31975R3288

19 . 12 . 75 No L 327/ 1 Official Journal of the European Communities

I V. (Acts whose publication is obligatory)

REGULATION ( EEC) No 3288 / 75 OF THE COUNCIL of 16 December 1975 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 ( 1976)

THE COUNCIL OF THE EUROPEAN down for the fariff quota should be applied consist­ COMMUNITIES, ently in all Member States to all imports of the product in question until the quota is used up ; whereas a system of utilization of the Community Having regard to the Treaty establishing the European tariff quota, based on an allocation between the Economic Community ; Member States concerned, would, in the light of the principles outlined above, appear consistent with the Community nature of the quota ; whereas, to repre­ Having regard to the proposal from the Commission ; sent as closely as possible the actual market trends in the product in question, the allocation should be proportionate to the requirements of the Member Having regard to the Opinion of the European Parlia­ States calculated with reference to statistical data on ment (') ; imports from third countries during a representative reference period and to the economic prospects for the quota year in question ; Whereas, in the context of the most recent multilat­ eral GATT negotiations, the Community has under­ taken to open, at a duty of 20 % , an annual Commu­ nity tariff quota of 38 500 metric tons of frozen beef Whereas, pursuant to Article 2 (4) of Commission and veal falling within subheading 02.01 A II a) 2 of Regulation (EEC) No 1 93/75 (3) of 17 January 1975 the Common Customs Tariff, expressed as boned or laying down common detailed rules for the applica­ boneless meat ; whereas, therefore, this tariff quota tion of the system of import and export licences and should be opened on 1 January 1976, while dividing advance fixing certificates for agricultural products, the total quantity into two parts in accordance with import licences authorize the importation of a quan­ the tariff arrangements applicable to each ; tity exceeding by 5 % the quantity indicated therein ; whereas, however, the levy provided for in Article 13 of Council Regulation ( EEC) No 805/68 (4) of 27 June Whereas Articles 59 and 60 of the Act of Accession (2) 1968 on the common organization of the market in require the new Member States to apply the Regula­ beef and veal, as last amended by Regulation (EEC) tions of the common agricultural policy from 1 No 1 855/74 (5), should be applied to any quantity February 1973 and to align their customs tariff duties exceeding that indicated in the licence ; on those of the Common Customs Tariff in accor­ dance with the timetable provided for in the said Article 59 ; whereas, therefore, the new Member States' needs for imports should be covered in 1976 ; Whereas, since the tariff quota in question is relatively whereas the quota duties to be applied by the new small, it ought to be possible to provide for a system Member States should conform to the Act of Acces­ of allocation based on a single apportionment sion ; between the Member States, without thereby dero­ gating from its Community nature ; whereas it appears best to leave to each Member State the choice of a Whereas equal and continuous access to the quota management system for its share of the quota ; should be ensured for all importers and the rate laid (3) OJ No L 25, 31 . 1 . 1975, p. 10 . (') OJ No C 257, 10 . 11 . 1975, p. 31 . (4) OJ No L 148 , 28 . 6. 1968 , p. 24. (2) OJ No L 73, 27. 3 . 1972, p. 28 . (5 OJ No L 195, 18 . 7. 1974, p. 14.

No L 327/ 2 19 . 12 . 75 Official Journal of the European Communities I

Whereas, since the Kingdom of Belgium, the For the part For the part Kingdom of the Netherlands and the Grand Duchy of totalling totalling 22 000 metric tons 16 500 metric tons Luxembourg are jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota shares allocated to that Benelux 2 600 1 950 economic union may be carried out by any one of its Denmark 143 107 members ; Germany 4 400 3 300 France 1 600 1 200 Ireland Whereas, if at a given date during the quota period it 6314 4 736 Italy is found that a balance of a quota share remains in United Kingdom 6 943 5 207 one or other Member State, it will be necessary, where appropriate, to reallocate the amounts which have not 22 000 16 500 been used up, in order that they might be used up by other Member States, 2 . Imports of the product concerned shall be subject to the provisions adopted under Regulation (EEC) No 974/71 ( ! ), as last amended by Regulation HAS ADOPTED THIS REGULATION : (EEC) No 475/75 (2), as regards the fluctuation of the currencies of certain Member States .

Article 3 Article 1 1 . The Member States shall take all appropriate steps to guarantee importers established within their 1 . A Community tariff quota for frozen beef and territories free access to the quota shares allocated to veal falling within subheading 02.01 A II a) 2 of the them . Common Customs Tariff, totalling 38 500 metric tons expressed as boned or boneless meat, is hereby 2 . The extent to which the shares of the Member opened for 1976 . States have been used up shall be verified on the basis of imports as the product is presented for customs clearance under the declaration for consumption. 2. For the purpose of charging imports against this quota , 100 kilogrammes of unboned meat shall be Article 4 taken to be equivalent to 77 kilogrammes of boned or boneless meat . The Member States shall regulary inform the Commis­ sion of imports which have been charged against their 3 . As regards the quotas allocated to the original shares . Member States, the Common Customs Tariff duty applicable shall be 20 % . Article 5

The Member States and the Commission shall coop­ 4. As regards the quota allocated to the new erate closely to ensure that this Regulation is Member States, the duties shall be those calculated in complied with . accordance with the relevant provisions of the Act of Accession . Article 6

The Commission shall , not later than 1 October 1976, 5 . For the purpose of applying this Regulation, the levy fixed in accordance with Article 13 of Regulation submit to the Council a report on the quantities for which licences have been delivered in each Member (EEC) No 805/68 shall, as regards imports effected State . under the conditions laid down in Article 2 (4) of Regulation (EEC) No 193/75, be applied to any quanti­ The Council, acting by a qualified majority on a prop­ ties exceeding those indicated in the import licence. osal from the Commission , shall, where appropriate, reallocate the amounts which have not been used up.

Article2¶

This Regulation shall enter into force on 1 January 1 . The quantity of 38 500 metric tons indicated in 1976 . Article 1 ( 1 ) shall be divided into two parts, one totalling 22 000 metric tons, the other 16 500 metric (!) OJ No L 106, 12. 5. 1971 , p. 1 . tons allocated as follows : (2 ) OJ No L 52, 28 . 2. 1975, p . 28 .

19 . 12 . 75 No L 327/ 3 Official Journal of the European Communities

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

Done at Brussels, 16 December 1975 .

For the Council

The President

G. MARCORA