31976R3167

No L 357/ 14 Official Journal of the European Communities 29 . 12. 76

COUNCIL REGULATION (EEC) No 3167/76 of 21 December 1976 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 ( 1977)

THE COUNCIL OF THE EUROPEAN Whereas, pursuant to Article 2 (4) of Commission COMMUNITIES, Regulation (EEC) No 193/75 of 17 January 1975 laying down common detailed rules for the applica­ Having regard to the Treaty establishing the European tion of the system of import and export licences and Economic Community, advance fixing certificates for agricultural products (3), import licences authorize the importation of a quan­ Having regard to the proposal from the Commission, tity exceeding by 5 % the quantity indicated therein ; whereas, however, the levy provided for in Article 13 Having regard to the opinion of the European Parlia­ of Council Regulation (EEC) No 805/68 of 27 June ment (J ), 1968 on the common organization of the market in beef and veal (4), as last amended by Regulation (EEC) Whereas, in the context of the most recent multilat­ No 568/76 (5), should be applied to any quantity eral GATT negotiations, the Community has under­ exceeding that indicated in the licence ; taken to open, at a duty of 20 % , an annual Commu­ nity tariff quota of 38 500 metric tons of frozen beef Whereas, since the tariff quota in question is relatively and veal falling within subheading 02.01 A II a) 2 of small, it ought to be possible to provide for a system the Common Customs Tariff, expressed as boned or of allocation based on a single apportionment boneless meat ; whereas, therefore, this tariff quota between the Member States, without thereby dero­ should be opened on 1 January 1977, while dividing gating from its Community nature ; whereas it appears the total quantity into two parts in accordance with best to leave to each Member State the choice of a the tariff arrangements applicable to each ; management system for its share of the quota ;

Whereas Articles 59 and 60 of the Act of Accession (2) Whereas, since the Kingdom of Belgium, the require the new Member States to apply the Regula­ Kingdom of the Netherlands and the Grand Duchy of tions of the common agricultural policy from 1 Luxembourg are jointly represented by the Benelux February 1973 and to align their customs tariff duties Economic Union, any operation concerning the on those of the Common Customs Tariff in accor­ administration of the quota shares allocated to that dance with the timetable provided for in the said economic union may be carried out by any one of its Article 59 ; whereas, therefor®, the new Member members ; States' needs for imports should be covered in 1977 ; whereas the quota duties to be applied by the new Member States should conform to the Act of Acces­ Whereas, if at a given date during the quota period it is found that a balance of a quota share remains in sion ; one or other Member State, it will be necessary, where appropriate, to re-allocate the amounts which have Whereas equal and continuous access to the quota not been used up, in order that they might be used up should be ensured for all importers and the rate laid by other Member States, down for the tariff quota should be applied consist­ 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 HAS ADOPTED THIS REGULATION : tariff quota, based on an allocation between the Member States concerned, would, in the light of the principles outlined above, appear consistent with the Community nature of the quota ; whereas, to repre­ Article 1 sent as closely as possible the actual market trends in the product in question, the allocation should be 1 . A Community tariff quota for frozen beef and proportionate to the requirements of the Member veal falling within subheading 02.01 A II a) 2 of the States calculated with reference to statistical data on Common Customs Tariff, totalling 38 500 metric tons imports from third countries during a representative expressed as boned or boneless meat, is hereby reference period and to the economic prospects for opened for 1977. the quota year in question ; 0 OJ No L 25, 31 . 1 . 1975, p. 10 . (>) OJ No C 293, 13. 12. 1976, p. 59 . (4) OJ No L 148 , 28 . 6. 1968 , p. 24. (2) OJ No L 73, 27. 3 . 1972, p. 28 . (5 ) OJ No, L 67, 15. 3 . 1976, p. 28 .

29 . 12. 76 Official Journal of the European Communities No L 357/ 15

For the purpose of charging imports against this 2. Imports of the product concerned shall be quota, 100 kilogrammes of unboned meat shall be subject to the provisions adopted under Regulation taken to be equivalent to 77 kilogrammes of boned or (EEC) No 974/71 (!), as last amended by Regulation boneless meat. (EEC) No 557/76 (2), as regards the fluctuation of the currencies of certain Member States . 2. Imports of those goods which have been admitted under the benefit of another preferential tariff regime shall not be set off against this tariff Article 3 quota. 1 . The Member States shall take all appropriate 3. As regards the quotas allocated to the original steps to guarantee importers established within their Member States, the Common Customs Tariff duty territories free access to the quota shares allocated to applicable shall be 20 % . them .

4. As regards the quota allocated to the new 2. The extent to which the shares of the Member Member States, the duties shall be those calculated in accordance with the relevant provisions of the Act of States have been used up shall be verified on the basis Accession. of imports as the product is presented for customs clearance under the declaration for consumption. 5. For the purpose of applying this Regulation, the levy fixed in accordance with Article 13 of Regulation (EEC) No 805/68 shall, as regards imports effected Article 4 under the conditions laid down in Article 2 (4) of Regulation (EEC) No 193/75, be applied to any quanti­ The Member States shall regularly inform the . ties exceeding those indicated in the import licence. Commission of imports which have been charged against their shares. Article 2 Article 5 1 . The quantity of 38 500 metric tons indicated in Article 1 ( 1 ) shall be divided into two parts, one The Member States and the Commission shall coop­ totalling 22 000 metric tons, the other 1 6 500 metric tons, allocated as follows : erate closely to ensure that this Regulation is complied with.

For the part For the part totalling 22 000 totalling 16 500 Article 6 metric tons metric tons The Commission shall, not later than 1 October 1977, Benelux 2 423 1 817 submit to the Council a report on the quantities for which licences have been delivered in each Member Denmark 111 84 State . Germany 4 334 3 251 France 1 532 1 148 The Council, acting by a qualified majority on a pro­ Ireland — — posal from the Commission, shall, where appropriate, 6314 4 736 re-allocate the amounts which have not been used up. Italy United Kingdom 7 286 5 464 Article 7 22 000 16 500 This Regulation shall enter into force on 1 January 1977 .

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

Done at Brussels, 21 December 1976. For the Council

The President A. P. L. M. M. van der STEE

(') OJ No L 106, 12. 5. 197.1 , p. 1 . (2) OJ No L 67, 15 . 3 . 1976, p. 1 .