3. 4. 86 Official Journal of the European Communities No C 74/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation opening, allocating and providing for the administration of a 
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 of the Common 
Customs Tariff 
COM(86) 106 final 
(Submitted by the Commission to the Council on 5 March 1986) 
(86/C 74/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
113 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas the European Economic Community 
undertook, within the framework of GATT, to open an 
annual Community tariff quota of 20 000 head at a duty 
of 6 % for heifers and cows, other than those intended 
for slaughter, of certain mountain breeds, falling within 
subheading ex 01.02 AII of the Common Customs 
Tariff; 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 has undertaken unilaterally to increase the 
size of the tariff quota from 20 000 to 30 000 head and 
to lower the quota duty from 6 to 4 %; whereas, sub­
sequently, this quota was increased unilaterally to 38 000 
head; whereas the abovementioned tariff quota for the 
period 1 July 1986 to 30 June 1987 should therefore be 
opened at a duty of 4 % in relation to a quantity of 
38 000 head; 
Whereas, pursuant to Article 75 (2) (a) of the Act of 
Accession, Spain is obliged from 1 March 1986 to apply 
in its entirety the duty in the Common Customs Tariff to 
the animals in question; whereas this obligation does not 
apply in the case of Portugal according to the provisions 
of Article 289 (1) of this Act; whereas it is therefore 
necessary to meet import requirements from third 
countries which might arise in Spain; whereas within the 
framework of this tariff quota the duty to be applied by 
that Member State is also 4 %; 
Whereas it is in particular necessary to ensure equal and 
continuous access for all Community importers to the 
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 regard to the principles defined above, 
the Community nature of the quota can be respected by 
allocating the Community tariff quota among the 
Member States; whereas possibilities for the use of such 
mountain breeds are, however, limited by special factors, 
both geographical and zootechnical; whereas Denmark 
does not have regions suitable for breeding this kind of 
cattle; whereas, however, in view of such special factors, 
Community nature of the tariff quota in question should 
be preserved by making provision for requirements which 
may arise in this Member State; whereas, to this end, this 
Member State may proceed to draw adequate shares 
from the Community reserve which has been set up; 
whereas, in order to reflect as closely as possible the 
actual trend of the market in question, the initial 
allocation must be made in proportion to the 
requirements of each of the Member States concerned, 
calculated in accordance with statistical data concerning 
imports from third countries during a representative 
reference period and with economic prospects for the 
quota period in question; 
Whereas, since the animals in question belong to certain 
specific breeds which are not specified as such in the 
statistical nomenclatures of the Member States, no data 
on imports provided by the Member States could be 
considered to be sufficiently accurate and representative 
to be used as a basis for the allocation in question; 
whereas the extent to which Community tariff quotas for 
those animals in the Community have been exhausted 
and the estimates made by certain Member States enable 
the requirements of each of them as regards imports 
from third countries for the quota period envisaged to be 
assessed as follows: 
Germany 20 000 head, 
Greece 2 000 head, 
France 1 800 head, 
Italy 14 000 head; 
No C 74/6 Official Journal of the European Communities 3.4.86 
whereas in the absence of precise information, the needs 
of the Benelux countries, the United Kingdom, Ireland, 
and Spain may be assessed at 100, 50, 50 and 100 head 
respectively; 
Whereas, in order to take into account the possible trend 
of imports of the aforementioned animals into the said 
Member States, the quota amount of 38 000 head should 
be divided into two parts, the first being allocated among 
certains Member States, the second forming a reserve 
intended subsequently to cover the requirements of those 
Member States when their initial shares are exhausted 
and requirements which may arise within other Member 
States; whereas, in order to ensure a certain degree of 
security for importers in the aforementioned Member 
States, the first part of the Community quota should be 
determined at a level which, under the present circums­
tances, may be approximately 79 % of the quota 
amount; 
Whereas, the initial shares of those Member States may 
be used up more or less rapidly; whereas, in order to 
take this fact into account and avoid any 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 reserve; whereas this must 
be done by each of these Member States as and when 
each of its additional 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 Commission, which 
latter must, in particular, be able to observe the extent to 
which the quota amounts are used and inform Member 
States thereof; 
Whereas if, at a specified date within the quota period, a 
considerable balance of the initial share of one or other 
of the Member States is left over, it is essential that that 
State should return a considerable part of such balance 
to the reserve in order that part of the Community tariff 
quota should not remain unused in one Member State 
while it could be used in others; 
Whereas, since the Kingdom of Belgium, the Kingdom 
of the Netherlands and the Grand Duchy of Luxem­
bourg are united within and jointly represented by the 
Benelux Economic Union, any measure concerning the 
administration of the shares allocated to that economic 
union may be carried out by any one of its members. 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. During the period 1 July 1986 to 30 June 1987 a 
Community tariff quota of 38 000 head shall be opened 
within the European Economic Community in respect of 
imports from third countries of cows and heifers, other 
than those intended for slaughter, of the following 
mountain breeds; grey, brown, yellow and mottled 
Simmental breed and mottled Pinzgau breed, falling 
within subheading ex 01.02 AII of the Common 
Customs Tariff. 2. For the purposes of this Regulation, the 
abovementioned cows and heifers shall be considered not 
intended for slaughter if they are not slaughtered within 
four months following the date of their importation. 
