31974R3258

No L 349 / 8 Official Journal of the European Communities 28 . 12 . 74

REGULATION ( EEC) No 3258 / 74 OF THE COUNCIL of 19 December 1974 opening , allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II a) 2 of the Common Customs Tariff ( 1975 )

THE COUNCIL OF THE EUROPEAN Whereas, since the tariff quota in question is relatively COMMUNITIES , small , it ought to be possible to provide for a system of allocation based on a single apportionment Having regard to the Treaty establishing the European between the Member States , without thereby dero­ Economic Community ; gating from its Corhmunity nature ; whereas it appears best to leave to each Member State the choice of a Having regard to the proposal from the Commission ; management system for its share of the quota ; Having regard to the Opinion of the European Parlia­ ment ; Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Whereas , in the context of the most recent multilat­ Luxembourg are jointly represented by the Benelux eral GATT negotiations , the European Economic Economic Union , any operation concerning the Community has undertaken to open , at a duty of administration of the quota shares allocated to that 20 % , an annual Community tariff quota of 38 500 economic union may be carried out by any one of its metric tons of frozen beef and veal falling within members ; subheading 02.01 A II a ) 2 of the Common Customs Tariff, expressed as boned or boneless meat ; whereas , Whereas , if at a given date during the quota period it therefore, this Community tariff quota should be is found that a balance of a quota share remains in opened on I January 1975 , while dividing the quan­ one or other Member State , it will be necessary, where tity concerned into two parts according to the tariff appropriate, to re-allocate the amounts which have arrangements applicable to each ; not been used up, in order that they might be used up by other Member States , Whereas Articles 59 and 60 of the Act (') annexed to the Treaty concerning the accession of new Member States to the European Economic Community and to HAS ADOPTED THIS REGULATION : the European Atomic Energy Community , signed on 22 January 1972 , require the new Member States to Article 1 apply the Regulations of the Common Agricultural Policy from 1 February 1973 and to align their 1 . A Community tariff quota for frozen beef and customs tariff duties on those of the Common veal falling within subheading 02.01 A II a ) 2 of the Customs Tariff in accordance with the timetable Common Customs Tariff totalling 38 500 metric tons, provided for in Article 59 ; whereas, therefore , the new expressed as boned or boneless meat , is hereby Member States' needs for imports from third countries opened for 1975 . should be covered in 1975 ; whereas the quota duties 2 . For the purpose of charging imports against this to be applied by the new Member States should conform to the Act of Accession ; quota , 100 kilogrammes of unboned meat shall be taken to be equivalent to . 77 kilogrammes of boned or Whereas equal and continuous access to the quota boneless meat . should be ensured for all Community importers and the rate of levy for the tariff quota should be applied 3 . As regards the quotas allocated to the original consistently in all Member States to all imports of the Member States , the Common Customs Tariff duty product in question until the quota is used up ; applicable shall be 20 % . whereas , in the light of the principles outlined above , 4 . As regards the quota allocated to the new a Community tariff arrangement based on an alloca­ Member States , the duties shall be those calculated in tion between the Member States would seem to accordance with the relevant provisions of the Act of preserve the Community nature of the quota ; whereas Accession . to represent as closely as possible the actual develop­ ment of the market in the product in question the A rt idt 2 allocation should follow proportionately the re­ quirements of the Member States calculated both from 1 . The quantity of 38 500 metric tons referred to in statistics of imports from third countries during a Article 1 shall be divided into two parts , one totalling representative reference period and from the 22 000 metric tons , the other 16 500 metric tons . economic outlook for the tariff in question ; 2 . The two parts referred to in paragraph 1 shall be (') OJ No L 73 , 27 . 3 . 1972, p. 28 . allocated as follows :

28 . 12 . 74 Official Journal of the European Communities No 349 / 9

For the part totalling For the part totalling 22 000 metric tons 16 500 metric tons

Benelux 2 740 metric tons 2 060 metric tons Denmark 115 metric tons 85 metric tons Germany 4 460 metric tons 3 340 metric tons France 1 710 metric tons 1 280 metric tons Ireland 1 metric ton 0 metric ton Italy 5 259 metric tons 3 950 metric tons United Kingdom 7 715 metric tons 5 785 metric tons

22 000 metric tons 16 500 metric tons

3 . Imports of the product concerned shall be Article 5 subject to the provisions adopted under Regulation (EEC) No 974/71 ('), as last amended by Regulation The Member States and the Commission shall coop­ (EEC) No 2497/74 (2), as regards the fluctuation of the erate closely to ensure that this Regulation is currencies of certain Member States . complied with .

Article 3 Article 6 1 . The Member States shall take all appropriate steps to guarantee to importers established within The Commission shall , not later than 1 October 1975, their territories free access to the quota share allotted submit to the Council a report on the quantities for to them . which licences have been delivered in each Member State . 2 . The extent to which the shares of the Member States have been used up shall be verified on the basis The Council, acting by a qualified majority on a pro­ of imports from third countries as the product is posal from the Commission , shall , where appropriate , presented for customs clearance under the declaration re-allocate the amounts which have not been used up . for consumption .

Article 4 Article 7 The Member States shall regularly inform the Commission of imports which have been charged This Regulation shall enter into force on 1 January 1 975 . against their shares .

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

Done at Brussels , 19 December 1974 .

I :or the Council

The Preside »1 J. P. FOURCADE

(') OJ No L 106 , 12 . V 1971 , p. I. (-') OJ No L 268 , 3 . 10 . 1974 , p. 5 .