31975R1588

26. 6 . 75 Official Journal of the European Communities No L 163/5

REGULATION ( EEC) No 1588 /75 OF THE COUNCIL of 24 June 1975 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 respected by allocating the Community tariff quota COMMUNITIES, among the Member States ; whereas possibilities for the use of such mountain breeds are, however, limited Having regard to the Treaty establishing the European by special factors, both geographical and zootech­ Economic Community, and in particular Articles 43 nical ; whereas Denmark does not have regions and 1 1 3 thereof ; suitable for breeding this kind of cattle ; whereas, however, in view of such special factors, the Commu­ nity nature of the tariff quota in question should be Having regard to the proposal from the Commission ; preserved by making provision for requirements which may arise in this Member State ; whereas to this Having regard to the Opinion of the European Parlia­ end,, this Member State may proceed to draw adequate ment (') ; shares from the Community reserve which has been set up ; whereas, in order to reflect as closely as Whereas, the European Economic Community under­ possible the actual trend of the market in question, took within the framework of the GATT to open an the initial allocation must be made in proportion to annual Community tariff quota of 5 000 head at a the requirements of each of the Member States duty of 4 % for bulls, cows and heifers, other than concerned, calculated in accordance with statistical those intended for slaughter, of certain Alpine breeds data concerning imports from third countries during a falling within subheading ex 01.02 A II b) 2 of the representative reference period and with economic Common Customs Tariff ; whereas eligibility for such prospects for the quota period in question ; quota is subject to submission of the following docu­ ments :

— bulls : pedigree certificate ; Whereas, since the animals in question belong to certain specific breeds which are not specified as such — female animals : pedigree certificate or certificate in the statistical nomenclatures of the Member States, of registration in the herdbook, certifying purity of breed ; no data on imports provided by the Member States could be considered to be sufficiently accurate and representative to be used as a basis for the allocation Whereas, under Article 60 of the Act (2) concerning in question ; whereas the extent to which Community the conditions of accession and the adjustments to the tariff quotas for those animals, in the Community as Treaties, the new Member States are obliged to apply originally constituted, have been exhausted, and the the Regulations of the common agricultural policy estimates made by certain Member States, enable the from 1 February 1 973 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 the quota period under consideration should, there­ assessed as follows : fore, be taken into account in the Community tariff quota in question ; whereas the abovementioned tariff quota for the period from 1 July 1975 to 30 June 250 head, Germany 1976 should, therefore, be opened at a duty of 4 % for France 1 20 head, the Community as originally constituted and at a duty Italy 4 630 head ; corresponding to the provisions of the abovemen­ tioned Act for the new Member States ;

whereas the needs of Ireland may, in the absence of Whereas, it is in particular necessary to ensure equal precise information , 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 being allocated among certain Member States, the (') OJ No L 128 , 9 . 6. 1975 , p . 36 . (-') OJ No L 73 , 27 . 3 . 1972, p . 14 . second forming a reserve intended subsequently to

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

cover the requirements of these Member States when Fribourg breeds, falling within subheading ex 01.02 A their initial shares are exhausted and requirements II b) 2 of the Common Customs Tariff. which may arise within other Member States ; whereas in order to ensure a certain degree of security for 2. Eligibility for this tariff quota shall be subject to importers in the aforementioned Member States, the the submission : first part of the Community quota should be deter­ mined at a comparatively high level which under the — in the case of bulls : of a pedigree certificate ; present circumstances may be about 70 % of the — in the case offemale animals : of a pedigree certif­ quota amount ; icate or certificate of registration in the herdbook, certifying purity of breed. 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 State having used up almost the whole of its initial share should draw an additional share from the Article 2 reserve ; whereas this must be done by each of these Member States as and when each of its additional 1 . Within the framework of the quota referred to in shares is almost entirely used up, and repeated as Article 1 ( 1 ), the Common Customs Tariff duty for the many times as the reserve allows ; whereas the initial animals referred to in the said paragraph shall be and additional shares must be available until the end suspended at 4 % . of the quota period ; whereas such method of adminis­ 2 . The new Member States shall within the said tration calls for close cooperation between Member States and the Commission, which must, in particular, tariff quotas apply duties calculated in accordance be able to observe the extent to which the quota with the relevant provisions of the Act of Accession . amounts are used and inform Member States thereof ;

