 1974-06-30.

20 . 7. 73 Official Journal of the European Communities No L 200/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1944/73 OF THE COUNCIL of 16 July 1973 on the opening, allocation and administration of the Community tariff quota of 30 000 head of heifers and cows other than those intended for slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II b) 2 of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN tioned tariff quota for the period from 1 July 1973 to COMMUNITIES, 30 June 1974 should therefore be opened at a duty of 4 % for the Community as originally constituted and at a duty corresponding to the provisions of the above­ Having regard to the Treaty establishing the European mentioned Act for the new Member States ; whereas, Economic Community, and in particular Articles 43 on a temporary basis, different systems should be laid and 113 thereof ; down for the Member States of the Community as originally constituted on the one hand and the new Member States on the other ; Having regard to the proposal from the Commission ;

Having regard to the Opinion of the European Parlia­ ment ; Whereas, as regards in particular the Member States of the Community as originally constituted : Whereas, for heifers and cows, other than those intended for slaughter of certain mountain breeds falling within subheading ex 01.02 A II b) 2 of the Common Customs Tariff, the European Economic Community has undertaken within the framework of — it is in particular necessary to ensure equal and continuous access for all Community importers to the GATT multilateral negotiations to open an annual Community tariff quota of 20 000 head at a duty of the abovementioned quota, and the uninterrupted application of the quota duties, to all imports of 6 % ; whereas eligibility for such quota is subject to the animals in question until the quota is conditions to be determined by the competent authori­ ties of the Member State of destination ; whereas, in exhausted ; whereas, having regard to the princi­ an exchange of letters with Austria dated 21 July ples defined above, the Community nature of the quota can be respected by allocating the Commu­ 1972, the Community has undertaken unilaterally to nity tariff quota among the said Member States ; increase the size of the tariff quota from 20 000 to whereas possibilities for the use of such mountain 30 000 head and to lower the quota duty from 6 % to 4% ; breeds are, however, limited by special factors, both geographical and zootechnical ; whereas Germany, France and Italy are the only Member Whereas, under Article 60 of the Act (1) concerning States which have regions suitable for breeding the Conditions of Accession and the Adjustments to this kind of cattle ; whereas, however, in view of the Treaties, the new Member States are obliged to such special factors, the Community nature of the apply the Regulations of the common agricultural tariff quota in question should be preserved by policy from 1 February 1973 onwards ; whereas, there­ making provision for requirements which may fore, any requirements which may arise in these arise in other Member States ; whereas, in excep­ Member States during the quota period under consid­ tional cases, the system provided for in Article 4 of eration should be taken into account in the Commu­ this Regulation enables all such factors to be taken nity tariff quota in question ; whereas the abovemen­ into account ; whereas, in order to reflect as closely as possible the actual trend of the market in ques­ (!) OJ No L 73 , 27 . 3 . 1972, p . 14. tion , the initial allocation among the three afore­

No L 200/2 20 . 7. 73 Official Journal of the European Communities

mentioned Member States must be made in — if, at a specified date within the quota period, a proportion to the requirements of each one, calcu­ considerable balance of the initial quota share lated in accordance with statistical data concerning remains in favour of one or other of the Member imports from third countries during a representa­ States, it is essential that that State should return a tive reference period and with economic prospects considerable part of such balance to the reserve in for the quota period in question ; order that part of the Community quota should not remain unused in one Member State while it could be used in others ; — it has not, however, been possible until now to standardize the rules applicable in the various — since the Kingdom of Belgium, the Kingdom of Member States as regards supervision of imports of the Netherlands and the Grand Duchy of Luxem­ animals intended for slaughter, for breeding or for bourg are united and represented by the Benelux income ; whereas, in such circumstances, the statis­ Economic Union, any measure concerning the tical data furnished by Member States in this field administration of the quota shares allocated to that cannot be considered to be sufficiently accurate Economic Union may be carried out by one of its and representative to be used as a basis for the allo­ Members ; cation in question ; whereas the extent to which Community tariff quotas for those animals open Whereas, as regards in particular the new Member until now have been exhausted, and the estimates States : made by the aforementioned three Member States enable the requirements of each of them as — the Community nature of the tariff quota in ques­ regards imports from third countries for the quota tion should be preserved by making provision for period envisaged to be assessed as follows : any requirements which may arise in these Member States during the quota period ; whereas Germany 10 000 head to this end these Member States should be France 3 900 head afforded the possibility of making adequate draw­ Italy 6 100 head, ings from the reserve, the latter being increased accordingly ; — in order to take into account the possible trend of imports of the aforementioned animals into the — the quota duties should be fixed by the new Member States in accordance with the abovemen­ said Member States, the quota amount of 30 000 head should be divided into two parts, the first tioned Act, and in particular with Articles 39, 59 being allocated among Germany, France and Italy, and 60 thereof ; the second forming a reserve intended — it is necessary to ensure equal and continuous subsequently to cover the requirements of those access for all importers to the quota and uninter­ Member States when their initial quota share is rupted application of the quota duties to all exhausted and requirements which may arise within other Member States ; whereas, in order to imports of the animals in question until the quota is exhausted ; ensure a certain degree of security for importers in the three aforementioned Member States, the first part of the Community quota should be deter­ HAS ADOPTED THIS REGULATION : mined at a comparatively high level which under the present circumstances may be 60 % of the quota amount ; Article 1

