Keywords
Summary

Keywords

COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - POWER OF MANAGEMENT OF MEMBER STATES - APPORTIONMENT OF NATIONAL SHARES - CRITERIA - PRIOR ALLOCATION OF PART OF THE NATIONAL SHARE TO A SINGLE TRADER - PERMISSIBILITY - CONDITIONS

( COUNCIL REGULATION NO 2861/77 , ART . 3 )

Summary

NEITHER REGULATION NO 2861/77 , OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL NOR OTHER RULES OF COMMUNITY LAW PRECLUDE A MANAGEMENT SYSTEM FOR THE NATIONAL SHARE OF THE QUOTA IN QUESTION WHICH IS BASED UPON A NUMBER OF CRITERIA TO DEFINE THE DIFFERENT CATEGORIES OF TRADERS AND TO FIX THE TOTAL AMOUNTS TO WHICH EACH OF THE CATEGORIES IS TO HAVE ACCESS , PROVIDED THAT SUCH CRITERIA ARE NOT DETERMINED IN AN ARBITRARY WAY AND DO NOT RESULT IN DEPRIVING SOME OF THE PERSONS CONCERNED OF ACCESS TO THE SHARE IN QUESTION .

IN PARTICULAR THERE IS NO REASON WHY A PART OF THE NATIONAL SHARE , DETERMINED IN ADVANCE ON THE BASIS OF THE CRITERIA FOR APPORTIONMENT , MAY NOT BE ALLOTTED IN ADVANCE TO A SINGLE TRADER SO LONG AS THE POSITION OCCUPIED BY THE TRADER IN QUESTION IS DETERMINED IN ACCORDANCE WITH THE ABOVE-MENTIONED CRITERIA . THE FACT THAT UNDER NATIONAL LAW ONE CATEGORY OF TRADERS CONSISTS OF A SINGLE LARGE-SCALE TRADER IS NOT SUFFICIENT BY ITSELF TO PROVE THAT THE CRITERIA ADOPTED BY THAT NATIONAL LAW ARE ARBITRARY .