31976R1485

26 . 6 . 76 No L 167/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1485 /76 of 21 June 1976 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 4 % for, the Community as originally constituted and COMMUNITIES , at a duty corresponding to the provisions of the above­ mentioned Act for the new Member States ; Having regard to the Treaty establishing the European Whereas it is in particular necessary to ensure equal Economic Community, and in particular Articles 43 and continuous access for all Community importers to and 1 1 3 thereof, the abovementioned quota, and the uninterrupted application of the quota duties, to all imports of the animals in question until the quota is exhausted ; Having regard to the proposal from the Commission, whereas, having regard to the principles defined above, the Community nature of the quota can be Having regard to the opinion of the European Parlia­ respected by allocating the Community tariff quota ment ('), among the Member States ; whereas possibilities for the use of such mountain breeds are, however, limited by special factors, both geographical and zootech­ Whereas the European Economic Community under­ nical ; whereas the Benelux countries and Denmark took within the framework of the GATT to open an do not have regions suitable for breeding this kind of annual Community tariff quota of 20 000 head at a duty of 6 % for heifers and cows other than those cattle ; whereas, however, in view of such special factors, the Community nature of the tariff quota in intended for slaughter, of certain mountain breeds falling within subheading ex 01.02 A II b) 2 of the question should be preserved by making provision for requirements which may arise in these Member Common Customs Tariff ; whereas eligibility for such States ; whereas, to this end, these Member States may quota is subject to conditions to be determined by the proceed to draw adequate shares from the Community competent authorities of the Member State of destina­ reserve which has been set up ; whereas, in order to tion ; whereas, in an exchange of letters with Austria reflect as closely as possible the actual trend of the dated 21 July 1972, the Community has undertaken market in question, the initial allocation must be unilaterally to increase the size of the tariff quota from 20 000 to 30 000 head and to lower the quota duty made in proportion to the requirements of each of the Member States concerned, calculated in accordance from 6 % to 4 % ; with statistical data concerning imports from third countries during a representative reference period and Whereas, under Article 60 of the Act concerning the with economic prospects for the quota period in ques­ conditions of accession and the adjustments to the tion ; Treaties (2), the new Member States are obliged to apply the Regulations of the common agricultural Whereas, since the animals in question belong to policy from 1 February 1973 onwards ; whereas, there­ certain specific breeds which are not specified as such fore, any requirements which may arise in these in the statistical nomenclatures of the Member States, Member States during the quota period under consid­ no data on imports provided by the Member States eration should be taken into account in the Commu­ could be considered to be sufficiently accurate and nity tariff quota in question ; whereas the abovemen­ representative to be used as a basis for the allocation tioned tariff quota for the period 1 July 1976 to 30 in question ; whereas the extent to which Community June 1977 should therefore be opened at a duty of tariff quotas for those animals in the Community as originally constituted have been exhausted, and the (') OJ No C 125, 8 . 6 . 1976, p. 47. estimates made by certain Member States enable the (2) OJ No L 73 , 27. 3 . 1972, p . 14. requirements of each of them as regards imports from

No L 167/2 Official Journal of the European Communities 26 . 6 . 76

third countries for the quota period envisaged to be HAS ADOPTED THIS REGULATION : assessed as follows :

Article 1 Benelux 1 500 head, Germany 10 000 head, 1 . During the period 1 July 1976 to 30 June 1977, France 3 900 head, a Community tariff quota of 30 000 head shall be Italy 6 100 head opened within the European Economic Community in respect of the imports from third countries of cows Whereas, in the absence of precise information , the and heifers, other than those intended for slaughter, of needs of the United Kingdom and Ireland may be the following mountain breeds : grey, brown, yellow assessed at 300 and 200 head ; and mottled Simmental breed and mottled Pinzgau breed, falling within subheading ex 01.02 A II b) 2 of the Common Customs Tariff. Whereas, in order to take into account the possible trend of imports of the aforementioned animals into 2. For the purposes of this Regulation , the above­ the said Member States, the quota amount of 30 000 mentioned cows and heifers shall be considered not head should be divided into two parts, the first being intended for slaughter if they are not slaughtered allocated among certain Member States, the second within four months following the date of their impor­ forming a reserve intended subsequently to cover the tation . requirements of those Member States when their initial shares are exhausted and requirements which Derogations may, however, be granted in the event of may arise within other Member States ; whereas in an act of God (disease, accident) duly attested by a order to ensure a certain degree of security for impor­ local authority certificate setting out the reasons for ters in the aforementioned Member States, the first the slaughter. part of the Community quota should be determined at a comparatively high level which under the present 3 . The said quota shall be administered in accor­ circumstances may be approximately 60 % of the dance with the following Articles . quota amount ; Article 2 Whereas the initial shares of those Member States may be used up more or less rapidly ; whereas, in 1 . Within the framework of the quota referred to in order to take this fact into account and avoid any Article 1 ( 1 ), the Common Customs Tariff duty for the break in continuity, it is important that that Member animals referred to in the said paragraph shall be State, having used up almost the whole of its initial suspended at 4 % . share, should draw an additional share from the 2. Within the said tariff quota, the new Member reserve ; whereas this must be done by each of these Member States as and when each of its additional States shall apply duties calculated in accordance with the relevant provisions of the Act of Accession . shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional shares must be available until the end Article 3 of the quota period ; whereas such method of adminis­ tration calls for close cooperation between Member 1 . A first part of 19 000 head shall be allocated States and the Commission , which must, in particular, among the Member States listed below. The shares be able to observe the extent to which the quota shall apply from 1 July 1976 to 30 June 1977, subject amounts are used and inform Member States thereof ; to Article 7, and shall be as follows :

