Keywords
Summary

Keywords

1 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - MEMBER STATES ' ADMINISTRATIVE POWERS - ALLOCATION OF NATIONAL QUOTA SHARES - CONDITIONS

2 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - MEMBER STATES ' ADMINISTRATIVE POWERS - ALLOCATION OF NATIONAL QUOTA SHARES - CRITERIA - REFERENCE TO PURCHASES OF BEEF AND VEAL FROM INTERVENTION AGENCIES - WHETHER COMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET - CONDITIONS

( REGULATION NO 805/68 OF THE COUNCIL , ART . 7 ( 1 ))

3 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - MEMBER STATES ' ADMINISTRATIVE POWERS - FINANCIAL ADVANTAGES OBTAINED FROM AN INCORRECT ALLOCATION OF A NATIONAL QUOTA SHARE - WHETHER STATE AID - NO

( EEC TREATY , ARTS 92 AND 93 )

4 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - MEMBER STATES ' ADMINISTRATIVE POWERS - ALLOCATION OF NATIONAL QUOTA SHARES - CRITERIA - REFERENCE TO IMPORTS AND EXPORTS WITHIN THE COMMUNITY AND EXPORTS TO NON-MEMBER COUNTRIES - PERMISSIBLE

( COUNCIL REGULATION NO 2956/79 , ART . 3 ( 1 ))

Summary

1 . THE COMMUNITY NATURE OF A TARIFF QUOTA DOES NOT PREVENT A MEMBER STATE FROM REGULATING , WITHIN THE LIMITS OF ITS ADMINISTRATIVE POWERS , ACCESS BY THE PERSONS CONCERNED TO THE QUOTA SHARE WHICH IT HAS BEEN ALLOCATED SO LONG AS IT DOES NOT DEPRIVE SOME PERSONS CONCERNED OF ACCESS TO THE SHARE ALLOCATED TO THAT STATE AND SO LONG AS THE DIFFERENT CATEGORIES OF TRADERS AND THE TOTAL QUANTITIES TO WHICH THOSE CATEGORIES HAVE ACCESS ARE NOT DETERMINED IN AN ARBITRARY MANNER . SUCH A SYSTEM DOES NOT END EQUAL TREATMENT OF THOSE PERSONS IF IT IS APPLIED BY THE STATES CONCERNED TO ALL PERSONS ESTABLISHED WITHIN THEIR TERRITORIES .

2.IT IS NOT CONTRARY TO ARTICLE 7 ( 1 ) OF REGULATION NO 805/68 , THE AIM OF WHICH IS TO AVOID ANY DISTURBANCE OF THE MARKET WHEN PRODUCTS BOUGHT IN BY INTERVENTION AGENCIES ARE DISPOSED OF AND TO ENSURE EQUAL ACCESS TO GOODS HELD BY THOSE AGENCIES , FOR A MEMBER STATE TO TAKE ACCOUNT , TO A LIMITED EXTENT , OF PURCHASES OF BEEF AND VEAL HELD BY INTERVENTION AGENCIES AS A CRITERION FOR ALLOCATING ITS SHARE OF THE COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL . HOWEVER , IT IS NOT PROPER TO TAKE ACCOUNT SOLELY OF PURCHASES FROM A PARTICULAR INTERVENTION AGENCY .

3.THE FINANCIAL ADVANTAGE WHICH TRADERS DERIVE FROM RECEIVING A SHARE IN A COMMUNITY TARIFF QUOTA IS NOT GRANTED THROUGH STATE RESOURCES BUT THROUGH COMMUNITY RESOURCES BECAUSE THE LEVY WHICH IS WAIVED IS PART OF COMMUNITY RESOURCES . THEREFORE ANY INCORRECT APPLICATION OF COMMUNITY LAW , EVEN IF TAKING THE FORM OF AN INCORRECT ALLOCATION OF A TARIFF QUOTA , MAY ONLY BE DEALT WITH AS A BREACH OF THE RELEVANT PROVISIONS OF COMMUNITY LAW ; IT MAY NOT BE REGARDED AS STATE AID OR AID GRANTED THROUGH STATE RESOURCES .

4 . IT IS NOT CONTRARY TO COUNCIL REGULATION NO 2956/79 FOR A MEMBER STATE TO TAKE ACCOUNT OF IMPORTS AND EXPORTS OF BEEF AND VEAL IN OTHER MEMBER STATES AND EXPORTS OF BEEF AND VEAL TO NON-MEMBER COUNTRIES WHEN ALLOCATING ITS SHARE OF THE COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL .