31978R1375

24 . 6 . 78 Official Journal of the European Communities No L 167/5

COUNCIL REGULATION (EEC) No 1375/78

of 20 June 1978

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 requirements which may arise in these Member COMMUNITIES, States ; whereas, to this end, these Member States may proceed to draw adequate shares from the Community reserve which has been set up ; whereas, in order to Having regard to the Treaty establishing the European reflect as closely as possible the actual trend of the Economic Community, and in particular Articles 43 market in question, the initial allocation must be and 113 thereof, made in proportion to the requirements of each of the Member States concerned, calculated in accordance Having regard to the proposal from the Commission, with statistical data concerning imports from third

countries during a representative reference period and with economic prospects for the quota period in ques­ Having regard to the opinion of the European Parlia­ tion : ment ('),

Whereas the European Economic Community under­ Whereas, since the animals in question belong to took within the framework of the GAIT to open an certain specific breeds which are not specified as such annual Community tariff quota of 5 000 head at a in the statistical nomenclatures of the Member States, duty of 4 % for bulls, cows and heifers, other than no data on imports provided by the Member States those intended for slaughter, of certain Alpine breeds could be considered to be sufficiently accurate and falling within , subheading ex 01.02 A II b) of the representative to be used as a basis for the allocation Common Customs Tariff ; whereas eligibility for such in question ; whereas the extent to which Community quota is subject to submission of the following docu­ tariff quotas for those animals, in the Community as ments : originally constituted, have been exhausted, and the — bulls : pedigree certificate ; estimates made by certain Member States, enable the requirements of each of them as regards imports from — female animals : pedigree certificate or certificate third countries for the quota period envisaged to be of registration in the herdbook, assessed as follows : certifying purity of breed ;

Whereas the abovementioned tariff quota for the Germany 250 head , period 1 July 1978 to 30 June 1979 should, therefore, France 120 head, De opened at a duty of 4 % ; Italy 4 630 head ;

Whereas it is in particular necessary to ensure - equal and continuous access for all Community importers to whereas the needs of the United Kingdom and of he abovementioned quota, and the uninterrupted Ireland may, in the absence of precise information, be application of the quota duties to all imports of the assessed at 75 and 25 head respectively ; unimals 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 espected by allocating the Community tariff quota trend of imports of the aforementioned animals into among the Member States ; whereas possibilities for he use of such mountain breeds are, however, limited the said Member States, the quota amount of 5 000 head should be divided into two parts, the first part >y special factors, both geographical and zootech­ nical ; whereas the Benelux countries and Denmark being allocated among certain Member States, the second forming a reserve intended subsequently to lo not have regions suitable for breeding this kind of cattle ; whereas, however, in view of such special cover the requirements of these Member States when their initial shares are exhausted and requirements actors, the Community nature of the tariff quota in which may arise within other Member States ; whereas question should be preserved by making provision for in order to ensure a certain degree of security for importers in the aforementioned Member States, the ') Opinion delivered on 17. 6. 1978 (not yet published in the Official Journal). first part of the Community quota should be deter­

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

in the case of mined at a comparatively high level which under the female animals : present circumstances may be about 70 % of the of a pedigree certificate or quota amount ; certificate of registration in the herdbook, certifying purity of breed. Whereas the initial shares of those Member States may be used up more or less rapidly ; whereas, in 3. The said quota shall be administered in accor­ order to take this fact into account and avoid any dance with the following Articles. break in continuity, it is important that that Member 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 levy fixed in accordance with Article 12 of Regulation reserve ; whereas this must be done by each of these Member States as and when each of its additional (EEC) No 805/68 (*) shall, as regards imports effected under the conditions laid down in Article 2 (4) of shares is almost entirely used up, and repeated as Regulation (EEC) No 193/75 (2), be applied to any many times as the reserve allows ; whereas the initial and additional shares must be available until the end quantities exceeding those indicated in the import licence . of the quota period ; whereas such method of adminis­ 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 one or other of the Member States is left over, it is suspended at 4 % .

essential that that State should return a considerable part of such balance to the reserve in order that part Article 3 of the Community quota should not remain unused in one Member State while it could be used in others ; 1 . A first part of 3 500 head shall~'be~aH6caf(ed among the Member States listed, below. The shares Whereas, since the Kingdom of Belgium, the shall apply from 1 July 1978 to 30 June 1979, subject Kingdom of the Netherlands and the Grand Duchy of to Article 7, and shall be as follows : Luxembourg are united in and represented by the Benelux Economic Union, any measure concerning the administration of the shares allocated to that Germany 150 head, France 100 head, Economic Union may be carried out by one of its Members, Ireland 25 head, Italy 3 150 head, 75 head . United Kingdom

2. The second part of 1 500 head shall be held as a HAS ADOPTED THIS REGULATION : Community reserve.

3. Imports of the animals concerned shall be Article 1 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 1 . During the period 1 July 1978 to 30 June 1979, currencies of certain Member States. a Community tariff quota of 5 000 head shall be opened within the European Economic Community in respect of the imports from third countries of bulls, Article 4 cows and heifers, other than those intended for slaughter, of the following mountain breeds : the If requirements arise in countries of the Benelux mottled Simmental breed and the Schwyz and Economic Union or in Denmark for cattle referred to Fribourg breeds, falling within subheading ex 01.02 A in Article 1 ( 1 ), these Member States shall draw an II b) of the Common Customs Tariff. adequate share from the reserve, in so far as the reserve permits. 2. Eligibility for this tariff quota shall be subject to the submission : (») OJ No L 148 , 28 . 6. 1968 , p. 24. (2) OJ No L 25, 31 . 1 . 1975, p. 10. — in the case of (3) OJ No L 106, 12. 5. 1971 , p. 1 . bulls : of a pedigree certificate ; (4) OJ No L 67, 15. 3 . 1976, p. 1 .

24 . 6 . 78 No L 167/7 Official Journal of the European Communities

Article5¶

1 . If 90 % or more of the initial share of one of the The Commission shall keep account 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 1979, 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 ). 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 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 Article 12 been issued but not used shall not be returned to the

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 .

No L 167/8 Official Journal of the European Communities 24. 6 . 78

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