W?*:-
lie i *jj$ COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 276 final 
Brussels, 28.06.1994 
94/0156 (ACC) 
H« Amended proposal for a 
COUNCIL REGULATION (EC) 
iW:~ 
*•-•&. opening and providing for the administration or Community 
tariff quotas for bulls, cows and heifers, other than those 
intended for slaughter, of certain Alpine and mountain, Lreeds 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
•£ 
EXPLANATORY MEMORANDUM 
1. At the multilateral GATT negotiations, the European Community 
undertook to open certain annual Community quotas including, in the 
agricultural sector, those set out below: 
OCT heading Description of goods volume Quota 
ex 01.02 Cows and heifers, not intended for 
slaughter, of the following mountain 
breeds; grey, brown, yellow and 
mottled Sinmental breed and Pinzgau 
breed (conditions to be determined 
by the competent authorities of the 
Member State of destination) 20 000 head 6% 
ex 01.02 Bulls, cows and heifers, not intended 
for slaughter, of the following breeds; 
mottled Sinmental breed and Schwyz and 
Fribourg breeds. If they are to come 
within the quota, animals of the breeds 
in question must satisfy the following 
requirements: 
-bulls: pedigree 
-female animals: pedigree or certificate 
of registration in herdbook certifying 
purity of breed. 5 000 head 4% 
2. The tariff quotas in question were first opened on 1 July 1970 in 
response to requests from the Swiss and Austrian authorities, and 
cover the period from 1 July in each year to 30 June in the following 
year. 
3. In an exchange of letters with Austria dated 21 July 1972, the 
Community undertook uni laterally to increase the size of the first 
tariff quota set out above from 20 00 to 30 000 head and to lower the 
quota duty from 6% to 4%. The quota volume was again uni lateral ly 
increased to 38 000 head from the end of 1977. And under an agreement 
in the form of exchange of letters dated 14 July 1986 which was 
adopted by the council's Decision of 15 September 1986 (OJ No L 328 
of 22 November 1986 p. 57), the volume of this tariff quota was once 
more raised to 42 600 head, as from 1 July 1986. 
3 
4. To take account of the consequences of Austria's accession to the 
Community from 1 January 1995, it would be appropriate to divide the 
volume of 42 600 head into two six-month tranches, that is 21 300 
head until 31.12.1994 (half of the GATT-consolidated annual volume 
plus half of the autonomous annual quantity) and 10 000 head until 
30.6.1995 (half of the consolidated annual volume). The Community 
reserves the right to adapt the quantity of the second tranche in 
accordance with the consequences of a possible renégociation in the 
GATT, which would affect the tariff quota. 
5. These quotas were opened most recently by Regulations (EEC) Nos 
1918/93 and 1919/93 of 12 July 1993 (0J No L 174 of 17.7.1993), for 
the period from 1 July 1993 to 30 June 1994. 
6. In order to meet community obligations, it is therefore necessary to 
adopt Regulations on the opening and administration of the Community 
tariff quotas, for periods running from 1 July to 31 December 1994 
and 1 January to 30 June 1995 and from 1 July 1994 to 31 December 
1995. 
7. As with other Community tariff quotas, the proposal does not provide 
for the quota-volumes to be divided up between Member States but the 
possibility for the Member States to benefit from the latter by means 
of certificates of participation. 
8. To respond to the request of certain Member States who, knowing large 
imports of Iiving animals, fearing difficulties in administrât ion as 
well as problems of speculation in this area, it has been Judged 
appropriate to limit the number of non-traditional beneficiaries of 
these quotas to those who can prove to have imported and/or exported, 
in the course of the previous year, at least 20 living animals. 
9. To facilitate greater respect for the condition of non-slaughtering, 
it is considered suitable to submit the favourable tariff treatment 
in question to customs supervision of the end-use of these animals. 
This is the purpose of the attached proposal 
4 
Amended proposal for 
COUNCIL REGULATION (EC) 
opening and providing for the 
tariff quotas for bulls, cows 
intended for slaughter, of cert 
THK COUNCIL OF THI: EUROPEAN UNION 
Having regard to the Treaty establishing the Fiuropca:. 
Community, and in particular Article II-
thereof. 
