Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for heifers and cows, other than those intended for slaughter, of certain mountain breeds
Date: 1992-05-12
Institutions: European Commission
Subjects: cow, heifer, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC92)  194  final 

Brussels,  12 May  1992 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the administration  of  a  Community 

tariff  quota  for  heifers  and  cows, other  than  those 

intended  for  slaughter, of  certain  mountain  breeds 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  a  Community 

tariff  quota  for  bulls,  cows  and  heifers, other  than  those 

intended  for  slaughter, of  certain  Alpine  breeds 

(presented  by  the  Commission) 

^ 

EXPLANATORY  MEMORANDUM 

1. 

At  the multilateral  GATT negotiations, the European  Economic 

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 A  II Cows  and heifers, not  intended for 

slaughter, of the following mountain 
breeds; grey, brown, yellow and 
mottled  Simnental  breed  and Pinzgau 
breed  (conditions  to be determined 
by the competent  authorities of the 
Member  State of destination) 

20 000 head 

ex 01.02 A  II Bulls, cows and heifers, not  intended 

for slaughter, of the following breeds; 
mottled  Simnental  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 

6% 

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 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 4%. 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 

3 

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. These quotas were 

opened most  recently  by Regulations  (EEC) Nos 1894/91  and  1895/91 of 

26 June 1991  (OJ No L 169 of  29.6.1991), for  the period  from  1 July 

1991 to 30 June 1992. 

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  1992 to 30 June 1993. 

5. 

Taking  into account  aspects peculiar  to the trade  in these animals, 

the Commission  proposes the extension of  the system of  administration 

of  these quotas as applied during  the period  1.7.91  to 30.6.92. 

6. 

The  interpretation to be given  to the phrase  "not  intended  for 

slaughter" has been subject of exchanges of views since 1974. 

It had been apparent  from  the discussions  that,  in the case of 

animals whose  importation was subject  to submission of a breeding 

certificate  (certificate of pedigree or of  registration  in the 

herdbook), checking  the purpose for which  the animals are  in fact 

used would  be pointless  in view of  the high price of such animals. 

Where such a certificate  is not  required, a period of 4 months from 

the day of  importation would appear  the minimum  period  after  which 

imported  animals could be considered  not  to be  intended  for 

slaughter. This solution was adopted  by  the Council  on an 

experimental  basis for  the period  from  1 July  1974 to 30 June  1975 

and  then carried over  for  the following tariff periods. 

At  discussions  at Council  level  in 1978 and  1979  it was decided  with 

the agreement  of  the Swiss authorities  to extend  the checks on non-

slaughter  to animals  imported with  the abovementioned  breeding 

certificate  under  the second quota of 5 000 head. 

Proposal 

f or  a 

C O U N C IL  R E G U L A T I ON  (EEC)  No 

/9  2 

of 

o p e n i ng  and  providing  for  the  administration  of  a  C o m m u n i ty  tariff  q u o ta  for 
heifers  and  c o w s,  other  than  those  intended  for  slaughter,  of  certain  m o u n t a in 
breeds 

y 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
in  particular  Article  113 
Economic  Community,  and 
thereof, 

