31978R1374

24. 6 . 78 No L 167/ 1 Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 1374/78

of 20 June 1978

on the opening, allocation and administration of the Community tariff quota of 38 000 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 by special factors, both geographical and zootech­ COMMUNITIES, nical ; whereas Denmark does not have regions suitable for breeding this kind of cattle ; whereas, Having regard to the Treaty establishing the European however, in view of such special factors, the Commu­ Economic Community, and in particular Articles 43 nity nature of the tariff quota in question should be and 1 1 3 thereof, preserved by making provisions for requirements which may arise in this Member State ; whereas, to Having regard to the proposal from the Commission, this end, this Member State may proceed to draw adequate shares from the Community reserve which Having regard to the opinion of the European Parlia­ has been set up ; whereas, in order to reflect as closely ment ('), as possible the actual trend of the market in question, the initial allocation must be made in proportion to Whereas the European Economic Community under­ the requirements of each of the Member States took within the framework of the GAIT to open an concerned, calculated in accordance with statistical annual Community tariff quota of 20 000 head at a data concerning imports from third countries during a duty of 6 % for heifers and cows other than those representative reference period and with economic intended for slaughter of certain mountain breeds prospects for the quota period in question ; falling within subheading ex 01.02 A II b) of the Common Customs Tariff ; whereas eligibility for such quota is subject to conditions to be determined by the Whereas, since the animals in question belong to competent authorities of the Member State of destina­ certain specific breeds which are not specified as such tion ; whereas, in an exchange of letters with Austria in the statistical nomenclatures of the Member States, dated 21 July 1972, the Community has undertaken no data on imports provided by the Member States unilaterally to increase the size of the tariff quota from could be considered to be sufficiently accurate and 20 000 to 30 000 head and to lower the quota duty representative to be used as a basis for the allocation from 6 % to 4 % ; whereas subsequently this quota in question ; whereas the extent to which Community was increased unilaterally to 38 000 head ; whereas the tariff quotas for those animals in the Community as abovementioned tariff quota for the period 1 July originally constituted have been exhausted, and the 1978 to 30 June 1979 should therefore be opened at a estimates made by certain Member States enable the duty of 4 % in relation to a quantity of 38 000 head ; requirements of each of them as regards imports from Whereas it is in particular necessary to ensure equal third countries for the quota period envisaged to be assessed as follows : and continuous access for all Community importers to the abovementioned quota, and the uninterrupted application of the quota duties, to all imports of the Benelux 1 500 head , animals in question until the quota is exhausted ; Germany 10 000 head, whereas, having regard to the principles defined France 3 900. head, above, the Community nature of the quota can be Italy 6 100 head ; respected by allocating the Community tariff quota among the Member States ; whereas possibilities for the use of such mountain breeds are, however, limited whereas, in the absence of precise information the needs of the United Kingdom and Ireland may be (') Opinion delivered on 17. 6. 1978 (not yet published in the Official Journal). assessed at 300 and 200 head ;