Having regard to the proposal fiom the Commission 
Whereas the European Community has undertaken 
within the framework of the General Agreement 
on Tariffs and Trade (GATT), to open an annuel 
Community tariff quota of 5 000 head at a duty 
of 4 % for bulls, cows and heifers, other than 
those intended for slaughter of the mottled 
S immental breed and the Schwyz and Fribourg 
breeds, and another annual Community tariff 
quota of 20 000 head at a duty of 6 % for cows 
and heifers, other than those intended for 
slaughter, of the grey, brown, yellow and 
mottled Simmentol breed and mottled Pintzgau 
breed; 
whereas, in an exchange of letters with Auslri > 
doted 21 July 1972. the Community undertook 
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, 
subsequently, this quota was increased 
unilaterally to 38 000 heod; whereos according 
to the Agreement in the form of an exchange of 
letters between the European Community and the 
Republic of Austrio concerning agriculture of 
14 July 1986. which was approved by Decision 
86/555/EECv1), the volume of this tariff quota 
was raised to 42 600 head as from 1 July 1986; 
whereas the'imported animals should be subject 
to a control thotthey ore not slaughterer for 
a certain period; whereas Council Régulât! 
(EEC) N* 2913/92^2) provides, in its Article 
82. for customs supervision of goods put into • • 
free circulation at a reduced rate of duty on" 
account of their end—use; whereas with o view 
to the prospect of Community accession by administration of Community 
and heifers, other than those 
am Alpine and mountain breeds 
Austrio and the consequential new situation, 
the tariff quota at order n* 09.0001 should be 
opened in two six-month tranches and the 
Community should reserve itself the possibility 
of moking the necessary adaptations arising 
from the consequences of the enlargement; 
whereas the obove-flient i oned tariff quotas 
should therefore be opened for the periods 
'"iicoted below 
Wh'.reas it is, in particular, necessary to 
ensure equal and continuous access for all 
Community importers to the obovementioned 
quota, ond the uninterrupted application of the 
quota duties, to all imports of the animols in 
question until the quota is exhausted, 
Wherecs the decision for the opening, in the 
execution of its international obligations, of 
tori f f quotas should be taken by the Community, 
whereas, to ensure the efficiency of a common 
administration of these quotas, entitlement 
certificates should be granted in such a way as 
to share the quota volumes in accordance with 
•he needs expressed by importers; 
v- doua-., howevei, this memoi 
<'! .idinini.nation requiies close cooperation between tli> 
Member States and the Commission and the latter muM 
in p.mi.nl.u l>e able to monitor the rate at which the 
.-jij.ii.T- A\r used up and inform the Member States accor 
dmglv . 
Whereas, sun e the Kingdom ol Belgium, the Kingdom of 
&,r Neilx-tl.mds and the Grsnd Duchy of Luxembourg 
aie united within and jointly represented by the Benelux 
Kimomu Union, any measure concerning the admims 
;i.-.:;.m i>( tin- quantities levied bv that economic union 
ni.-y be i.'iru-.i out by any one o'. it: members, 
HAS ADOPTED THIS REGULATION 
Ordei No 
09 0001 
QQ 000 \ <'*«' c<vlr 
-(3)-
ex 0102 90 OS 
ex 0102 90 29 
ex 0102 90 4^ 
ex 0102 90 sv 
ex (1102 **0 <>*' 
ex 0102 90 OS 
ex 0102 90 29 
ex 0102 "0 -J'' I 
r i 
f« Old?.''!! S<J ! 
<•* 0102 ''o <-'' j 
.•. Il I.I.' 'Jfl •'•) I (..ou/s and heifers >th.-! il 
the following moont..iii 
molded Sinimeiu.il *>ree. 
Hulls, t OU.S JIH) h.il'-r. 
siduglllei. ol (lie foll.iuint 
.111.1 (lie S< !ivi\•; .)[. : i•! ;i 
(1) CJ n" L 328 of 22.11.1986. p. 
(2) OJ n' L 30? of 19.10.1992. p 
(3) Taric codes in Annex II 
(a) The control of this particular end-use is 
carried out by application of the relevant 
Community provisions Art icle 1 
For the following periods the duty appli-
v.-.bi. to the import into the Community of the animal' 
designated hereafter shall be suspended at the levé: ano 
withm the limits of the Community tariff quotaSinduatec 
.•i-l-.i I. u|;luei. of 
l!!'' I"!!'>:il !•.:•>«• r.. \<-il.>v. and 
I'ltu.-.V;: t.i.r.j (rl) OU.VJ 
21 300 head from 
1.7.-31 12.94 
: 1o 000 head from 
•1.1 -30.6.95 (b) 4% 
, li,.>•.'•' ;:,"-.,•iY,1 (.•„ , 
(i!ei Si!--.Mi--!ii..| infrr| i 5 000 head from 
(«•I ) i 1 . 7 .94-30.6.95 
(b) The Community reserves the right to adopt 
this quantity as o consequence of enlargement 
3"~ 
?•• !"«' «I«c pu.poses of (his Regulation, the ammals 
referred to ,„ paragraph I shall be considered not 
intended for slaughter if they are no. slaughtered w„hm 
four months of the date of the acceptance of the entry for 
release for free circulation 
Derogations may. however, be granted m the event of 
Jorce majeure duly attested by a local authority certificate 
setting out the reasons for the slaughter. 