Having  regard 
Portugal, 

to  the  Act  of  Accession  of  Spain  and 

Having  regard  to  the  proposal  from 

the  Commission, 

the 

than 

those 

framework  of 

Whereas  the  European  Economic  Community  undertook, 
within 
the  General  Agreement  on 
Tariffs  and  Trade  (GATT),  to  open  an  annual  Community 
tariff  quota  of  20  000  head  at  a  duty  of  6  %  for  heifers 
and  cows,  other 
intended  for  slaughter,  of 
certain  mountain  breeds;  whereas,  in  an  Exchange  of 
Letters  with  Austria  dated  21  July  1972,  the  Community 
tariff 
undertook  unilaterally  to  increase  the  size  of  the 
quota  from  20  000  to  30  000  head  and  to  lower  the  quota 
duty  from  6  %  to  4  %  ; whereas,  subsequently,  this  quota 
was 
to  38  000  h e a d;  whereas 
according  to  the  Agreement  in  the  form  of  an  Exchange 
of  Letters  between  the  European  Economic  Community 
and  the  Republic  of  Austria  concerning  agriculture  of  14 
July  1986,  which  was  approved  by  Decision  86/555/ 
EEC  ('),  the  volume  of  this 
to 
42  600  head  as  from  1 July  1986  ; whereas  the  abovemen-
the 
tioned  tariff  quota  should  therefore  be  opened  for 
period  1 July  199 2to  30  J u ne  199 3 at  a  duty  of  4  %  for  a 
quantity  of  42  600  head  ; 

tariff  quota  was  raised 

increased  unilaterally 

whereas  a  check  should  be  carried  out  to  ascertain 
that 
the  imported  animals  have  not  been  slaughtered  within  a 
certain  period  ; 

importers 

Whereas  it  is,  in  particular,  necessary  to  ensure  equal  and 
continuous  access  for  all  Community 
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  necessary 
measures  should  be  taken  to  ensure  efficient  administra 
tion  of  this  tariff  quota,  taking  into  account  the  C o m m u 
nity  nature  of  the  quota  and  special  factors  in  the  trade  in 
the  Commission 
to 
these  a n i m a l s;  whereas 
should  assign  to  the  Member  States  on  request  the  quanti 
ties  needed  to  cover  actual  imports  in  accordance  with  an 
to  be  determined  ; 
economically  appropriate  procedure 

this  end 

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  1992  to  30  J u ne  1993  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  quota  indicated. 

Order  No 

09.0001 

CN  code 
(a) 

Description 

Quota 
volume 

Quota  duty 
<%) 

ex  0102 90 10 
ex  0102 90 31 
ex  0102 90 33 

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 

42 600  head 

(a)  Taric  c o d e s:  0102  90  10*20  and  40, 

0102  90  31  *  11,  19,  31  and  39, 
0102  90  33*  10  and  30. 

2.  Within  the  limits  of  this  tariff  quota,  the  Kingdom 
of  Spain  and  the  Portuguese  Republic  shall  apply  customs 
duties  calculated  in  accordance  with  the  relevant  provi 
sions  in  the  Act  of  Accession. 

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. 

to 

For  the  purposes  of 

3. 
this  Regulation,  the  animals 
in  paragraph  1  shall  be  considered  not 
referred 
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. 

(')  OJ  No  L  328,  22.  11.  1986,  p.  57. 

Article  2 

T he  quota  v o l u me  referred 

I 
to 
be  further  divided  into  two  parts. 

in  Article  1  (1)  shall 

The  first  part,  8 0%  of  the  total,  i.e.  34.080head,  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. 

With  regard  to  Portugal,  in  the  case  of  established  impor 
to  in 
ters,  account  shall  be  taken  of  animals  referred 
Article  1  (1)  in  respect  of  which  importers  can  prove,  to 
the  satisfaction  of  the  competent  authorities,  that 
they 
were  imported  and  that  they  were  not  slaughtered  within 
four  months  following  the  date  of  the  acceptance  of  the 
entry  for  release  for  free  circulation. 

for 

i.e.  8 . 2 5 0h e a d,  shall  be 
The  second  part,  of  2D  %, 
reserved  either 
importers  who  undertake,  when 
making  an  application,  to  keep  the  imported  cattle  in 
premises  of  which  they  have  the  use  or  for  importers  who 
have  been  conducting  business  in  live  bovine  animals  for 
a  period  of  at  least  one  year  and  are  listed  in  a  public 
register  of  the  Member  State  or  who  can  provide  proof, 
recognized  by  the  competent  authority,  of  such  conduct. 