No L 167/2 24. 6 . 78 Official Journal of the European Communities

Whereas, in order to take into account the possible brown, yellow and mottled Simmental breed and trend of imports of the aforementioned animals into mottled Pinzgau breed, falling within subheading ex the said Member States, the quota amount of 38 000 01.02 A II b) of the Common Customs Tariff. head should be divided into two parts, the first being 2. For the purposes of this Regulation, the above­ allocated among certain Member States, the second mentioned cows and heifers shall be considered not forming a reserve intended subsequently to cover the intended for slaughter if they are not slaughtered requirements of those Member States when their within four months following the date of their impor­ initial shares are exhausted and requirements which tation . may arise within other Member States ; whereas in order to ensure a certain degree of security for impor­ Derogations may, however, be granted in the event of ters in the aforementioned Member States, the first an act of God (disease, accident) duly attested by a part of the Community quota should be determined at local authority certificate setting out the reasons for • a level which, under the present circumstances, may the slaughter. be approximately 50 % of the 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 4. For the purpose of applying this Regulation, the order to take this fact into account and avoid any levy fixed in accordance with Article 12 of Regulation break in continuity, it is important that that Member (EEC) No 805/68 (') shall, as regards imports effected State having used up almost the whole of its initial under the conditions laid down in Article 2 (4) of share should draw an additional share from the Regulation (EEC) No 1 93/75 (2), be applied to any reserve ; whereas this must be done by each of these quantities exceeding those indicated in the import Member States as and when each of its additional licence . shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial Article 2 and additional shares must be available until the end 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 1 . A first part of 19 000 head shall be allocated period, a considerable balance of the initial share of among the Member States listed below. The shares one or other of the Member States is left over, it is shall apply from 1 July 1978 to 30 June 1979, subject essential that that State should return a considerable to Article 7, and shall be as follows : part of such balance to the reserve in order that part Benelux 1 000 head, of the Community tariff quota should not remain unused in one Member State while it could be used in Germany 8 800 head, France 3 400 head, others ; Ireland 200 head, Italy 5 300 head, Whereas since the Kingdom of Belgium, the 300 head . United Kingdom Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the 2. The second part of 19 000 head shall be held as Benelux Economic Union, any measure concerning a Community reserve. the administration of the shares allocated to that Economic Union may be carried out by one of its 3. Imports of the animals concerned shall be Members, 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 currencies of certain Member States. HAS ADOPTED THIS REGULATION : Article 4

Article 1 If requirements arise in Denmark for cattle referred to in Article 1 ( 1 ), this Member State shall draw an adequate share from the reserve, in so far as the 1 . During the period from 1 July 1978 to 30 June reserve permits . 1979, a Community tariff quota of 38 000 head shall be opened within the European Economic Commu­ (») OJ No L 148 , 28 . 6. 1968, p. 24. nity in respect of the imports from third countries of I2) OJ No L 25, 31 . 1 . 1975, p. 10. cows and heifers, other than those intended for (3) OJ No L 106, 12. 5. 1971 , p. 1 . slaughter, of the following mountain breeds : grey, 4 OJ No L 67, 15. 3 . 1976, p. 1 .

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Article5¶

1 . If 90 % or more of the initial quota share of one The Commission shall keep account of the amounts of the Member States referred to in Article 3, or of of the shares opened by Member States in accordance that share less the amount returned to the reserve, with Articles 3, 4 and 5 and shall inform each of them where Article 7 has been applied, has been used up, of the extent to which the reserve has been exhausted that Member State shall immediately, by notifying the as soon as it receives the notifications. Commission , draw a second share, in so far as the reserve permits, equal to 1 5 % of its initial share, The Commission shall, not later than 1 April 1979, rounded off 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 Member States shall take all measures necessary to these Member States has been used up, that Member ensure that when additional shares are drawn pursuant State shall, in accordance with paragraph 1 , draw a to Article 4 or 5 it is possible for imports to be fourth share equal to the third. 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 access to the tariff quota in question is reasons to consider that such shares might not be restricted to cattle as specified in Article 1 ( 1 ) and (2). exhausted. They shall inform the Commission of the 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 tory. Article 6

3 . The extent to which the shares of the Member The additional shares drawn in pursuance of Article 5 States have been used up shall be recorded on the shall apply until 30 June 1979. basis of imports submitted for customs clearance under cover of declarations that they have been made Article 7 available for consumption .

Member States shall return to the reserve, not later Article 11 than 25 March 1979, the unused portion of their initial share in excess, on 5 March 1979, of 20 % of On request by the Commission, Member States shall the initial amount. They may return a larger quantity inform it of imports actually charged against their if there are reasons to consider that such quantity may shares . not be used .

However, amounts for which import certificates have been issued but not used shall not be returned to the , A rticle 1 2

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 . 1979, notify the Commission of the total imports of the animals in question effected up to 5 March 1979 inclusive and charged against the tariff quota, the Article 13 amounts referred to in the second subparagraph and, where appropriate, the proportion of their initial share that they return to the reserve. This Regulation shall enter into force on 1 July 1978 .

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

Done at Luxembourg, 20 June 1978 .

For the Council

The President

P. DALSAGER

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