COMMISSION OF THE EUROPEAN COMVÎUNITIES 
C0M(94) 181 final 
BrutMl», 24.05.1994 
'';:''•'' ••tr1' ' ' -J'.'JWIÏI 
ff~WT~:'1:S!Si|H Proposal for 
COUNCIL REGULATION (EC) 
opening and providing for the administrât ion of Community 
tariff quotas for bulls, cows and heifers, other than those 
intenddd for slaughter, of certain Alpine and mountain breeds 
(presented by the Commission) 
JîSfj". 
I 
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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. 
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3. In an exchange of letters with Austria dated 21 July 1972, the 
Community undertook unilaterally 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 4X. The quota volume was again unilaterally 
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 (0J 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. 
The Community reserves the possibility to adapt this regulation in 
the light of the results of the current negotiations for the 
accession of Austria. 
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. 
4. In order to meet community obligations, it is therefore necessary to 
adopt Regulations on the opening and administration of the Community 
tariff quotas, for the period from 1 July 1994 to 30 June 1995. 
5. 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. 
-^>— 
6. To respond to the request of certain Member States who, knowing large 
imports of living animals, fearing difficulties in administration as 
well as problems of speculation in this area, it has been Judged 
appropriate to limit the number of non-trad itlonal 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. 
7. 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 
Proposition of 
COUNCIL REGULATION (E C) No 
of 
opening and providing for the administration of Community tariff quotaSfor 
bulls, cows and heifers, other than those intended for slaughter, of certain Alpine 3rd mountain 
breeds 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European 
Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
Whereas the European Community has undertaken 
within the framework of the General Agreement 
on Tariffs and Trade (GATT), to open an annual 
Community tariff quota of S 000 head at a duty 
of 4 % for bulls, cows and heifers, other than 
those intended for slaughter of the mottled 
Simmental breed and the Schwyz and Fribourg 
breeds, and another annual Community tariff 
quota of 42 600 head at a duty of 4 X for cows 
and heifers, other than those intended for 
slaughter, of the grey, brown, yellow and 
mottled Simmental breed and mottled Pintzgau 
breed; 
whereas the imported animals should be subject 
to a control that they are not slaughtered for 
a certain period; whereas Council Regulation 
(EEC) N» 2913/920) 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 the above-
mentioned tariff quotas should therefore be 
opened for the period 1 July 1994 to 30 June 
1995; 
Order No 
09.0001 
09.0003 CN code 
(2) 
ex 0102 90 OS 
ex 0102 90 29 
ex 0102 90 49 
ex 0102 90 59 
ex 0102 90 69 
ex 0102 90 05 
ex 0102 90 29 
ex 0102 90 49 
ex 0102 90 59 
ex 0102 90 69 
ex 0102 90 79 Description 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 ques­
tion until the quota is exhausted ; 
Whereas the decision for the opening, in the execution of 
its international obligations, of tariff quotas should be 
taken by the Community ; whereas, to ensure the effici­
ency of a common administration of these quotas, there is 
no obstacle to authorizing the Member States to draw 
from the quota-volumes the necessary quantities corres­
ponding to actual imports ; whereas, however, this method 
of administration requires close cooperation between the 
Member States and the Commission and the latter must 
in particular be able to monitor the rate at which the 
quotas are used up and inform the Member States accor­
dingly ; 
Whereas, since the Kingdom of Belgium, the Kingdom of 
the Netherlands and the Grand Duchy of Luxembourg 
are united within and jointly represented by the Benelux 
Economic Union, any measure concerning the adminis­
tration of the quantities levied by that economic union 
may be carried out by any one of its members, 
HAS ADOPTED THIS REGULATION : 
Article 1 
1. From 1 July 199 4to 30 June 1995, the duty appli­
cable to the import into the Community of the animals 
designated hereafter shall be suspended at the level and 
within the limits of the Community tariff quotaSindicated. 
Cows and heifers other than those intended for slaughter, of 
the following mountain breeds : grey, brown, yellow and 
mottled Simmental breed and mottled Pintzgau breed (s) 
Bulls, cows and heifers, other than those intended for 
slaughter, of the following breeds : mottled Simmental breed 
and the Schwyz and Fribourg breeds (a) Quota 
volume 
42 600 head 
5 000 head Quota duty 
(1) OJ N' L 302 of 19.10.1992 
(2) Taric codes in Annex II. 
(a) The control of this particular end-use is 
carried out by application of the relevant 
Community provisions 
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2. For the purposes of this Regulation, the animals 
referred to in paragraph 1 shall be considered not 
intended for slaughter if they are not slaughtered within 
four months of the date of the acceptance of the entry for 
release for free circulation. 
Derogations may, however, be granted in the event of 
force 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 
presentation 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. 
