31974R1845

17 . 7 . 74 Official Journal of the European Communities No L 194/ 5

REGULATION (EEC) No 1845 /74 OF THE COUNCIL of 15 July 1974 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 by special factors, both geographical and zootech­ COMMUNITIES, nical ; whereas Benelux countries and Denmark do not have regions suitable for breeding this kind of Having regard to the Treaty establishing the European cattle ; whereas, however, in view of such special Economic Community, and in particular Articles 43 factors, the Community nature of the tariff quota in and 113 thereof ; question should be preserved by making provision for requirements which may arise in these Member Having regard to the proposal from the Commission ; States ; whereas, in exceptional cases, the system provided for in Article 4 of this Regulation enables all Having regard to the Opinion of the European Parlia­ such factors to be taken into account ; whereas , in ment ; order to reflect as closely as possible the actual trend of the market in question , the initial allocation must Whereas, at the last GATT multilateral negotiations, be made in proportion to the requirements of each of the European Economic Community undertook to the Member States concerned, calculated in accor­ open an annual Community tariff quota of 5 000 head dance with statistical data concerning imports from at a duty of 4 % for bulls, cows and heifers, other than third countries during a representative reference those intended for slaughter, of certain Alpine breeds period and with economic prospects for the quota falling within subheading ex 01.02 A II b) 2 of the period in question ; Common Customs Tariff ; whereas eligibility for such quota is subject to submission of the following docu­ ments : Whereas, since the animals in question belong to certain specific breeds which are not specified as such — bulls : pedigree certificate ; in the statistical nomenclatures of the Member States , — female animals : pedigree certificate or certificate no data on imports provided by the Member States of registration in the herdbook, certifying purity of could be considered to be sufficiently accurate and breed ; representative to be used as a basis for the allocation in question ; whereas the extent to which Community Whereas, under Article 60 of the Act (*) concerning tariff quotas for those animals, in the Community as the conditions of accession and the adjustments to the originally constituted, have been exhausted, and the Treaties, the new Member States are obliged to apply estimates made by certain Member States, enable the the regulations of the common agricultural policy from 1 February 1973 onwards ; whereas any require­ requirements of each of them as regards imports from ments which may arise in these Member States during third countries for the quota period envisaged to be assessed as follows : the quota period under consideration should, there­ fore, be taken into account in the Community tariff quota in question ; whereas the abovementioned tariff Germany 250 head France 120 head quota for the period from 1 July 1974 to 30 June 1975 should, therefore, be opened at a duty of 4 % for Italy 4 630 head the Community as originally constituted and at a duty corresponding to the provisions of the abovemen­ whereas, in the absence of more precise information, tioned Act for the new Member States ; the needs of the United Kingdom may not be assessed at the present time ; whereas the needs of Whereas, it is in particular necessary to ensure equal Ireland may however be assessed at 25 head ; and continuous access for all Community importers to the abovementioned quota, and the uninterrupted application of the quota duties to all imports of the Whereas, in order to take into account the possible animals in question until the quota is exhausted ; trend of imports of the aforementioned animals into whereas, having regard to the principles defined the said Member States, the quota amount of 5 000 above , the Community nature of the quota can be head should be divided into two parts, the first part respected by allocating the Community tariff quota being allocated among certain Member States, the among the Member States ; whereas possibilities for second forming a reserve intended subsequently to the use of such mountain breeds are, however, limited cover the requirements of these Member States when their initial shares are exhausted and requirements ') OJ No L 73, 27 . 3 . 1972, p. 14 . which may arise within other Member States ; whereas

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in order to ensure a certain degree of security for Article 2 importers in the aforementioned Member States, the 1 . Within the framework of the quota referred to in first part of the Community quota should be deter­ Article 1 ( 1 ), the Common Customs Tariff duty for the mined at a comparatively high level which under the animals referred to in the said paragraph shall be present circumstances may be about 70 % of the suspended at 4 % . quota amount ; 2. The new Member States shall within the said Whereas, the initial shares of those Member States may be used up fairly rapidly ; whereas, in order to tariff quotas apply duties calculated in accordance take this fact into account and avoid any break in with the relevant provisions of the Act of Accession . continuity, it is important that that Member State having used up almost the whole of its initial share Article 3 should draw an additional share from the reserve ; whereas this must be done by each of these Member 1 . A first part of 3 425 head shall be allocated States as and when each of its additional shares is among the Member States listed below. The shares shall apply from 1 July 1974 to 30 June 1975, subject almost entirely used up, and repeated as many times to Article 7, and shall be as follows : as the reserve allows ; whereas the initial and addi­ tional shares must be available until the end of the Germany 150 head quota period ; whereas such method of administration France 100 head calls for close cooperation between Member States and Ireland 25 head the Commission, which must, in particular, be able to Italy 3 150 head observe the extent to which the quota amounts are used and inform Member States thereof ; 2. The second part of 1 575 head shall be held as a Community reserve . Whereas, if, at a specified date within the quota period, a considerable balance of the initial share of Article 4 one or other of the Member States is left over, it is essential that that State should return a considerable If requirements arise in countries of the Benelux part of such balance to the reserve in order that part Economic Union , in Denmark or the United of the Community quota shoujd not remain unused Kingdom, for cattle referred to in Article 1 ( 1 ), these in one Member State while it could be used in others ; Member States shall draw an adequate share from the reserve, in so far as the reserve permits. Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Article 5 Benelux Economic Union, any measure concerning 1 . If 90 % or more of the initial share of one of the the administration of the shares allocated to that Member States referred to in Article 3 , or of that share Economic Union may be carried out by one of its less the amount returned to the reserve , where Article members, 7 has been applied, has been used up, that Member State shall immediately, by notifying the Commission , HAS ADOPTED THIS REGULATION : draw a second share, in so far as the reserve permits, equal to 1 5 % of its initial share, rounded off Article 1 upwards, if necessary, to the next unit.

