31977R1331
No L 154/ 2 Official Journal of the European Communities 23 . 6 . 77
COUNCIL REGULATION ( EEC) No 1331 / 77 of 20 June 1977 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) of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN nical ; whereas Denmark does not have regions COMMUNITIES , suitable for breeding this kind of cattle ; whereas, however, in view of such special factors, the Commu Having regard to the Treaty establishing the European nity nature of the tariff quota in question should be Economic Community, and in particular Articles 43 preserved by making provision for requirements and 1 1 3 thereof, which may arise in these Member States ; whereas, to this end, |hese Member States may proceed to draw Having regard to the proposal from the Commission, adequate shares from the Community reserve which has been set up ; whereas, in order to reflect as closely as possible the actual trend of the market in question, Having regard to the opinion of the European Parlia the initial allocation must be made in proportion to ment ('), the requirements of each of the Member States concerned ," calculated in accordance with statistical Whereas the European Economic Community under data concerning imports from third countries during a took within the framework of the GATT to open an representative reference period and with economic annual Community tariff quota of 20 000 head at a prospects for the quota period in question ; duty of 6 % for heifers and cows other than those intended for slaughter of certain mountain breeds falling within subheading ex 01.02 A II b) of the Common Customs Tariff ; whereas eligibility for such Whereas, since the animals in question belong to quota is subject to conditions to be determined by the certain specific breeds which are not specified as such in the statistical nomenclatures of the Member States, competent authorities of the Member State of destina tion ; whereas, in an exchange of letters with Austria no data on imports provided by the Member States dated 21 July 1972, the Community has undertaken could be considered to be sufficiently accurate and unilaterally to increase the size of the tariff quota from representative to be used as a basis for the allocation 20 000 to 30 000 head and to lower the quota duty in question ; whereas the extent to which Community from 6 % to 4 % ; tariff quotas for those animals in the Community as originally constituted have been exhausted, and the estimates made by certain Member States, enable the Whereas , under Article 60 of the Act of Accession (2 ), requirements of each of them as regards imports from the new Member States are obliged to apply the Regu third countries for the quota period envisaged to be lations of the common agricultural policy from 1 assessed as follows : February 1973 onwards ; whereas, therefore, any requirements which may arise in these Member States during the quota period under consideration should Benelux : 1 500 head, be taken into account in the Community tariff quota 10 000 head, Germany : in question ; whereas the abovementioned tariff quota France : 3 900 head , for the period 1 July 1977 to 30 June 1978. should Italy : 6 100 head ; therefore be opened at. a duty of 4 % ;
Whereas it is in particular necessary to ensure equal whereas, in the absence of precise information , the and continuous access for all Community importers to needs of the United Kingdom and Ireland may be the abovementioned quota, and the uninterrupted assessed at 300 and 200 head ; application of the quota duties, to all imports of the animals in question until the quota is exhausted ; whereas, having regard to the principles defined above, the Community nature of the quota can be Whereas, in order to take into account the possible respected by allocating the Community tariff quota trend of imports of the aforementioned animals into among the Member States ; whereas possibilities for the said Member States, the quota amount of 30 000 the use of such mountain breeds are , however, limited head should be divided into two parts, the first being by special factors , both geographical and zootech allocated among certain Member States, the second forming a reserve intended subsequently to cover the (') OJ No C 118 , 16 . 5 . 1977 , p . 71 . requirements of those Member States when their (2 ) OJ No L 73 , 27 . 3 . 1972, p . 14 . initial shares are exhausted and requirements which
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may arise within other Member States ; whereas in within four months following the date of their impor order to ensure a certain degree of security for impor tation . ters in the aforementioned Member States, the first Derogations may, however, be granted in the event of part of the Community quota should be determined at an act of God (disease, accident) duly attested by a a comparatively high level which under the present local authority certificate setting out the reasons for circumstances may be approximately 63 % of the the slaughter. 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 4. For the purpose of applying this Regulation , the break in continuity, it is important that that Member levy fixed in accordance with Article 12 of Regulation State having used up almost the whole of its initial (EEC) No 805/68 (') shall , as regards imports effected share should draw an additional share from the under the conditions laid down in Article 2 (4) of reserve ; whereas this must be done by each of these Regulation (EEC) No 1 93/75 (2), be applied to any Member States as and when each of its additional quantities exceeding those indicated in the import licence . 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 2 of the quota period ; whereas such method of adminis Within the framework of the quota referred to in tration calls for close cooperation between Member Article 1 ( 1 ), the Common Customs Tariff duty for the States and the Commission , which must, in particular, animals referred to in the said paragraph shall be be able to observe the extent to which the quota suspended at 4 % . 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 19 000 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 1977 to 30 June 1978 , subject part of such balance to the reserve in order that part to Article 7, and shall be as follows : of the Community tariff quota should not remain unused in one Member State while it could be used in Benelux : 1 000 head, others ; Germany : 8 800 head , France : 3 400 head , Ireland : 200 head , Whereas since the Kingdom of Belgium , the Italy : 5 300 head , Kingdom of the Netherlands and the Grand Duchy of United Kingdom : 300 head . Luxembourg are united in and represented by the Benelux Economic Union , any measure concerning 2. The second part of 1 1 000 head shall be held as the administration of the shares allocated to that a Community reserve . economic union may be carried out by any one of its members , 3 . Imports of the animals concerned shall be subject to the provisions adopted under Regulation (EEC) No 974/71 (3), as last amended by Regulation (EEC) No 557/76 (4), as regards the fluctuation of the HAS ADOPTED THIS REGULATION : currencies of certain Member States .