3. Eligibility for benefit of the tariff quota 
at order N* 09.0003 is subject to the 
presentot ion of : 
— in the case of bulls ; a pedigree certificate, 
— in the case of female animals . a pedigree certificate or 
certificate of registration in the hcrdbook, certifying 
purity of breed. 
Article ? 
1. The quota volumes referred to in Article 1 
Paragraphe 1 shall be further divided into two 
parts, of 80 % and 20 7, eoch; 
The first part of the volume of 21 300 head 
(order n* 09.0001). i.e. 17 CKO head, and 5 000 
head (order n* 09.0003). i.e. 4 000 head, shall 
be reserved for importers who are able to 
furnish proof of having imported animals under 
the present quota during the previous three 
years. 
The second part of tht volumes of 21 300 head 
and 10 000 head, that Is, 4 260 head for the 
first six-month period, respectively, reserved 
to those importers who can prove to have 
imported, in the course of the previous year, 
at least 15 living animals of the bovine race 
relating to CN code 0102 and which are written 
in a public register of a Member State. 2. The first part shall be assigned to the 
various importers pro rata, in proportion to 
the scale of their previous imports over the 
three years under consideration or to the 
quantities applied for if they are less than 
previous imports while the second part shall be 
assigned to applicants pro rata, in proportion 
to the entitlement opplied for by the 
importers. In the latter case: 
(a) applications for quantities greater than 50 head shall 
be automatically reduced to that number ; 
(b) applications which would give rise to a certificate of 
participation covering 2 quantity of less than 15 head 
shall not be taken into account ; 
(c) quantities which have not been assigned, owing to the 
minimum *î5 head limitai.on shall be assigned by 
drawing lois (with a l-,..;urc of 15 head). 
3. Any quantities of one ol the parts of the tariff quota 
referred to in paragraph I not applied for shall be auto­
matically transferred to r • other part. 
Article 3 
Applications to import under each part of the 
tariff quotas, accompanied, where appropriate, 
by the document of previous entry for release 
for free circulation as proof of previous 
imports which shall be cancelled by the said 
authorities after being submitted as proof 
shall be made to the competent authorities in 
the Member States, in accordance with the 
procedures laid down and the deadline set by 
those authorities. 
A single request can be deposited by an 
interested party, this must only be on one or 
other of the parts of a single tariff quota. 
These authorities shall trarrsmit to the 
Commission, not later than 31 July 1994, the 
data thus collected, and in particular: 
- the number of applicants and the number 
of head applied for by each category of 
importer, 
- the average of previous imports furnished 
by each applicant in respect of the 
quantities reserved for established 
importers. 
2. The Commission shall notify the Member 
States, by 6 August 1994 or by 6 February 1995 
of the quantities to be assigned to each 
applicant, in the form, where necessary, of a 
percentage of the amount originally applied 
for, or of that applicant's previous imports. 
3. On the basis of the data referred to in 
paragraphe 2. Member States shall issue 
applicants with certificates specifying the 
number of head to which they are entitled. The 
period of validity of the certificates may not 
go beyond 31 December 1994 or 30 June 1995 
depending on the case. 
G 
The entitlement certificates, a model of which is annexed 
to this Regulation, shall be issued upon provision of a 
security of ECU 20 per head, which shall be released qncc 
the certificates have been returned, complete with the 
customs stamps acknowledging the import of the animals, 
to the issuing authority. 
An entitlement certificate shall not be transferable and 
shall entitle the bearer to benefit from the tariff quota 
only when made out in the same name as the entry for 
release for free circulation which accompanies it. 
The rules laid down in Commission Regulation (EEC) No 
3719/88 of 16 November 1988 laying down common 
detailed rules for the application of the system of import 
and export licences and advance fixing certificates for 
agricultural products ('), as last amended by Regulation 
(EEC) n« 3519/93(2). for the release of the 
security for 
the import certificates or its conversion into revenue shall 
apply to the security referred to in the second subpara­
graph. 
4. Quantities which have not been the subiect of the 
issue of entitlement certificates by 31 October 
1994 or by 31 March 1995 shall be 
finally reassigned under the procedure described in the 
foregoing paragraphs to importers who have applied for 
certificates in respect of their whole entitlements. Article 4 
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 
2. They shall ensure importers equal and continuous 
access to the tariff quota in question. 
3. Depletion of the said quota shall be measured on 
the basis of imports submitted for customs clearance 
under cover of entries for release for free circulation. 
Article 5 
Member States and the Commission shall cooperate 
closely to ensure that the provisions of this Regulation arc 
observed. 
Article 6 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect Iron» I July 1994. 
