31975R1587

26 . 6 . 75 No L 163 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1587 /75 OF THE COUNCIL

of 24 June 1975

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 Community as originally constituted and at a duty COMMUNITIES , corresponding to the provisions of the abovemen­ tioned Act for the new Member States ;

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 Whereas it is in particular necessary to ensure equal and 113 thereof ; and continuous access for all Community importers to the abovementioned quota, and the uninterrupted application of the quota duties, to all imports of the Having regard to the proposal from the Commission ; animals in question until the quota is exhausted ; whereas, having regard to the principles defined Having regard to the Opinion of the European Parlia­ above, the Community nature of the quota can be ment (') ; respected by allocating the Community tariff quota among the Member States ; whereas possibilities for the use of such mountain breeds are, however, limited Whereas the European Economic Community under­ by special factors, both geographical and zootech­ took within the framework of the GATT to open an nical ; whereas the Benelux countries and Denmark annual Community tariff quota of 20 000 head at a do not have regions suitable for breeding this kind of duty of 6 % for heifers and cows other than those cattle ; whereas, however in view of such special intended for slaughter of certain mountain breeds factors, the Community nature of the tariff quota in falling within subheading ex 01.02 A II b) 2 of the questiori should be preserved by making provision for Common Customs Tariff ; whereas eligibility for such requirements which may arise in these Member quota is subject to conditions to be determined by the States ; whereas, to this end, these Member States may competent authorities of the Member State of destina­ proceed to draw adequate shares from the Community tion ; whereas, in an exchange of letters with Austria reserve which has been set up ; whereas, in order to dated 21 July 1972, the Community has undertaken reflect as closely as possible the actual trend of the unilaterally to increase the size of the tariff quota from market in question, the initial allocation must be 20 000 to 30 000 head and to lower the quota duty from 6 % to 4 % ; made in proportion to the requirements of each of the Member States concerned , calculated in accordance with statistical data concerning imports from third Whereas, under Article 60 of the Act (2 ) concerning countries during a representative reference period and the conditions of accession and the adjustments to the with economic prospects for the quota period in ques­ Treaties, the new Member States are obliged to apply tion ; 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 in the statistical nomenclatures of the Member States, should be taken into account in the Community tariff quota in question ; whereas the abovementioned tariff no data on imports provided by the Member States quota for the period from 1 July 1975 to 30 June could be considered to be sufficiently accurate and 1976 should therefore be opened at a duty of 4 % for representative to be used as a basis for the allocation in question ; whereas the extent to which Community (>) OJ No C 128 , 9 . 6 . 1975, p. 36 . tariff quotas for those animals in the Community as (-') OJ No L 73 , 27. 3 . 1972, p . 14. originally constituted have been exhausted , and the

No L 163/2 26 . 6 . 75 Official Journal of the European Communities

estimates made by certain Member States enable the the administration of the shares allocated to that requirements of each of them as regards imports from Economic Union may be carried out by one of its third countries for the quota period envisaged to be Members, assessed as follows :

Benelux 1 500 head, HAS ADOPTED THIS REGULATION : Germany 10 000 head, France 3 900 head, Italy 6 100 head ; Article 1

whereas, in the absence of precise information the 1 . During the period from 1 July 1975 to 30 June needs of the United Kingdom and Ireland may be 1976, a Community tariff quota of 30 000 head shall assessed at 300 and 200 head ; be opened within the European Economic Commu­ nity in respect of the imports from third countries of cows and heifers, other than those intended for Whereas, in order to take into account the possible slaughter, of the following mountain breeds : grey, trend of imports of the aforementioned animals into brown, yellow and mottled Simmental breed and the said Member States, the quota amount of 30 000 mottled Pinzgau breed, falling within subheading ex head should be divided into two parts, the first being 01.02 A II b) 2 of the Common Customs Tariff. allocated among certain Member States, the second forming a reserve intended subsequently to cover the 2. For the purposes of this Regulation, the above­ requirements of those Member States when their mentioned cows and heifers shall be considered not initial shares are exhausted and requirements which intended for slaughter if they are not slaughtered may arise within other Member States ; whereas in within four months following the date of their impor­ order to ensure a certain degree of security for impor­ tation . ters in the aforementioned Member States, the first part of the Community quota should be determined at Derogations may, however, be granted in the event of a comparatively high level which under the present an act of God (disease, accident) duly attested by a circumstances may be approximately 60 % of the local authority certificate setting out the reasons for quota amount ; the slaughter.