— the initial quota shares of those Member States 1 . During the period from 1 July 1973 to 30 June may be used up fairly rapidly ; whereas, in order to 1 974, a Community tariff quota of 30 000 head shall take this fact into account and avoid any break in be opened within the European Economic Commu­ continuity, it is important that that Member State nity in respect of the imports from third countries of having used up almost the whole of its initial cows and heifers, other than those intended for share should draw an additional quota share from slaughter, of the grey, brown, yellow and mottled the reserve ; whereas this must be done by each of Simmental breed and Pinzgau breed, falling within these Member States as and when each of its addi­ subheading ex 01.02 A II b) 2 of the Common tional quota shares is almost entirely used up, and Customs Tariff. repeated as many times as the reserve allows ; whereas the initial and additional quota shares 2. This quota shall be divided into two parts, the must be available until the end of the quota first, comprising 1 8 000 head, being allocated among period ; whereas such method of administration certain Member States in accordance with Article 3, calls for close cooperation between Member States the second, comprising 1 2 000 head, constituting the and the Commission , which must, in particular, be reserve . able to observe the extent to which the quota amounts are used and inform Member States 3 . The said quota shall be administered in accor­ thereof ; dance with the following Articles.

20 . 7. 73 No L 200 /3 Official Journal of the European Communities

Provisions concerning the Member States of the be exhausted. They shall inform the Commission of Community as originally constituted the grounds which led them to apply this paragraph.

Article2

Within the framework of the quota referred to in The additional quota shares drawn in pursuance of Article 1 (1 ), the Common Customs Tariff duty for the Article 5 shall apply until 30 June 1974. animals referred to in the said paragraph shall be suspended at 4 % . Article 7

If, by 5 April 1974, a Member State has not exhausted Article 3 its initial quota share as fixed in Article 3 or as resulting from the application of Article 4, it shall, not The first part of 1 8 000 head shall be allocated among later than 25 April 1974, return to the reserve the the Member States listed below. The quota shares shall unused proportion of this quota share in excess of apply from 1 July 1973 to 30 June 1974, subject to Article 7, and shall be as follows : 20 % of the initial amount. It may return a larger quantity if there are reasons to consider that such Germany 9 000 head quantity might not be used up. France 3 500 head Italy 5 500 head . The Member States shall, not later than 25 April 1974, notify the Commission of the total imports of the animals in question effected up to 5 April 1974 inclu­ Article 4 sive and charged against the tariff quota and, where appropriate, the proportion of their initial quota share If requirements arise in the Benelux Economic Union they return to the reserve. for cattle referred to in Article 1 ( 1 ), the latter, repre­ sented by one of its Members, shall draw an adequate quota share from the reserve, in so far as the reserve Article 8 permits. The Commission shall keep accounts on the amounts of the quota shares opened by Member States in accor­ Article 5 dance with Articles 3 , 4 and 5 and shall inform each of them of the extent to which the reserve has been 1 . If 90 % or more of the initial quota share of one exhausted as soon as it receives the notifications . of the Member States referred to in Article 3, or of that quota share less the amount returned to the The Commission shall, not later than 1 May 1974, reserve, where Article 7 has been applied, has been notify Member States of the amount in the reserve used up, that Member State shall immediately, by noti­ after the return of quota shares pursuant to Article 7. fying the Commission, draw a second quota share, in so far as the reserve permits, equal to 15 % of its The Commission shall ensure that any drawing which initial quota share, rounded off upwards, if necessary, exhausts the reserve is limited to the balance available to the next unit . and, to this end, shall specify the amount thereof to the Member State making the last drawing. 2. If, after the initial quota share has been exhausted, 90 % or more of the second quota share Article 9 drawn by one of these Member States has been used up, that Member State shall, in accordance with para­ The Member States shall take all measures necessary graph 1 , immediately draw a third quota share equal to ensure that when additional quota shares are drawn to 7-5 % of its initial quota share, rounded off pursuant to Article 4 or 5 it is possible for charges to upwards, if necessary, to the next unit. be made without interruption against their accumu­ lated shares of the Community quota. 3 . If, after the second quota share has been exhausted, 90 % or more of the third share drawn by one of these Member States has been used up, that Provisions concerning the new Member States Member State shall, in accordance with paragraph 1 , draw a fourth quota equal to the third. Article 10 The same method shall be applied in the same way until the reserve is exhausted . 1 . If requirements arise in the new Member States for the cattle referred to in Article 1 ( 1 ) and falling 4. By way of derogation from paragraphs 1 , 2 and within subheading ex 01.02 A II b) 2 of the tariffs of 3, each of these Member States may draw quota shares the new Member States, the latter shall draw an lower than those fixed in these paragraphs if there are adequate quota share from the reserve, in so far as this reasons to consider that such quota shares might not reserve permits .

No L 200/4 Official Journal of the European Communities 20 . 7. 73

2. Within the framework of the quota shares thus on the basis of imports from third countries submitted drawn from the reserve, the new Member States shall for customs clearance under cover of declarations that apply a quota duty corresponding to the provisions they have been made available for consumption. laid down for that purpose in the Act concerning the Conditions of Accession and the Adjustments to Article 12 the Treaties. Member States shall inform the Commission at regular intervals of imports from third countries actu­ ally charged against their quota shares. Provisions concerning all Member States

Article 13 Article 11 The Member States and the Commission shall coop­ 1 . With regard to their quota shares, Member States erate closely to ensure that the provisions of this Regu­ shall lay down the conditions for access to the tariff lation are observed. quota in question and shall manage their quota shares in accordance with their own administrative provi­ Article 14 sions. They shall ensure free access to the quota shares allocated to them for importers established in their This Regulation shall enter into force on the day of its territory. publication in the Official Journal of the European Communities. 2. The extent to which the quota shares of the Member States have been used up shall be recorded It shall apply from 1 July 1973 onwards.

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

Done at Brussels, 16 July 1973 .

For the Council

The President

lb FREDERIKSEN