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: 1993-05-27
Institutions: European Commission
Subjects: cow, heifer, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93) 232 final 

Brussels, 27  May  1993 

Proposal  for a 

COUNCIL REGULATION  fEEC) 

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 

z 

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 ll  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 

6% 

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 

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 

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 

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. 

These quotas were opened most  recently  by Regulations  (EEC) Nos 

1950/92 and  1951/92 of  13 July  1992  (OJ No L 197 of  16.7.1992), for 

the period  from  1 July  1992 to 30 June 1993. 

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  1993 to 30 June 1994. 

5. 

As with other  Community  tariff quotas, the proposal  does not  provide 

for  the quota-volumes  to be divided  up between Member  States but 

offers them the opportunity of drawing  from  the quota-voiumes the 

necessary  quantities corresponding  to actual  imports. 

6. 

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. 

y 

7. 

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. 

This  is the purpose of  the attached proposal. 

Proposal  for  a 

COUNCIL  REGULATION  (EEC)  No 

/93 

of 

S 

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 

THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 

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

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

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 ; 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  the  European  Economic  Community  undertook, 
within  the  framework  of  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  than  those  intended  for  slaughter,  of 
certain  mountain  breeds ;  whereas,  in  an  exchange  of 
letters  with  Austria  dated  21  July  1972,  the  Community 
undertook  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 
to  38 000  head ;  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  tariff  quota  was  raised  to 
42 600  head  as from  1 July  1986 ; whereas  the  abovemen-
tioned  tariff  quota  should  therefore  be  opened  for  the 
period  1 July  199 3 to 30 June  1994 at a duty of  4  % for a 
quantity  of  42 600  head;  whereas  a  check  should  be 

increased  unilaterally 

in 

to 

i ts 

the  opening, 

these  quotas, 

t h e re 
to  a u t h o r i s i ng 

i n t e r n a t i o n al 
t a r i ff  quotas  should  be 

Whereas  the  d e c i s i on  for 
the  e x e c u t i on  of 
o b l i g a t i o n s,  of 
taken  by  the  Community;  whereas, 
ensure  the  e f f i c i e n cy  of  a  common 
a d m i n i s t r a t i on  of 
no  reasonable  o b s t a c le 
the  Member  S t a t es  to  draw  from  the 
quota-volumes  the  necessary  q u a n t i t i es 
corresponding  to  a c t u al 
t h is  method  of  a d m i n i s t r a t i on  r e q u i r es 
c l o se  c o o p e r a t i on  between  the  Member 
S t a t es  and  the  Commission  and  the 
must 
the  r a te  at  which  the  quotas  are  used  up 
and 
a c c o r d i n g l y; 

in  p a r t i c u l ar  be  a b le  to  monitor 

inform  the  Member  S t a t es 

imports;  whereas 

l a t t er 

is 

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 

From  1 July  1993 to  30  June  1994,  the  duty  appli 
1. 
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) 

0X0102  SO  05 
«10102  90  20 
0x0102  90  49 
0X0102  90  50 
0x0102  90  69 

Description 

Quota 
volume 

Quota  duty 
(V.) 

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 

4 

(a)  Taric  codes  within  the  annex. 

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. 

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. 

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

Article  2 

1.  The  quota  volume  referred  to  in  Article  1 (1)  shall 
be  further  divided  into  two  parts. 

The  first  part, 80 %  of  the  total, i.e. 34 080  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. 

applicant,  in  the  form,  where  necessary, of a percentage of 
the  amount  originally  applied  for,  or  of  that  applicant's 
previous  imports. 

for 

The  second  part,  of  20 %,  i.e.  8 520  head,  shall  be 
importers  who  undertake,  when 
reserved  either 
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. 

2.  The  34 080  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 
or  to  the  quantities  applied  for  if  they  are  less  than 
previous  imports  while  the  8 520  head  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  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  1(7 July  1993 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  head  reserved  for 
established  importers. 

3.  On  the  basis  of  the  data  referred  to  in  paragraph  2, 
issue  applicants  with  certificates 
Member  States  shall 
specifying  the  number  of  head  to which  they  are  entitled. 
The  period  of  validity  of  the  certificates  may  not  go 
beyond  30  June  1984 

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  2101/92O.  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  1994  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 Tt  April  1994 of  the  quantities  remaining  unused  on 
11  March  1994  and  furnish  the  data  specified  in  the 
second  subparagraph  of  paragraph  I.  The  Commission 
shall  set  the  new  percentages  for  entitlements  in  each 
category  and  shall  transmit  them  by  not  later  than  15 
April  1994  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  1994. 

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 (1). 

2.  The  Commission  shall  notify  the  Member  States, by 
22  July  1993, of  the  quantities  to  be  assigned  to  each 

(')  OJ  No  L  331, 2.  12.  1988, p.  I. 
O OJ No L 210,  25.7.iyy£,  p.  18 

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. 

3 

Article  5 

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  Official  Journal  of  the 
European  Communities. 

It  shall  apply  from  !  July  1993. 

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

Done  at  Brussels, 

For  the  Council 

The  President 

EUROPEAN  C O M M U N I TY 

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) 

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. 

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 

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. 

3 

ANNEX 

TARIC COOES 

Order No. 