The  3 4 . 0 80  head  shall  be  assigned  to  the  various 
2. 
importers  pro  rata,  in  proportion 
their 
previous  imports  over  the  three  years  under  consideration 
than 
or 
previous  imports  while  the  8.2S0head  shall  be  assigned 
to  applicants  pro  rata,  in  proportion  to  the  entitlement 
applied  for  by  the  importers.  In  the  latter  case  : 

to  the  quantities  applied  for 

if  they  are  less 

to  the  scale  of 

(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  five  head 
shall  not  be  taken  into  account; 

(c)  quantities  which  have  not  been  assigned,  owing  to  the 
minimum  five  head  limitation  shall  be  assigned  by 
drawing  lots  (with  a  figure  of  five  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 

1.  Applications  to  import  under  each  part  of  the  tariff 
quota,  accompanied,  where  appropriate,  by  proof  of 
previous  imports,  shall  be  made  to  the  competent  authori 
ties  in  the  Member  States,  in  accordance  with  the  proce 
dures  laid  down  and  the  deadline  set  by  those  authorities, 
by  means  of  the  document  of  release  for  free  circulation, 
which  shall  be  cancelled  by  the  said  authorities  after 
being  submitted  as  proof. 

These  authorities  shall  transmit  to  the  Commission,  not 
later  than  10  July  199 2  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  36  210  head  reserved  for 
estabished 

importers. 

^ 

2. 
The  Commission  shall  notify  the  Member  States,  by 
15  July  199£,  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. 

On  t he  basis  of  the  data  referred  to  in  paragraph  2, 
3. 
Member  States  shall 
issue  applicants  with  certificates 
specifying  the  number  of  head  to  which  they  are  entitled. 
the  certificates  may  not  go 
The  period  of  validity  of 
beyond  30  J u ne  1 9 9 3. 

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. 

licences  and  advance  fixing  certificates 

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 
for 
agricultural  products  ('),  as  last  amended  by  Regulation 
(EEC)  No  1599/90  (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  1993 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. 

the  data  specified 

To  this  end,  Member  States  shall  notify  the  Commission 
by  10  April  1993  of  the  quantities  remaining  unused  on 
31  March  1993,  and  furnish 
the 
second  subparagraph  of  paragraph  1.  The  Commission 
in  each 
shall  set  the  new  percentages  for  entitlements 
category  and  shall  transmit 
them  by  not  later  than  15 
April  1993  to  the  Member  States,  which  shall  then  issue 
the  entitlement  certificates 
the 
conditions  set  out  in  paragraph  3,  with  a  period  of  validity 
not  extending  beyond  30  June  1993 

to  the  applicants  under 

in 

Article  4 

1.  Member  States  shall  take  all  measures  necessary  to 
ensure 
is 
restricted  to  cattle  as  specified 

in  Article  1  (1). 

in  question 

tariff  quota 

that  access 

the 

to 

(')  OJ  No  L  331,  2.  12.  1988,  p.  1. 
O  OJ  No  L  151,  15.  6.  1990,  p.  29. 

€ 

They  shall  ensure  importers  equal  and  continuous 

2. 
access  to  the  tariff  quota  in  question. 

Article  5 

the  Commission  shall  cooperate 
Member  States  and 
closely  to  ensure  that  the  provisions  of  this  Regulation  are 
observed. 

Depletion  of  the  said  quota  shall  be  measured  on 
imports  submitted  for  customs  clearance 

3. 
the  basis  of 
under  cover  of  entries  for  release  for  free  circulation. 

This  Regulation  shall  enter  into  force  on  1  July  1 9 9* 

Article  6 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done  at  B r u s s e l s.  -

For  the  Council 

The  President 

E U R O P E AN  C O M M U N I TY 

E N T I T L E M E NT  C E R T I F I C A TE  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) 

2.  Issuing  authority 

* 

ANNEX 

NOTES 

3.  This certificate is valid until and including 

day  month  year 

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  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. 

0.  The  holder  must  return  this  certificate  to  the  issuing  authority  to 

obtain  release  of  the  guarantee. 

