20. 2.85 Official Journal of the European Communities No C 48/7 
Proposal for a Council Regulation on the opening, allocation and administration of the 
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(85) 21 final 
(Submitted by the Commission to the Council on 5 February 1985) 
(85/C 48/06) 
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 
Parliament, 
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 A II 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, subsequently, 
this quota was increased unilaterally to 38 000 head; 
whereas the abovementioned tariff quota for the 
period 1 July 1985 to 30 June 1986 should therefore 
be opened at a duty of 4 % in relation to a quantity 
of 38 000 head; 
Whereas, under Articles 2 and 64 (2) (b) of the 1979 
Act of Accession, Greece is obliged to apply the 
Regulation of the common agricultural policy since 
1 January 1981, and to apply in its enitrety from that 
date, the duty in the Common Customs Tariff to the 
animals in question; whereas it is therefore necessary 
to meet import requirements from third countries 
which might arise in that Member State; whereas 
within the framework of this tariff quota the duty to 
be applied by Greece 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, Community nature of the tariff quota 
in question should be preserved by making provision 
for requirements which may arise in the 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 regard imports from third countries 
for the quota period envisaged to be assessed as 
follows: 
Germany 
Greece 
France 
Italy 20 000 head 
2 000 head 
1 800 head 
14 000 head 
No C 48/8 Official Journal of the European Communities 20.2.85 
whereas in the absence of precise information, the 
needs of the Benelux countries, the United Kingdom 
and Ireland may be assessed at 100, 50 and 50 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 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 level which, under the present 
circumstances, 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 Luxembourg 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 1985 to 30 June 1986, 
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 A II 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 impor­
tation. 
Derogations may, however, be granted in the event of 
an act of God duly attested by a local authority certi­
ficate 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 1985 to 30 June 1986 subject 
to Article 7, and shall be as follows: 
Benelux 
Germany 
Greece 
France 
Ireland 
Italy 
United Kingdom 100 head 
16 000 head 
2 100 head 
1 700 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, 
20.2.85 Official Journal of the European Communities No C 48/9 
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. 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 in pursuance of Article 5 
shall apply until 30 June 1986. 
Article 7 
Member States shall return to the reserve, not later 
than 1 March 1986, the unused portion of their initial 
share in excess, on 15 February 1986 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 
1986 notify the Commission of the total imports of 
the animals in question effected, up to 15 February 
1986 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 1986, 
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 Article 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 cirulation. 
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 Regu­
lation are observed. 
Article 13 
This Regulation shall enter into force on 1 July 1985. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.