2 . If, after the initial share has been exhausted, 1 . During the period from 1 July 1974 to 30 June 1975, a. Community tariff quota of 5 000 head shall be 90 % or more of the second share drawn by one of opened within the European Economic Community these Member States has been used up, that Member in respect of the imports from third countries of bulls, State shall, in accordance with paragraph 1 , immedi­ cows and heifers, other than those intended for ately draw a third share equal to 7-5 % of its initial share, rounded off upwards, if necessary, to the next slaughter, of the mottled Simmental breed and the unit . Schwyz and Fribourg breeds, falling within subheading ex 01.02 A II b) 2 of the Common 3 . If, after the second share has been exhausted, Customs Tariff. 90 % or more of the third share drawn by one of 2. Eligibility for this tariff quota shall be subject to these Member States has been used up, that Member the submission : State shall, in accordance with paragraph 1 , draw a fourth share equal to the third . — in the case of bulls : of a pedigree certificate ; — in the case of female animals : of a pedigree certifi­ The same method shall be applied until the reserve is exhausted . cate or certificate of registration in the herdbook, certifying purity of breed. 4. By way of derogation from paragraphs 1 , 2 and 3. The said quota shall be administrated in accor­ 3, each of these Member States may draw shares lower dance with the following Articles. than those fixed in these paragraphs if there are

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reasons to consider that such shares might not be pursuant to Article 4 or 5 it is possible for imports to exhausted . They shall inform the Commission of the be counted without interruption against their accumu­ grounds which led them to apply this paragraph. lated shares of the Community quota.

Article 6 Article 10 Additional shares drawn in pursuance of Article 5 shall apply until 30 June 1975 . 1 . Member States shall take all measures necessary to ensure that the access to the tariff quota in question Article 7 is restricted to cattle as specified in Article 1 ( 1 ) and (2). If, by 5 April 1975, a Member State has not exhausted its initial share as fixed in Article 3 or as resulting 2. They shall ensure free access to the shares allo­ from the application of Article 4, it shall, not later cated to them for importers established in their terri­ than 25 April 1975, return to the reserve the unused tory . proportion of the share in excess of 20 % of the initial amount. It may return a larger quantity if there 3 . Member States shall count the animals in ques­ are reasons to consider that such quantity might not tion against their shares as the animals are submitted be used up. for customs clearance under cover of declarations that they have been made available for consumption . The Member States shall, not later than 25 April 1975, notify the Commission of the total imports of the 4 . The extent to which the shares of the Member animals in question effected up to 5 April 1975 inclu­ States have been used up shall be recorded on the sive and charged against the tariff quota and, where basis of imports counted as specified in paragraph 3. appropriate, the proportion of their initial quota share they return to the reserve . Article 11 Article 8 Member States shall inform the Commission at The Commission shall keep accounts of the amounts regular intervals of imports actually charged against of the shares opened by Member States in accordance their shares . with Articles 3 , 4 and 5 and shall inform each of them of the extent to which the reserve has been exhausted as soon as it receives the notifications . Article 12 The Commission shall , not later than 1 May 1975, Member States and the Commission shall cooperate notify Member States of the amount in the reserve closely to ensure that the provisions of this Regulation after the return of shares pursuant to Article 7. are observed . The Commission shall ensure that any drawing which exhausts the reserve is limited to the balance available and, to this end , shall specify the amount thereof to Article 13 the Member State making the last drawing. This Regulation shall enter into force on the day of its Article 9 publication in the Official Journal of the European Communities. The Member States shall take all measures necessary to ensure that when additional shares are drawn It shall apply from 1 July 1974 onwards .

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