Place  and  date  of  issue 

Signature  and  stamp  of  issuing  authority 

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 

10.  Number  of  head  in words for  the 

in  figures 

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 

1. 

2. 

1. 

2. 

1. 

2. 

Proposal  for a 

C O U N C IL  R E G U L A T I ON  (EEC)  No 

/ 92 

of 

o p e n i ng  a nd  providing  for  the  administration  of  a  C o m m u n i ty  tariff  q u o ta  for 
bulls,  c o ws  and  heifers,  other  than  those  intended  for  slaughter,  of  c e r t a in  A l p i ne 
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 
Portugal, 

to 

the  Act  of  Accession  of  Spain  and 

Having  regard  to  the  proposal  from  the  Commission, 

the  framework  of 

Whereas  the  European  Economic  Community  undertook, 
the  General  Agreement  on 
within 
Tariffs  and  Trade  (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  ;  whereas  eligibility  for  such  quota 
is  subject  to  submission  of  the  following  documents  : 

—  bulls  :  a  pedigree  certificate, 
—  female  animals  : a  pedigree  certificate  or  certificate  or 
the  herdbook,  certifying  purity  of 

in 

registration 
breed  ; 

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  necessary 
measures  should  be  taken  to  ensure  efficient  administra 
tion  of  this  tariff  quota,  taking  into  account  the  Commu 
nity  nature  of  the  quota  and  special  factors  in  the  trade  in 
these  a n i m a l s;  whereas 
the  Commission 
to 
should  assign  to  the  Member  States  on  request  the  quanti 
ties  needed  to  cover  actual  imports  in  accordance  with  an 
to  be  determined  : 
economically  appropriate  procedure 

this  end 

Whereas,  since  the  Kingdom  of  Belgium,  the  Kingdom  ol 
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, 

Whereas  the  abovementioned 
tariff  quota  should  there 
fore  be  opened  for  the  period  1  July  1952  to  30  June 
199 3 at  a  duty  of  4%  ; 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

whereas  a  check  should  be  carried  out  to  ascertain  that 
the  imported  animals  have  not  been  slaughtered  within  a 
certain  period  ; 

1. 
From  1  July  1992  to  30  J u ne  199 3  the  duty  appli 
cable  to  the  import  into  the  Community  of  the  animal; 
designated  hereafter  shall  be  suspended  at  the  level  anc 
indicated 
within  the  limits  of  Community  tariff  quota 

Order  No 

09.0003 

CN  code 
(a) 

ex  0102 90  10 
ex  0102 90 31 
ex  0102 90 33 
ex  0102 90 35 

Description 

Quota 
volume 

Quota  duty 
(%) 

for 
Bulls,  cows  and  heifers,  other 
slaughter,  of  the  following  breeds : mottled  Simmental  breed 
and  the  Schwyz  and  Fribourg  breeds 

intended 

those 

than 

5 000  head 

(a)  Taric  c o d e s:  0102  90  10 ' 3 0,  40  and  50, 

0102  90  31  " 2 1.  29.  31  and  39, 
0102  90  33  20  and  30, 
0102  90  3 5 ' 21  and  29. 

Within 
the  limits  of  this  tariff  quota,  the  Kingdom  of 
Spain  and  the  Portuguese  Republic  shall  apply  customs 
duties  calculated  in  accordance  with  the  relevant  provi 
sions  in  the  Act  of  Accession. 

Eligibility  for  this  tariff  quota  shall  be  subject  to  the 

2. 
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. 

to 

For  the  purposes  of 

this  Regulation,  the  animal 
3. 
referred 
in  paragraph  1  shall  be  considered  no 
intended  for  slaughter  if  they  are  not  slaughtered  withii 
four  months  of  the  date  of  acceptance  of  the  entry  for  fre 
circulaion. 

in  the  event  c 
Derogations  may,  however,  be  granted 
force  majeure  duly  attested  by  a  local  authority  certificat 
setting  out  the  reasons  for  the  slaughter. 

