31987R1867

No L 176 / 22 1 . 7 . 87 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 1867 / 87

of 25 June 1987 opening, allocating and providing for the administration of a Community tariff quota of 42 600 head of heifers and cows, other than those intended for slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , abovementioned quota , and the uninterrupted application of the quota duties , to all imports of the animals in question until the quota is exhausted ; whereas, having Having regard to the Treaty establishing the European regard to the principles defined above , the Community Economic Community , and in particular Articles 43 and nature of the quota can be respected by allocating the 113 thereof, Community tariff quota among the Member States ; whereas possibilities for the use of such mountain breeds are , however, limited by special factors , both geographical Having regard to the Act of Accession of Spain and and zootechnical ; whereas certain Member States do not Portugal , have regions suitable for breeding this kind of cattle ; whereas , however, in view of such special factors, the Having regard to the proposal from the Commission , Community nature of the tariff quota in question should be preserved by making provision for requirements which may arise in these Member States ; whereas , to this end , Having regard to the opinion of the European these Member States proceed to draw adequate shares from Parliament (*), the Community reserve which has been set up ; whereas , in order to reflect as closely as possible the actual trend of the Whereas the European Economic Community undertook, market in question , the initial allocation must be made in within the framework of GATT , to open an annual proportion to the requirements of each of the Member Community tariff quota of 20 000 head at a duty of 6 % States concerned , calculated in accordance with statistical for heifers and cows , other than those intended for data concerning imports from third countries during a slaughter , of certain mountain breeds , falling within representative reference period and with economic subheading ex 01.02 A II of the Common Customs Tariff; prospects for the quota period in question ; whereas eligibility for such quota is subject to conditions to be determined by the competent authorities of the Member State of destination ; whereas , in an Exchange of Letters with Austria dated 21 July 1972 , the Community Whereas , since the animals in question belong to certain specific breeds which are not specified as such in the undertook unilaterally to increase the size of the tariff statistical nomenclatures of the Member States , no data on quota from 20 000 to 30 000 head and to lower the quota duty from 6 to 4 % ; whereas , subsequently , this quota was imports provided by the Member States could be considered to be sufficiently accurate and representative to increased unilaterally to 38 000 head ; be used as a basis for the allocation in question ; whereas the extent to which Community tariff quotas for those Whereas according to the Agreement in the form of an animals in the Community have been exhausted and the Exchange of Letters of 14 July 1986 , which was adopted estimates made by certain Member States enable the by Decision 86 / 555 / EEC ( 2 ), the volume of this tariff requirements of each of them as regards imports from third quota was raised to 42 600 head as from 1 July 1986 ; countries for the quota period envisaged to be assessed as whereas the abovementioned tariff quota for the period follows : 1 July 1987 to 30 June 1988 should therefore be opened at a duty of 4 % in relation to a quantity of 42 600 head ; whereas , however, under the terms of Article 282 of the Germany 20 000 head France 1 800 head 1985 Act of Accession , the Portuguese Republic is Italy 16 000 head authorized to postpone , until the beginning of the second Greece 3 000 head stage , the progressive application to imports of preferences granted , unilaterally or by agreement , by the Community to certain third countries ; whereas in the absence of precise information , the needs of the Benelux countries , the United Kingdom , Ireland and Whereas it is in particular necessary to ensure equal and Spain may be assessed at 100 , 50 , 50 and 100 head continuous access for all Community importers to the respectively;

Whereas , in order to take into account the possible trend of imports of the aforementioned animals into the said (>) OJ No C 156 , 15 . 6 . 1987 . Member States , the quota amount of 42 600 head should (*) OJ No L 328 , 22 . 11 . 1986 , p. 57 . be divided into two parts , the first being allocated among

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certain Member States , the second forming a reserve reserve in order that part of the Community tariff quota should not remain unused in one Member State while it intended subsequently to cover the requirements of those Member States when their initial shares are exhausted and could be used in others ; requirements which may arise within other Member States; whereas , in order to ensure a certain degree of security for Whereas it is possible that , during the period of importers in the aforementioned Member States , the first applicability of the said quota , the nomenclature used by part of the Community quota should be determined at a the Common Customs Tariff will be replaced by the level which , under the present circumstances , may be combined nomenclature based on the International approximately 76 % of the quota amount; Convention on a harmonized system of designation and codification of goods ; Whereas the initial shares of those Member States may be used up more or less rapidly ; whereas, in order to take this Whereas , since the Kingdom of Belgium , the Kingdom of fact into account and avoid any break in continuity, it is the Netherlands and the Grand Duchy of Luxembourg are important that that Member State having used up almost the whole of its initial share should draw an additional united within and jointly represented by the Benelux Economic Union , any measure concerning the share from the reserve; whereas this must be done by each administration of the shares allocated to that economic of these Member States as and when each of its additional union may be carried out by any one of its members , 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 of the quota period ; whereas such method of administration calls for close cooperation between Member States and the HAS ADOPTED THIS REGULATION Commission , which latter must, in particular, be able to observe the extent to which the quota amounts are used and inform Member States thereof; Article 1

Whereas if, at a specified date within the quota period , a 1 . From 1 July 1987 to 30 June 1988 , the duty applicable considerable balance of the initial share of one or other of to the import of the animals designated hereafter shall be the Member States is left over , it is essential that that State suspended at the level indicated in Article 2 within the limit should return a considerable part of such balance to the of the relevant Community tariff quota mentioned 0 ):