Benelux 1 000 head, Whereas if, at a specified date within the quota period 8 800 head, Germany a considerable balance of the initial share of one or France 3 400 head, other of the Member States is left over, it is essential Ireland 200 head, that that State should return a considerable part of 5 300 head, Italy such balance to the reserve in order that part of the 300 head . United Kingdom Community tariff quota should not remain unused in one Member State while it could be used in others ; 2. The second part of 1 1 000 head shall be held as a Community reserve . Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Article 4 Luxembourg are united in and represented by the Benelux Economic Union, any measure concerning If requirements arise in Denmark for cattle referred to the administration of the shares allocated to that in Article 1 ( 1 ), this Member State shall draw an economic union may be carried out by one of its adequate share from the reserve, in so far as the members , reserve permits .

26 . 6 . 76 Official Journal of the European Communities No L 167/ 3

Article5¶

1 . If 90 % or more of the initial quota share of one The Commission shall keep accounts of the amounts of the Member States referred to in Article 3 , or of of the shares opened by Member States in accordance that share less the amount returned to the reserve with Articles 3 , 4 and 5 and shall inform each of them where Article 7 has been applied, has been used up, of the extent to which the reserve has been exhausted that Member State shall immediately, by notifying the as soon as it receives the notifications . Commission , draw a second Share, in so far as the reserve permits, equal to 1 5 % of its initial share, The Commission shall, not later than 1 May 1977, rounded off upwards, if necessary, to the next unit. notify Member States of the amount in the reserve after the return of shares pursuant to Article 7 . 2. If, after the initial share has been exhausted, 90 % or more of the second share drawn by one of The Commission shall ensure that any drawing which these Member States has been used up, that Member exhausts the reserve is limited to the balance available State shall, in accordance with paragraph 1 , immedi­ and, to this end, shall specify the amount thereof to ately draw a third share equal to 7-5 % of its initial the Member State making the last drawing. share, rounded off upwards, if necessary, to the next unit. Article 9 3 . If, after the second share has been exhausted, 90 % or more of the third share drawn by one of Member States shall take all measures necessary to these Member States has been used up, that Member ensure that when additional shares are drawn pursuant State shall, in accordance with paragraph 1 , draw a to Article 4 or 5 it is possible for imports to be fourth share equal to the third . counted without interruption against their accumu­ lated shares of the Community quota. The same method shall be applied until the reserve is exhausted . Article 10 4. By way of derogation from paragraphs 1 , 2 and 3, each of these Member States may draw shares lower 1 . Member States shall take all measures necessary than those fixed in these paragraphs if there are to ensure that access to the tariff quota in question is reasons to consider that such shares might not be restricted to cattle as specified in Article 1 ( 1 ) and (2). exhausted . They shall inform the Commission of the grounds which led them to apply this paragraph . 2. They shall ensure free access to the shares allo­ cated to them for importers established in their terri­ tory . Article 6 3 . The extent to which the shares of the Member The additional shares drawn in pursuance of Article 5 States have been used up shall be recorded on the shall apply until 30 Junp 1977. basis of imports submitted for customs clearance under cover of declarations that they have been made Article 7 available for consumption .

If, by 5 April 1977, a Member State has not exhausted Article 11 its initial share as fixed in Article 3 or as resulting from the application of Article 4, it shall , not later Member States shall inform the Commission at than 25 April 1977, return to the reserve the unused regular intervals of imports actually charged against proportion of this share in excess of 20 % of the their shares . initial amount .

However, amounts for which import certificates have Article 12 been issued but not used shall not be returned to the reserve . Member States and the Commission shall cooperate The Member States shall , not later than 25 April 1977, closely to ensure that the provisions of this Regulation are observed . notify the Commission of the total imports of the animals in question effected up to 5 April 1977 inclu­ sive and charged against the tariff quota, the amounts Article 13 referred to in the second subparagraph and, where appropriate, the proportion of their initial share that they return to the reserve . This Regulation shall enter into force on 1 July 1976.

No L 167/4 26 . 6 . 76 Official Journal of the European Communities

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

Done at Luxembourg, 21 June 1976.

For the Council The President

J. HAMILIUS