To this end. Member States shall notify the Commission 
by 10 November 1994 or by 10 Apr il 1995 of the 
quantities which have not been 
the subject of the issue of entitlement certificates by 31 
March 199 5 and furnish the data specified in the third 
subparagraph of paragraph 1. The Commission shall set 
the new percentages for entitlements in each category and 
shall transmit them by not later than 15 
November 1994 or by 15 April 1995 to the 
Member States, which shall then issue the entitlement 
certificates to the applicants under the conditions set out 
in paragraph 3, with a period of validity not extending 
beyond 31 December 1994 or 30 June 1995 
depending on the case 
(') OJ No L 331. 2. 12. 1988. p I 
(2) OJ No L 320, 22.12.199g. p. 16 
This Regulation shall be bind.ng .n us entirety and directly apphcablc ,n all Membe, 
States. 
Done at Brussels, 
l-Ol tin I'.OUUill 
Vu- Vu-"ti< nt 
ê^EÙR'ÔPJ^^ , * ANNEX 1 
ENTITLEMENT CERTIFICATE No' 
COMMUNITY TARIFF QUOTAS FOR 
Cows and heifers other than those intended for slaughter of certain mountain breeds 
.— Bu!ls< cows and heifers other than those intended for slaughter of certain Alpine breeds 
1. Holder (Namo. complete address and Member State) 
NOTES 
A This certificate is valid in all Member States of the Community 
B. This certificate most be attached to the entry for release for free 
circulation, and the entry must itself be drawn up in the name of 
the holder's of this certificate. 
C.-The customs office concerned should write off the quantities 
;'released for free circulation and return this certificate to the holder 
tor the holders representative. 
O..The holder must return this certificate to the issuing authority to 
'obtain release of the guarantee. 2. Issuing authority 
3 This certificate is valid until and including 
Place and date of issue 
Signature and stamp of issuing authority day month year 
4. Description of animals 5 CN code 
6 Number of head in figures 
7. Number of head in words 
8. WRITING OFF BY CUSTOMS OFFICES (in column 9. indicate in part 1 the quantity available, and in part 2 the quantity written off) 
9. Number of head 
in figures 
1. 
2. 
1. 
2. 
1. 
2. 10. Number of head in words for the 
quantity wrinen off 
• ,-: •: 11. Number and date of acceptance 
of the entry for release for free 
circulation 12. Name. Member State, 
signature and stamp 
of the customs office 
-
8 
ANNEX II 
Tarie codes 
Order No CN code Tarie code 
09.0001 ex 0102 90 05 0102 90 05*20 
•40 
ex 010290 29 010290 29*20 
*40 
ex 010290 49 01029049*20 
*40 
ex 010290 59 010290 59*11 
•19 
*31 
•39 
ex 0102 90 69 01029069*10 
•30 
09.0003 ex 0102 90 05 01029005*30 
*40 
*50 
ex 0102 90 29 0102 90 29*30 
*40 
*50 
ex 0102 90 49 010290 49*30 
'40 
'50 
ex 0102 90 59 0102 90 59*21 
*29 
*31 
*39 
ex 0102 90 69 0102 90 69*20 
*30 
ex 0102 90 79 010290 79*21 
*29 
ï 
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 113 of the Treaty 
3. Title of the tariff measure concerned : Amended proposal for a 
Council Regulation opening and providing for the administration of 
Community tariff quotas for bulls, cows and heifers, other than those 
intended for slaughter, of certain Alpine and mountain breeds 
4. Object ive : Fulfilment of contractual obiigations of the Community 
5. Method of calculation : 
21 300 heads at reduced duty of 4% 
10 000 heads at reduced duty of 6% 
5 000 heads at reduced duty of 4% 
Normal duties: 16% + AGR 
6. Duty-loss : 
a) Customs duty losses 
Value of the 31 300 head: 24.129.481 ECU 
Value of the 5 000 head: 4.352.250 ECU 
28.481.731 ECU 
Loss: 12% (1st six months) 1.970.445 ECU 
Loss: 10% (2nd six months) 777.091 ECU 
2.747.536 ECU 
b) Levy losses 
Weight of the 31 300 head: 15.180 T 
Weight of the 5 000 head: 2.425 T 
17.615 T 
Loss: 13,143 ECU/100 kg 
i.e. 131,433 ECU X 17.615 T - 2.315.192 ECU 
5.062.728 ECU 
Cost of the operation (period 93/94): 7.352.788 ECU 
Cost of the operation (period 94/95): 7.497.423 ECU 
Amended proposal: increase,of 2.434.695 ECU in receipts, compared with the 
initial proposal. 
As> 
ISSN 0254-1475 
COM(94) 276 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-94-293-EN-C 
ISBN 92-77-71272-4 
Office for Official Publications of the European Communities 
L-2985 Luxembourg