Article 3 Whereas, if, at a specified date within the quota period, a considerable balance of the initial share of 1 . A first part of 3 425 head shall be allocated one or other of the Member States is left over, it is among the Member States listed below. The shares essential that that State should return a considerable shall apply from 1 July 1975 to 30 June 1976, subject part of such balance to the reserve in order that part to Article 7, and shall be as follows : of the Community quota should not remain unused in one Member State while it could be used in others ; Germany 150 head, France 100 head, Ireland 25 head, Whereas, since the Kingdom of Belgium, the Italy 3 150 head . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the 2. The second part of 1 575 head shall be held as a Benelux Economic Union, any measure concerning the administration of the shares allocated to that Community reserve . Economic Union may be carried out by one of its Members, Article 4

If requirements arise in countries of the Benelux Economic Union , in Denmark or in the United Kingdom, these Member States shall draw an adequate HAS ADOPTED THIS REGULATION : share from the reserve, in so far as the reserve permits.

Article5¶

1 . If 90 % or more of the initial share of one of the 1 . During the period from 1 July 1975 to 30 June Member States referred to in Article 3 , or of that share 1976, a Community tariff quota of 5 000 head shall be less the amount returned to the reserve , where Article opened within the European Economic Community 7 has been applied, has been used up, that Member in respect of the imports from third countries of bulls, State shall immediately, by notifying the Commission, cows and heifers, other than those intended for draw a second share , in so far as the reserve permits, slaughter, of the following mountain breeds : the equal to 15% of its initial share, rounded off mottled Simmental breed and the Schwyz and upwards, if necessary, to the next unit.

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2. If, after the initial share has been exhausted, with Articles 3, 4 and 5 and shall inform each of them 90 % or more of the second share drawn by one of of the extent to which the reserve has been exhausted these Member States has been used up, that Member as soon as it receives the notification . State shall, in accordance with paragraph 1 , immedi­ ately draw a third share equal to 7-5 % of its initial The Commission shall, not later than 1 May 1976, share, rounded off upwards, if necessary, to the next notify Member States of the amount in the reserve unit . after the return of shares pursuant to Article 7.

3 . If, after the second share has been exhausted, The Commission shall ensure that any drawing which 90 % or more of the third 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 , draw a the Member State making the last drawing. fourth share to the third.

The same method shall be applied until the reserve is Article 9 exhausted . The Member States shall take all measures necessary 4. By way of derogation from paragraphs 1 , 2 and to ensure that when additional shares are drawn 3, each of these Member States may draw shares lower pursuant to Article 4 or 5 it is possible for imports to than those fixed in these paragraphs if there are be counted without interruption against their accumu­ reasons to consider that such shares might not be lated shares of the Community quota. exhausted. They shall inform the Commission of the grounds which led them to apply this paragraph. Article 10

Article 6 1 . Member States shall take all measures necessary to ensure that the access to the tariff quota in question is restricted to cattle as specified in Article 1 ( 1 ) and Additional shares drawn in pursuance of Article 5 (2). shall apply until 30 June 1976 .

2. They shall ensure free access to the shares allo­ cated to them for importers established in their terri­ Article 7 tory.

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

Article 11 However, amounts for which import certificates have been issued but not used shall not be returned to the reserve . Member States shall inform the Commission at regular intervals of imports actually charged against their shares . The Member States shall, not later than 25 April 1976, notify the Commission of the total imports of the animals in question effected up to 5 April 1976 inclu­ sive and charged against the tariff quota, the amounts Article 12 referred to in the second subparagraph and, where appropriate, the propoftion of their initial share that Member States and the Commission shall cooperate they return to the reserve . • closely to ensure that the provisions of this Regulation are observed .

Article 8 Article 13 The Commission shall keep accounts of the amounts of the shares opened by Member States in accordance This Regulation shall enter into force on 1 July 1975.

No L 163/8 26 . 6 . 75 Official Journal of the European Communities

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