Derogations may, however, be granted in the event of an 
act of God duly attested by a local authority certificate 
setting out the reasons for the slaughter. 
3. The said quota shall be administered in accordance 
with the following Articles. 
Article 2 
Within the framework of the quota referred to in Article 
1 (1), the Common Customs Tariff duty for the animals 
referred to in the said paragraph shall be suspended at 
4%. 
Article 3 
1. A first part of 30 000 head shall be allocated among 
the Member States listed below. The shares shall apply 
from 1 July 1986 to 30 June 1987 subject to Article 7, 
and shall be as follows: 
Benelux 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
United Kingdom 100 head, 
16 000 head, 
2 100 head, 
100 head, 
1 600 head, 
50 head, 
10 000 head, 
50 head. 
2. The second part of 8 000 head shall be held as a 
Community reserve. 
Article 4 
If an importer notifies an imminent importation of the 
animals in question in Denmark and requests the benefit 
of the quota, the Member State concerned shall inform 
the Commission and draw an amount corresponding to 
these requirements to the extent that the available 
balance of the reserve permits this. 
Article 5 
1. If 90 % or more of the initial quota share of one of 
the Member States referred to in Article 3, or of that 
share less the amount returned to the reserve, where 
Article 7 has been applied, has been used up, that 
Member State shall immediately, by notifying the 
Commission, draw a second share in so far as the reserve 
permits, equal to 10 % of its initial share, rounded off 
upwards, if necessary, to the next unit. 
2. If, after the initial share has been exhausted, 90 % 
or more of the second share drawn by one of these 
Member 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 upwards, if necessary, to the next unit. 
3. 4. 86 Official Journal of the European Communities No C 74/7 
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 accordance with paragraph 1, draw a fourth 
share equal to the third. 
The same method shall be applied until the reserve is 
exhausted. 
4. By way of derogation from paragraphs 1, 2 and 3, 
each of these Member States may draw shares lower 
than those fixed in these paragraphs if there are reasons 
to consider that such shares might not be exhausted. 
They shall inform the Commission of the grounds which 
led them to apply this paragraph. 
Article 6 
The additional shares drawn pursuant to Article 5 shall 
apply until 30 June 1987. 
Article 7 
Member States shall return to the reserve, not later than 
1 March 1987, the unused portion of their initial share in 
excess, on 15 February 1987, of 5 % of the initial 
amount. They may return a larger quantity if there are 
reasons to consider that such quantity may not be used. 
However, amounts for which import certificates have 
been issued but not used shall not be returned to the 
reserve. 
The Member States shall, not later than 1 March 1987, 
notify the Commission of the total imports of the 
animals in question effected, up to 15 February 1987 
inclusive, and charged against the tariff quota, the 
amounts referred to in the second subparagraph and 
where appropriate the proportion of their initial share 
that they return to the reserve. 
Article 8 
The Commission shall keep accounts of the amounts of 
the shares opened by Member States in accordance with 
Articles 3, 4 and 5 and shall inform each of them of the 
extent to which the reserve has been exhausted as soon 
as it receives the notifications. 
The Commission shall, not later than 5 March 1987, 
notify Member States of the amount in the reserve after 
the return of shares pursuant to Article 7. The Commission shall ensure that any drawing which 
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. 
Article 9 
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 
without interruption against their accumulated shares of 
the Community quota. 
Article 10 
1. Member States shall take all measures necessary to 
ensure that access to the tariff quota in question is 
restricted to cattle as specified in Article 1(1) and (2). 
2. They shall ensure free access to the shares allocated 
to them for importers. 
3. The extent to which the shares of the Member 
States have been used up shall be recorded on the basis 
of imports submitted for customs clearance under cover 
of declarations that they have been made available for 
free circulation. 
4. Where import documents are used for the 
administration of the quota, they shall be sent to the 
issuing body as soon as possible and at all events on their 
expiry. 
Article 11 
On request by the Commission, Member States shall 
inform it of imports actually charged against their shares. 
Article 12 
Member States and the Commission shall cooperate 
closely to ensure that the provisions of this Regulation 
are observed. 
Article 13 
This Regulation shall enter into force on 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.