31977R1332
No L 154/ 6 Official Journal of the European Communities 23 . 6 . 77
COUNCIL REGULATION ( EEC) No 1332/77 of 20 June 1977 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) of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN among the Member States ; whereas possibilities for COMMUNITIES , the use of such mountain breeds are , however, limited by special factors, both geographical and zootech nical ; whereas the Benelux countries and Denmark Having regard to the Treaty establishing the European do not have regions suitable for breeding this kind of Economic Community, and in particular Articles 43 cattle ; whereas, however, in view of such special and 113 thereof, factors , the Community nature of the tariff quota in question should be preserved by making provision for Having regard to the proposal from the Commission, requirements which may arise in this Member State ; whereas to this end, this Member State may proceed to draw adequate shares from the Community reserve Having regard to the opinion of the European Parlia which has been set up ; whereas, in order to reflect as ment ('), closely as possible the actual trend of the market in question, the initial allocation must be made in proportion to the requirements of each of the Member Whereas the European Economic Community under States concerned, calculated in accordance with statis took within the framework of the GATT to open an tical data concerning imports from third countries annual Community tariff quota of 5 000 head at a during a representative reference period and with duty of 4 % for bulls, cows and heifers, other than economic prospects for the quota period in question ; those intended for slaughter, of certain Alpine 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 submission of the following docu certain specific breeds which are not specified as such ments : in the statistical nomenclatures of the Member States, no data on imports provided by the Member States — bulls : pedigree certificate ; could be considered to be sufficiently accurate and — female animals : predigree certificate or certifi representative to be used as a basis for the allocation cate of registration in the in question ; whereas the extent to which Community herdbook, certifying purity of tariff quotas for those animals, in the Community as breed ; 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 any requirements which may arise in these Member States during the quota period under consideration should, therefore, be Germany : 250 head , taken into account in the Community tariff quota in France : 120 head, question ; whereas the abovementioned tariff quota for Italy : 4 630 head ; the period 1 July 1977 to 30 June 1978 should, there fore, be opened at a duty of 4 % ; whereas the needs of the United Kingdom and of Ireland may, in the absence of precise information, be Whereas it is in particular necessary to ensure equal assesed at 75 and 25 head respectively ; and continuous access for all Community importers to the abovementioned quota, and the uninterrupted application of the quota duties to all imports of the Whereas , in order to take into account the possible animals in question until the quota is exhausted ; trend of imports of the aforementioned animals into whereas, having regard to the principles defined the said Member States, the quota amount of 5 000 above , the Community nature of the quota can be head should be divided into two parts, the first part respected by allocating the Community tariff quota being allocated among certain Member States, the second forming a reserve intended subsequently to (') OJ No C 118 , 16 . 5 . 1977 , p . 71 . cover the requirements of these Member States when (2 ) OJ No L 73 , 27 . 1972 , p . 14 . their initial shares are exhausted and requirements
23 . 6 . 77 Official Journal of the European Communities No L 154/7
which may arise within other Member States ; whereas 2. Eligibility for this tariff quota shall be subject to in order to ensure a certain degree of security for the submission : importers in the aforementioned Member States, the first part of the Community quota should be deter in the case mined at a comparatively high level which under the of bulls : of a pedigree certificate, present circumstances may be about 70 % of the in the case quota amount ; of female animals of a pedigree certificate or certificate of registration in the herdbook, certifying Whereas , the initial shares of those Member States purity of breed. may be used up more or less rapidly ; whereas, in order to take this fact into account and avoid any 3 . The said quota shall be administered in accor break in continuity, it is important that that Member dance with the following Articles. State having used up almost the whole of its initial share should draw an additional share from the 4. For the purpose of applying this Regulation, the reserve ; whereas this must be done by each of these levy fixed in accordance with Article 12 of Regulation Member States as and when each of its additional (EEC) No 805/68 ( ! ) shall, as regards imports effected shares is almost entirely used up, and repeated as under the conditions laid down in Article 2 (4) of many times as the reserve allows ; whereas the initial Regulation (EEC) No 193/75 (2), be applied to any and additional shares must be available until the end quantities exceeding those indicated in the import of the quota period ; whereas such method of adminis licence . tration calls for close cooperation between Member States and the Commission , which must, in particular, Article 2 be able to observe the extent to which the quota amounts are used and inform Member States thereof ; Within the framework of the quota referred to in Article 1 ( 1 ), the Common Customs Tariff duty for the Whereas, if, at a specified date within the quota animals referred to in the said paragraph shall be period, a considerable balance of the initial share of suspended at 4 % . one or other of the Member States is left over, it is essential that that State should return a considerable Article 3 part of such balance to the reserve in order that part of the Community quota should not remain unused 1 . A first part of 3 500 head shall be allocated in one Member State while it could be used in others ; among the Member States listed below. The shares shall apply from 1 July 1977 to 30 June 1978, subject to Article 7, and shall be as follows : Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Germany : 150 head, Luxembourg are united in and represented by the France : 100 head, Benelux Economic Union , any measure concerning Ireland : 25 head, the administration of the shares allocated to that Italy : 3 150 head, economic union may be carried out by any one of its United Kingdom : 75 head . members, 2. The second part of 1 500 head shall be held as a Community reserve .