Whereas, the initial shares of those Member States 3 . The said quota shall be administered in accor­ may be used up more or less rapidly ; whereas, in dance with the following Articles . order to take this fact into account and avoid any break in continuity, it is important that that Member Article 2 State having used up almost the whole of its initial share should draw an additional share from the reserve ; whereas this must be done by each of these 1 . Within the framework of the quota referred to in Member States as and when each of its additional Article 1 ( 1 ), the Common Customs Tariff duty for the animals referred to in the said paragraph shall be shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial suspended at 4 % . and additional shares must be available until the end 2. Within the said tariff quota, the new Member of the quota period ; whereas such method of adminis­ States shall apply duties calculated in accordance with tration calls for close cooperation between Member the relevant provisions of the Act of Accession . States and the Commission , which must, in particular, be able to observe the extent to which the quota amounts are used and inform Member States thereof ; Article 3

Whereas, if, at a specified date within the quota 1 . A first part of 19 000 head shall be allocated period, a considerable balance of the initial share of among the Member States listed below. The shares one or other of the Member States is left over, it is shall apply from 1 July 1975 to 30 June 1976, subject essential that that State should return a considerable to Article 7, and shall be as follows : part of such balance to the reserve in order that part Benelux 1 000 head , of the Community tariff quota should not remain Germany 8 800 head, unused in one Member State while it could be used in France 3 400 head, others ; Ireland 200 head , Italy 5 300 head , Whereas since the Kingdom of Belgium, the United Kingdom 300 head . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the 2. The second part of 1 1 000 head shall be held as Benelux Economic Union , any measure concerning a Community reserve .

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Article 4 The Member States shall, not later than 25 April 1976, notify the Commission of the total imports of the If requirements arise in Denmark for cattle referred to animals in question effected up to 5 April 1976 inclu­ in Article 1 ( 1 ), this Member State shall draw an sive and charged against the tariff quota, the amounts adequate share from the reserve, in so far as the referred to in the second subparagraph and, where reserve permits . appropriate, the proportion of their initial share that they return to the reserve .

Article5¶

Article 8 1 . If 90 % or more of the initial quota share of one of the Member States referred to in Article 3 , or of The Commission shall keep accounts of the amounts that share less the amount returned to the reserve, of the shares opened by Member States in accordance where Article 7 has been applied, has been used up, with Articles 3 , 4 and 5 and shall inform each of them that Member State shall immediately, by notifying the of the extent to which the reserve has been exhausted Commission , draw a second share , in so far as the as soon as it receives the notifications . reserve permits, equal to 15 % of its initial share, rounded off upwards, if necessary, to the next unit. The Commission shall, not later than 1 May 1976, 2 . If, after the initial share has been exhausted, notify Member States of the amount in the reserve after the return of shares pursuant to Article 7. 90 % or more of the second share drawn by one of these Member States has been used up, that Member State shall, in accordance with paragraph 1 , immedi­ The Commission shall ensure that any drawing which exhausts the reserve is limited to the balance available ately draw a third share equal to 7-5 % of its initial share, rounded off upwards, if necessary, to the next and, to this end, shall specify the amount thereof to unit . the Member State making the last drawing.

3 . If, after the second share has been exhausted, 90 % or more of the third share drawn by one of Article 9 these Member States has been used up, that Member State shall, in accordance with paragraph 1 , draw a Member States shall take all measures necessary to fourth share equal to the third . ensure that when additional shares are drawn pursuant to Article 4 or 5 it is possible for imports to be The same method shall be applied until the reserve is counted without interruption against their accumu­ exhausted . lated shares of the Community quota.

4. By way of derogation from paragraphs 1 , 2 and 3 , each of these Member States may draw shares lower Article 10 than those fixed in these paragraphs if there are reasons to consider that such shares might not be exhausted. They shall inform the Commission of the grounds which led them to apply this paragraph . 1 . Member States shall take all measures necessary to ensure that access to the tariff quota in question is restricted to cattle as specified in Article 1 ( 1 ) and (2). Article 6 2. They shall ensure free access to the shares allo­ The additional shares drawn in pursuance of Article 5 cated to them for importers established in their terri­ shall apply until 30 June 1976. tory.

3 . The extent to which the shares of the Member Article 7 States have been used up shall be recorded on the basis of imports submitted for customs clearance If, by 5 April 1976, a Member State has not exhausted under cover of declarations that they have been made its initial share as fixed in Article 3 or as resulting available for consumption . from the application of Article 4, it shall, not later than 25 April 1976, return to the reserve the unused proportion of this share in excess of 20 % of the Article 11 initial amount .

However, amounts for which import certificates have Member States shall inform the Commision at regular been issued but not used shall not be returned to the intervals of imports actually charged against their reserve . shares .

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Article12¶

Member States and the Commission shall cooperate closely to ensure that the provisions of this Regulation are observed . This Regulation shall enter into force on 1 July 1975.

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

Done at Luxembourg, 24 June 1975.

For the Council

The President

M. A. CLINTON