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20 . 7 . 73 No L 200/5 Official Journal of the European Communities

REGULATION (EEC) No 1945/73 OF THE COUNCIL of 16 July 1973 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 application of the quota duties to all imports of COMMUNITIES, the animals in question until the quota is exhausted ; whereas, having regard to the prin­ Having regard to the Treaty establishing the European ciples defined above, the Community nature of Economic Community, and in particular Articles 43 the quota can be respected by allocating the and 1 1 3 thereof ; Community tariff quota among the said Member States ; whereas possibilities for the use of such Having regard to the proposal from the Commission ; mountain breeds are, however, limited by special factors, both geographical and zootechnical ; Having regard to the Opinion of the European Parlia­ whereas Germany, France and Italy are the only ment ; Member States which have regions suitable for breeding this kind of cattle ; whereas, however, in Whereas, for bulls, cows and heifers, other than those view of such special factors, the Community intended for slaughter, of certain Alpine breeds falling nature of the tariff quota in question should be within subheading ex 01.02 A II b) 2 of the Common preserved by making provision for requirements Customs Tariff, the European Economic Community which may arise in other Member States ; whereas, has undertaken within the framework of the latest in exceptional cases, the system provided for in multilateral GATT negotiations to open an annual Article 4 of this Regulation enables all such factors Community tariff quota of 5 000 head at a duty of to be taken into account ; whereas, in order to 4 % ; whereas eligibility for such quota is subject to reflect as closely as possible the actual trend of the submission of the following documents : market in question, the initial allocation among the three aforementioned Member States must be — bulls : pedigree, made in proportion to the requirements of each — cows : pedigree or certificate of registration in the one, calculated in accordance with statistical data herdbook certifying purity of breed ; concerning imports from third countries during a representative reference period and with economic Whereas, under Article 60 of the Act (*) concerning prospects for the quota period in question ; the Conditions of Accession and the Adjustments to the Treaties, the new Member States are obliged to apply the Regulations of the common agricultural — it has not, however, been possible until now to policy from 1 February 1 973 onwards ; whereas any standardize the rules applicable in the various requirements which may arise in these Member States Member States as regards supervision of imports of during the quota period under consideration should, animals intended for slaughter, for breeding or for therefore, be taken into account in the Community income ; whereas, moreover, animals of -these tariff quota in question ; whereas the abovementioned specific breeds are not specified in the statistical tariff quota for the period from 1 July 1973 to 30 nomenclatures of the Member States ; whereas, in June 1974 should, therefore, be opened at a duty of such circumstances, the statistical data furnished 4 % for the Community as originally constituted and by Member States in this field cannot be consid­ at a duty corresponding to provisions of the abovemen­ ered to be sufficiently accurate and representative tioned Act for the new Member States ; whereas, on a to be used as a basis for the allocation in question ; temporary basis, different systems should be laid down whereas the extent to which Community tariff for the Member States of the Community as originally constituted on the one hand and the new Member quotas for those animals open until now have been exhausted, and the estimates made by the States on the other ; aforementioned three Member States enable the requirements of each of them as regards imports Whereas, as regards in particular the Member States of from third countries for the quota period en­ the Community as originally constituted : visaged to be assessed as follows : — it is in particular necessary to ensure equal and continuous access for all Community importers to Germany 250 head the abovementioned quota, and the uninterrupted France 120 head (») OJ No L 73 , 27 . 3 . 1972, p . 14 . Italy 4 630 head,

No L 200 / 6 Official Journal of the European Communities 20 . 7 . 73

— in order to take into account the possible trend of — the quota duties should be fixed by the new Member States in accordance with the abovemen­ imports of the aforementioned animals into the said Member States, the quota amount of 5 000 tioned Act, and in particular with Articles 39, 59 head should be divided into two parts, the first and 60 thereof ; part being allocated among Germany, France and — it is necessary to ensure equal and continuous Italy, the second forming a reserve intended access for all importers to the quota and uninter­ subsequently to cover the requirements of those rupted application of the quota duties to all Member States when their initial quota share is imports of the animals in question until the quota exhausted and requirements which may arise is exhausted : within other Member States ; whereas, in order to ensure a certain degree of security for importers in the three aforementioned Member States, the first HAS ADOPTED THIS REGULATION : part of the Community quota should be deter­ mined at a comparatively high level which under the present circumstances may be about 70 % of Article 1 the quota amount ; 1 . During the period from 1 July 1973 to 30 June — the initial quota shares of those Member States 1974, a Community tariff quota of 5 000 head shall be may be used up fairly rapidly ; whereas, in order to opened within the European Economic Community take this fact into account and avoid any break in in respect of the imports from third countries of bulls, continuity, it is important that that Member State cows and heifers, other than those intended for having used up almost the whole of its initial slaughter, of the mottled Simmental breed and the share should draw an additional quota share from Schwyz and Fribourg breeds, falling within the reserve ; whereas this must be done by each of subheading ex 01.02 A II b) 2 of the Common these Member States as and when each of its addi­ Customs Tariff. tional quota shares is almost entirely used up, and repeated as many times as the reserve allows ; 2. This quota shall be divided into two parts, the whereas the initial and additional quota shares first, comprising 3 500 head, being allocated among must be available until the end of the quota certain Member States in accordance with Article 3, period ; whereas such method of administration the second, comprising 1 500 head, constituting the calls for close cooperation between Member States reserve . and the Commission, which must, in particular, be able to observe the extent to which the quota 3 . The said quota shall be administered in accor­ amounts are used and inform Member States dance with the following Articles. thereof ;