3 . Imports of the animals concerned shall be subject to the provisions adopted under Regulation HAS ADOPTED THIS REGULATION : (EEC) No 974/71 (3), as last amended by Regulation (EEC) No 557/76 (4), as regards the fluctuation of the currencies of certain Member States .
Article1¶
If requirements arise in countries of the Benelux 1 . During the period 1 July 1977 to 30 June 1978 , Economic Union or in Denmark for cattle referred to a Community tariff quota of 5 000 head shall be in Article 1 ( 1 ), these Member States shall draw an opened within the European Economic Community adequate share from the reserve, in so far as the in respect of the imports from third countries of bulls, reserve permits . cows and heifers, other than those intended for slaughter, of the following mountain breeds : the (') OJ No L 148 , 28 . 6 . 1968 , p. 24. mottled Simmental breed and the Schwyz and (2 ) OJ No L 25, 31 . 1 . 1975, p. 10 . Fribourg breeds, falling within subheading ex 01.02 A (} ) OJ No L 106, 12 . 5. 1971 , p . 1 . II b) of the Common Customs Tariff. (4) OJ No L 67 , 15 . 3 . 1976 , p . I.
/
No L 154/8 Official Journal of the European Communities 23 . 6 . 77
Article5¶
1 . If 90 % or more of the initial share of one of the The Commission shall keep accounts of the amounts Member States referred to in Article 3 , or of that share of the shares opened by Member States in accordance less the amount returned to the reserve , where Article with Articles 3 , 4 and 5 and shall inform each of them 7 has been applied, has been used up, that Member of the extent to which the reserve has been exhausted State shall immediately, by notifying the Commission , as soon as it receives the notification . draw a second share, in so far as the reserve permits, equal to 15% of its initial share, rounded off The Commission shall , not later than 1 April 1978 , 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 The Member States shall take all measures necessary these Member States has been used up, that Member to ensure that when additional shares are drawn State shall, in accordance with paragraph 1 , draw a pursuant to Article 4 or 5 it is possible for imports to fourth share equal to the third . be 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 the access to the tariff quota in question reasons to consider that such shares might not be is restricted to cattle as specified in Article 1 ( 1 ) and exhausted . They shall inform the Commission of the (2). 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 Article 6 tory . Additional shares drawn in pursuance of Article 5 3 . The extent to which a Member State has used up shall apply until 30 June 1978 . its share shall be determined on the basis of the imports of the product in question entered with the customs authorities for home use . Article 7
Member States shall return to the reserve , not later A rticle 1 1 :han 25 March 1978 , the unused portion of their nitial share in excess , on 5 March 1978 , of 20 % of :he initial amount. They may return a larger quantity On request by the Commission , Member States shall f there are reasons to consider that such quantity may inform it of imports actually charged against their lot be used . shares .
However, amounts for which import certificates have :> een issued but not used shall not be returned to the Article 12 "eserve . Member States and the Commission shall cooperate rhe 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 : he 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 .
23 . 6 . 77 Official Journal of the European Communities No L 154/ 9
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