Article 

2 

The  quota  volume  referred  to  in  Article  1  (1)  shall 

1. 
be  further  divided  into  two  parts. 

4.000 

head,  shall  be 
The  first  part,  3 0%  of  the  total,  i.e.  f 
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. 

taken  of  animals  referred 

With  regard  to  Portugal,  in  the  case  of  established  impor 
ters,  account  shall  be 
in 
Article  1  (1)  in  respect  of  which  importers  can  prove,  to 
they 
the  satisfaction  of  the  competent  authorities,  that 
were  imported  and  that  they  were  not  slaughtered  within 
four  months  following  the  date  of,the  acceptance  of  the 
entry  for  release  for  free  circulation. 

to 

1 0 00 

head,  shall  be  reserved 
The  second  part,  of  20  %,  i.e.  J 
either  for 
importers  who  undertake,  when  making  an 
application,  to  keep  the  imported  cattle  in  premises  of 
which  they  have  the  use  or  for  importers  who  have  been 
conducting  business  in  live  bovine  animals  for  a  period  of 
at  least  one  year  and  are  listed  in  a  public  register  of  the 
Member  State  or  who  can  provide  proof,  recognized  by 
the  competent  authority,  of  such  conduct. 

The  4 . 0 00  head  shall  be  assigned 

to  the  various 
2. 
importers  pro  rata,  in  proportion 
their 
previous  imports  over  the  three  years  under  consideration, 
or  to  the  quantities  applied  for 
than 
previous  imports  while  theflOOO  head  shall  be  assigned  to 
applicants  pro 
the  entitlement 
in  proportion 
applied  for  by  the  importers.  In  the  latter  case  : 

to  the  scale  of 

they  are 

rata, 

less 

to 

if 

(a)  applications  for  quantities  greater  than  50  head  shall 

be  automatically  reduced  to  that  n u m b e r; 

(b)  applications  which  would  give  rise  to  a  certificate  of 
participation  covering  a  quantity  of  less  than  five  head 
shall  not  be  taken  into  a c c o u n t; 

(c)  quantities  which  have  not  been  assigned,  owing  to  the 
m i n i m um  five  head  limitation  shall  be  assigned  by 
drawing  lots  (with  a  figure  of  five  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 

1.  Applications  to  import  under  each  part  of  the  tariff 
quota,  accompanied,  where  appropriate,  by  proof  of 
previous  imports,  shall  be  made  to  the  competent  authori 
ties  in  the  Member  States,  in  accordance  with  the  proce 
dures  laid  down  and  the  deadline  set  by  those  authorities, 
by  means  of  the  document  of  release  for  free  circulation, 
which  shall  be  cancelled  by 
the  said  authorities  after 
being  submitted  as  proof. 

3 

These  authorities  shall  transmit  to  the  Commission,  not 
later  than  10  July  199 2  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  4  250  head  reserved  for 
established 

importers. 

2. 
The  Commission  shall  notify  the  Member  States,  by 
15  July  1992  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. 

On  the  basis  of  the  data  referred  to  in  paragraph  2, 
3. 
Member  States  shall 
certificates 
specifying  the  number  of  head  to  which  they  are  entitled. 
The  period  of  validity  of 
the  certificates  may  not  go 
beyond  30  J u ne  1993. 

issue  applicants  with 

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  as  the  entry  for  release 
for  free  circulation  which  accompanies 

it. 

licences  and  advance  fixing  certificates 

The  rules  laid  down  in  Commission  Regulation  (EEC)  No 
laying  down  common 
3719/88  of  16  November  1988 
detailed  rules  for  the  application  of  the  system  of  import 
and  export 
for 
agricultural  products  ('),  as  last  amended  by  Regulation 
(EEC)  No  1599/90  (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. 

