COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (89) 539 final 
Brussels, 3 November 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulations (EEC) No 1787/89 and 1788/89 opening and providing 
for the administration of Community tariff quotas for animals 
of certain mountain breeds 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. By Regulations (EEC) Nos 1787/89 and 1788/89 of 19 June 1989 (1), the Council 
opened for the period 1 July 1989 to 30 June 1990 the contractual Community 
tariff quotas for animals of certain mountain breeds. The Regulations pro­
vided, on an experimental and provisional basis, a new system of management 
designed to put the management on a more Community footing, as required 
following the judgment of the Court of Justice in Case 51/87. 
2. However experience has shown that the bulk of the quantities reserved for 
other importers has not been assigned, on account of the large number of 
applicants and the non-issuing of entitlement certificates for quantities 
less than five head. 
To avoid sterilisation of part of the tariff quotas, and in an attempt to 
improve the management system and use of these quotas, it is important to 
amend the Regulations in question from 1 January 1990. 
The main purposes of these amendments would be: 
- to carry over to the second period, starting 1 January 1990, any 
quantities which have not been assigned during the first period owing 
to the limitation that entitlement certificates shall be issued for a 
minimum of five head; 
- to reduce the number of applicants by defining the concept of "other 
importers" as being persons who are professional breeders or professional 
traders in live animals; 
- to limit to a maximum of 50 head the quantities for which each such 
person may apply; 
- to allow entitlement certificates to be issued for limitless number of 
head of cattle. 
Such is the purpose of this proposal. 
(1) 0J No. L 176 of 23.6.1989, pp. 5 and 8. 
Proposal for a 
COUNCIL REGULATION (EEC) No. /89 
amending Regulations (EEC) Nos 1787/89 and 1788/89 opening and providing for the 
administration of Community tariff quotas for animals 
of certain mountain breeds 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and in 
particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas, by Regulation (EEC) Nos 1787/89 and 1788/89 (1), the Council opened for 
the period 1 July 1989 to 30 June 1990 the contractual Community tariff quotas 
for animals of certain mountain breeds, in respect of which the management system 
had been totally revised to make it conform more closely to the Community character 
of these quotas; whereas difficulties arose in the application of these regulations 
in the first months, requiring amendment of the system taken up in those regula­
tions, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 2 of Regulation (EEC) No 1787/89 is replaced by the following text: 
"Article 2 
1. Each of the instalments referred to in Article 1 (4) shall be further divided 
into two parts. 
The first, 90% of the total, i.e. 19 170 head, shall be reserved for established 
importers who are able to furnish proof of having imported animals of the breeds 
specified in the tariff quota in question during the previous three years, or 
in the case of Spain, during the last two years. 
The second, of 10%, i.e. 2 130 head shall be reserved for breeders who undertake, 
when making application, to raise the imported cattle in their own premises, and 
for persons duly recognised as conducting business in live animals. 
2. The 19 170 head shall be assigned to the various importers pro rata, in 
proportion to the scale of their previous imports over the three years under 
consideration, while the 2 130 head shall be assigned to applicants pro rata, 
in proportion to the entitlement applied for. In the latter case, applications 
for quantities greater than 50 head shall be automatically reduced to that number. 
Quantities which have not been assigned during the first period, owing to the 
limitation to a minimum of 5 head provided in Article 2 (2) last sentence of the 
afore-mentioned Regulation, which had been in force during the first period, 
shall be added to the quantities to be assigned in the second period. 
3. Any quantities of one of the parts referred to in paragraph 1 not applied for 
and assigned within a given period shall be automatically transferred to the other 
part." 
(1) 0J No L 176 of 23.6.1989, pp 5 and 8. 
Article 2 
Article 2 of Regulation (EEC) No 1788/89 is replaced by the following text: 
"Article 2 
1. Each of the instalments reffered to in Article 1 (4) shall be further divided 
into two parts. 
The first, 90% of the total, i.e. 2 250 head, shall be reserved for established 
importers who are able to furnish proof of having imported animals of the breeds 
specified in the tariff quota in question during the previous three years, or in 
the case of Spain, during the last two years. 
The second, of 10%, i.e. 250 head, shall be reserved for breeders who undertake, 
when making application,,to raise the imported cattle in their own premises, and 
for persons duly recognised as conducting business in live animals. 
2. The 2 250 head shall be assigned to the various importers pro rata, in 
proportion to the scale of their previous imports over the three years under 
consideration, while the 250 head shall be assigned to applicants pro rata, in 
proportion to the entitlement applied for. In the latter .case, applicants for 
quantities greater than 50 head shall be automatically reduced to that number. 
Quantities which have not been assigned during the first period, owing to the 
limitation to a minimum of 5 head provided in Article 2 (2) last sentence of 
the afore-mentioned Regulation, which had been in force during the first period 
shall be added to the quantities to be assigned in the second period. 
3. Any quantities of one of the parts referred to in paragraph 1 not applied for 
and assigned within a given period shall be automatically transferred to the 
oter part." 
Article 3 
This Regulation shall enter into force on 1 January 1990. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Bruxelles, 
For the Council 
The President 
k 
£-/v 
FICHE FINANCIERE Date : 
1. Ligne budgétaire concernée : Chap. 12 art. 120 
2. Base juridique : art. 113 du traité. 
3. Intitulé de la mesure tarifaire : Proposition de règlement 
du Conseil modifiant les règlements (CEE) N*s 1787/89 et 
1888/89, portant ouverture et mode de gestion de contingents 
tarifaires communautaires pour des animaux de certaines races 
de montagne. 
4. Objectif : Assurer une meilleure gestion et une utilisation 
plus importante des contingents. 
5. Perte de recettes : sans changement. 
e/v 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition vise la modification de règlements en cours 
relatifs à des contingents résultant d'engagements contractuels 
de la Communauté. L'impact découlant de ces concessions a été 
pris en considération lors de la prise de décision d'adoption 
de ces contingents et il n'aura pas un caractère sérieux sur la 
compétitivité et l'emploi dans la Communauté. 
ISSN 0254-1475 
COM(89) 539 final 
DOCUMENTS 
EN 1102 
Catalogue number : CB-CO-89-505-EN-C 
ISBN 92-77-54445-7 
Office for Official Publications of the European Communities 
1^2985 Luxembourg 
9