31974R1844

17. 7 . 74 Official Journal of the European Communities No L 194/ 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 1844/74 OF THE COUNCIL of 15 July 1974 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 the abovementioned quota, and the uninterrupted COMMUNITIES, application of the quota duties, to all imports of the animals in question until the quota is exhausted ; Having regard to the Treaty establishing the European whereas, having regard to the principles defined Economic Community, and in particular Articles 43 above, the Community nature of the quota can be and 113 thereof ; respected by allocating the Community tariff quota Having regard to the proposal from the Commission ; among the Member States ; whereas possibilities for the use of such mountain breeds are , however, limited Having regard to the Opinion of the European Parlia­ by special factors, both geographical and zootech­ ment ; nical ; whereas the Benelux countries and Denmark Whereas, at the last GATT multilateral negotiations do not have regions suitable for breeding this kind of the European Economic Community undertook to cattle ; whereas, however in view of such special open an annual Community tariff quota of 20 000 factors, the Community nature of the tariff quota in head at a duty of 6 % for heifers and cows other than question should be preserved by making provision for those intended for slaughter of certain mountain requirements which may arise in these Member breeds falling within subheading ex 01.02 A II b) 2 of States ; whereas, in exceptional cases, the system the Common Customs Tariff ; whereas eligibility for provided for in Article 4 of this Regulation enables all such quota is subject to conditions to be determined such factors to be taken into account ; whereas, in by the competent authorities of the Member State of order to reflect as closely as possible the actual trend destination ; whereas, in an exchange of letters with of the market in question , the initial allocation must Austria of 21 July 1972, the Community has under­ be made in proportion to the requirements of each of taken unilaterally to increase the size of the tariff the Member States concerned , calculated in accor­ quota from 20 000 to 30 000 head and to lower the dance with statistical data concerning imports from quota duty from 6 to 4 % ; third countries during a representative reference period and with economic prospects for the quota Whereas, under Article 60 of the Act (') concerning 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 policy from 1 February 1973 onwards ; whereas, therefore, any requirements which may arise in these Member Whereas, since the animals in question belong to States during the quota period under consideration certain specific breeds which are not specified as such should be taken into account in the Community tariff in the statistical nomenclatures of the Member States, quota in question ; whereas the abovementioned tariff no data on imports provided by the Member States quota for the period from 1 July 1974 to 30 June could be considered to be sufficiently accurate and 1975 should therefore be opened at a duty of 4 % for representative to be used as a' basis for the allocation the Community as originally constituted and at a duty in question ; whereas the extent to which Community corresponding to the provisions of the abovemen­ tariff quotas for those animals in the Community as tioned Act for the new Member States ; originally constituted have been exhausted, and the Whereas it is in particular necessary to ensure equal estimates made by certain Member States enable the and continuous access for all Community importers to requirements of each of them as regards imports from third countries for the quota period envisaged to be (') OJ No L 73 , 27 . 3 . 1972, p. 14. assessed as follows :

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Germany 10 000 head be opened within the European Economic Commu­ France 3 900 head nity in respect of the imports from third countries of Italy 6 100 head cows and heifers, other than those intended for slaughter, of the grey, brown , yellow and mottled whereas, in the absence of more precise information Simmental breed and Pinzgau breed, falling within the needs of the United Kingdom and Ireland may subheading ex 01.02 A II b) 2 of the Common not be assessed at the present time ; Customs Tariff. Whereas, in order to take into account the possible 2. For the purposes of this Regulation, the above­ trend of imports of the aforementioned animals into mentioned cows and heifers shall be considered not the said Member States, the quota amount of 30 000 intended for slaughter if they are not slaughtered head should be divided into two parts, the first being within four months following the date of their impor­ allocated among certain Member States, the second tation . forming a reserve intended subsequently to cover the requirements of those Member States when their Derogations may, however, be granted in the event of initial shares are exhausted and requirements which an act of God (disease, accident) duly attested by a may arise within other Member States ; whereas in local authority certificate setting out the reasons for order to ensure a certain degree of security for impor­ the slaughter. ters in the aforementioned Member States, the first 3 . The said quota shall be administrated in accor­ part of the Community quota should be determined at dance with the following Articles. a comparatively high level which under the present circumstances may be approximately 60 % of the quota amount ; Article 2 Whereas, the initial shares of those Member States 1 . Within the framework of the quota referred to in may be used up fairly rapidly ; whereas, in order to Article 1 ( 1 ), the Common Customs Tariff duty for the take this fact into account and avoid any break in animals referred to in the said paragraph shall be continuity, it is important that that Member State suspended at 4 % . having used up almost the whole of its initial share should draw an additional share from the reserve ; 2 . The new Member States shall , within the said whereas this must be done by each of these Member tariff quota, apply duties calculated in accordance with States as and when each of its additional shares is the relevant provisions of the Act of Accession . almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial and addi­ tional shares must be available until the end of the Article 3 quota period ; whereas such method of administration 1 . A first part of 17 500 head shall be allocated calls for close cooperation between Member States and among the Member States listed below. The shares the Commission, which must, in particular, be able to shall apply from 1 July 1974 to 30 June 1975, subject observe the extent to which the quota amounts are to Article 7, and shall be as follows : used and inform Member States thereof ; Germany 8 800 head Whereas, if, at a specified date within the quota France 3 400 head period, a considerable balance of the initial share of Italy 5 300 head one or other of the Member States is left over, it is essential that that State should return a considerable 2. The second part of 12 500 head shall be held as part of such balance to the reserve in order that part a Community reserve . of the Community tariff quota should not remain unused in one Member State while it could be used in Article 4 others ; Whereas since the Kingdom of Belgium, the If requirements arise in countries of the Benelux Kingdom of the Netherlands and the Grand Duchy of Economic Union , in Denmark, Ireland or the United Luxembourg are united in and represented by the Kingdom for cattle referred to in Article 1 ( 1 ), these Benelux Economic Union, any measure concerning Member States shall draw an adequate share from the the administration of the shares allocated to that reserve, in so far as the reserve permits . Economic Union may be carried out by one of its members, Article 5

