31976R1486

26 . 6 . 76 No L 167/ 5 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1486/76 of 21 June 1976 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 animals in question until the quota is exhausted ; COMMUNITIES, whereas, having regard to the principles defined above, the Community nature of the quota can be Having regard to the Treaty establishing the European respected by allocating the Community tariff quota Economic Community, and in particular Articles 43 among the Member States ; whereas possibilities for and 1 1 3 thereof, the use of such mountain breeds are, however, limited by special factors, both geographical and zootech­ nical ; whereas Denmark does not have regions Having regard to the proposal from the Commission, suitable for breeding this kind of cattle ; whereas, however, in view of such special factors, the Commu­ Having regard to the opinion of the European Parlia­ nity nature of the tariff quota in question should be ment ('), preserved by making provision for requirements which may arise in this Member State ; whereas to this Whereas the European Economic Community under­ end, this Member State may proceed to draw adequate took within the framework of the GATT to open an shares from the Community reserve which has been annual Community tariff quota of 5 000 head at a set up ; whereas, in order to reflect as closely as duty of 4 % for bulls, cows and heifers, other than possible the actual trend of the market in question, those intended for slaughter, of certain Alpine breeds the initial allocation must be made in proportion to falling within subheading ex 01.02 A II b) 2 of the the requirements of each of the Member States Common Customs Tariff ; whereas eligibility for such concerned, calculated in accordance with statistical quota is subject to submission of the following docu­ data concerning imports from third countries during a ments : representative reference period and with economic prospects for the quota period in question ; — bulls : pedigree certificate, — female animals : Whereas, since the animals in question belong to certain specific breeds which are not specified as such pedigree certificate or certificate of registration in in the statistical nomenclatures of the Member States, the herdbook, certifying purity of breed ; no data on imports provided by the Member States could be considered to be sufficiently accurate and Whereas, under Article 60 of the Act concerning the representative to be used as a basis for the allocation conditions of accession and the adjustments to the in question ; whereas the extent to which Community Treaties (2), the new Member States are obliged to tariff quotas for those animals, in the Community as apply the Regulations of the common agricultural originally constituted, have been exhausted, and the policy from 1 February 1973 onwards ; whereas any estimates made by certain Member States, enable the requirements which may arise in these Member States requirements of each of them as regards imports from during the quota period under consideration should, third countries for the quota period envisaged to be therefore, be taken into account in the Community assessed as follows : tariff quota in question ; whereas the abovementioned tariff quota for the period 1 July 1976 to 30 June 1977 should, therefore, be opened at a duty of 4 % for Germany 250 head, France 120 head, the Community as originally constituted and at a duty corresponding to the provisions of the abovemen­ Italy 4 630 head ; tioned Act for the new Member States ;

Whereas, it is in particular necessary to ensure equal Whereas the needs of Ireland may, in the absence of and continuous access for all Community importers to precise information, be assessed at 25 head ; the abovementioned quota, and the uninterrupted application of the quota duties to all imports of the

(») OJ No C 125, 8 . 6. 1976, p. 47. Whereas, in order to take into account the possible (2) OJ No L 73, 27. 3 . 1972, p. 14. trend of imports of the aforementioned animals into

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

the said Member States, the quota amount of 5 000 mottled, Simmental breed and the Schwyz and head should be divided into two parts, the first part Fribourg breeds, falling within subheading ex 01.02 A being allocated among certain Member States, the II b) 2 of the Common Customs Tariff. second forming a reserve intended subsequently to cover the requirements of these Member States when 2. Eligibility for this tariff quota shall be subject to the submission : their initial shares are exhausted and requirements which may arise within other Member States ; whereas — in the case of bulls : in order to ensure a certain degree of security for of a pedigree certificate, importers in the aforementioned Member States, the first part of the Community quota should be deter­ — in the case of female animals : mined at a comparatively high level which under the of a pedigree certificate or certificate of registra­ present circumstances may be about 70 % of the tion in the herdbook, certifying purity of breed. quota amount ; 3. The said quota shall be administered in accor­ Whereas, the initial shares of those Member States dance with the following Articles. may be used up more or less rapidly ; whereas, in order to take this fact into account and avoid any Article 2 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 1 . Within the framework of the quota referred to in Article 1 ( 1 ), the Common Customs Tariff duty for the reserve ; whereas this must be done by each of these Member States as and when each of its additional animals referred to in the said paragraph shall be shares is almost entirely used up, and repeated as suspended at 4 % . many times as the reserve allows ; whereas the initial 2. The new Member States shall within the said and additional shares must be available until the end tariff quotas apply duties calculated in accordance of the quota period ; whereas such method of adminis­ with the relevant provisions of the Act of Accession . tration calls for close cooperation between Member States and the Commission , which must, in particular, be able to observe the extent to which the quota Article 3 amounts are used and inform Member States thereof ; 1 . A first part of 3^25 head shall be allocated Whereas if, at a specified date within the quota period among the Member States listed below. The shares a considerable balance of the initial share of one or shall apply from 1 July 1976 to 30 June 1977, subject other of the Member States is left over, it is essential to Article 7, and shall be as follows : that that State should return a considerable part of Germany , 150 head, such balance to the reserve in order that part of the France 100 head, Community quota should not remain unused in one Ireland 25 head, Member State while it could be used in others ; Italy 3 150 head.

Whereas, since the Kingdom of Belgium , the 2. The second part of 1 575 head shall be held as a Kingdom of the Netherlands and the Grand Duchy of Community reserve . Luxembourg are united in and represented by the Benelux Economic Union , any measure concerning the administration of the shares allocated to that Article 4 economic union may be carried out by one of its If requirements arise in countries of the Benelux members, Economic Union , in Denmark or in the United Kingdom for cattle referred to in Article 1 ( 1 ), these Member States shall draw an adequate share from the reserve, in so far as the reserve permits . HAS ADOPTED THIS REGULATION :

Article5¶

Article 1 1 . If 90 % or more of the initial share of one of the Member States referred to in Article 3 , or of that share During the period 1 July 1976 to 30 June 1977, a less the amount returned to the reserve where Article Community tariff quota of 5 000 head shall be opened 7 has been applied, has been used up, that Member within the European Economic Community in State shall immediately, by notifying the Commission , respect of the imports from tnird countries of bulls, draw a second share , in so far as the reserve permits, cows and heifers , other than those intended for equal to 1 5 % of its initial share, rounded off slaughter, of the following mountain breeds : the 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 State 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 1977, 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 equal to the third.

The same method shall be applied until the reserve is Article 9 exhausted . The Member States shall take all measures necessary to ensure that when additional shares are drawn 4. By way of derogation from paragraphs 1 , 2 and 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 1977.

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

3 . The extent to which the shares of the Member If, by 5 April 1977, a Member State has not exhausted 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 1977, 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 1977, 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 12 referred to in the second subparagraph and, where appropriate, the proportion 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 1976.

No L 167/8 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