CCT Combined Order Quota heading nomenclature Description No volume No code

09.0001 ex 01.02 A II ex 0102.90-10 Cows and heifers , other than those intended for ex 0102.90-31 slaughter , of the following mountain breeds : ex 0102.90-33 grey , brown , yellow and mottled Simmental breed and mottled Pinzgau breed 42 600 head

2 . For the purposes of this Regulation , the animals referred to in the said paragraph shall be abovementioned cows and heifers shall be considered not suspended at 4 % . intended for slaughter if they are not slaughtered within four months following the date of their importation . Within the limits of this tariff quota , the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions in the Derogations may , however , be granted in the event of an Act of Accession . act of God duly attested by a local authority certificate setting out the reasons for the slaughter.

Article 3 3 . The said quota shall be administered in accordance 1 . A first part of 32 500 head shall be allocated among with the following Articles. the Member States listed below. The shares shall apply

(') The numbers appearing in the column 'Combined Article 2 nomenclature code' will replace those appearing in the column 'CCT heading No' as from the date of entry into force of the Within the framework of the quota referred to in International Convention on a harmonized system of Article 1 ( 1 ), the Common Customs Tariff duty for the designation and codification of goods .

No L 176 / 24 1 . 7 . 87 Official Journal of the European Communities

Article 6 from 1 July 1987 to 30 June 1988 subject to Article 7, and shall be as follows : The additional shares drawn in pursuance of Article 5 shall Benelux 100 head apply until 30 June 1988 . Germany 16 000 head Greece 2 600 head Spain 100 head France 1 600 head Article 7 Ireland 50 head Italy 12 000 head Member States shall return to the reserve , not later than United Kingdom 50 head 1 March 1988 , the unused portion of their initial share in excess , on 15 February 1988 , of 5 % of the initial amount. They may return a larger quantity if there are reasons to 2 . The second part of 10 100 head shall be held as a consider that such quantity may not be used. Community reserve .

However , amounts for which import certificates have been Article 4 issued but not used shall not be returned to the reserve .

If an importer notifies an imminent importation of the The Member States shall , not later than 1 March 1988 , animals in question in Denmark and requests the benefit of the quota , the Member State concerned shall inform the notify the Commission of the total imports of the animals Commission and draw an amount corresponding to these in question effected, up to 15 February 1988 inclusive, and requirements to the extent that the available balance of the charged against the tariff quota, the amounts referred to in reserve permits this. the second subparagraph and , where appropriate , the proportion of their initial share that they return to the reserve .

Article5¶

1 . If 90 % or more of the initial quota share of one of the Article 8 Member States referred to in Article 3 , or of that share less the amount returned to the reserve , where Article 7 has The Commission shall keep accounts of the amounts of the been applied, has been used up , that Member State shall shares opened by Member States in accordance with immediately, by notifying the Commission , draw a second Articles 3 , 4 and 5 and shall inform each of them of the share in so far as the reserve permits, equal to 10 % of its extent to which the reserve has been exhausted as soon as it initial share , rounded off upwards , if necessary , to the next receives the notifications . unit .

The Commission shall , not later than 5 March 1988 , notify 2 . If, after the initial share has been exhausted , 90 % or Member States of the amount in the reserve after the return more of the second share drawn by one of these Member of shares pursuant to Article 7 . States has been used up , that Member State shall , in accordance with paragraph 1 , immediately draw a third share equal to 5 % of its initial share , rounded off The Commission shall ensure that any drawing which upwards, if necessary , to the next unit. exhausts the reserve is limited to the balance available and , to this end , shall specify the amount thereof to the Member State making the last drawing.

3 . If, after the second share has been exhausted , 90 % or more of the third share drawn by one of these Member States has been used up , that Member State shall in Article 9 accordance with paragraph 1 , draw a fourth share equal to the third . Member States shall take all measures necessary to ensure that when additional shares are drawn pursuant to Articles 4 or 5 it is possible for imports to be counted The same method shall be applied until the reserve is without interruption against their accumulated shares of exhausted . the Community quota .

4 . By way of derogation from paragraphs 1 , 2 and 3 , each of these Member States may draw shares lower than those Article 10 fixed in these paragraphs if there are reasons to consider that such shares might not be exhausted . They shall inform 1 . Member States shall take all measures necessary to the Commission of the grounds which led them to apply ensure that access to the tariff quota in question is this paragraph . restricted to cattle as specified in Article 1 ( 1 ) and (2 ).

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2 . They shall ensure free access to the shares allocated to Article 12 them for importers . Member States and the Commission shall cooperate closely 3 . The extent to which the shares of the Member States to ensure that the provisions of this Regulation are have been used up shall be recorded on the basis of imports observed . submitted for customs clearance under cover of declarations that they have been made available for free circulation . Article 13

4 . Where import documents are used for the The Council shall adopt, in good time , the adjustments to administration of the quota , they shall be sent to the the International Convention on the harmonized system of issuing body as soon as possible and at all events on their designation and codification of goods, which are necessary expiry . both for the codification and for the designation of goods .

Article 1 1 Article 14 On request by the Commission , Member States shall inform it of imports actually charged against their shares . This Regulation shall enter into force on 1 July 1987 .

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

Done at Luxembourg, 25 June 1987 .

For the Council

The President

H. DE CROO