Quantities  which  have  not  been  the  subject  of  the 
4. 
issue  of  entitlement  certificates  by  31  March  1993  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. 

To  this  end,  Member  States  shall  notify  the  Commission 
by  10  April  1993  of  the  quantities  remaining  unused  on 
31  March  1993,  and  furnish 
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  199 3  to  the  Member  States,  which  shall  then  issue 

the  data  specified 

in 

(')  OJ  No  L  331,  2.  12.  1988,  p.  1. 
(2)  OJ  No  L  151,  15.  6.  1990.  p.  29. 

4o 

the  entitlement  certificates  to  the  applicants  under  the 
conditions  set  out  in  paragraph  3, with  a period  of  validity 
not  extending  beyond  30  June  1995 

Depletion  of  the  said  quota  shall  be  measured  on 
imports  submitted  for  customs  clearance 

3. 
the  basis  of 
under  cover  of  entries  for  release  for  free  circulation. 

Article  4 

1.  Member  States  shall  take  all  measures  necessary  to 
ensure  that  access  to  the  tariff  quota 
is 
restricted  to  cattle  as  specified  in  Article  1  (1). 

in  question 

They  shall  ensure  importers  equal  and  continuous 

2. 
access  to  the  tariff  quota  in  question. 

Article  5 

Member  States  and 
shall  cooperate 
closely  to  ensure  that  the  provisions  of  this  Regulation  are 
observed. 

the  Commission 

This  Regulation  shall  enter  into  force  on  1  July  1992. 

Article  6 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done  at  B r u s s e l s. 

For  the  Council 

The  President 

E U R O P E AN  C O M M U N I TY 

E N T I T L E M E NT  C E R T I F I C A TE  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) 

2  Issuing  authority 

41 

ANNEX 

NOTES 

3.  This certificate is valid until and including 

day  month 

year 

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  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. 

Place  and  date  of  issue : 

Signature  and  stamp  of  issuing  authority: 

4.  Description  of  animals 

5.  CN  code 

7.  Number  of  head  in  words 

/ 

6.  Number  of  head  in  figures 

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 

10.  Number  of  head  in words  for  the 

in  figures 

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 

1  <a, 

FINANCIAL RECORD 

1. 

Budget  i ine concerned  : Chap. 12 Art. 120 

2. 

Legal  basis  : Art. 113 of  the Treaty 

3. 

Title of the tariff measure concerned  : Proposals  for Council 
Regulations opening and providing  for  the administration of a 
Community  tariff quota for heifers and cows, othe  than those  intended 
for slaughter, of a certain mountain breeds and of a Community  tariff 
quota for bulls, cows and heifers, other  than  those  intended for 
slaughter, of certain Alpine breeds 

4. 

Oblect ive  : Fulfilment of contractual  obligations of  the Community 

5. 

Method of calculation : 

Quota volumes: 
Duties to be applied: 
Normal  duties: 

42 600 head 

4% 

16% + AGR 

5 000 head 

4% 

16% + AGR 

6. 

Duty-loss : 
a)  Customs duty  losses 

Value of  the 42 600 head:  29.790.180 ECU 
Value of  the  5 000 head:  3.948.000 ECU 

LOSS: 12% - 

b)  L ew  losses 

33.738.180 ECU 

4.048.581  ECU 

Weight of  the 42 600 head: 20.661 T 
Weight of  the  5 000 head:  2.425 T 

Loss: 17,798 ECU/100 kg 

23.086 T 

i.e. 177,98 ECU x 13.086 T - 

4.108.846  ECU 

8.157.427  ECU 

7) 

Cost of  the operation  (period 91/92): 9.693.317 ECU 
Cost of  the operation  (period 92/93): 8.157.427 ECU 

12  •-

ISSN 0254-1475 

COM (92) 194 final 

DOCUMENTS 

EN 

03  02 

Catalogue number: CB-CO-92-206-EN-C 

ISBN 92-77-43970-X 

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