HAS ADOPTED THIS REGULATION : 1 . If 90 % or more of the initial quota share of one of the Member States referred to in Article 3 , or of that share less the amount returned to the reserve, Article 1 where Article 7 has been applied, has been used up, 1 . During the period from 1 July 1974 to 30 June that Member State shall immediately, by notifying the 1975, a Community tariff quota of 30 000 head shall Commission, draw a second share, in so far as the

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reserve permits, equal to 1 5 % of its initial share, The Commission shall, not later than 1 May 1975, rounded off upwards, if necessary, to the next unit. notify Member States of the amount in the reserve after the return of shares pursuant to Article 7.

2. If, after the initial share has been exhausted * The Commission shall ensure that any drawing which 90 % or more of the second share drawn by one of exhausts the reserve is limited to the balance available these Member States has been used up, that Member and, to this end, shall specify the amount thereof to State shall, in accordance with paragraph 1 , immedi­ the Member State making the last drawing. ately draw a third share equal to 7-5 % of its initial share, rounded off upwards, if necessary, to the next unit . Article 9

3 . If, after the second share has been exhausted, Member States shall take all measures necessary to 90 % or more of the third share drawn by one of ensure that when additional shares are drawn pursuant these Member States has been used Up, that Member to Article 4 * or 5 it is possible for imports to be State shall, in accordance with paragraph 1 , draw a counted without interruption against their accumu­ fourth share equal to the third. lated shares of the Community quota.

The same method shall be applied until the reserve is exhausted . Article 10

4. By way of derogation from paragraphs 1 , 2 and 1 . Member States shall take all measures necessary 3, each of these Member States may draw shares lower to ensure that access to the tariff quota in question is than those fixed in these paragraphs if there are restricted to cattle as specified in Article 1 ( 1 ) and (2). reasons to consider that such shares might not be exhausted . They shall inform the Commission of the 2 . They shall ensure free access to the shares allo­ grounds which led them to apply this paragraph . cated to them for importers established in their terri­ tory. Article 6 3 . Member States shall count the animals in ques­ tion against their shares as the animals are submitted The additional shares drawn in pursuance of Article 5 for customs clearance under cover of declarations that shall apply until 30 June 1975. they have been made available for consumption .

4 . The extent to which the shares of the Member Article 7 States have been used up shall be recorded on the basis of imports counted as specified in paragraph 3 . If, by 5 April 1975, a Member State has not exhausted its initial share as fixed in Article 3 or as resulting from the application of Article 4, it shall, not later Article 11 than 25 April 1975, return to the reserve the unused proportion of this share in excess of 20 % of the Member States shall inform the Commission at initial amount. It may return a larger quantity if there regular intervals of imports actually charged against are reasons to consider that such quantity might not their shares . be used up.

The Member States shall, not later than 25 April 1975, Article 12 notify the Commission of the total imports of the animals in question effected up to 5 April 1975 inclu­ sive and counted against the tariff quota and, where Member States and the Commission shall cooperate appropriate, the proportion of their initial share that closely to ensure that the provisions of this Regulation are observed . they return to the reserve .

A rticle 8 Article 13

The Commission shall keep accounts of the amounts This Regulation shall enter into force on the day of its of the shares opened by Member States in accordance publication in the Official Journal of the European with Articles 3 , 4 and 5 and shall inform each of them Communities. of the extent to which the reserve has been exhausted as soon as it receives the notifications . It shall apply from 1 July 1974 onwards .

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

Done at Brussels, 15 July 1974 . For the Council The President

Christian BONNET