CN-code 

TARIC code 

09.0001 

ex0102 90 05 

6X0102 90 29 

6X0102 90 49 

6X0102  90  50 

6X0102 90 69 

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 

COUNCIL  REGULATION  (EEC)  No 

19 3 

Proposai  for  a 

of 

1o 

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 

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  the  European  Economic  Community  undertook, 
within  the  framework  of  the  General  Agreement  on 
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 
in  the  herdbook,  certifying  purity  of 

registration 
breed ; 

Whereas  the  abovementioned  tariff  quota  should  there 
fore  be  opened  for  the  period  1  July  1993  to  30  June 
1994 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 ; 

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 ; 

in 

international 

Whereas  the  decision  for  the  opening, 
i ts 
the  execution  of 
obligations,  of  t a r i ff  quotas  should  be 
taken  by  the  Community;  whereas,  to 
ensure  the  efficiency  of  a  common 
administration  of  these  quotas,  there 
no  reasonable  obstacle  to  authorising 
the  Member  States  to  draw  from  the 
quota-volumes  the  necessary  quantities 
corresponding  to  actual 
this  method  of  administration  requires 
close  cooperation  between  the  Member 
States  and  the  Commission  and  the 
must 
the  rate  at  which  the  quotas  are  used  up 
and  Inform  the  Member  States 
accordingly; 

in  particular  be  able  to  monitor 

imports;  whereas 

latter 

is 

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  1993  to  30  June  1994  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  indi 
cated : 

Order  No 

09.0003 

CN  code 
(•) 

OX0102  90  05 
OX0102  90  29 
OX0102  90  49 
OX0102  90  59 
0X0102  90  69 
e x 0 1 02  90  79 

Description 

Quou 
volume 

Quota  duty 
(%) 

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

5 000  head 

4 

(a) Tanc codes  w i t h in  the  annex 

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. 

For  the  purposes  of  this  Regulation,  the  animals 
3. 
referred  to 
in  paragraph  1  shall  be  considered  not 
intended  for  slaughter  if  they  are  not  slaughtered  within 
four  months  of  the  date of  acceptance  of  the entry  for  free 
circulaion. 

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. 

Article  2 

1.  The  quota  volume  referred  to  in  Article  1 (1)  shall 
be  further  divided  into  two  parts. 

the  average  of  previous  imports  furnished  by  each 
applicant  in  respect  of  the  4 000  head  reserved  for 
established  importers. 

y *j 

1 

The  first  part,  80 %  of  the  total,  i.e. 4 000  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. 

The  Commission  shall  notify  the  Member  States, by 
2. 
22  July  1993, 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. 

for 

The  second  part,  of  20 %,  i.e.  1  000  head,  shall  be 
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. 

2.  The  4 000  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, 
or  to  the  quantities  applied  for  if  they  are  less  than 
previous  imports  while  the  1  000  head  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  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. 

3.  On  the  basis  of  the  data  referred  to  in  paragraph  2, 
issue  applicants  with  certificates 
Member  States  shall 
specifying  the  number  of  head  to  which  they  are  entitled. 
The  period  of  validity  of  the  certificates  may  not  go 
beyond  30  June  1994. 

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).  r or 
t ne  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. 

Article  3 

I.  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  clown  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  \6  July  1993, the  data  thus  collected,  and  in 
particular : 

4.  Quantities  which  have  not  been  the  subject  of  the 
issue of  entitlement  certificates  by 31  March  1994 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 
b y 1$  April  199 4 of  the  quantities  remaining  unused  on 
31  March  199 4  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  1994  to  the  Member  States,  which  shall  then  issue 

—  the  number  of  applicants  and  the  number  of  head 

applied  for  by  each  category  of  importer, 

(•)  OJ  No  L  331,  2.  12.  198JLD.  1. 
O oj  No L  21Ô,  25.7.1&2,  p.  18 

1Z 

the  entitlement  certificates  to  the  applicants  under  the 
conditions  set out  in paragraph  3, with a period of  validity 
not  extending  beyond  30  June  1994. 

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  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  (1). 

2.  They  shall  ensure  importers  equal  and  continuous 
access  to  the  tariff  quota  in  question. 

Article  5 

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

Article  6 

This  Regulation  shall  enter  into  force  on  the  third  day 
following  its  publication  in  the  Official  Journal  of  the 
European  Communities. 

It  shall  apply  from  1  July  1993 

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

Done  at  Brussels, 

For  the  Council 

The  President 

EUROPEAN  C O M M U N I TY 

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) 

2.  Issuing  authority 

"Il 

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. 

1lf 

ANNEX 

TARIC CODES 

Order No. 

CN-code 

TARIC code 

09.0003 

ex0102 90 05 

«X0102 90 29 

ex01O2 90 49 

•XO102' 90 59 

6X0102 90 69 

ex01©2 90 79 

0102 90 05*30 
*40 
*50 
0102 90 29*30 
*40 
*50 
0102 90 49*30 
*40 
•50 
©102 90 59*21 
*29 
*31 
*39 
0102 90 69*20 
•30 
0102 90 79*21 
*29 

If 

FINANCIAL  RECORD 

1. 

Budget  I I ne 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. 

Object 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:  31.276.920 ECU 
4.145.000 ECU 
Value of  the  5 000 head: 

Loss: 12% - 

b)  Levy  losses 

35.421.920 ECU 

4.250.630 ECU 

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

LOSS: 13,437 ECU/100 kg 

23.086 T 

i.e. 134,374 ECU x 23.086 T - 

3.102.158 ECU 

7.352.788 ECU 

Cost  of  the operation  (period  92/93): 8.157.427  ECU 
Cost of  the operation  (period 93/94): 7.352.788  ECU 

ISSN 0254-1475 

COM(93) 232 final 

DOCUMENTS 

EN 

1102 

Catalogue number : CB-CO-93-262-EN-C 

ISBN 92-77-56125-4 

Office for Official Publications of the European Communities 
L-2985 Luxembourg