No C 74/8 Official Journal of the European Communities 3. 4. 86 
Proposal for a Council Regulation opening, allocating and providing for the administration of a 
Community tariff quota of 5 000 head of bulls, cows and heifers, other than those intended for 
slaughter, of certain Alpine 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 74/06) , 
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 5 000 head at a duty of 4 % 
for bulls, cows and heifers, other than those intended for 
slaughter, of certain Alpine breeds, falling within sub­
heading ex 01.02 A II of the Common Customs Tariff; 
whereas eligibility for such quota is subject to submission 
of the following documents: 
— bulls: a pedigree certificate, 
— female animals: a pedigree certificate of registration 
in the herdbook, certifying purity of breed; 
Whereas the abovementioned tariff quota for the period 
1 July 1986 to 30 June 1987 should, therefore, be 
opened at a duty of 4 %; whereas a check should be 
carried out to ascertain that the imported animals have 
not been slaughtered within a certain period in 
accordance with Article 1 (3); 
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 the 
Benelux countries and Denmark do not have regions 
suitable for breeding this kind of cattle; whereas, 
however, in view of such special factors, the 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, these 
Member States 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 1 000 head, 
France 120 head, 
Italy 4 630 head; 
whereas the needs of the United Kingdom, Ireland and 
Spain may, in the absence of precise information, be 
assessed at 75, 25 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 5 000 head should 
be divided into two parts, the first part being allocated 
3.4.86 Official Journal of the European Communities No C 74/9 
among certain 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 
comparatively high level which under the present 
circumstances may be about 86 % 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; 2. Eligibility for this tariff quota shall be subject to the 
submission of: 
— in the case of bulls: a pedigree certificate, 
— in the case of female animals: a pedigree certificate 
or certificate of registration in the herdbook, 
certifying purity of breed. 
3. 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 (disease, accident) duly attested by a local 
authority certificate setting out the reasons for the 
slaughter. 
4. 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%. 
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 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, Article 3 
1. A first part of 4 300 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: 
Germany 
Spain 
France 
Ireland 
Italy 
United Kingdom 850 head, 
100 head, 
100 head, 
25 head, 
3 150 head, 
75 head. 
2. The second part of 700 head shall be held as a 
Community reserve. 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. During the period 1 July 1986 to 30 June 1987, a 
Community tariff quota of 5 000 head shall be opened 
within the European Economic Community in respect of 
the imports from third countries of bulls, cows and 
heifers, other than those intended for slaughter, of the 
following mountain breeds: the mottled Simmental breed 
and the Schwyz and Fribourg breeds, falling within 
subheading ex 01.02 All of the Common Customs 
Tariff. Article 4 
If an importer notifies an imminent importation of the 
animals in question in countries of the Benelux 
Economic Union, in Denmark or in Greece 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 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 
No C 74/10 Official Journal of the European Communities 3.4.86 
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. 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 
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 porportion 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 notification. 
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 
The 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 the 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.