Article 4 Article 1 If requirements arise in Denmark for cattle referred to 1 . During the period 1 July 1977 to 30 June 1978 , in Article 1 ( 1 ), this Member State shall draw an a Community tariff quota of 30 000 head shall be adequate share from the reserve, in so far as the opened within the European Economic Community reserve permits . in respect of the imports from third countries of cows and heifers, other than those intended for slaughter, of Article 5 the following mountain breeds : grey, brown , yellow 1 . If 90 % or more of the intial quota share of one and mottled Simmental breed and mottled Pinzgau of the Member States referred to in Article 3 , or of breed , falling within subheading ex 01.02 A II b) of that share less the amount returned to the reserve , the Common Customs Tariff .
(>) OJ No L 148 , 28 . 6 . 1968 , p . 24 . 2 . For the purposes of this Regulation , the above (2) OJ No L 25, 31 . 1 . 1975 , p . 10 . mentioned cows and heifers shall be considered not (3 ) OJ No L 106, 12 . 5 . 1971 , p . 1 . intended for slaughter if they are not slaughtered (4 ) OJ No L 67, 15 . 3 . 1976, p . 1 .
No L 154/4 Official Journal of the European Communities 23 . 6 . 77
where Article 7 has been applied, has been used up, Article 8 that Member State shall immediately, by notifying the Commission , draw a second share, in so far as the The Commission shall keep accounts of the amounts reserve permits, equal to 1 5 % of its initial share, of the shares opened by Member States in accordance rounded off upwards, if necessary, to the next unit. with Articles 3 , 4 and 5 and shall inform each of them of the extent to which the reserve has been exhausted as soon as it receives the notifications . 2. If, after the initial share has been exhausted, 90 % or more of the second share drawn by one of these Member States has been used up, that Member The Commission shall, not later than 1 April 1978 , State shall, in accordance with paragraph 1 , immedi notify Member States of the amount in the reserve after the return of shares pursuant to Article 7 . ately draw a third share equal to 7-5 % of its initial share, rounded off upwards, if necessary, to the next unit. The Commission shall ensure that any drawing which exhausts the reserve is limited to the balance available and, to this end, shall specify the amount thereof to 3 . If, after the second share has been exhausted, the Member State making the last drawing. 90 % or more of the third share drawn by one of these Member States has been used up, that Member State shall, in accordance with paragraph 1 , draw a Article 9 fourth share equal to the third.
Member States shall take all measures necessary to The same method shall be applied until the reserve is ensure that when additional shares are drawn pursuant exhausted . to Article 4 or 5 it is possible for imports to be counted without interruption against their accumu 4. By way of derogation from paragraphs 1 , 2 and lated shares of the Community quota. 3 , each of these Member States may draw shares lower than those fixed in these paragraphs if there are reasons to consider that such shares might not be Article 10 exhausted. They shall inform the Commission of the grounds which led them to apply this paragraph . 1 . Member States shall take all measures necessary to ensure that access to the tariff quota in question is restricted to cattle as specified in Article 1 ( 1 ) and (2).
Article 6 2. They shall ensure free access to the shares allo cated to them for importers established in their terri The additional shares drawn in pursuance of Article 5 tory. shall apply until 30 June 1978 . 3 . The extent to which a Member State has used up its share shall be determined on the basis of imports of the product in question entered with the customs Article 7 authorities for home use .
Member States shall return to the reserve, not later than 25 March 1978 , the unused portion of their Article 11 initial share in excess, on 5 March 1978 , of 20 % of the initial amount. They may return a larger quantity On request by the Commission , Member States shall if there are reasons to consider that such quantity may inform it of imports actually charged against their not be used . shares .
However, amounts for which import certificates have been issued but not used shall not be returned to the Article 12 reserve . Member States and the Commission shall cooperate The Member States shall, not later than 25 March closely to ensure that the provisions of this Regulation are observed . 1978 , notify the Commission of the total imports of the animals in question effected up to 5 March 1978 inclusive and charged against the tariff quota, the amounts referred to in the second subparagraph and, Article 13 where appropriate, the proportion of their initial share that they return to the reserve . This Regulation shall enter into force on 1 July 1977.
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This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 20 June 1977.
For the Council
The President
J. SILKIN