31977R2861

23 . 12 . 77 Official Journal of the European Communities No L 330 / 7

COUNCIL REGULATION (EEC) No 2861 / 77

of 19 December 1977 opening, allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II b) of the Common Customs Tariff ( 1978 )

THE COUNCIL OF THE EUROPEAN 1968 on the common organization of the market in COMMUNITIES, beef and veal (4), as last amended by Regulation (EEC) No 425/77 (5), should be applied to any quantity exceeding that indicated in the licence ; Having regard to the Treaty establishing the European Economic Community, Whereas, since the tariff quota in question is relatively small , it ought to be possible to provide for a system Having regard to the proposal from the Commission, of allocation based on a single apportionment between the Member States, without thereby dero­ Having regard to the opinion of the European Parlia­ gating from its Community nature ; whereas it appears ment ( J ), best to leave to each Member State the choice of a management system for its share of the quota ; Whereas, in the context of the GATT, the Commu­ nity has undertaken to open, at a duty of 20 % , an Whereas, since the Kingdom of Belgium, the annual Community tariff quota of 38 500 tonnes of Kingdom of the Netherlands and the Grand Duchy of frozen beef and veal falling within subheading 02.01 Luxembourg are united within and jointly represented A II b) of the Common Customs Tariff, expressed as by the Benelux Economic Union, any operation boned or boneless meat ; whereas, therefore, this tariff concerning the administration of the quota shares allo­ quota should be opened on 1 January 1978 ; cated to that economic union may be carried out by any one of its members ;

Whereas equal and continuous access to the quota Whereas, if at a given date during the quota period it should be ensured for all persons concerned and the is found that a balance of a quota share remains in rate laid down for the tariff quota should be applied one or other Member State, it will be necessary, where consistently in all Member States to all imports of the appropriate, to re-allocate the amounts which have product in question until the quota is used up ; not been used up, in order that they might be used up whereas a system of utilization of the Community by other Member States, 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 HAS ADOPTED THIS REGULATION : sent as closely as possible the actual market trends in the product in question, the allocation should be proportionate to the requirements of the Member Article 1 States calculated with reference to statistical data on imports from third countries during a representative reference period and to the economic prospects for 1 . A Community tariff quota for frozen beef and the quota year in question ; veal falling within subheading 02.01 A II b) of the Common Customs Tariff, totalling 38 500 tonnes expressed as boned or boneless meat, is hereby Whereas, pursuant to Article 2 (4) of Commission opened for 1978 . Regulation (EEC) No 193/75 of 17 January 1975 laying down common detailed rules for the applica­ For the purpose of charging imports against this tion of the system of import and export licences and quota, 100 kilograms of unboned meat shall be taken advance fixing certificates for agricultural products (2), to be equivalent to 77 kilograms of boned or boneless as last amended by Regulation (EEC) No 1 470/77 (3), meat . import licences authorize the importation of a quan­ tity exceeding by 5 % the quantity indicated therein ; 2 . Imports of those goods which have been whereas, however, the levy provided for in Article 12 admitted under the benefit of another preferential of Council Regulation (EEC) No 805/68 of 27 June tariff regime shall not be set off against this tariff quota . /) Opinion delivered 16 December 1977 (not yet published in the Official Journal). 2) OJ No L 25, 31 . 1 . 1975, p. 10 . (4) OJ No L 148 , 28 . 6 . 1968 , p. 24. [>) OJ No L 162, 1 . 7. 1977, p. 1 1 . (5) OJ No L 61 , 5. 3 . 1977, p. 1 .

No L 330/ 8 Official Journal ot the European Communities 23 . 12. 77

3 . The Common Customs Tariff duty for this quota within their territories, free access to the quota shares shall be 20 % . allocated to them .

4. For the purpose of applying this Regulation , the 2 . The extent to which the shares of the Member levy fixed in accordance with Article 12 of Regulation States have been used up shall be verified on the basis ( EEC) No 805/68 shall , as regards imports effected of imports as the product is presented for customs under the conditions laid down in Article 2 (4) of clearance under the declaration for consumption . Regulation ( EEC) No 193 / 75 , be applied to any quanti­ ties exceeding those indicated in the import licence . Article 4 Article 2 1 . The quantity of 38 500 tonnes shall be divided The Member States shall regularly inform the Commission of imports which have been charged into two parts, one totalling 22 000 tonnes, the other 16 500 tonnes, allocated as follows : against their shares .

For the part For the part Article 5 totalling totalling 22 000 tonnes 16 500 tonnes The Member States and the Commission shall coop­ Benelux 2 423 1 817 erate closely to ensure that this Regulation is Denmark 1 1 1 84 complied with . Germany 4 334 3 251 France 1 532 1 148 Ireland — — Article 6 Italy 6 314 4 736 United Kingdom 7 286 5 464 The Commission shall , not later than 1 October 1978 , submit to the Council a report on the quantities for 22 000 tonnes 1 6 500 tonnes which licences have been delivered in each Member State . 2. Imports of the product concerned shall be subject to the provisions adopted under Regulation The Council, acting by a qualified majority on a pro­ (EEC) No 974/71 ('), as last amended by Regulation posal from the Commission, shall, where appropriate, ( EEC) No 557/76 (2), as regards the fluctuation of the re-allocate the amounts which have not been used up. currencies of certain Member States .

Article7¶

1 . The Member States shall take all appropriate This Regulation shall enter into force on 1 January steps to guarantee all persons concerned , established 1978 .

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

Done at Brussels, 19 December 1977 .

For the Council

The President

H. SIMONET

(') OJ No L 106, 12. 5 . 1971 , p. 1 . (2 ) OJ No L 67, 15 . 3 . 1976, p. 1 .