— if, at a specified date within the quota period, a Provisions concerning the Member States of the considerable balance remains in favour of one or Community as originally constituted other of the Member States, it is essential that that State should return a considerable part of such Article 2 balance to the reserve in order that part of the Community quota should not remain unused in one Member State while it could be used in Within the framework of the quota referred to in others ; Article 1 ( 1 ), the Common Customs Tariff duty for the animals referred to in the said paragraph shall be — since the Kingdom of Belgium, the Kingdom of suspended at 4 % . the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Article 3 Benelux Economic Union , any measure concerning the administration of the quota shares The first part of 3 500 head shall be allocated among allocated to that Economic Union may be carried the Member States listed below. The quota shares shall out by one of its Members ; apply from 1 July 1973 to 30 June 1974, subject to Article 7, and shall be as follows : Whereas, as regards in particular the new Member States : 175 head Germany France 100 head — the Community nature of the tariff quota in ques­ Italy 3 225 head . tion should be preserved by making provision for any requirements which may arise in these Member States during the quota period ; whereas Article 4 to this end these Member States should be afforded the possibility of making adequate draw­ If requirements arise in the Benelux Economic Union ings from the reserve, the latter being increased for cattle referred to in Article 1 ( 1 ), the latter, repre­ accordingly ; sented by one of its Members, shall draw an adequate

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

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 The Commission shall ensure that any drawing which so far as the reserve permits, equal to 15 % of its exhausts the reserve is limited to the balance available initial quota share, rounded off upwards, if necessary, 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 has been exhausted, 90 % or more of the second quota share drawn by Article 9 one of these Member States has been used up, that Member State shall, in accordance with paragraph 1 , The Member States shall take all measures necessary immediately draw a third quota share equal to 7-5 % to ensure that when additional quota shares are drawn of its initial quota share, rounded off upwards, if neces­ pursuant to Article 4 or 5 it is possible for charges to sary, 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 . be exhausted. They shall inform the Commission of 2. Within the framework of the quota shares thus the grounds which led them to apply this paragraph. drawn from the reserve, the new Member States shall apply a quota duty corresponding to the provisions Article 6 laid down for that purpose in the Act concerning the Conditions of Accession and the Adjustments to the The additional quota shares drawn in pursuance of Treaties . Article 5 shall apply until 30 June 1974.

Article7¶

If, by 5 April 1974, a Member State has not exhausted Article 11 its initial quota share as fixed in Article 3 or as resulting from the application of Article 4, it shall, not 1 . With regard to their quota shares, Member States later than 25 April 1974, return to the reserve the shall lay down the conditions for access to the tariff unused proportion of the quota share in excess of quota in question and shall manage their quota shares 20 % of the initial amount. It may return a larger in accordance with their own administrative provi­ quantity if there are reasons to consider that such sions. They shall ensure free access to the quota shares quantity might not be used up . allocated to them for importers established in their territory. The Member States shall , not later than 25 April 1974, notify the Commission of the total imports of the 2. The extent to which the quota shares of the animals in question effected up to 5 April 1974 inclu­ Member States have been used up shall be recorded sive and charged against the tariff quota and, where on the basis of imports from third countries submitted for customs clearance under cover of declarations that appropriate, the proportion of their initial quota share they return to the reserve . they have been made available for consumption .

20 . 7. 73 No L 200/8 Official Journal of the European Communities

Article12¶

The Member States shall inform the Commission at regular intervals of imports from third countries actu­ ally charged against their quota shares. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Article 13 Communities.

The Member States and the Commission shall coop­ erate closely to ensure that the provisions of this Regu­ lation are observed. 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

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