Article 2 
1. The quota volumes referred to in Article 1 
Paragraphe 1 shall be further divided into two 
parts, of 80 % and 20 % each; 
The first part of the volume of 42 600 head 
(order n« 03.0001). i.e. 34 080 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 8 520 head and 1 000 head 
respectively, is reserved to those importers 
who can prove to have imported and/or exported, 
n the course of the previous year, at least 20 
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 applied 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 a quantity of less than 20 head 
shall not be taken into account; 
(c) quantities which have not been assigned, owing to the 
minimum 20 head limitation shall be assigned by 
drawing lots (with a figure of 20 head). 
3. Any quantities of one of the parts of the tariff quota 
referred to in paragraph 1 not applied for shall be auto­
matically transferred to the other part. 
Article 3 
Applications to import under each part of the 
tariff quotas, accompanied, where appropriate, 
by proof of previous Imports/exports, shall bo 
mod® to th® competent authorities in th® Member 
States, In eccordance with the procedures laid 
down and th© deadline set by thos® authorities, 
by m©ans of the appropriate customs document, 
which «hall bo cancelled by th® said 
authorities after being submitted as proof. 
A single request can be deposited by an 
interested party, this must only be on one or 
other of the parts. 
These authorities shall transmit 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 34 080 and 4 000 head 
reserved for established importers. 
2. The Commission shall notify the Member States, by 
6 August 1994 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 paragraph 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 30 June 19 95. 
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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 once 
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) No 2101/92 (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 subject of the 
issue of entitlement certificates by 31 March 199 5 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 Î 
Member States and the Commission shall cooperate 
closely to ensure that the provisions of this Regulation are 
observed. 
Article 6 
This Regulation shall enter into force on the third day 
following its publication in the Off mal Journal of the 
European Communities. 
It shall apply with effect from 1 July 1994. 
To this end, Member States shall notify the Commission 
by 10 April 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 second 
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 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 30 June 199 5 
(') OJ No L 331, 2. 12. 1988, p. 1. 
Ç) OJ No L 210, 25. 7. 1992. p. 18. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
EUROPEAN COMMUNITY ANNEX I 
ENTITLEMENT CERTIFICATE No 
COMMUNITY TARIFF QUOTAS FOR 
— Cows and heifers other than those intended for slaughter of certain mountain breeds 
— Bulls, cows and heifers other than those intended for slaughter of certain Alpine breeds 
1. Holder (Name, complete address and Member State) 
NOTES 
A. This certificate is valid in all Member States of the Community. 
B. This certificate must 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 
or the holders representative. 
D. 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 
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 written 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 
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ANNEX II 
Tarie codes 
Order No CN code Taric code 
09.0001 
09.0003 ex 0102 90 05 
ex 0102 90 29 
ex 0102 90 49 
ex 0102 90 59 
ex 0102 90 69 
ex 0102 90 05 
ex 0102 90 29 
ex 0102 90 49 
ex 0102 90 59 
ex 0102 90 69 
ex 0102 90 79 0102 90 05*20 
*40 
0102 90 29*20 
*40 
0102 90 49*20 
*40 
0102 90 59*11 
*19 
'31 
*39 
0102 90 69*10 
*30 
0102 90 05*30 
*40 
*50 
0102 90 29*30 
*40 
•50 
0102 90 49*30 
•40 
•50 
0102 90 59#21 
•29 
•31 
•39 
0102 90 69*20 
*30 
0102 90 79*21 
'29 
FINANCIAL RECORD 
Budget line concerned : Chap. 12 Art. 120 
Legal basis : Art. 113 of the Treaty 
Title of the tariff measure concerned : 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 
Object ive : Fulfilment of contractual obligations of the Community 
Method of calculation 
Quota volumes: 
Dut les to be applled: 
Normal duties: 42 600 head 
4% 
16% + AGR 5 000 head 
4% 
16% + AGR 
Duty-loss : 
a) Customs duty losses 
Value of the 42 600 head 
Value of the 5 000 head: 
Loss: 12% 32.840.766 ECU 
4.352.250 ECU 
37.193.016 ECU 
4.463.161 ECU 
b) Levy losses 
Weight of the 42 600 head: 20.661 T 
Weight of the 5 000 head: 2.425 T 
23.086 T 
Loss: 13,143 ECU/100 kg 
i.e. 131,433 ECU x 23.086 T - 3.034.622 ECU 
7.497.423 ECU 
Cost of the operation (period 93/94): 7.352.788 ECU 
Cost of the operation (period 94/95): 7.497.423 ECU 
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ISSN 0254-1475 
COM(94) 181 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-94-193-EN-C 
ISBN 92-77-68466-6 
Office for Official Publications of the European Communities 
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